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The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) (1) Since 1899 congressionally chartered veterans’ organizations have provided a valuable service to our nation’s returning service members. These organizations help preserve the memories and incidents of the great hostilities fought by our nation, and preserve and strengthen comradeship among members. (2) These veterans’ organizations also own and manage various properties including lodges, posts, and fraternal halls. These properties act as a safe haven where veterans of all ages and their families can gather together to find camaraderie and fellowship, share stories, and seek support from people who understand their unique experiences. This aids in the healing process for these returning veterans, and ensures their health and happiness. (b) As a result of congressional chartering of these veterans’ organizations, the United States Internal Revenue Service created a special tax exemption for these organizations under Section 501(c)(19) of the Internal Revenue Code. (c) Section 501(c)(19) of the Internal Revenue Code and related federal regulations provide for the exemption for posts or organizations of war veterans, or an auxiliary unit or society of, or a trust or foundation for, any such post or organization that, among other attributes, carries on programs to perpetuate the memory of deceased veterans and members of the Armed Forces and to comfort their survivors, conducts programs for religious, charitable, scientific, literary, or educational purposes, sponsors or participates in activities of a patriotic nature, and provides social and recreational activities for their members. (d) Section 215.1 of the Revenue and Taxation Code stipulates that all buildings, support and so much of the real property on which the buildings are situated as may be required for the convenient use and occupation of the buildings, used exclusively for charitable purposes, owned by a veterans’ organization that has been chartered by the Congress of the United States, organized and operated for charitable purposes, when the same are used solely and exclusively for the purpose of the organization, if not conducted for profit and no part of the net earnings of which ensures to the benefit of any private individual or member thereof, are exempt from taxation. (e) The Chief Counsel of the State Board of Equalization concluded, based on a 1979 appellate court decision, that only parts of American Legion halls are exempt from property taxation and that other parts, such as billiard rooms, card rooms, and similar areas, are not exempt. (f) In a 1994 memorandum, the State Board of Equalization’s legal division further concluded that the areas normally considered eligible for exemptions are the office areas used to counsel veterans and the area used to store veterans’ records, but that the meeting hall and bar found in most of the facilities are not considered used for charitable purposes. (g) Tax-exempt status is intended to provide economic incentive and support to veterans’ organizations to provide for the social welfare of the community of current and former military personnel. (h) The State Board of Equalization’s constriction of the tax exemption has resulted in an onerous tax burden on California veteran service organizations posts or halls, hinders the posts’ ability to provide facilities for veterans, and threatens the economic viability of many local organizations. (i) The charitable activities of a veteran service organizations post or hall are much more than the counseling of veterans. The requirements listed for qualification for the federal tax exemption clearly dictate a need for more than just an office. (j) Programs to perpetuate the memory of deceased veterans and members of the Armed Forces and to comfort their survivors require the use of facilities for funerals and receptions. (k) Programs for religious, charitable, scientific, literary, or educational purposes require space for more than 50 attendees. (l) Activities of a patriotic nature need facilities to accommodate hundreds of people. (m) Social and recreational activities for members require precisely those areas considered “not used for charitable purposes” by the State Board of Equalization. (n) The State Board of Equalization’s interpretation of the Revenue and Taxation Code reflects a lack of understanding of the purpose and programs of the veterans service organizations posts or halls and is detrimental to the good works performed in support of our veteran community. SECTION 1. SEC. 2. Section 215.1 of the Revenue and Taxation Code is amended to read: 215.1. (a) All buildings, and so much of the real property on which the buildings are situated as may be required for the convenient use and occupation of the buildings, used exclusively for charitable purposes, owned by a veterans’ organization that has been chartered by the Congress of the United States, organized and operated for charitable purposes, and exempt from federal income tax as an organization described in Section 501(c)(19) of the Internal Revenue Code when the same are used solely and exclusively for the purpose of the organization, if not conducted for profit and no part of the net earnings of which inures to the benefit of any private individual or member thereof, shall be exempt from taxation. (b) The exemption provided for in this section shall apply to the property of all organizations meeting the requirements of this section, subdivision (b) of Section 4 of Article XIII of the California Constitution, and paragraphs (1) to (4), inclusive, (6), and (7) of subdivision (a) of Section 214. (c) (1) The exemption specified by subdivision (a) shall not be denied to a property on the basis that the property is used for fraternal, lodge, or social club purposes. (2) With regard to this subdivision, the Legislature finds and declares all of the following: (A) The exempt activities of a veterans’ organization as described in subdivision (a) qualitatively differ from the exempt activities of other nonprofit entities that use property for fraternal, lodge, or social club purposes in that the exempt purpose of the veterans’ organization is to conduct programs to perpetuate the memory of deceased veterans and members of the Armed Forces and to comfort their survivors, to conduct programs for religious, charitable, scientific, literary, or educational purposes, to sponsor or participate in activities of a patriotic nature, and to provide social and recreational activities for their members. (B) In light of this distinction, the use of real property by a veterans’ organization as described in subdivision (a), for fraternal, lodge, or social club purposes is central to that organization’s exempt purposes and activities. (C) In light of the factors set forth in subparagraphs (A) and (B), the use of real property by a veterans’ organization as described in subdivision (a) for fraternal, lodge, or social club purposes, constitutes the exclusive use of that property for a charitable purpose within the meaning of subdivision (b) of Section 4 of Article XIII of the California Constitution. (d) The exemption provided for in this section shall not apply to any portion of a property that consists of a bar where alcoholic beverages are served. The portion of the property ineligible for the veterans’ organization exemption shall be that area used primarily to prepare and serve alcoholic beverages. (e) An organization that files a claim for the exemption provided for in this section shall file with the assessor a valid organizational clearance certificate issued pursuant to Section 254.6. (f) This exemption shall be known as the “veterans’ organization exemption.” SEC. 2. 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. 3. SEC. 4. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.
Existing property tax law establishes a veterans’ organization exemption under which property is exempt from taxation if, among other things, that property is used exclusively for charitable purposes and is owned by a veterans’ organization. This bill would provide that the veterans’ organization exemption shall not be denied to a property on the basis that the property is used for fraternal, lodge, or social club purposes, and would make specific findings and declarations in that regard. The bill would also provide that the exemption shall not apply to any portion of a property that consists of a bar where alcoholic beverages are served. 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. This bill would take effect immediately as a tax levy.
An act to amend Section 215.1 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.
The people of the State of California do enact as follows: SECTION 1. Section 1170.02 is added to the Penal Code, to read: 1170.02. A prisoner is not eligible for resentence or recall pursuant to subdivision (e) of Section 1170 if he or she was convicted of first-degree murder if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of his or her duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections, and was intentionally killed in retaliation for the performance of his or her official duties. SEC. 2. Section 3550 of the Penal Code is amended to read: 3550. (a) Notwithstanding any other law, except as provided in subdivision (b), if the head physician of an institution in which a prisoner is incarcerated determines, as provided in this section, that the prisoner is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform activities of basic daily living, and results in the prisoner requiring 24-hour care, and that incapacitation did not exist at the time of sentencing, the prisoner shall be granted medical parole if the Board of Parole Hearings determines that the conditions under which he or she would be released would not reasonably pose a threat to public safety. (b) This section does not alter or diminish the rights conferred under the Victims’ Bill of Rights Act of 2008 (Marsy’s Law). Subdivision (a) does not apply to any of the following: (1) A prisoner sentenced to death or life in prison without possibility of parole. (2) A prisoner who is serving a sentence for which parole, pursuant to subdivision (a), is prohibited by any initiative statute. (3) A prisoner who was convicted of first-degree murder if the victim was a peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance of his or her duties, and the individual knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties, or the victim was a peace officer or a former peace officer under any of the above-enumerated sections, and was intentionally killed in retaliation for the performance of his or her official duties. (c) When a physician employed by the Department of Corrections and Rehabilitation who is the primary care provider for a prisoner identifies a prisoner that he or she believes meets the medical criteria for medical parole specified in subdivision (a), the primary care physician shall recommend to the head physician of the institution where the prisoner is located that the prisoner be referred to the Board of Parole Hearings for consideration for medical parole. Within 30 days of receiving that recommendation, if the head physician of the institution concurs in the recommendation of the primary care physician, he or she shall refer the matter to the Board of Parole Hearings using a standardized form and format developed by the department, and if the head physician of the institution does not concur in the recommendation, he or she shall provide the primary care physician with a written explanation of the reasons for denying the referral. (d) Notwithstanding any other provisions of this section, the prisoner or his or her family member or designee may independently request consideration for medical parole by contacting the head physician at the prison or the department. Within 30 days of receiving the request, the head physician of the institution shall, in consultation with the prisoner’s primary care physician, make a determination regarding whether the prisoner meets the criteria for medical parole as specified in subdivision (a) and, if the head physician of the institution determines that the prisoner satisfies the criteria set forth in subdivision (a), he or she shall refer the matter to the Board of Parole Hearings using a standardized form and format developed by the department. If the head physician of the institution does not concur in the recommendation, he or she shall provide the prisoner or his or her family member or designee with a written explanation of the reasons for denying the application. (e) The Department of Corrections and Rehabilitation shall complete parole plans for inmates referred to the Board of Parole Hearings for medical parole consideration. The parole plans shall include, but not be limited to, the inmate’s plan for residency and medical care. (f) Notwithstanding any other law, medical parole hearings shall be conducted by two-person panels consisting of at least one commissioner. In the event of a tie vote, the matter shall be referred to the full board for a decision. Medical parole hearings may be heard in absentia. (g) Upon receiving a recommendation from the head physician of the institution where a prisoner is located for the prisoner to be granted medical parole pursuant to subdivision (c) or (d), the board, as specified in subdivision (f), shall make an independent judgment regarding whether the conditions under which the inmate would be released pose a reasonable threat to public safety, and make written findings related thereto. (h) Notwithstanding any other law, the board or the Division of Adult Parole Operations shall have the authority to impose any reasonable conditions on prisoners subject to medical parole supervision pursuant to subdivision (a), including, but not limited to, the requirement that the parolee submit to electronic monitoring. As a further condition of medical parole, pursuant to subdivision (a), the parolee may be required to submit to an examination by a physician selected by the board for the purpose of diagnosing the parolee’s current medical condition. In the event such an examination takes place, a report of the examination and diagnosis shall be submitted to the board by the examining physician. If the board determines, based on that medical examination, that the person’s medical condition has improved to the extent that the person no longer qualifies for medical parole, the board shall return the person to the custody of the department. (1) Notwithstanding any other law establishing maximum periods for parole, a prisoner sentenced to a determinate term who is placed on medical parole supervision prior to the earliest possible release date and who remains eligible for medical parole, shall remain on medical parole, pursuant to subdivision (a), until that earliest possible release date, at which time the parolee shall commence serving that period of parole provided by, and under the provisions of, Chapter 8 (commencing with Section 3000) of Title 1. (2) Notwithstanding any other law establishing maximum periods for parole, a prisoner sentenced to an indeterminate term who is placed on medical parole supervision prior to the prisoner’s minimum eligible parole date, and who remains eligible for medical parole, shall remain on medical parole pursuant to subdivision (a) until that minimum eligible parole date, at which time the parolee shall be eligible for parole consideration under all other provisions of Chapter 8 (commencing with Section 3000) of Title 1. (i) The Department of Corrections and Rehabilitation shall, at the time a prisoner is placed on medical parole supervision pursuant to subdivision (a), ensure that the prisoner has applied for any federal entitlement programs for which the prisoner is eligible, and has in his or her possession a discharge medical summary, full medical records, parole medications, and all property belonging to the prisoner that was under the control of the department. Any additional records shall be sent to the prisoner’s forwarding address after release to health care-related parole supervision. (j) The provisions for medical parole set forth in this title shall not affect an inmate’s eligibility for any other form of parole or release provided by law. (k) (1) Notwithstanding any other law, the Department of Corrections and Rehabilitation shall give notice to the county of commitment and the proposed county of release, if that county is different than the county of commitment, of any medical parole hearing as described in subdivision (f), and of any medical parole release as described in subdivision (g). (2) Notice shall be made at least 30 days, or as soon as feasible, prior to the time any medical parole hearing or medical parole release is scheduled for an inmate receiving medical parole consideration, regardless of whether the inmate is sentenced either determinately or indeterminately.
Existing law provides that the Board of Parole Hearings or its successor in interest shall be the state’s parole authority. Existing law requires that a prisoner who is found to be permanently medically incapacitated, as specified, be granted medical parole, if the Board of Parole Hearings determines that the conditions under which the prisoner would be released would not reasonably pose a threat to public safety. Existing law exempts a prisoner sentenced to death, a prisoner sentenced to life without the possibility of parole, and a prisoner who is serving a sentence for which parole is prohibited by initiative statute, from medical parole eligibility. Existing law authorizes a court to resentence or recall the sentence of a prisoner if the court finds that the prisoner is terminally ill, as specified, or the prisoner is permanently medically incapacitated, as specified, and, in either case, the conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety. Existing law exempts a prisoner sentenced to death or a term of life without the possibility of parole from eligibility for compassionate release pursuant to these provisions. This bill would additionally exempt from medical parole eligibility and compassionate release eligibility a prisoner who was convicted of the first-degree murder of a peace officer or a person who had been a peace officer, as provided.
An act to amend Section 3550 of, and to add Section 1170.02 to, the Penal Code, relating to parole.
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 long been known as the land of opportunity, the republic of the future. But for too many of its residents the future is receding. Inequality continues to rise — even though California has one of the most progressive tax structures in the nation. (b) Something more is needed; a new philosophy of governance that focuses on the overall progressive outcome that can be achieved through modernizing our tax system and investing in the means of upward mobility, above all job creating infrastructure and public higher education for our increasingly youthful population. (c) Beyond these foundations, building and sustaining a middle class means new jobs with good wages. Small businesses, like plumbing contractors, auto repair shops, and restaurants that account for over 90 percent of the state’s businesses and well over a third of all jobs, are a key rung on the ladder of upward mobility. They need a tax policy that will enable them to grow and add employees. (d) California’s two trillion dollar economy has shifted from being mainly agricultural and manufacturing in the 1950s and 1960s, when the framework of today’s tax system was set, to one based on information and services, which now accounts for 80 percent of all economic activities in the state. To achieve a future as promising as California’s past, we need a tax system that is based on this real economy of the 21st century while ensuring that new revenue is invested in strengthening the ladder of mobility for all our residents. (e) California of the 1950s and 1960s was governed with an eye towards the future and was renowned for the opportunities that it created for its residents. California’s water system was born during that era and transformed the desert into fertile agricultural land that not only fed Californians but the world. California also constructed its freeway system to more rapidly and safely move people and goods through the state as California became the gateway to the Pacific Rim. California’s higher education system was the envy of all, reaching new heights as the University of California and the California State University grew by six and eight campuses respectively between 1958 and 1965. California’s investment in infrastructure and education paid off as agriculture, aerospace, and then technology boomed and drove California into the 21st century as the fifth largest economy in the world. As businesses thrived, they created an abundance of middle class jobs that enabled Californians to capitalize on new opportunities to better the standard of living for themselves and their families. (f) As California’s economy thrived, however, its eye on the future wavered. By the late 1970s, state and local finances became intertwined; the state increasingly used its funds to support traditionally local operations and both state and local governments pulled back on the types of investments needed to help businesses and residents succeed. Today, Californians live with the investments made more than three generations ago. Fifty-five percent of our local streets need to be repaired or replaced. While the state’s water system received some funding in 2014, more is needed to meet the state’s demands. (g) On a local level, 70 percent of Los Angeles’ water infrastructure is composed of cast-iron pipes, most of which was laid during the early half of the 20th century. (h) Our financial commitment to kindergarten and grades 1 to 12, inclusive, education has waned. Average Daily Attendance grew anemically by 0.06 percent annually between 2007 and 2011. By 2011, California ranked 43rd in per pupil spending and California’s ADA was $2,580 less than the United States average — the largest gap in 40 years. (i) California’s commitment to higher education has also receded. In addition to opening professional and economic doorways for students, California’s higher education system is one of our most important economic engines. With almost 60 faculty and researchers who have won the Nobel prize, the University of California has over 3,200 active patents and contributes $33 billion to the California economy annually. The California State University generates an additional $17 billion in economic activity and supports 150,000 jobs in the state. Despite its proven value, California has not been able to maintain higher education accessibility for its residents. In the past 20 years, University of California fees have increased by 434 percent and California State University fees by 300 percent. Moreover, California community colleges, the largest provider of workforce training in the nation, increased fees by 130 percent between 2008 and 2012, leading to over a 20 percent decline in enrollment. (j) The lack of investment in infrastructure and education has diminished opportunities for Californians and continues to fuel the growing income inequality in California. Since 1970, the poorest 20 percent of Californians have seen their household income grow by just 3.1 percent while the income of the richest 20 percent has climbed 74.6 percent. Since 1987, 71.3 percent of all the gains generated by California’s economy have gone to the state’s wealthiest 10 percent. Moreover, today, California accounts for three of the 10 American cities with the greatest disparities in wealth—San Francisco, Oakland, and Los Angeles. (k) (1) The Upward Mobility Act would help ensure California’s residents and businesses can thrive in the 21st century global economy by increasing funding by $10 billion dollars for the following programs, as the revenue becomes available: (A) Three billion dollars to K-14 education. Investing in its residents through education is the foundation on which California has always built its economy. This measure would provide new funds to help rebuild California’s education system at every level. The new revenues will help to rebuild classrooms and be available to help protect classroom spending from pending pension fund demands. (B) Two billion dollars to the University of California and the California State University. Similarly, the measure would restore investment in California’s prized higher education system, essential to upward mobility for Californians. Revenues would be split evenly between the University of California and the California State University. (C) Three billion dollars to local governments. Investing in local governments will more closely connect Californians to the government spending that occurs on their behalf and support the new realignment burdens on local government. Moreover, additional guaranteed funding to provide additional public safety, parks, libraries, or local development, will allow local governments to best meet the specific needs of their particular communities. (D) Two billion dollars for a new earned income tax credit for low-income families. The Upward Mobility Act would establish a refundable earned income tax credit to help low-income families offset the burden of the proposed sales and use tax on services. (E) Small business and minimum wage relief. This measure would enhance the state’s business climate, create jobs, and incentivize entrepreneurship by evaluating the current corporate income tax to determine whether it is meeting its intended purpose while at the same time linking changes to a more reasonable minimum wage. (2) Because this funding would be guaranteed, school districts, community colleges, the California State University, the University of California, and local governments would be able to securitize the revenues to make essential long-term investments, just as is the case with real property taxes. (l) The Upward Mobility Act will fund these programs to enable the upward mobility of our residents and to help make California’s businesses more competitive by modernizing our tax code. The underlying problem is, while California’s economy has evolved, its tax system failed to keep up with the times. Over the past 60 years, California has moved from an agriculture and manufacturing based economy to a services based economy. As a result, state tax revenues have become less reliant on revenues derived from the Sales and Use Tax on goods and more reliant on revenues derived from the Personal Income Tax. In 1950, the Sales and Use Tax comprised 61 percent of all state revenues; today, it accounts for about 30 percent. The Personal Income Tax accounted for 12 percent of total state revenues in 1950; today, it accounts for more than 60 percent. (m) Moreover, California’s General Fund tax collections are heavily dependent on the earnings of its top earners. This has led to dramatic revenue swings year over year. During the dot-com economic boom of the 1950s 1990s through the early part of the 21st century, state revenues soared by as much as 20 percent in a single year. However, as personal incomes tumbled during the Great Recession, state revenues plummeted disproportionately. These swings in revenue have led to the suffering of California’s residents. Essential services, such as health care and child care for low-income families, were cut at a time when they were needed most. In addition, the state cut billions of dollars to education, including adult vocational and literacy education, which could have helped low-income families recover from the recession. Relying on the wealthiest taxpayers to support California’s needs is outdated and dangerous fiscal policy. Not only does it increase the uncertainty of tax collections, but there is evidence that California’s high tax rates may be driving high income earners out of the state, which only deepens revenue shortfalls. (n) The economy has shifted away from the production of goods to services. Since 1966 sales of taxable goods, as a share of the economy, have been cut in half. Today services represent 80 percent of California’s economy. Expanding the Sales and Use Tax to cover services removes a significant inequitable aspect of the tax code, implicitly favoring consumer spending on services over goods. Currently the sale of a TurboTax software disk is taxed, whereas a consumer who instead paid H&R Block would escape taxation. In essence, those who produce goods such as software or machinery are supporting those who produce services and information. Taxing only goods and not services when our economy has been so fundamentally transformed makes no sense and is manifestly unfair. This has to change. (o) The Upward Mobility Act seeks to make three broad changes to the tax code: (1) Broaden the tax base by imposing a sales tax on services to increase revenues. Local jurisdictions would not be authorized to increase sales tax on services, as they now can do with the sales tax on goods. Though the new revenues would be collected by the state, the ownership of those funds allocated to local government under this measure will be controlled by local government using traditional allocation mechanisms. Health care services and education services would be exempted from the tax, and very small businesses with under $100,000 gross sales would be exempted from the sales tax on services. (2) Enhance the state’s business climate and incentivize entrepreneurship and business creation by evaluating the corporate income tax to determine whether it is meeting its intended purposes, including whether it is born borne equitably among California’s businesses and what impact it has on the business climate, while at the same time linking changes to a more reasonable minimum wage. (3) Examine the impacts of lowering and simplifying the Personal Income Tax personal income tax while maintaining progressivity. The measure’s goal is to reduce the income tax rates imposed under the Personal Income Tax personal income tax rates for low-and middle-class-income households so that families earning $100,000 pay only $1,000. The income tax rate for top earners may also be reduced in a manner that balances fairness with mitigating adverse impact to both state revenues and competitiveness. The obligation of top earners with regard to other tax obligations for top earners, including Proposition 63, would remain intact. (p) In order to ensure fiscal responsibility, the Upward Mobility Act’s revenue reduction provisions would be phased in only when it is clear that new revenues are sufficient to replace any revisions to the personal income tax and corporate tax. (q) As the revenues secured by Proposition 30 expire, California policy decisionmakers must determine new long term ways to provide for state residents. The Upward Mobility Act will increase opportunities for California’s businesses and create an upward mobility ladder for California residents. Moreover, the Upward Mobility Act will realign the state’s outdated tax code with the realities of California’s 21st century economy. SEC. 2. Chapter 3.8 (commencing with Section 6305) is added to Part 1 of Division 2 of the Revenue and Taxation Code, to read: CHAPTER 3.8. Services 6305. In addition to the taxes imposed by this part, for the privilege of selling services at retail a tax is hereby imposed upon all retailers at the rate of ____ percent of the gross receipts of any retailer from the sale of all services sold at retail in this state on or after January 1, ____. 6306. In addition to the taxes imposed by this part an excise tax is hereby imposed on the receipt of the benefit of the service in this state of services on or after January 1, ____, at the rate specified in Section 6305 of the sales price of the services.
The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Personal Income Tax Law imposes taxes on personal taxable income at specified rates, and the Corporation Tax Law imposes taxes upon, or measured by, corporate income. This bill would state legislative findings regarding the Upward Mobility Act, key provisions of which would expand the application of the Sales and Use Tax law by imposing a tax on specified services, would enhance the state’s business climate and , would incentivize entrepreneurship and business creation by evaluating the Corporate Tax Law, corporate tax, and would examine the impacts of a lower and simpler Personal Income Tax Law. personal income tax. This bill would, on and after January 1, ___, expand the Sales and Use Tax Law to impose a tax on the gross receipts from the sale in this state of, or the receipt of the benefit in this state of services at a rate of ____%.
An act to add Chapter 3.8 (commencing with Section 6305) to Part 1 of Division 2 of the Revenue and Taxation Code, relating to taxation.
The people of the State of California do enact as follows: SECTION 1. Section 75220 of the Public Resources Code is amended to read: 75220. (a) The Transit and Intercity Rail Capital Program is hereby created to fund transformative capital improvements, as defined in subdivision (d), that will modernize California’s intercity, commuter, and urban rail systems and bus and ferry transit systems to achieve all of the following policy objectives: (1) Reduce emissions of greenhouse gases. (2) Expand and improve transit service to increase ridership. (3) Integrate the rail service of the state’s various rail operators, including integration with the high-speed rail system. (4) Improve transit safety. (b) The Transportation Agency shall evaluate applications consistent with the criteria set forth in this part and approve a multiyear program of projects for funding pursuant to Section 75224, which may be revised as necessary. (c) The California Transportation Commission shall allocate funding to applicants pursuant to the program of projects approved by the Transportation Agency. (d) “Transformative capital improvement” means a rail, bus, or ferry transit project that will significantly reduce vehicle miles traveled, congestion, and greenhouse gas emissions by creating a new transit system, increasing the capacity of an existing transit system, or otherwise significantly increasing the ridership of a transit system. SEC. 2. Section 75221 of the Public Resources Code is amended to read: 75221. (a) Projects eligible for funding under the program include, but are not limited to, all of the following: (1) Rail capital projects, including acquisition of rail cars and locomotives, that expand, enhance, and improve existing rail systems and connectivity to existing and future transit systems, including the high-speed rail system. (2) Intercity, commuter, and urban rail projects that increase service levels, improve reliability, or decrease travel times, including infrastructure access payments to host railroads in lieu of capital investments. (3) Rail, bus, and ferry integration implementation, including integrated ticketing and scheduling systems, shared-use corridors, related planning efforts, and other service integration initiatives. (4) Bus rapid transit and other bus and ferry transit investments to increase ridership and reduce greenhouse gas emissions. (b) In order to be eligible for funding under the program, a project shall demonstrate that it will achieve a reduction in emissions of greenhouse gases. In selecting projects for funding, the Transportation Agency shall consider the extent to which a project reduces emissions of greenhouse gases. (c) The program shall have a programmatic goal of providing at least 25 percent of available funding to projects benefiting disadvantaged communities, consistent with the objectives of Chapter 830 of the Statutes of 2012. (d) In evaluating grant applications for funding, the Transportation Agency shall consider all of the following: (1) The cobenefits of projects that support the implementation of sustainable communities strategies through one or more of the following: (A) Reducing vehicle miles traveled from automobiles and the number of automobile trips through growth in transit ridership. (B) Promoting housing development in the vicinity of rail stations and major transit centers. (C) Expanding existing rail and public transit systems. (D) Enhancing the connectivity, integration, and coordination of the state’s various transit systems, including, but not limited to, regional and local transit systems and the high-speed rail system. (E) Implementing clean vehicle technology. (F) Promoting active transportation. (G) Improving public health. (2) The project priorities developed through the collaboration of two or more rail operators and any memoranda of understanding between state agencies and local or regional rail operators. (3) Geographic equity. (4) Consistency with an adopted sustainable communities strategy or, if a sustainable strategy is not required for a region by law, a regional plan that includes policies and programs to reduce emissions of greenhouse gases. (5) The extent to which a project has supplemental funding committed to it from other nonstate sources. (6) The extent to which the project will increase transit ridership. (e) Eligible applicants under the program shall be public agencies, including joint powers agencies, that operate or have planning responsibility for existing or planned regularly scheduled intercity or commuter passenger rail service, urban rail transit service, or bus or ferry transit service. (f) A recipient of moneys under the program may combine funding from the program with other state funding, including, but not limited to, the State Transportation Improvement Program, the Low Carbon Transit Operations Program, the State Air Resources Board clean vehicle program, and state transportation bond funds. SEC. 3. Section 75222 of the Public Resources Code is amended to read: 75222. (a) Applications for grants under the program shall be submitted to the Transportation Agency for evaluation in accordance with procedures and program guidelines approved by the agency. An eligible applicant may submit an application to the agency to fund a project over multiple fiscal years. The agency may make multiyear funding commitments for projects that are proposed by an eligible applicant to be funded from the program over a period of more than one fiscal year. (b) The application shall define the project purpose, intended scope, proposed cost, intended funding sources, and schedule for project completion. (c) The application shall specify the phases of work for which an eligible applicant is seeking an allocation of moneys from the program. (d) The application shall identify the sources and timing of all moneys required to undertake and complete any phase of a project for which an eligible applicant is seeking an allocation of moneys from the program. The application shall also describe intended sources and timing of funding to complete any subsequent phases of the project, through construction or procurement. (e) The application shall include information describing the funding sources and approach to ensuring that ongoing operating and maintenance costs of the project are funded through the useful life of the project, as applicable. (f) Eligible applicants may submit more than one application for grants under the program pursuant to this section. (g) An eligible applicant may use a project study report or equivalent document to demonstrate eligibility of a project for inclusion in the multiyear program of projects pursuant to Section 75224. The project study report or equivalent document shall, at a minimum, be adequate to define and justify the project scope, cost, and schedule for the project application. SEC. 4. Section 75223 is added to the Public Resources Code, to read: 75223. (a) The Transportation Agency shall conduct at least two public workshops on draft program guidelines containing selection criteria prior to approval and shall post the draft guidelines on the agency’s Internet Web site at least 30 days prior to the first public workshop. Concurrent with the posting, the agency shall transmit the draft guidelines to the fiscal committees and the appropriate policy committees of the Legislature. (b) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the development and approval of procedures and program guidelines for the program pursuant to this section. SEC. 5. Section 75224 is added to the Public Resources Code, to read: 75224. (a) No later than July 1, 2018, the Transportation Agency shall approve a program of projects, which shall cover a period of five fiscal years, beginning with the 2018–19 fiscal year. (b) The Transportation Agency shall approve each subsequent program of projects not later than April 1 of each even-numbered year. Each subsequent program shall cover a period of five fiscal years, beginning July 1 of the year of approval, and shall be a statement of intent by the Transportation Agency for the allocation and expenditure of moneys during those five fiscal years. (c) In developing the program of projects, and consistent with the consideration of all other criteria for individual projects, the Transportation Agency shall seek to maximize the total amount of reductions in emissions of greenhouse gases that would be achieved under the program. (d) For a project to be funded from the program over a period of more than one fiscal year, the Transportation Agency, at the request of an eligible applicant and in cooperation with the commission, shall enter into and execute a multiyear funding agreement with the eligible applicant for the project for an amount of program moneys and for any duration, as determined jointly by the agency and applicant. SEC. 6. Section 75225 is added to the Public Resources Code, to read: 75225. (a) A lead applicant agency may apply to the commission for a letter of no prejudice for a project or for any component of a project included in the program of projects approved by the Transportation Agency. If approved by the commission, the letter of no prejudice shall allow the lead applicant agency to expend its own moneys for the project or any component of the project and to be eligible for future reimbursement from moneys available for the program from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. (b) The amount expended under subdivision (a) shall be reimbursed by the state from moneys available for the program from the Greenhouse Gas Reduction Fund if all of the following conditions are met: (1) The project or project component for which the letter of no prejudice was requested has commenced, and the regional or local expenditures have been incurred. (2) The expenditures made by the lead applicant agency are eligible for reimbursement in accordance with applicable laws and procedures. If expenditures made by the lead applicant agency are determined to be ineligible, the state has no obligation to reimburse those expenditures. (3) The lead applicant agency complies with all legal requirements for the project, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (4) There are moneys in the Greenhouse Gas Reduction Fund designated for the program that are sufficient to make the reimbursement payment. (c) The lead applicant agency and the commission shall enter into an agreement governing reimbursement as described in this section. The timing and final amount of reimbursement is dependent on the terms of the agreement and the availability of moneys in the Greenhouse Gas Reduction Fund for the program. (d) The commission, in consultation with intercity, commuter, urban rail, and other public transit entities, may develop guidelines to implement this section.
Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from a market-based compliance mechanism relative to reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund. Existing law establishes the Transit and Intercity Rail Capital Program, which receives 10% of the annual proceeds of the Greenhouse Gas Reduction Fund as a continuous appropriation, to fund capital improvements and operational investments to modernize California’s rail systems to achieve certain policy objectives, including reducing greenhouse gas emissions, expanding and improving rail services to increase ridership, and improving rail safety. Existing law requires the Transportation Agency to evaluate applications for funding under the program and to prepare a list of projects recommended for funding, with grants to be awarded by the California Transportation Commission. This bill would modify the purpose of the program to delete references to operational investments and instead provide for the funding of transformative capital improvements, as defined, that will modernize California’s intercity, commuter, and urban rail systems and bus and ferry transit systems to achieve certain policy objectives, including reducing emissions of greenhouse gases, expanding and improving transit services to increase ridership, and improving transit safety. By expanding the purposes for which continuously appropriated moneys may be used, the bill would make an appropriation. The bill would modify the information required to be included in applications for grants under the program and would authorize an eligible applicant to submit an application to fund a project over multiple fiscal years and to submit multiple applications. The bill would require the Transportation Agency, in selecting projects for funding, to consider the extent to which a project reduces greenhouse gas emissions, would add additional factors to be considered in evaluating applications for funding, and would expand certain factors considered to include bus and ferry transit service. The bill would require the Transportation Agency to approve, by July 1, 2018, a 5-year program of projects, and would require the California Transportation Commission to allocate funding to eligible applicants pursuant to the program of projects, with subsequent programs of projects to be approved not later than April 1 of each even-numbered year thereafter. The bill would require the Transportation Agency, in cooperation with the California Transportation Commission and at the request of an eligible applicant, to enter into and execute a multiyear funding agreement for a project to be funded over more than one fiscal year, as specified, and would authorize the California Transportation Commission to approve a letter of no prejudice that would allow an applicant to expend its own moneys on a project in the approved program of projects, subject to future reimbursement from program moneys for eligible expenditures.
An act to amend Sections 75220, 75221, and 75222 of, and to add Sections 75223, 75224, and 75225 to, the Public Resources Code, relating to transportation, and making an appropriation therefor.
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 POLST eRegistry Pilot Act. SEC. 2. Section 4788 is added to the Probate Code, to read: 4788. (a)   For purposes of this section: (1) “Authority” means the Emergency Medical Services Authority. (2) “Authorized user” means a person authorized by the authority to submit information to, or to receive information from, the POLST eRegistry Pilot, including health care providers, as defined in Section 4781, and their designees. (3) “POLST” means a Physician Orders for Life Sustaining Treatment that fulfills the requirements, in any format, of Section 4780. (4) “POLST eRegistry Pilot” means the California POLST eRegistry Pilot Act established pursuant to this section to make electronic, in addition to other modes of submission and transmission, POLST information available to authorized users. (b) (1) The authority shall establish a pilot project, in consultation with stakeholders, to operate an electronic registry system on a pilot basis, to be known as the California POLST eRegistry Pilot, for the purpose of collecting a patient’s POLST information received from a physician or physician’s designee and disseminating the information to an authorized user. (2) The authority shall implement this section only after determining that sufficient nonstate funds are available to allow for the development of the POLST eRegistry Pilot, any related startup costs, and an evaluation of the POLST eRegistry Pilot. (3) The authority shall coordinate the POLST eRegistry Pilot, which shall be operated by, and as a part of, the health information exchange networks, or by an independent contractor, or by a combination thereof. The POLST eRegistry Pilot may operate in a single geographic area or multiple geographic areas and may test various methods of making POLST information available electronically. The design of the POLST eRegistry Pilot shall be sufficiently robust, based on the success of the pilot, to inform the permanent, statewide operation of a POLST eRegistry. (4) The authority shall adopt guidelines necessary for the operation of the POLST eRegistry Pilot. In developing these guidelines, the authority shall seek input from interested parties and hold at least one public meeting. The adoption, amendment, or repeal of the guidelines authorized by this paragraph is hereby exempted from 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 guidelines shall include, but not be limited to, the following: (A) The means by which initial or subsequent POLST information may be submitted to, or withdrawn from, the POLST eRegistry Pilot, which shall include a method for electronic delivery of this information and the use of legally sufficient electronic signatures. (B) Appropriate and timely methods by which the information in the POLST eRegistry Pilot may be disseminated to an authorized user. (C) Procedures for verifying the identity of an authorized user. (D) Procedures to ensure the accuracy of, and to appropriately protect the confidentiality of, POLST information submitted to the POLST eRegistry Pilot. (E) The requirement that a patient, or, when appropriate, his or her legally recognized health care decisionmaker, receive a confirmation or a receipt that the patient’s POLST information has been received by the POLST eRegistry Pilot. (F) The ability of a patient, or, when appropriate, his or her legally recognized health care decisionmaker, with his or her health care provider, as defined in Section 4621, to modify or withdraw POLST information on the POLST eRegistry Pilot. (6) (A) Prior to implementation of the POLST eRegistry Pilot, the authority shall submit a detailed plan to the Legislature that explains how the POLST eRegistry Pilot will operate. (B) The plan to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code. (c) The operation of the POLST eRegistry Pilot, for all users, shall comply with state and federal privacy and security laws and regulations, including, but not limited to, compliance with the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code) and the regulations promulgated pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), found at Parts 160 and 164 of Title 45 of the Code of Federal Regulations. (d) When the POLST eRegistry Pilot is operable in the geographic area in which he or she practices or operates, a physician or physician’s designee who completes POLST information with a patient or his or her legally recognized health care decisionmaker shall include the POLST information in the patient’s official medical record and shall submit a copy of the POLST form to, or enter the POLST information into, the POLST eRegistry Pilot, unless the patient or the legally recognized health care decisionmaker chooses not to participate in the POLST eRegistry Pilot. (e) When the POLST eRegistry Pilot is operable in the geographic area in which they practice or operate, physicians, hospitals, and health information exchange networks shall make electronic POLST information available, for use during emergencies, through the POLST eRegistry Pilot to health care providers, as defined in Section 4781, that also practice or operate in a geographic area where the POLST eRegistry Pilot is operable, but that are outside of their health information exchange networks. (f) In accordance with Section 4782, a health care provider, as defined in Section 4781, who honors a patient’s request regarding resuscitative measures obtained from the POLST eRegistry Pilot shall not be subject to criminal prosecution, civil liability, discipline for unprofessional conduct, administrative sanction, or any other sanction, if the health care provider (1) believes in good faith that the action or decision is consistent with this part, and (2) has no knowledge that the action or decision would be inconsistent with a health care decision that the individual signing the request would have made on his or her own behalf under like circumstances. (g) An independent contractor approved by the authority shall perform an evaluation of the POLST eRegistry Pilot. (h) 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.
Existing law defines a request regarding resuscitative measures as a written document, signed by an individual with capacity, or a legally recognized health care decisionmaker, and the individual’s physician, directing a health care provider regarding resuscitative measures. Existing law defines a Physician Orders for Life Sustaining Treatment form, which is commonly referred to as a POLST form, and provides that a request regarding resuscitative measures includes a POLST form. Existing law requires that a POLST form and the medical intervention and procedures offered by the form be explained by a health care provider. Existing law distinguishes a request regarding resuscitative measures from an advance health care directive. This bill would enact the California POLST eRegistry Pilot Act. The bill would require the Emergency Medical Services Authority to establish a pilot project, in consultation with stakeholders, to operate an electronic registry system on a pilot basis, to be known as the California POLST eRegistry Pilot, for the purpose of collecting POLST information received from a physician or physician’s designee. The bill would require the authority to coordinate the POLST eRegistry Pilot, which would be operated by health information exchange networks, by an independent contractor, or by a combination thereof. The bill would require the authority to implement these provisions only after it determines that sufficient nonstate funds are available for development of the POLST eRegistry Pilot, any related startup costs, and an evaluation of the POLST eRegistry Pilot. When the POLST eRegistry Pilot is operable in the geographic area in which he or she operates or practices, a physician or physician’s designee who completes POLST information would be required to include the POLST information in the patient’s official medical record and would be required to submit a copy of the form to, or to enter the information into, the POLST eRegistry Pilot, unless a patient or his or her health care decisionmaker chooses not to participate in the POLST eRegistry Pilot. The bill would require the authority to adopt guidelines for, among other things, the operation of the POLST eRegistry Pilot, including the means by which POLST information would be submitted electronically, modified, or withdrawn, the appropriate and timely methods for dissemination of POLST form information, the procedures for verifying the identity of an authorized user, and rules for maintaining the confidentiality of POLST information received by the POLST eRegistry Pilot. The bill would require that any disclosure of POLST information in the POLST eRegistry Pilot be made in accordance with applicable state and federal privacy and security laws and regulations. The bill would provide immunity from criminal prosecution, civil liability, discipline for unprofessional conduct, and any other sanction for a health care provider who honors a patient’s request regarding resuscitative measures obtained from the POLST eRegistry Pilot, as specified. The bill would require an independent contractor approved by the authority to conduct an evaluation of the POLST eRegistry Pilot. The provisions of the bill would be operative until January 1, 2020.
An act to add and repeal Section 4788 of the Probate Code, relating to resuscitative measures.
The people of the State of California do enact as follows: SECTION 1. Section 87207 of the Government Code is amended to read: 87207. (a) If income is required to be reported under this article, the statement shall contain, except as provided in subdivision (b): (1) The name and address of each source of income aggregating five hundred dollars ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. (2) A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was at least five hundred dollars ($500) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000) but was not greater than ten thousand dollars ($10,000), whether it was greater than ten thousand dollars ($10,000) but not greater than one hundred thousand dollars ($100,000), or whether it was greater than one hundred thousand dollars ($100,000). (3) A description of the consideration, if any, for which the income was received. (4) In the case of a gift, the amount and the date on which the gift was received, and the travel destination for purposes of a gift that is a travel payment, advance, or reimbursement. (5) In the case of a loan, the annual interest rate, the security, if any, given for the loan, and the term of the loan. (b) If the filer’s pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported under this article, the statement shall contain: (1) The name, address, and a general description of the business activity of the business entity. (2) The name of every person from whom the business entity received payments if the filer’s pro rata share of gross receipts from that person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. (c) If a payment, including an advance or reimbursement, for travel is required to be reported pursuant to this section, it may be reported on a separate travel reimbursement schedule which shall be included in the filer’s statement of economic interest. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income. SEC. 1.5. Section 87207 of the Government Code is amended to read: 87207. (a) Except as provided in subdivision (b), if income is required to be reported under this article, the statement shall contain all of the following: (1) The name and address of each source of income aggregating one thousand dollars ($1,000) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. (2) A statement indicating which of the following represents the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source: (A) At least one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000). (B) Greater than ten thousand dollars ($10,000) but not greater than one hundred thousand dollars ($100,000). (C) Greater than one hundred thousand dollars ($100,000) but not greater than two hundred fifty thousand dollars ($250,000). (D) Greater than two hundred fifty thousand dollars ($250,000) but not greater than five hundred thousand dollars ($500,000). (E) Greater than five hundred thousand dollars ($500,000). (3) A description of the consideration, if any, for which the income was received. (4) In the case of a gift, the amount and the date on which the gift was received, and the travel destination for purposes of a gift that is a travel payment, advance, or reimbursement. (5) In the case of a loan, the annual interest rate, the security, if any, given for the loan, and the term of the loan. (b) If the filer’s pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported under this article, the statement shall contain the following: (1) (A) The name, address, and, except as provided in subparagraph (B), a thorough and detailed description of the business activity of the business entity based on criteria established by the commission. (B) A filer is not required to provide a thorough and detailed description of the business activity of the business entity if the business entity is publicly traded. (2) The name of every person from whom the business entity received payments if the filer’s pro rata share of gross receipts from that person was equal to or greater than ten thousand dollars ($10,000) during a calendar year. (c) If a payment, including an advance or reimbursement, for travel is required to be reported pursuant to this section, it may be reported on a separate travel reimbursement schedule, which shall be included in the filer’s statement of economic interest. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income. SEC. 2. Section 89506 of the Government Code is amended to read: 89506. (a) Payments, advances, or reimbursements for travel, including actual transportation and related lodging and subsistence that is reasonably related to a legislative or governmental purpose, or to an issue of state, national, or international public policy, are not prohibited or limited by this chapter if either of the following applies: (1) The travel is in connection with a speech given by the elected state officer, local elected officeholder, candidate for elective state office or local elective office, an individual specified in Section 87200, member of a state board or commission, or designated employee of a state or local government agency, the lodging and subsistence expenses are limited to the day immediately preceding, the day of, and the day immediately following the speech, and the travel is within the United States. (2) The travel is provided by a government, a governmental agency, a foreign government, a governmental authority, a bona fide public or private educational institution, as defined in Section 203 of the Revenue and Taxation Code, a nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, or by a person domiciled outside the United States who substantially satisfies the requirements for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. (b) Gifts of travel not described in subdivision (a) are subject to the limits in Section 89503. (c) Subdivision (a) applies only to travel that is reported on the recipient’s statement of economic interests. (d) For purposes of this section, a gift of travel does not include any of the following: (1) Travel that is paid for from campaign funds, as permitted by Article 4 (commencing with Section 89510), or that is a contribution. (2) Travel that is provided by the agency of a local elected officeholder, an elected state officer, member of a state board or commission, an individual specified in Section 87200, or a designated employee. (3) Travel that is reasonably necessary in connection with a bona fide business, trade, or profession and that satisfies the criteria for federal income tax deduction for business expenses in Sections 162 and 274 of the Internal Revenue Code, unless the sole or predominant activity of the business, trade, or profession is making speeches. (4) Travel that is excluded from the definition of a gift by any other provision of this title. (e) This section does not apply to payments, advances, or reimbursements for travel and related lodging and subsistence permitted or limited by Section 170.9 of the Code of Civil Procedure. (f) (1) A nonprofit organization that regularly organizes and hosts travel for elected officials and that makes payments, advances, or reimbursements that total more than ten thousand dollars ($10,000) in a calendar year, or that total more than five thousand dollars ($5,000) in a calendar year for a single person, for travel by an elected state officer or local elected officeholder as described in subdivision (a) shall disclose to the Commission the names of donors who did both of the following in the preceding year: (A) Donated one thousand dollars ($1,000) or more to the nonprofit organization. (B) Accompanied an elected state officer or local elected officeholder, either personally or through an agent, employee, or representative, for any portion of travel described in subdivision (a). (2) For purposes of this subdivision, an organization “regularly organizes and hosts travel for elected officials” if the sum of the organization’s expenses that relate to any of the following types of activities with regard to elected officials was greater than one-third of its total expenses reflected on the organization’s Internal Revenue Service Form 990, or the equivalent, filed most recently within the last 12 months: (A) Travel. (B) Study tours. (C) Conferences, conventions, and meetings. (3) This subdivision does not preclude a finding that a nonprofit organization is acting as an intermediary or agent of the donor. If the nonprofit organization is acting as an intermediary or agent of the donor, all of the following apply: (A) The donor to the nonprofit organization is the source of the gift. (B) The donor shall be identified as a financial interest under Section 87103. (C) The gift shall be reported as required by Section 87207. (D) The gift shall be subject to the limitations on gifts specified in Section 89503. (4) For purposes of this subdivision, a nonprofit organization includes an organization that is exempt from taxation under Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code. SEC. 3. Section 1.5 of this bill incorporates amendments to Section 87207 of the Government Code proposed by both this bill and Assembly Bill 10. 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 87207 of the Government Code, and (3) this bill is enacted after Assembly Bill 10, in which case 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. SEC. 5. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing and related matters, including the reporting of gifts, as defined. The act prohibits specified officers from receiving gifts in excess of $440 in value from a single source in a calendar year. The act exempts gift payments for the actual costs of specified types of travel that are reasonably related to a legislative or governmental purpose, or to an issue of state, national, or international public policy, from the annual limit on the value of gifts from a single source. This bill would require a nonprofit organization that regularly organizes and hosts travel for elected officials, as specified, and that pays for these types of travel for an elected state officer or local elected officeholder to disclose the names of donors who, in the preceding year, both donated to the nonprofit organization and accompanied an elected officer or officeholder for any portion of the travel, as specified. The bill would require a person who receives a gift of a travel payment from any source to report the travel destination on his or her statement of economic interests. This bill would incorporate additional changes to Section 87207 of the Government Code proposed by both this bill and AB 10, 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. A violation of the act’s provisions is punishable as a misdemeanor. By expanding the scope of an existing 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2/3 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
An act to amend Sections 87207 and 89506 of the Government Code, relating to the Political Reform Act of 1974.
The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares as follows: (a) More than $40 million of funding for the training of California’s primary care physicians is expiring in 2016. (b) Each year in California, only 368 slots are available to the thousands of medical students seeking to train in family medicine. If the funding is not replaced, 158 of those slots will be lost, creating a terrible deficit of primary care physicians in California’s underserved communities. (c) Only 36 percent of California’s active patient care physicians practice primary care. Twenty-three of California’s 58 counties fall below the minimum required primary care physician to population ratio. (d) As of 2010, California needed an estimated additional 8,243 primary care physicians by 2030 to prevent projected shortages in the state, which is about 412 new primary care physicians per year. (e) More than 32 percent of California’s practicing primary care physicians are 60 years of age or older – only four other states have a larger percentage of soon-to-retire physicians. (f) States with higher ratios of primary care physicians to population have better health outcomes, including decreased mortality from cancer, heart disease, and stroke. (g) The Song-Brown program provides an existing state infrastructure to support an increase in the number of primary care providers serving California’s underserved populations. By investing in Song-Brown, California will realize an immediate return on investment as each primary care resident provides an average of 600 additional patient visits per physician per year during training alone. (h) California’s long-term workforce will also grow significantly as the vast majority of physicians who train in a region stay there to practice. California leads all fifty states in the percentage of residency program graduates who stay in the state in which they are trained. SEC. 2. Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated from the General Fund the sum of three hundred million dollars ($300,000,000) to the Director of Statewide Health Planning and Development, for the purpose of funding new and existing graduate medical education physician residency positions, and supporting training faculty, pursuant to the Song-Brown Health Care Workforce Training Act (Article 1 (commencing with Section 128200) of Chapter 4 of Part 3 of Division 107 of the Health and Safety Code). The moneys shall be expended as follows: (a) The sum of one hundred million dollars ($100,000,000) shall be expended in the 2016–17 fiscal year. (b) The sum of one hundred million dollars ($100,000,000) shall be expended in the 2017–18 fiscal year. (c) The sum of one hundred million dollars ($100,000,000) shall be expended in the 2018–19 fiscal year. SECTION 1. Article 7 (commencing with Section 128590) is added to Chapter 5 of Part 3 of Division 107 of the Health and Safety Code , to read: 7. California Medical Residency Training Program 128590. As used in this article: (a)“Director” means the Director of Statewide Health Planning and Development. (b)“Foundation” means the Health Professions Education Foundation. (c)“Fund” means the Medical Residency Training Fund. (d)“Office” means the Office of Statewide Health Planning and Development. (e)“Panel” means the Medical Residency Training Advisory Panel, established pursuant to Section 128591. (f)“Primary care” means the medical practice areas of family medicine, general surgery, internal medicine, obstetrics and gynecology, pediatrics, psychiatry, and related specialties and subspecialties as the office deems appropriate. (g)“Residency position” means a graduate medical education residency position in the field of primary care. 128591. (a)(1)There is established within the foundation the Medical Residency Training Advisory Panel. (2)The panel shall consist of 13 members. Seven members shall be appointed by the Governor, one member shall be appointed by the Speaker of the Assembly, one member shall be appointed by the Senate Committee on Rules, two members of the Medical Board of California shall be appointed by the Medical Board of California, and two members of the Osteopathic Medical Board of California shall be appointed by the Osteopathic Medical Board of California. (3)The members of the panel appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules shall consist of representatives of designated and nondesignated public hospitals, private hospitals, community clinics, public and private health insurance providers, the pharmaceutical industry, associations of health care practitioners, and other appropriate members of health or related professions. (4)All persons considered for appointment shall have an interest in increasing the number of medical residencies in the state, an interest in increasing access to health care in underserved areas of California, and the ability and desire to solicit funds for the purposes of this article, as determined by the appointing power. (b)The Governor shall appoint the president of the panel from among those members appointed by the Governor, the Speaker of the Assembly, the Senate Committee on Rules, the Medical Board of California, and the Osteopathic Medical Board of California. (c)(1)Of the members of the panel first appointed by the Governor, three members shall be appointed to serve a one-year term, three members shall be appointed to serve a two-year term, and one member shall be appointed to serve a three-year term. (2)Each member of the panel first appointed by the Speaker of the Assembly and the Senate Committee on Rules shall be appointed to serve a three-year term. (3)Each member of the panel appointed by the Medical Board of California and the Osteopathic Medical Board of California shall be appointed to serve a four-year term. (4)Upon the expiration of the initial appointments to the panel by the Governor, the Speaker of the Assembly, the Senate Committee on Rules, the Medical Board of California, and the Osteopathic Medical Board of California, each member shall be appointed to serve a four-year term. (d)(1)Members of the panel appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with their duties as members of the panel. (2)The members appointed by the Medical Board of California and the Osteopathic Medical Board of California shall serve without compensation, but shall be reimbursed by the Medical Board of California and the Osteopathic Medical Board of California, respectively, for any actual and necessary expenses incurred in connection with their duties as members of the panel. (e)Notwithstanding any law relating to incompatible activities, no member of the panel shall be considered to be engaged in activities inconsistent and incompatible with his or her duties solely as a result of membership on the Medical Board of California or the Osteopathic Medical Board of California. (f)The panel shall be subject to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 2 of the Corporations Code), except that if there is a conflict with this article and the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 2 of the Corporations Code), this article shall prevail. 128592. The panel shall do all of the following: (a)Solicit and accept funds from business, industry, foundations, and other private or public sources for the purpose of establishing and funding new residency positions in areas of the state described in subdivision (c). (b)Encourage public and private sector institutions, including hospitals, colleges, universities, community clinics, and other health agencies and organizations to identify and provide locations for the establishment of new residency positions in areas of the state described in subdivision (c). The panel shall solicit proposals for medical residency programs, as described in subdivision (c), and shall provide to the foundation a copy of all proposals it receives. (c)Upon the sufficient solicitation of funds and at the panel’s discretion, recommend to the foundation the establishment of new residency positions. A recommendation shall include all pertinent information required to enter into the necessary contracts to establish the residency positions. The panel shall only approve and recommend to the foundation proposals that would establish residency positions that will serve in any of the following medical service areas: (1)A service area that is designated as a primary care shortage area by the office. (2)A service area that is designated as a health professional shortage area for primary care, by either population or geographic designation, by the Health Resources and Services Administration of the United States Department of Health and Human Services. (3)A service area that is designated as a medically underserved area or medically underserved population by the Health Resources and Services Administration of the United States Department of Health and Human Services. (d)Upon foundation approval of a recommendation, deposit into the fund necessary moneys required to establish and fund the residency position. (e)Recommend to the director that a portion of the funds solicited from the private sector be used for the administrative requirements of the panel and the foundation. (f)Prepare and submit an annual report to the Legislature documenting the amount of money solicited, the amount of money deposited by the panel into the fund, the recommendations for the location and fields of practice of residency positions, total expenditures for the year, and prospective fundraising goals. 128593. The foundation shall do all of the following: (a)Provide technical and staff support to the panel in meeting all of its responsibilities. (b)Upon receipt of a recommendation made by the panel pursuant to subdivision (c) of Section 128592, approve the recommendation if the recommendation fulfills the requirements of subdivision (c) of Section 128592 and the recommendation fulfills the goals of this article. Upon sufficient funds being available, an approval shall be sent to the office for implementation pursuant to Section 128594. 128594. The office shall do all of the following: (a)Establish a uniform process by which the panel may solicit proposals from public and private sector institutions, including hospitals, colleges, universities, community clinics, and other health agencies and organizations that train primary care residents. The office shall require that the proposals contain all necessary and pertinent information, including, but not limited to, all of the following: (1)The location of the proposed residency position. (2)The medical practice area of the proposed residency position. (3)Information that demonstrates the area’s need for the proposed residency position and for additional primary care practitioners. (4)The amount of funding required to establish and operate the residency position. (b)Enter into contracts with public and private sector institutions, including hospitals, colleges, universities, community clinics, and other health agencies and organizations in order to fund and establish residency positions at, or in association with, these institutions. (c)Ensure that the residency position has been, or will be, approved by the Accreditation Council for Graduate Medical Education. (d)Provide all of the following information to the panel and the foundation as requested: (1)The areas of the state that are deficient in primary care services. (2)The areas of the state that have the highest number of Medi-Cal enrollees and persons eligible to enroll in Medi-Cal, by proportion of population. (3)Other information relevant to assist the panel and the foundation in making recommendations on possible locations for new residency positions. (e)Monitor the residencies established pursuant to this article. (f)(1)Prepare and submit an annual report to the panel, the foundation, and the Legislature documenting the amount of money contributed to the fund by the panel, the amount of money expended from the fund, the purposes of those expenditures, the number and location of residency positions established and funded, and recommendations for the location of future residency positions. (2)The report pursuant to paragraph (1) shall be made to the Legislature pursuant to Section 9795 of the Government Code. 128595. (a)The Medical Residency Training Fund is hereby created within the State Treasury. (b)The primary purpose of the fund is to allocate funding for new residency positions throughout the state. Money in the fund shall also be used to pay for the cost of administering the goals of the panel and the foundation as established by this article, and for any other purpose authorized by this article. (c)The level of expenditure by the office for the administrative support of the panel and the foundation is subject to review and approval annually through the state budget process. (d)In addition to funds raised by the panel, the office and the foundation may solicit and accept public and private donations to be deposited into the fund. All money in the fund is continuously appropriated to the office for the purposes of this article. The office shall manage this fund prudently in accordance with applicable laws. 128596. Any regulations the office adopts to implement this article shall be adopted as emergency regulations in accordance with Section 11346.1 of the Government Code, except that the regulations shall be exempt from the requirements of subdivisions (e), (f), and (g) of that section. The regulations shall be deemed to be emergency regulations for the purposes of Section 11346.1 of the Government Code. 128597. Notwithstanding any other law, the office may exempt from public disclosure any document in the possession of the office that pertains to a donation made pursuant to this article if the donor has requested anonymity. 128598. (a)The Governor may include in the annual budget proposal an amount, as he or she deems reasonable, to be appropriated to the office to be used as provided in this article. (b)If the Legislature appropriates money for purposes of this article, the money shall be appropriated to the office, which shall hold the money for distribution to the fund. (c)Funds appropriated to the office shall be paid into the fund, upon request of the panel, in an amount matching the amount deposited into the fund by the panel or by the foundation and office pursuant to subdivision (d) of Section 128595 for the purposes of this article. Any money that was appropriated to the office and that has not been distributed to the fund at the end of each fiscal year shall be returned to the General Fund. SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Article 7 (commencing with Section 128590) to Chapter 5 of Part 3 of Division 107 of the Health and Safety 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 need to protect individual privacy of donations made by a donor to fund new medical residency positions in underserved areas of the state outweighs the interest in the public disclosure of that information.
The Song-Brown Health Care Workforce Training Act creates a state medical contract program to increase the number of students and residents receiving quality education and training in specified primary care specialties or in nursing, and to maximize the delivery of primary care and family physician services to specific areas of California where there is a recognized unmet priority need for those services. The act requires the Director of Statewide Health Planning and Development to, among other things, contract with accredited medical schools, teaching health centers, training programs, hospitals, and other health care delivery systems for those purposes, based on recommendations of the California Healthcare Workforce Policy Commission and in conformity with the contract criteria and program standards established by the commission. This bill would appropriate $300,000,000 from the General Fund to the director for the purpose of funding new and existing graduate medical education physician residency positions, and supporting training faculty, pursuant to the act, for expenditure as specified. The bill would also make related findings and declarations. Existing law, the Song-Brown Health Care Workforce Training Act, declares the intent of the Legislature to increase the number of students and residents receiving quality education and training in the specialty of family practice and as primary care physician’s assistants and primary care nurse practitioners. Existing law establishes, for this purpose, a state medical contract program with accredited medical schools, programs that train primary care physician’s assistants, programs that train primary care nurse practitioners, registered nurses, hospitals, and other health care delivery systems. Existing law requires the Office of Statewide Health Planning and Development to establish the Health Professions Education Foundation to solicit and receive funds for the purpose of providing financial assistance in the form of scholarships or loans to medical students from underrepresented groups. Under existing law, the foundation also administers other programs for the advancement of health professions, including the Registered Nurse Education Program. This bill would establish the Medical Residency Training Advisory Panel, consisting of a total of 13 members to be appointed as specified, within the Health Professions Education Foundation. The bill would create the Medical Residency Training Fund in the State Treasury, a continuously appropriated fund, and would require the panel to solicit and accept funds from business, industry, foundations, and other private or public sources for the purpose of establishing and funding new graduate medical residency training programs in specified areas of the state, including medically underserved areas. By creating a continuously appropriated fund, the bill would make an appropriation. The bill would require the foundation to provide technical support and financial management for the panel and to approve and send panel recommendations for new residency programs to the Office of Statewide Health Planning and Development for implementation if specified requirements are met, including sufficient funding. The bill would require the office to enter into contracts with public and private sector institutions and other health agencies and organizations in order to fund and establish recommended residency positions. The bill would authorize the Governor to include in the annual budget proposal an amount, as he or she deems reasonable, to be appropriated for this purpose. The bill, if the Legislature appropriates money for this purpose, would require the office to hold the funds and distribute them into the fund, upon request of the panel, in an amount matching the amount deposited into the fund, as specified. The bill would require money that was appropriated, but that has not been distributed to the fund at the end of each fiscal year, to be returned to the General Fund. 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.
An act to add Article 7 (commencing with Section 128590) to Chapter 5 of Part 3 of Division 107 of the Health and Safety Code, relating to health care, and making an appropriation therefor.
The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Scientific research has demonstrated that young children living in deep poverty experience lifelong cognitive impairments limiting their ability to be prepared for, and succeed in, school. (b) Academic research has documented an increase in missed days of school and an increase in visits to hospital emergency rooms by children who live in deep poverty. (c) The Maximum Family Grant rule was adopted to limit the length of time a family could receive basic needs assistance, and to limit the amount of assistance a family could receive, through the Aid to Families with Dependent Children (AFDC) program before the implementation of welfare reform. At the time the rule was adopted, there was no limit on the length of time a family could receive aid, no work requirements, and the benefits provided were approximately 80 percent of the federal poverty level. (d) Since the implementation of the Maximum Family Grant rule, AFDC has been replaced with the California Work Opportunity and Responsibility to Kids Act (CalWORKs), which imposes lifetime limits on aid and requires adult CalWORKs participants to meet work requirements in order to receive a maximum benefit of approximately 40 percent of the federal poverty level. (e) The Maximum Family Grant rule makes poor children poorer, reducing the income of families with infants to below 30 percent of the federal poverty level. (f) This act is necessary to protect infants born to families receiving CalWORKs from experiencing lifelong cognitive impairments due to the toxic stress of deep poverty and to ready those children for participation in California’s public school system. (g) This act is also necessary to protect the reproductive and privacy rights of all applicants for, and recipients of, aid under CalWORKs. SEC. 2. Section 11270.5 is added to the Welfare and Institutions Code, immediately following Section 11270, to read: 11270.5. (a) An applicant for, or recipient of, aid under this chapter shall not be required, as a condition of eligibility, to do any of the following: (1) Divulge that any member of the assistance unit is a victim of rape or incest. (2) Share confidential medical records related to any member of the assistance unit’s rape or incest. (3) Use contraception, choose a particular method of contraception, or divulge the method of contraception that any member of the assistance unit uses. (b) An applicant for, or recipient of, aid under this chapter shall not be denied aid, nor denied an increase in the maximum aid payment, for a child born into the applicant’s or recipient’s family during a period in which the applicant’s or recipient’s family was receiving aid under this chapter. (c) An applicant for, or recipient of, aid under this chapter shall not be entitled to an increased benefit payment for any month prior to January 1, 2016, as a result of the repeal of former Section 11450.04 (as added by Section 1 of Chapter 196 of the Statutes of 1994) or the enactment of this section. SEC. 3. Section 11450.04 of the Welfare and Institutions Code is repealed. 11450.04. (a)For purposes of determining the maximum aid payment specified in subdivision (a) of Section 11450 and for no other purpose, the number of needy persons in the same family shall not be increased for any child born into a family that has received aid under this chapter continuously for the 10 months prior to the birth of the child. For purposes of this section, aid shall be considered continuous unless the family does not receive aid during two consecutive months. This subdivision shall not apply to applicants for, or recipients of, aid unless notification is provided pursuant to this section. (b)This section shall not apply with respect to any of the following children: (1)Any child who was conceived as a result of an act of rape, as defined in Sections 261 and 262 of the Penal Code, if the rape was reported to a law enforcement agency, medical or mental health professional or social services agency prior to, or within three months after, the birth of the child. (2)Any child who was conceived as a result of an incestuous relationship if the relationship was reported to a medical or mental health professional or a law enforcement agency or social services agency prior to, or within three months after, the birth of the child, or if paternity has been established. (3)Any child who was conceived as a result of contraceptive failure if the parent was using an intrauterine device, a Norplant, or the sterilization of either parent. (c)This section shall not apply to any child born on or before November 1, 1995. (d)(1)This section shall not apply to any child to whom it would otherwise apply if the family has not received aid for 24 consecutive months while the child was living with the family. (2)This section shall not apply to any child conceived when either parent was a nonneedy caretaker relative. (3)This section shall not apply to any child who is no longer living in the same home with either parent. (e)One hundred percent of any child support payment received for a child born into the family, but for whom the maximum aid payment is not increased pursuant to this section, shall be paid to the assistance unit. Any such child support payment shall not be considered as income to the family for the purpose of calculating the amount of aid for which the family is eligible under this article. (f)Commencing January 1, 1995, each county welfare department shall notify applicants for assistance under this chapter, in writing, of the provisions of this section. The notification shall also be provided to recipients of aid under this chapter, in writing, at the time of recertification, or sooner. The notification required by this section shall set forth the provisions of this section and shall state explicitly the impact these provisions would have on the future aid to the assistance unit. This section shall not apply to any recipient’s child earlier than 12 months after the mailing of an informational notice as required by this subdivision. (g)(1)The department shall seek all appropriate federal waivers for the implementation of this section. (2)The department shall implement this section commencing on the date the Director of Social Services executes a declaration, that shall be retained by the director, stating that the administrative actions required by paragraph (1) as a condition of implementation of this section have been taken by the United States Secretary of Health and Human Services. (h)Subdivisions (a) to (g), inclusive, shall become operative on January 1, 1995. SEC. 4. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for the purposes of 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.
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Under existing law, for purposes of determining a family’s maximum aid payment under the CalWORKs program, the number of needy persons in the same family is not increased for any child born into a family that has received aid under the CalWORKs program continuously for the 10 months prior to the birth of the child, with specified exceptions. This bill would repeal that exclusion for purposes of determining the family’s maximum aid payment and would expressly prohibit the denial of aid, or the denial of an increase in the maximum aid payment, if a child, on whose behalf aid or an increase in aid is being requested, was born into an applicant’s or recipient’s family while the applicant’s or recipient’s family was receiving aid under the CalWORKs program. The bill would specify that an applicant or recipient is not entitled to an increased benefit payment for any month prior to January 1, 2016, as a result of the repeal of that exclusion or the enactment of that express prohibition. The bill would also prohibit the department from conditioning an applicant’s or recipient’s eligibility for aid on the applicant’s or recipient’s disclosure of information regarding rape, incest, or contraception, as specified, or the applicant’s or recipient’s use of contraception. Existing law continuously appropriates moneys from the General Fund to defray a portion of county aid grant costs under the CalWORKs program. This bill would declare that no appropriation would be made for purposes of the bill. To the extent that this bill affects eligibility under the CalWORKs program, the bill would 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, 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.
An act to add Section 11270.5 to, and to repeal Section 11450.04 of, the Welfare and Institutions Code, relating to CalWORKs.
The people of the State of California do enact as follows: SECTION 1. Section 7522.02 of the Government Code is amended to read: 7522.02. (a) (1) Notwithstanding any other law, except as provided in this article, on and after January 1, 2013, this article shall apply to all state and local public retirement systems and to their participating employers, including the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Legislators’ Retirement System, the Judges’ Retirement System, the Judges’ Retirement System II, county and district retirement systems created pursuant to the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3), independent public retirement systems, and to individual retirement plans offered by public employers. However, this article shall be subject to the Internal Revenue Code and Section 17 of Article XVI of the California Constitution. The administration of the requirements of this article shall comply with applicable provisions of the Internal Revenue Code and the Revenue and Taxation Code. (2) Notwithstanding paragraph (1), this article shall not apply to the entities described in Section 9 of Article IX of, and Sections 4 and 5 of Article XI of, the California Constitution, except to the extent that these entities continue to be participating employers in any retirement system governed by state statute. Accordingly, any retirement plan approved before January 1, 2013, by the voters of any entity excluded from coverage by this section shall not be affected by this article. (3) (A) Notwithstanding paragraph (1), this article shall not apply to a public employee whose interests are protected under Section 5333(b) of Title 49 of the United States Code until a federal district court rules that the United States Secretary of Labor, or his or her designee, erred in determining that the application of this article precludes certification under that section, or until January 1, 2016, whichever is sooner. (B) If a federal district court upholds the determination of the United States Secretary of Labor, or his or her designee, that application of this article precludes him or her from providing a certification under Section 5333(b) of Title 49 of the United States Code, this article shall not apply to a public employee specified in subparagraph (A). (4) Notwithstanding paragraph (1), this article shall not apply to a multiemployer plan authorized by Section 302(c)(5) of the federal Taft-Hartley Act (29 U.S.C. Sec. 186(c)(5)) if the public employer began participation in that plan prior to January 1, 2013, and the plan is regulated by the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.). (b) The benefit plan required by this article shall apply to public employees who are new members as defined in Section 7522.04. (c) (1) Individuals who were employed by any public employer before January 1, 2013, and who became employed by a subsequent public employer for the first time on or after January 1, 2013, shall be subject to the retirement plan that would have been available to employees of the subsequent employer who were first employed by the subsequent employer on or before December 31, 2012, if the individual was subject to concurrent membership for which creditable service was performed in the previous six months or reciprocity established under any of the following provisions: (A) Article 5 (commencing with Section 20350) of Chapter 3 of Part 3 of Division 5 of Title 2. (B) Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3. (C) Any agreement between public retirement systems to provide reciprocity to members of the systems. (D) Section 22115.2 of the Education Code. (2) An individual who was employed before January 1, 2013, and who, without a separation from employment, changed employment positions and became subject to a different defined benefit plan in a different public retirement system offered by his or her employer shall be subject to that defined benefit plan as it would have been available to employees who were first employed on or before December 31, 2012. (d) If a public employer, before January 1, 2013, offers a defined benefit pension plan that provides a defined benefit formula with a lower benefit factor at normal retirement age and results in a lower normal cost than the defined benefit formula required by this article, that employer may continue to offer that defined benefit formula instead of the defined benefit formula required by this article, and shall not be subject to the requirements of Section 7522.10 for pensionable compensation subject to that formula. However, if the employer adopts a new defined benefit formula on or after January 1, 2013, that formula must conform to the requirements of this article or must be determined and certified by the retirement system’s chief actuary and the retirement board to have no greater risk and no greater cost to the employer than the defined benefit formula required by this article and must be approved by the Legislature. New members of the defined benefit plan may only participate in the lower cost defined benefit formula that was in place before January 1, 2013, or a defined benefit formula that conforms to the requirements of this article or is approved by the Legislature as provided in this subdivision. (e) If a public employer, before January 1, 2013, offers a retirement benefit plan that consists solely of a defined contribution plan, that employer may continue to offer that plan instead of the defined benefit pension plan required by this article. However, if the employer adopts a new defined benefit pension plan or defined benefit formula on or after January 1, 2013, that plan or formula must conform to the requirements of this article or must be determined and certified by the retirement system’s chief actuary and the system’s board to have no greater risk and no greater cost to the employer than the defined benefit formula required by this article and must be approved by the Legislature. New members of the employer’s plan may only participate in the defined contribution plan that was in place before January 1, 2013, or a defined contribution plan or defined benefit formula that conforms to the requirements of this article. This subdivision shall not be construed to prohibit an employer from offering a defined contribution plan on or after January 1, 2013, either with or without a defined benefit plan, whether or not the employer offered a defined contribution plan prior to that date. (f) (1) If, on or after January 1, 2013, the Cities of Brea and Fullerton form a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5), that joint powers authority may provide employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power, to which the employee is associated, by the joint powers authority to any employee of the City of Brea, the City of Fullerton, or a city described in paragraph (2) who is not a new member and subsequently is employed by the joint powers authority within 180 days of the city providing for the exercise of a common power, to which the employee was associated, by the joint powers authority. (2) On or before January 1, 2017, a city in Orange County that is contiguous to the City of Brea or the City of Fullerton may join the joint powers authority described in paragraph (1) but not more than three cities shall be permitted to join. (3) The formation of a joint powers authority on or after January 1, 2013, shall not act in a manner as to exempt a new employee or a new member, as defined by Section 7522.04, from the requirements of this article. New members may only participate in a defined benefit plan or formula that conforms to the requirements of this article. (g) (1) If, on or after January 1, 2013, the Belmont Fire Protection District, the Estero Municipal Improvement District, and the City of San Mateo form a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5), that joint powers authority may provide employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power, to which the employee is associated, by the joint powers authority to any employee of the Belmont Fire Protection District, the Estero Municipal Improvement District, and the City of San Mateo who is not a new member and subsequently is employed by the joint powers authority within 180 days of the agency providing for the exercise of a common power, to which the employee was associated, by the joint powers authority. (2) The formation of a joint powers authority on or after January 1, 2013, shall not act in a manner as to exempt a new employee or a new member, as defined by Section 7522.04, from the requirements of this article. New members may only participate in a defined benefit plan or formula that conforms to the requirements of this article. (h) The Judges’ Retirement System and the Judges’ Retirement System II shall not be required to adopt the defined benefit formula required by Section 7522.20 or 7522.25 or the compensation limitations defined in Section 7522.10. (i) This article shall not be construed to provide membership in any public retirement system for an individual who would not otherwise be eligible for membership under that system’s applicable rules or laws. (j) On and after January 1, 2013, each public retirement system shall modify its plan or plans to comply with the requirements of this article and may adopt regulations or resolutions for this purpose. 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 need to clarify the benefit eligibility rules under the California Public Employees’ Pension Reform Act of 2013 and maintain the integrity of that act and further its purpose.
The California Public Employees’ Pension Reform Act of 2013 (PEPRA) requires a public retirement system, as defined, to modify its plan or plans to comply with the act and, among other provisions, establishes new retirement formulas that may not be exceeded by a public employer offering a defined benefit pension plan for employees first hired on or after January 1, 2013. Existing law, the Joint Exercise of Powers Act, generally authorizes 2 or more public agencies, by agreement, to jointly exercise any common power, which may include hiring employees and establishing retirement systems. PEPRA authorizes a joint powers authority formed by the Cities of Brea and Fullerton on or after January 1, 2013, to provide its employees the defined benefit plan or formula that those employees received from their respective employers prior to the exercise of a common power, to which the employee is associated, by the joint powers authority to any employee of specified cities who is not a new member and subsequently is employed by the joint powers authority within 180 days of the city providing for the exercise of a common power, to which the employee was associated, by the joint powers authority. This bill would authorize a joint powers authority formed by the Belmont Fire Protection District, the Estero Municipal Improvement District, and the City of San Mateo on or after January 1, 2013, to provide employees who are not new members under PEPRA with the defined benefit plan or formula that was received by those employees from their respective employers on December 31, 2012, if they are employed by the joint powers authority within 180 days of the agency providing for the exercise of a common power, to which the employee was associated, by the joint powers authority. The bill would prohibit the formation of a joint powers authority on or after January 1, 2013, in a manner that would exempt a new employee or a new member from the requirements of PEPRA. This bill would make legislative findings and declarations as to the necessity of a special statute for the Belmont Fire Protection District, the Estero Municipal Improvement District, and the City of San Mateo.
An act to amend Section 7522.02 of the Government Code, relating to public employees’ retirement.
The people of the State of California do enact as follows: SECTION 1. Chapter 4.5 (commencing with Section 14400) is added to Division 7 of the Food and Agricultural Code, to read: CHAPTER 4.5. Livestock: Use of Antimicrobial Drugs 14400. For purposes of this chapter, the following definitions apply: (a) “Medically important antimicrobial drug” means an antimicrobial drug listed in Appendix A of the federal Food and Drug Administration’s Guidance for Industry #152, including critically important, highly important, and important antimicrobial drugs, as that appendix may be amended. (b) “Livestock” means all animals and poultry, including aquatic and amphibian species, that are raised, kept, or used for profit. Livestock does not include bees or those species that are usually kept as pets, such as dogs, cats, and pet birds. (c) “Veterinary feed directive” has the same definition as in Section 558.3 of Title 21 of the Code of Federal Regulations. 14401. Beginning January 1, 2018, a medically important antimicrobial drug shall not be administered to livestock unless ordered by a licensed veterinarian through a prescription or veterinary feed directive, pursuant to a veterinarian-client-patient relationship that meets the requirements of Section 2032.1 of Title 16 of the California Code of Regulations. 14402. (a) Beginning January 1, 2018, a medically important antimicrobial drug may be used when, in the professional judgment of a licensed veterinarian, the medically important antimicrobial drug is any of the following: (1) Necessary to treat a disease or infection. (2) Necessary to control the spread of a disease or infection. (3) Necessary in relation to surgery or a medical procedure. (b) A medically important antimicrobial drug may also be used when, in the professional judgment of a licensed veterinarian, it is needed for prophylaxis to address an elevated risk of contraction of a particular disease or infection. (c) A person shall not administer a medically important antimicrobial drug to livestock solely for purposes of promoting weight gain or improving feed efficiency. (d) Unless the administration is consistent with subdivision (a), a person shall not administer a medically important antimicrobial drug in a regular pattern. 14403. (a) Notwithstanding Sections 14401 and 14402 of this code and Article 15 (commencing with Section 4196) of Chapter 9 of Division 2 of the Business and Professions Code, medically important antimicrobial drugs may be sold by retailers licensed pursuant to Article 5 (commencing with Section 14321) of Chapter 4 of Division 7 with a prescription or veterinary feed directive from a licensed veterinarian. (b) This section shall not be construed to invalidate the requirement to obtain a prescription or veterinary feed directive to administer a medically important antimicrobial drug as required by Section 14401. (c) The department may promulgate regulations to implement this section. 14404. (a) The department, in consultation with the Veterinary Medical Board, the State Department of Public Health, universities, and cooperative extensions, shall develop antimicrobial stewardship guidelines and best management practices for veterinarians, as well as livestock owners and their employees who are involved with administering medically important antimicrobial drugs, on the proper use of medically important antimicrobial drugs for disease treatment, control, and prevention. The guidelines shall include scientifically validated practical alternatives to the use of medically important antimicrobial drugs, including, but not limited to, the introduction of effective vaccines and good hygiene and management practices. (b) The department shall consult with livestock producers, licensed veterinarians, and any other relevant stakeholders on ensuring livestock timely access to treatment for producers in rural areas with limited access to veterinary care. (c) For purposes of this section, “antimicrobial stewardship” is a commitment to do all of the following: (1) To use medically important antimicrobial drugs only when necessary to treat, control, and, in some cases, prevent, disease. (2) To select the appropriate medically important antimicrobial drug and the appropriate dose, duration, and route of administration. (3) To use medically important antimicrobial drugs for the shortest duration necessary and to administer them to the fewest animals necessary. 14405. (a) It is the intent of the Legislature that the department coordinate with the United States Department of Agriculture, the federal Food and Drug Administration, and the federal Centers for Disease Control and Prevention to implement the expanded antimicrobial resistance surveillance efforts included in the National Action Plan for Combating Antibiotic-Resistant Bacteria, and that the information gathered through this effort will help lead to a better understanding of the links between antimicrobial use patterns in livestock and the development of antimicrobial resistant bacterial infections. (b) (1) The department shall gather information on medically important antimicrobial drug sales and usage, as well as antimicrobial resistant bacteria and livestock management practice data. Monitoring efforts shall not be duplicative of the National Animal Health Monitoring System and the National Antimicrobial Resistance Monitoring System, and, to the extent feasible, the department shall coordinate with the United States Department of Agriculture, the federal Centers for Disease Control and Prevention, and the federal Food and Drug Administration in the development of these efforts. (2) In coordinating with the National Animal Health Monitoring System and the National Antimicrobial Resistant Monitoring System, the department shall gather representative samples from all of the following: (A) California’s major livestock segments. (B) Regions with considerable livestock production. (C) Representative segments of the food production chain. (c) The department shall work with willing participants to gather samples and shall consult with, and conduct outreach to, livestock producers, licensed veterinarians, and any other relevant stakeholders on the implementation of the monitoring efforts. Participation in this effort shall be done in a manner that does not breach veterinary-client-patient confidentiality laws. (d) (1) The department shall report to the Legislature by January 1, 2019, the results of its outreach activities and monitoring efforts. The department shall advise the Legislature as to whether or not participation is sufficient to provide statistically relevant data. The report shall be submitted in compliance with Section 9795 of the Government Code. (2) This subdivision is inoperative on January 1, 2023, pursuant to Section 10231.5 of the Government Code. (e) The department shall seek funds from federal, state, and other sources to implement this section. (f) The department may promulgate regulations to implement this section. 14406. The department has the authority to request and receive copies of veterinary feed directives from the livestock owner, veterinarian, or distributor to fully implement the provisions of this chapter. 14407. Notwithstanding the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), any information provided pursuant to this chapter and Section 14902.5, if that section is added by Senate Bill 770 of the 2015–16 Regular Session of the Legislature, shall be held confidential, and shall not be disclosed to any person or governmental agency, other than the department or the Veterinary Medical Board, for the purposes of enforcing the Veterinary Medicine Practice Act (Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code), unless the data is aggregated to prevent the identification of an individual farm or business. Information may be shared with federal agencies so long as it is protected by the federal Confidential Information Protection and Statistical Efficiency Act of 2002 (Public Law 107-347). 14408. (a) A person who violates this chapter shall be liable for a civil penalty of not more than two hundred and fifty dollars ($250) for each day a violation occurs. (b) (1) For a second or subsequent violation, a person who violates this chapter shall be punishable by an administrative fine, levied by the secretary, in the amount of five hundred dollars ($500) for each day a violation occurs. (2) In addition to the administrative fine, the violator shall attend an educational program on the judicious use of medically important antimicrobial drugs that has been approved by the secretary. The violator shall successfully complete the program and provide proof to the secretary within 90 days from the occurrence of the violation. (c) Subdivisions (a) and (b) do not apply to licensed veterinarians. If the Veterinary Medical Board determines that a veterinarian is in violation of the Veterinary Medicine Practice Act (Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code), the veterinarian may be subject to disciplinary sanctions pursuant to the act. (d) The moneys collected pursuant to this article shall be deposited into the Department of Food and Agriculture Fund and shall be available for expenditure upon appropriation by the Legislature. SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 14407 to the Food and Agricultural 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: In order to ensure the confidentiality of the information collected pursuant to this act and the integrity of that information for regulatory and enforcement purposes, it is necessary that this act take effect.
(1) Existing law regulates the distribution and use of livestock drugs, as defined, by the Secretary of Food and Agriculture. Existing law also requires a person to obtain a license from the secretary to manufacture, sell, distribute, or store commercial feed, including commercial feed containing drugs. This bill would, beginning January 1, 2018, prohibit the administration of medically important antimicrobial drugs, as defined, to livestock unless ordered by a licensed veterinarian through a prescription or veterinary feed directive pursuant to a veterinarian-client-patient relationship, as specified, and would prohibit the administration of a medically important antimicrobial drug to livestock solely for purposes of promoting weight gain or improving feed efficiency. The bill would require the Department of Food and Agriculture, in consultation with the Veterinary Medical Board, the State Department of Public Health, universities, and cooperative extensions, to develop antimicrobial stewardship guidelines and best management practices on the proper use of medically important antimicrobial drugs and would require the department to gather information on medically important antimicrobial drug sales and usage, antimicrobial resistant bacteria, and livestock management practice data. The bill would require information provided pursuant to those provisions to be held confidential, as specified. The bill would authorize the department to request and receive copies of veterinary feed directives from certain persons to implement the bill’s provisions. The bill would make a first violation of the bill’s provisions subject to a civil penalty of up to $250 for each day a violation occurs, and would make second and subsequent violations subject to an administrative fine of $500 for each day a violation occurs, except as specified. (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.
An act to add Chapter 4.5 (commencing with Section 14400) to Division 7 of the Food and Agricultural Code, relating to livestock.
The people of the State of California do enact as follows: SECTION 1. Section 13515.28 is added to the Penal Code, to read: 13515.28. (a) (1) The commission shall require the field training officers who provide instruction in the field training program to have at least eight hours of crisis intervention behavioral health training to better train new peace officers on how to effectively interact with persons with mental illness or intellectual disability. This course shall include classroom instruction and instructor-led active learning, such as scenario-based training, and shall be taught in segments that are at least four hours long. (2) If a field training officer has completed eight hours of crisis intervention behavioral health training within the past 24 months, or if a field training officer has completed 40 hours of crisis intervention behavioral health training, the requirement described in paragraph (1) shall not apply. (b) The crisis intervention behavioral health training shall address issues relating to stigma, shall be culturally relevant and appropriate, and shall include all of the following topics: (1) The cause and nature of mental illnesses and intellectual disabilities. (2) (A) How to identify indicators of mental illness, intellectual disability, and substance use disorders. (B) How to distinguish between mental illness, intellectual disability, and substance use disorders. (C) How to respond appropriately in a variety of situations involving persons with mental illness, intellectual disability, and substance use disorders. (3) Conflict resolution and deescalation techniques for potentially dangerous situations. (4) Appropriate language usage when interacting with potentially emotionally distressed persons. (5) Community and state resources available to serve persons with mental illness or intellectual disability, and how these resources can be best utilized by law enforcement. (6) The perspective of individuals or families who have experiences with persons with mental illness, intellectual disability, and substance use disorders. (c) Field training officers assigned or appointed before January 1, 2017, shall complete the crisis intervention behavioral health training by June 30, 2017. Field training officers assigned or appointed on or after January 1, 2017, shall complete the crisis intervention behavioral health training within 180 days of assignment or appointment. (d) This section does not prevent an agency from requiring its field training officers to complete additional hours of crisis intervention behavioral health training or requiring its field training officers to complete that training earlier than as required by this section. SEC. 2. Section 13515.29 is added to the Penal Code, to read: 13515.29. (a) The commission shall establish and keep updated a field training officer course relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability. (b) This course shall consist of at least four hours of classroom instruction and instructor-led active learning, such as scenario-based training, shall address issues related to stigma, and shall be culturally relevant and appropriate. (c) All prospective field training officers shall complete the course described in subdivisions (a) and (b) as part of the existing field training officer program. (d) The commission shall implement the provisions of this section on or before August 1, 2016. SEC. 3. Section 13515.295 is added to the Penal Code, to read: 13515.295. (a) The commission shall, by May 1, 2016, conduct a review and evaluation of the required competencies of the field training program and police training program to identify areas where additional training is necessary to better prepare law enforcement officers to effectively address incidents involving persons with a mental illness or intellectual disability. (b) Upon identifying what additional training is needed, the commission shall update the training in consultation with appropriate community, local, and state organizations, and agencies that have expertise in the area of mental illness, intellectual disabilities, and substance abuse disorders, and with appropriate consumer and family advocate groups. (c) The training shall address issues related to stigma, shall be culturally relevant and appropriate, and shall include all of the following topics: (1) How to identify indicators of mental illness, intellectual disability, substance use disorders, neurological disorders, traumatic brain injury, post-traumatic stress disorder, and dementia. (2) Autism spectrum disorder. (3) Genetic disorders, including, but not limited to, Down syndrome. (4) Conflict resolution and deescalation techniques for potentially dangerous situations. (5) Alternatives to the use of force when interacting with potentially dangerous persons with mental illness or intellectual disabilities. (6) The perspective of individuals or families who have experiences with persons with mental illness, intellectual disability, and substance use disorders. (7) Involuntary holds. (8) Community and state resources available to serve persons with mental illness or intellectual disability, and how these resources can be best utilized by law enforcement. 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 requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training (POST). Existing law requires POST to include in its basic training course adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Existing law also requires POST to establish and keep updated a continuing education classroom training course relating to law enforcement interaction with developmentally disabled and mentally ill persons. This bill would require POST to require field training officers who are instructors for the field training program to have at least 8 hours of crisis intervention behavioral health training, as specified. The bill would also require POST to require as part of its existing field training officer course, at least 4 hours of training relating to competencies of the field training program and police training program that addresses how to interact with persons with mental illness or intellectual disability, to be completed as specified. By requiring local law enforcement field training officers to have at least 8 additional hours of training and imposing additional training costs on local law enforcement agencies, 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, 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.
An act to add Sections 13515.28, 13515.29, and 13515.295 to the Penal Code, relating to peace officer training standards.
The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares all of the following: (1) Existing federal law (42 U.S.C. Sec. 1396p) requires state Medicaid programs to seek reimbursement from the estates of deceased Medicaid beneficiaries, or from any recipient of the decedent’s property by distribution or survival, for Medicaid paid services received on or after 55 years of age, unless specific exemptions or other limitations apply. (2) Federal law requires states to collect for long-term services and supports for individuals 55 years of age or older, and gives states the option to collect for other health care services. (3) Federal law permits states to collect from the surviving spouse of a Medi-Cal beneficiary, but does not require collection upon the passing of a spouse of a deceased Medi-Cal beneficiary. (4) Federal law defines “estate” for purposes of estate recovery to include all real and personal property and other assets included within the individual’s estate, as defined for purposes of state probate law, and permits states to have a broader definition of estate. (5) The State Medicaid Manual allows states to establish an undue hardship exemption from estate recovery for a homestead of “modest value,” defined as a home valued at 50 percent or less of the average price of homes in the county where the homestead is located as of the date of the beneficiary’s death. (6) Estate recovery is unfair to low-income individuals who need Medi-Cal for basic health care coverage, is a deterrent to signing individuals up for Medi-Cal, and is counter to both state and federal efforts to enroll individuals into health care coverage. (7) By recovering for health care services beyond what is required by federal law, California forces low-income individuals 55 years of age or older to choose between signing up for basic health care services and passing on their home and other limited assets they possess to their children. (8) California’s estate recovery program undermines the idea of Medi-Cal as a health care entitlement program by essentially turning Medi-Cal coverage for basic medical services into a loan program, with collection taking place at death. (9) Estate recovery unfairly places part of the burden of financing the cost of health care in Medi-Cal on the estates of deceased Medi-Cal beneficiaries with limited assets. (10) Estate recovery is inequitable as other social and health care programs, such as tax-subsidized coverage through the California Health Benefit Exchange, commonly referred to as Covered California, and the broadly financed federal Medicare program, do not have estate recovery. (11) California does not adequately inform individuals on how to obtain information on the amounts that will be collected from their estate, and charges individuals $25 to find out how much Medi-Cal has spent on their behalf. (b) It is the intent of the Legislature, with the enactment of this act, to do all of the following: (1) Limit Medi-Cal estate recovery to only those services required to be collected for under federal law. (2) Limit the definition of “estate” to include only the real and personal property and other assets required to be included within the definition of “estate” under federal law. (3) Require the State Department of Health Care Services to implement the option in the State Medicaid Manual to waive its claim, as a substantial hardship, when the estate, subject to recovery, is a homestead of modest value. (4) Prohibit recovery from the surviving spouse of a deceased Medi-Cal beneficiary. (5) Ensure that Medi-Cal beneficiaries can easily and timely receive information about how much their estate will owe Medi-Cal when they die. SEC. 2. Section 14009.5 of the Welfare and Institutions Code is amended to read: 14009.5. (a) Notwithstanding any other provision of this chapter, the department shall claim against the estate of the decedent, or against any recipient of the property of that decedent by distribution an amount equal to the payments for the health care services received or the value of the property received by any recipient from the decedent by distribution, whichever is less, only in either of the following circumstances: (1) Notwithstanding paragraph (2), against the real property of a decedent who was an inpatient in a nursing facility in accordance with Section 1396p(b)(1)(A) of Title 42 of the United States Code. (2) (A) The decedent was 55 years of age or older when the individual received health care services. (B) The department shall not claim under this paragraph when there is any of the following: (i) A surviving spouse. (ii) A surviving child who is under 21 years of age. (iii) A surviving child who is blind or permanently and totally disabled, within the meaning of Section 1614 of the federal Social Security Act (42 U.S.C. Sec. 1382c). (b) (1) The department shall waive its claim, in whole or in part, if it determines that enforcement of the claim would result in substantial hardship to other dependents, heirs, or survivors of the individual against whose estate the claim exists. (2) In determining the existence of substantial hardship, in addition to other factors considered by the department consistent with federal law and guidance, the department shall waive its claim when the estate subject to recovery is a homestead of modest value. (3) The department shall notify individuals of the waiver provision and the opportunity for a hearing to establish that a waiver should be granted. (c) If the department proposes and accepts a voluntary postdeath lien, the voluntary postdeath lien shall accrue interest at the rate equal to the monthly average received annual average rate earned on investments in the Surplus Money Investment Fund in the calendar year preceding the year in which the decedent died or simple interest at 7 percent per annum, whichever is lower. (d) (1) The department shall provide a current or former beneficiary, or his or her authorized representative designated under Section 14014.5, upon request, with the total amount of Medi-Cal expenses that have been paid on behalf of that beneficiary that would be recoverable under this section. (2) A current or former beneficiary, or his or her authorized representative designated under Section 14014.5, shall receive, upon request, a copy of the information requested pursuant to this subdivision once per calendar year for a reasonable fee not to exceed five dollars ($5) if the current or former beneficiary meets either of the following descriptions: (A) An individual who is 55 years of age or older when the individual received health care services. (B) A permanently institutionalized individual who is an inpatient in a nursing facility, intermediate care facility for the intellectually disabled, or other medical institution. (3) The department shall permit a beneficiary to request the information described in paragraph (1) through the Internet, by telephone, by mail, or through other commonly available electronic means. (4) The department shall conspicuously post on its Internet Web site, a description of the methods by which a request under this subdivision may be made, including, but not limited to, the department’s telephone number and any addresses that may be used for this purpose. The department shall also include this information in its pamphlet for the Medi-Cal Estate Recovery Program and any other notices the department distributes to beneficiaries regarding estate recovery. (5) Upon receiving a request for the information described in paragraph (1), the department shall provide the information requested within 90 days after receipt of the request. (e) The following definitions shall govern the construction of this section: (1) “Decedent” means a beneficiary who has received health care under this chapter or Chapter 8 (commencing with Section 14200) and who has died leaving property to others either through distribution or survival. distribution. (2) “Dependents” includes, but is not limited to, immediate family or blood relatives of the decedent. (3) “Estate” means all real and personal property and other assets that are required to be subject to a claim for recovery pursuant to Section 1396p(b)(4)(A) of Title 42 of the United States Code. “Estate” shall not include any other real and personal property or other assets in which the individual had any legal title or interest at the time of death, to the extent of that interest, consistent with Section 1396p(b)(4)(B) of Title 42 of the United States Code. (4) “Health care services” means only those services required to be recovered under Section 1396p(b)(1)(B)(i) of Title 42 of the United States Code. (5) “Homestead of modest value” means a home whose fair market value is 50 percent or less of the average price of homes in the county where the homestead is located, as of the date of the decedent’s death. (f) The amendments made to this section by the act that added this subdivision shall apply only to individuals who die on or after January 1, 2016.
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 persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Existing federal law requires the state to seek adjustment or recovery from an individual’s estate for specified medical assistance, including nursing facility services, home and community-based services, and related hospital and prescription drug services, if the individual was 55 years of age or older when he or she received the medical assistance. Existing federal law allows the state, at its own option, to seek recovery for any items or services covered under the state’s Medicaid plan. Existing state law, with certain exceptions, requires the department to claim against the estate of a decedent, or against any recipient of the property of that decedent by distribution or survival, an amount equal to the payments for Medi-Cal services received or the value of the property received by any recipient from the decedent by distribution or survival, whichever is less. Existing law provides for certain exemptions that restrict the department from filing a claim against a decedent’s property, including when there is a surviving spouse during his or her lifetime. Existing law requires the department, however, to make a claim upon the death of the surviving spouse, as prescribed. Existing law requires the department to waive its claim, in whole or in part, if it determines that enforcement of the claim would result in a substantial hardship, as specified. Existing law, which has been held invalid by existing case law, provides that the exemptions shall only apply to the proportionate share of the decedent’s estate or property that passes to those recipients, by survival or distribution, who qualify for the exemptions. This bill would instead require the department to make these claims only in specified circumstances for those health care services that the state is required to recover under federal law, and would define health care services for these purposes. The bill would limit any claims against the estate of a decedent to only the real and personal property or other assets the state is required to seek recovery from under federal law. The bill would delete the proportionate share provision and would delete the requirement that the department make a claim upon the death of the surviving spouse. The bill would require the department to waive its claim when the estate subject to recovery is a homestead of modest value, as defined. The bill would limit the amount of interest that is entitled to accrue on a voluntary postdeath lien, as specified. The bill would also require the department to provide a current or former beneficiary, or his or her authorized representative, upon request, with the total amount of Medi-Cal expenses that have been paid on his or her behalf that would be recoverable under these provisions, as specified. The bill would apply the changes made by these provisions only to individuals who die on or after January 1, 2016.
An act to amend Section 14009.5 of the Welfare and Institutions Code, relating to Medi-Cal.
The people of the State of California do enact as follows: SECTION 1. Section 5205.5 of the Vehicle Code is amended to read: 5205.5. (a) For purposes of implementing Section 21655.9, the department shall make available for issuance, for a fee determined by the department to be sufficient to reimburse the department for the actual costs incurred pursuant to this section, distinctive decals, labels, and other identifiers that clearly distinguish the following vehicles from other vehicles: (1) A vehicle that meets California’s super ultra-low emission vehicle (SULEV) standard for exhaust emissions and the federal inherently low-emission vehicle (ILEV) evaporative emission standard, as defined in Part 88 (commencing with Section 88.101-94) of Title 40 of the Code of Federal Regulations. (2) A vehicle that was produced during the 2004 model-year or earlier and meets California’s ultra-low emission vehicle (ULEV) standard for exhaust emissions and the federal ILEV standard. (3) A vehicle that meets California’s enhanced advanced technology partial zero-emission vehicle (enhanced AT PZEV) standard or transitional zero-emission vehicle (TZEV) standard. (b) The department shall include a summary of the provisions of this section on each motor vehicle registration renewal notice, or on a separate insert, if space is available and the summary can be included without incurring additional printing or postage costs. (c) The Department of Transportation shall remove individual HOV lanes, or portions of those lanes, during periods of peak congestion from the access provisions provided in subdivision (a), following a finding by the Department of Transportation as follows: (1) The lane, or portion thereof, exceeds a level of service C, as discussed in subdivision (b) of Section 65089 of the Government Code. (2) The operation or projected operation of the vehicles described in subdivision (a) in these lanes, or portions thereof, will significantly increase congestion. (3) The finding shall also demonstrate the infeasibility of alleviating the congestion by other means, including, but not limited to, reducing the use of the lane by noneligible vehicles or further increasing vehicle occupancy. (d) The State Air Resources Board shall publish and maintain a listing of all vehicles eligible for participation in the programs described in this section. The board shall provide that listing to the department. (e) (1) For purposes of subdivision (a), the Department of the California Highway Patrol and the department, in consultation with the Department of Transportation, shall design and specify the placement of the decal, label, or other identifier on the vehicle. Each decal, label, or other identifier issued for a vehicle shall display a unique number, which number shall be printed on, or affixed to, the vehicle registration. (2) Decals, labels, or other identifiers designed pursuant to this subdivision for a vehicle described in paragraph (3) of subdivision (a) shall be distinguishable from the decals, labels, or other identifiers that are designed for vehicles described in paragraphs (1) and (2) of subdivision (a). (f) (1) Except as provided in paragraph (2), for purposes of paragraph (3) of subdivision (a), the department shall issue no more than _____ 85,000 distinctive decals, labels, or other identifiers that clearly distinguish a vehicle specified in paragraph (3) of subdivision (a). (2) The department may issue a decal, label, or other identifier for a vehicle that satisfies all of the following conditions: (A) The vehicle is of a type identified in paragraph (3) of subdivision (a). (B) The owner of the vehicle is the owner of a vehicle for which a decal, label, or other identifier described in paragraph (1) was previously issued and that vehicle for which the decal, label, or other identifier was previously issued is determined by the department, on the basis of satisfactory proof submitted by the owner to the department, to be a nonrepairable vehicle or a total loss salvage vehicle. (C) The owner of the vehicle applied for a decal, label, or other identifier pursuant to this paragraph within six months of the date on which the vehicle for which a decal, label, or other identifier was previously issued is declared to be a nonrepairable vehicle or a total loss salvage vehicle. (g) If the Metropolitan Transportation Commission, serving as the Bay Area Toll Authority, grants toll-free and reduced-rate passage on toll bridges under its jurisdiction to a vehicle pursuant to Section 30102.5 of the Streets and Highways Code, it shall also grant the same toll-free and reduced-rate passage to a vehicle displaying an identifier issued by the department pursuant to paragraph (1) or (2) of subdivision (a). (h) (1) Notwithstanding Section 21655.9, and except as provided in paragraph (2), a vehicle described in subdivision (a) that displays a decal, label, or identifier issued pursuant to this section shall be granted a toll-free or reduced-rate passage in high-occupancy toll lanes as described in Section 149.7 of the Streets and Highways Code unless prohibited by federal law. (2) (A) Paragraph (1) does not apply to the imposition of a toll imposed for passage on a toll road or toll highway, that is not a high-occupancy toll lane as described in Section 149.7 of the Streets and Highways Code. (B) On or before March 1, 2014, paragraph (1) does not apply to the imposition of a toll imposed for passage in lanes designated for tolls pursuant to the federally supported value pricing and transit development demonstration program operated pursuant to Section 149.9 of the Streets and Highways Code for State Highway Route 10 or 110. (C) Paragraph (1) does not apply to the imposition of a toll charged for crossing a state-owned bridge. (i) If the Director of Transportation determines that federal law does not authorize the state to allow vehicles that are identified by distinctive decals, labels, or other identifiers on vehicles described in subdivision (a) to use highway lanes or highway access ramps for high-occupancy vehicles regardless of vehicle occupancy, the Director of Transportation shall submit a notice of that determination to the Secretary of State. (j) This section shall become inoperative on January 1, 2019, or the date the federal authorization pursuant to Section 166 of Title 23 of the United States Code expires, or the date the Secretary of State receives the notice described in subdivision (i), whichever occurs first, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 2. 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, at the earliest possible time, that new owners of certain qualifying clean alternative fuel vehicles will be eligible for participation in the program, and to provide long-term incentives for consumers of clean alternative fuel vehicles, it is necessary that this act take effect immediately.
Existing federal law, until September 30, 2017, authorizes a state to allow specified labeled vehicles to use lanes designated for high-occupancy vehicles (HOVs). Existing law authorizes the Department of Transportation to designate certain lanes for the exclusive use of HOVs. Under existing law, until January 1, 2019, or until federal authorization expires, or until the Secretary of State receives a specified notice, those lanes may be used by certain vehicles not carrying the requisite number of passengers otherwise required for the use of an HOV lane, if the vehicle displays a valid identifier issued by the Department of Motor Vehicles (DMV). Until January 1, 2015, existing law authorizes the DMV to issue no more than 55,000 of those identifiers. On and after January 1, 2015, existing Existing law authorizes the DMV to issue no more than 70,000 of those identifiers. This bill would increase the number of those identifiers that the DMV is authorized to issue to an unspecified amount. 85,000. This bill would declare that it is to take effect immediately as an urgency statute.
An act to amend Section 5205.5 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately.
The people of the State of California do enact as follows: SECTION 1. This act is known, and may be cited as, The 2024 Olympic Games and Paralympic Games Act. SEC. 2. For purposes of this act: (a) “Applicant committee agreement” means agreements to be entered into between the Organizing Committee for the Olympic Games (OCOG) and the United States Olympic Committee (USOC) if, and upon, the USOC’s selection of the City of Los Angeles or the City and County of San Francisco as the official United States candidate city. (b) “Bid committee agreement” means agreements entered into between the OCOG and the USOC governing the OCOG and the bid process. (c) “Endorsing municipality” means the City of Los Angeles or the City and County of San Francisco which has authorized a bid by a OCOG for selection of the municipality as the site of the Olympic Games and Paralympic Games. (d) “Games” means the 2024 Olympic Games. (e) “Games support contract” means a joinder undertaking, a joinder agreement, or a similar contract executed by the Governor and containing terms permitted or required by this act. (f) “Joinder agreement” means an agreement entered into by: (1) The Governor, on behalf of this state, and a site selection organization setting out representations and assurances by the state in connection with the selection of a site in this state for the location of the games. (2) The endorsing municipality and a site selection organization setting out representations and assurances by the endorsing municipality in connection with the selection of a site in this state for the location of the games. (g) “Joinder undertaking” means an agreement entered into by: (1) The Governor, on behalf of this state, and a site selection organization that the state will execute a joinder agreement in the event that the site selection organization selects a site in this state for the games. (2) The endorsing municipality and a site selection organization that the endorsing municipality will execute a joinder agreement in the event that the site selection organization selects a site in this state for the games. (h) “OCOG” means a nonprofit corporation, or its successor in interest, that: (1) Has been authorized by the endorsing municipality to pursue an application and bid on the applicant’s behalf to a site selection organization for selection as the site for the games. (2) With the authorization of the endorsing municipality, has executed the bid committee agreement with a site selection organization regarding a bid to host the games. (i) “Site selection organization” means the United States Olympic Committee, the International Olympic Committee, the International Paralympic Committee, all three or some combination, as applicable. SEC. 3. The Legislature finds and declares all of the following: (a) The purpose of this act is to provide assurances required by a site selection organization sponsoring the games. (b) Hosting the games in California is expected to generate billions of dollars for the state’s economy. The endorsing municipality has developed a self-sufficient bid for financing games that is based on realistic and conservative revenue scenarios and has budgeted sufficient funds to reimburse security and other service costs provided by local regional governments during the games. (c) The endorsing municipality plans to host an environmentally responsible games; has committed to sports and recreational opportunities for young people throughout each area by planning to generate a legacy for youth programs and other sports purposes in California with excess revenues from the games; and plans to develop and implement a unique and broad-based, statewide cultural program. (d) The endorsing municipality has involved athletes, sports professionals, environmentalists, business and financial experts, nonprofit organizations, youth service leaders, and individuals who represent the entire diversity of area in its bid and board of directors. (e) The USOC requires that all bid states, bid cities, and bid committees execute certain agreements including the joinder undertaking, which joinder undertaking must be executed on or before ____. (f) The endorsing municipality expects that if it is chosen as the host city, and once the games have concluded, there will be net revenue exceeding expenses that can be devoted to legacy programs for youth and citizens of California. SEC. 4. (a) The Governor may agree, in accordance with law and subject to Sections 5 and 6 of this act, in a joinder undertaking entered into with a site selection organization that: (1) The Governor shall execute a joinder agreement if the site selection organization selects a site in this state for the games. (2) The state shall refrain, during the period, or any portion thereof, between the execution of the joinder undertaking and award by the International Olympic Committee (IOC) of the games to a host city, from becoming a party to or approving or consenting to any act, contract, commitment, or other action contrary to, or which might affect, any of the obligations stipulated in the joinder agreement. (3) The Governor may agree that any dispute in connection with the joinder undertaking arising during the period between the execution of the joinder undertaking and the IOC’s award of the games to a host city shall be definitively settled as provided in the bid committee agreement. (b) The Governor may agree in a joinder agreement that the state shall, in accordance with law and subject to Sections 5 and 6 of this act, do the following: (1) Provide or cause to be provided any or all of the state government funding, facilities, and other resources specified in the OCOG’s bid to host the games. (2) The state will be liable, solely by means of the funding mechanism established by Sections 5 and 6 of this act, for: (A) Obligations of the OCOG to a site selection organization, including obligations indemnifying the site selection organization against claims of and liabilities to third parties arising out of or relating to the games. (B) Any financial deficit relating to the OCOG or the games. (3) The state’s liability shall not exceed the amount of funds appropriated to the Olympic Games Trust Fund established in Section 5 of this act. Any liability above this amount shall be the responsibility of the OCOG. (4) Acknowledge that the OCOG will be bound by a series of agreements with the site selection organization as set forth in the joinder agreement. (C) The Governor shall execute a joinder undertaking and a joinder agreement, provided the parties conform with this act. (D) A games support contract may contain any additional provisions the Governor requires in order to carry out the purposes of this act. SEC. 5. (a) There is hereby established in the State Treasury a special fund to be known as the “Olympic Games Trust Fund.” (b) The state may choose to fund the Olympic Games Trust Fund in any manner it considers appropriate, and at the time or times the state determines necessary. It is the intent of the Legislature that the funding mechanism for the fund shall be determined on or about the time of the selection of the endorsing municipality as the host city by the International Olympic and Paralympic Committees. (c) The funds in the trust fund may be used only for the sole purpose of fulfilling the obligations of the state under a games support contract to provide adequate security as described in Section 6. (d) No additional state funds shall be deposited into the Olympic Games Trust Fund once the Director of Finance determines that the account has achieved, or is reasonably expected to otherwise accrue, a sufficient balance to provide adequate security, acceptable to the site selection organization, to demonstrate the state’s ability to fulfill its obligations under a games support contract, or any other agreement, to indemnify and insure up to two hundred fifty million dollars ($250,000,000) of any net financial deficit and general liability resulting from the conduct of the games. (e) If the endorsing municipality is selected by the site selection organization as the host city for the games, the Olympic Games Trust Fund shall be maintained until a determination by the Department of Finance is made that the state’s obligations under a games support contract, or any other agreement, to indemnify and insure against any net financial deficit and general liability resulting from the conduct of the games are satisfied and concluded, at which time the trust fund shall be terminated. If the endorsing municipality in the State of California is not selected by the United States Olympic Committee as the United States candidate city to host the games, or if the endorsing municipality is not selected by the IOC as the host city for the games, the Olympic Games Trust Fund shall be immediately terminated. (f) Upon the termination of the Olympic Games Trust Fund, all sums earmarked, transferred, or contained in the fund, along with any investment earnings retained in the fund, shall immediately revert to the General Fund. SEC. 6. (a) Any moneys deposited, transferred, or otherwise contained in the Olympic Games Trust Fund established in Section 5 shall be, upon appropriation by the Legislature, used for the sole purpose of obtaining adequate security, acceptable to the United States Olympic Committee and the International Olympic and Paralympic Committees, to demonstrate the state’s ability to fulfill its obligations under a games support contract to indemnify and insure up to two hundred fifty million dollars ($250,000,000) of any general liability and net financial deficit resulting from the conduct of the games. The security may be provided by moneys contained in the trust fund as provided in Section 5 of this act, or by insurance coverage, letters of credit, or other acceptable secured instruments purchased or secured by the moneys, or by any combination thereof. In no event may the liability of the state under all games support contracts, any other agreements related to the conduct of the games, and all financial obligations of the state otherwise arising under this act, exceed two hundred fifty million dollars ($250,000,000) in the aggregate. (b) Obligations authorized by this act shall be payable solely from the Olympic Games Trust Fund. Neither the full faith and credit nor the taxing power of the state are or may be pledged for any payment under any obligation authorized by this act. SEC. 7. The state shall be the payer of last resort with regard to any net financial deficit as defined in this act. The security provided pursuant to this act may not be accessed to cover any general liability and net financial deficit indemnified by the state under the games support contract until: (a) The security provided by the OCOG is fully expended and exhausted. (b) Any security provided by any other person or entity is fully expended and exhausted. (c) The limits of available insurance policies covering any general liability obligation and the net financial deficit, or any expense or liability used in determining the net financial deficit, have been fully expended and exhausted. (d) Payment has been sought by the OCOG from all third parties owing moneys or otherwise liable to the OCOG. SEC. 8. The OCOG shall list the state as an additional insured on any policy of insurance purchased by the OCOG to be in effect in connection with the preparation for and conduct of the games. SEC. 9. The OCOG may not engage in any conduct that reflects unfavorably upon this state, the endorsing municipality, or the games, or that is contrary to law or to the rules and regulations of the United States Olympic Committee and the International Olympic and Paralympic Committees. SEC. 10. 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 meet deadlines for the bid process for the 2024 Olympic Games, it is necessary that this act go into immediate effect.
Existing law provides specified requirements in awarding certain public contracts. This bill would authorize the Governor to sign agreements required by the United States Olympic Committee as part of the bid process for the City of Los Angeles or the City and County of San Francisco to become the United States applicant city and candidate city for the 2024 Olympic Games and Paralympic Games. This bill would make legislative findings and declarations that, among other things, the endorsing municipality, as defined, has developed a self-sufficient bid for financing the games. This bill would authorize the Governor to enter into an agreement for the state to be jointly liable, not to exceed a specified amount, with the Organizing Committee for the Olympic Games (OCOG), as specified, for obligations of the OCOG, and for any financial deficit relating to the games, as provided. This bill would declare that it is to take effect immediately as an urgency statute.
An act relating to public contracts, and declaring the urgency thereof, to take effect immediately.
The people of the State of California do enact as follows: SECTION 1. Article 2.6 (commencing with Section 66010.96) is added to Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, to read: Article 2.6. Office of Higher Education Performance and Accountability 66010.96. (a) The Office of Higher Education Performance and Accountability is hereby established as the statewide postsecondary education coordination and planning entity. The office shall be established in state government within the Governor’s office, and shall be under the direct control of an executive director. (b) The Governor shall appoint the Executive Director of the Office of Higher Education Performance and Accountability, who shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the office, including contracting for professional or consulting services in connection with the work of the office. The appointment of the executive director shall be subject to confirmation by the affirmative vote of a majority of the membership of the Senate. The executive director shall appoint persons to any staff positions the Governor may authorize. (c) The Governor may appoint the executive director at a salary that shall be fixed pursuant to Section 12001 of the Government Code. (d) (1) An advisory board is hereby established for the purpose of examining and making recommendations to the office regarding the functions and operations of the office and reviewing and commenting on any recommendations made by the office to the Governor and the Legislature. (2) The advisory board shall consist of the Chair of the Senate Committee on Education and the Chair of the Assembly Committee on Higher Education, who shall serve as ex officio members, and six public members with experience in postsecondary education, appointed to terms of four years as follows: (A) Three members of the advisory board shall be appointed by the Senate Committee on Rules. (B) Three members of the advisory board shall be appointed by the Speaker of the Assembly. (3) The office shall actively seek input from, and consult with, the advisory board regarding its functions, operations and recommendations, and provide the advisory board with sufficient time to review and comment. (4) Advisory board meetings shall be subject 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). Advisory board materials shall be posted on the Internet. (5) The advisory board shall meet at least quarterly, and shall appoint one of its members to represent the board for purposes of communicating with the Legislature. (6) The advisory board shall be responsible for developing an independent annual report on the condition of higher education in California. (7) The advisory board shall be responsible for issuing an annual review of the performance of the Executive Director of the Office of Higher Education Performance and Accountability. (8) Members of the advisory board shall serve without compensation, but shall receive reimbursement for actual and necessary expenses incurred in connection with the performance of their duties as board members. (e) The office shall consult with the higher education segments and stakeholders, as appropriate, in the conduct of its duties and responsibilities. For purposes of this subsection, higher education segments shall have the same meaning as in Section 66010.95, and higher education stakeholders shall include, but not necessarily be limited to, postsecondary faculty and students, K–12 representatives, and representatives of the business community. 66010.962. The Office of Higher Education Performance and Accountability shall exist for the purpose of advising the Governor, the Legislature, and other appropriate governmental officials and institutions of postsecondary education. The office shall have the following functions and responsibilities in its capacity as the statewide postsecondary education planning and coordinating agency and advisor to the Legislature and the Governor: (a) It shall, through its use of information and its analytic capacity, inform the identification and periodic revision of state goals and priorities for higher education in a manner that is consistent with the goals outlined in Section 66010.91 and takes into consideration the metrics outlined in Sections 89295 and 92675. It shall, biennially, interpret and evaluate both statewide and institutional performance in relation to these goals and priorities. (b) It shall review and make recommendations, as necessary, regarding cross-segmental and interagency initiatives and programs in areas that may include, but are not necessarily limited to, efficiencies in instructional delivery, financial aid, transfer, and workforce coordination. (c) It shall advise the Legislature and the Governor regarding the need for, and the location of, new institutions and campuses of public higher education. (d) It shall review proposals by the public segments for new programs, the priorities that guide the public segments, and the degree of coordination between those segments and nearby public, independent, and private postsecondary educational institutions, and shall make recommendations regarding those proposals to the Legislature and the Governor. (e) (1) It shall act as a clearinghouse for postsecondary education information and as a primary source of information for the Legislature, the Governor, and other agencies. It shall develop and maintain a comprehensive database that does all of the following: (A) Ensures comparability of data from diverse sources. (B) Supports longitudinal studies of individual students as they progress through the state’s postsecondary educational institutions through the use of a unique student identifier. (C) Maintains compatibility with California School Information Services and the student information systems developed and maintained by the public segments of higher education, as appropriate. (D) Provides Internet access to data, as appropriate, to the sectors of higher education. (E) Provides each of the educational segments access to the data made available to the commission for purposes of the database, in order to support, most efficiently and effectively, statewide, segmental, and individual campus educational research information needs. (2) The office, in implementing paragraph (1), shall comply with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) as it relates to the disclosure of personally identifiable information concerning students. (3) The office may not make available any personally identifiable information received from a postsecondary educational institution concerning students for any regulatory purpose unless the institution has authorized the office to provide that information on behalf of the institution. (4) The office shall, following consultation with, and receipt of a recommendation from, the advisory board, provide 30-day notification to the chairpersons of the appropriate policy and budget committees of the Legislature, to the Director of Finance, and to the Governor before making any significant changes to the student information contained in the database. (f) It shall review all proposals for changes in eligibility pools for admission to public institutions and segments of postsecondary education, and shall make recommendations regarding those proposals to the Legislature, the Governor, and institutions of postsecondary education. In carrying out this subdivision, the office periodically shall conduct a study of the percentages of California public high school graduates estimated to be eligible for admission to the University of California and the California State University. (g) It shall submit reports to the Legislature in compliance with Section 9795 of the Government Code. (h) It shall manage data systems and maintain programmatic, policy, and fiscal expertise to receive and aggregate information reported by the institutions of higher education in this state. 66010.964. Notwithstanding any other law, the office is authorized to require the governing boards and the institutions of public postsecondary education to submit data to the office on plans and programs, costs, selection and retention of students, enrollments, plant capacities, and other matters pertinent to effective planning, policy development, and articulation and coordination. The office shall furnish information concerning these matters to the Governor and to the Legislature as requested by them. 66010.967. (a) On or before December 31 of each year, the office shall report to the Legislature and the Governor regarding its progress in achieving the objectives and responsibilities set forth in subdivision (a) of Section 66010.962. (b) On or before January 1, 2020, the Legislative Analyst’s Office shall review and report to the Legislature regarding the performance of the office in fulfilling its functions and responsibilities as outlined in Section 66010.962. (c) This article 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. 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 establishes the University of California, under the administration of the Regents of the University of California, 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 the 3 public segments of postsecondary education in this state. Existing law states the intent of the Legislature that budget and policy decisions regarding postsecondary education generally adhere to 3 specified goals and that appropriate metrics be identified, defined, and formally adopted, based upon metrics recommended by a working group, to monitor progress toward the achievement of the goals. Existing law establishes the California Postsecondary Education Commission (CPEC) as the statewide postsecondary education coordinating and planning agency, and provides for its functions and responsibilities. Existing law also provides for the composition of CPEC’s membership. The annual state Budget Acts from the 2011–12 fiscal year to the 2015–16 fiscal year, inclusive, have provided no funding for CPEC. This bill would establish the Office of Higher Education Performance and Accountability as the statewide postsecondary education coordination and planning entity. The bill would provide for the appointment by the Governor, subject to confirmation by a majority of the membership of the Senate, of an executive director of the office. The bill would establish an 8-member advisory board for the purpose of examining, and making recommendations to, the office regarding the functions and operations of the office and reviewing and commenting on any recommendations made by the office to the Governor and the Legislature, among other specified duties. The bill would specify the functions and responsibilities of the office, which would include, among other things, participation, as specified, in the identification and periodic revision of state goals and priorities for higher education, reviewing and making recommendations regarding cross-segmental and interagency initiatives and programs, advising the Legislature and the Governor regarding the need for, and the location of, new institutions and campuses of public higher education, acting as a clearinghouse for postsecondary education information and as a primary source of information for the Legislature, the Governor, and other agencies, and reviewing all proposals for changes in eligibility pools for admission to public institutions and segments of postsecondary education. The bill would authorize the office to require the governing boards and institutions of public postsecondary education to submit data to the office on plans and programs, costs, selection and retention of students, enrollments, plant capacities, and other matters pertinent to effective planning, policy development, and articulation and coordination. To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program. The bill would require the office to report to the Legislature and the Governor on or before December 31 of each year regarding its progress in achieving specified objectives and responsibilities. The bill would repeal these provisions on January 1, 2021. (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.
An act to add and repeal Article 2.6 (commencing with Section 66010.96) of Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, relating to postsecondary education.
The people of the State of California do enact as follows: SECTION 1. Section 89003 is added to the Government Code, to read: 89003. (a) A mass mailing shall not be sent within the 90 days preceding an election by or on behalf of a candidate whose name will appear on the ballot at that election for a city, county, or special district elective office. (b) For purposes of this section, “mass mailing” means a mass mailing, as defined by Section 82041.5, that meets the criteria of subdivision (a) of Section 18901 of Title 2 of the California Code of Regulations and, pursuant to subdivision (b) of Section 18901 of Title 2 of the California Code of Regulations, is not prohibited by Section 89001. 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. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code. SECTION 1. Section 14000 of the Unemployment Insurance Code is amended to read: 14000. (a)The Legislature finds and declares that, in order for California to remain prosperous and globally competitive, it needs to have a well-educated and highly skilled workforce. (b)The Legislature finds and declares that the following principles shall guide the state’s workforce investment system: (1)Workforce investment programs and services shall be responsive to the needs of employers, workers, and students by accomplishing the following: (A)Preparing California’s students and workers with the skills necessary to successfully compete in the global economy. (B)Producing greater numbers of individuals who obtain industry-recognized certificates and degrees in competitive and emerging industry sectors and filling critical labor market skills gaps. (C)Adapting to rapidly changing local and regional labor markets as specific workforce skill requirements change over time. (D)Preparing workers for good-paying jobs that foster economic security and upward mobility. (2)State and local workforce investment boards are encouraged to collaborate with other public and private institutions, including businesses, unions, nonprofit organizations, kindergarten and grades 1 to 12, inclusive, career technical education programs, adult career technical education and basic skills programs, community college career technical education and basic skills programs, entrepreneurship training programs, where appropriate, the California Community Colleges Economic and Workforce Development Program, and the Employment Training Panel, to better align resources across workforce education and training service delivery systems and build a well-articulated workforce investment system by accomplishing the following: (A)Adopting local and regional training and education strategies that build on the strengths and fill the gaps in the education and workforce development pipeline in order to address the needs of job seekers, workers, and employers within regional labor markets by supporting sector strategies and career pathways. (B)Building partnerships, aligning strategies, and leveraging resources across education, social services, and workforce training delivery systems to build a career pipeline and fill critical skills gaps. (3)Workforce investment programs and services shall be data driven and evidence based when setting priorities, investing resources, and adopting practices. (4)Workforce investment programs and services shall develop strong partnerships with the private sector, ensuring industry involvement in needs assessment, planning, and program evaluation. (A)Workforce investment programs and services shall encourage industry involvement by developing strong partnerships with an industry’s employers and the unions that represent the industry’s workers. (B)Workforce investment programs and services may consider the needs of employers and businesses of all sizes, including large, medium, small, and microenterprises, when setting priorities, investing resources, and adopting practices. (5)Workforce investment programs and services shall be outcome oriented and accountable, measuring results for program participants, including, but not limited to, outcomes related to program completion, employment, and earnings. (6)Programs and services shall be accessible to employers, the self-employed, workers, and students who may benefit from their operation, including individuals with employment barriers, such as persons with economic, physical, or other barriers to employment. SEC. 2. Section 14005 of the Unemployment Insurance Code is amended to read: 14005. For purposes of this division: (a)“Board” means the California Workforce Investment Board. (b)“Agency” means the Labor and Workforce Development Agency. (c)“Career pathways,” “career ladders,” or “career lattices” mean an identified series of positions, work experiences, or educational benchmarks or credentials with multiple access points that offer occupational and financial advancement within a specified career field or related fields over time. (d)“Cluster-based sector strategies” means methods of focusing workforce and economic development on those sectors that have demonstrated a capacity for economic growth and job creation in a particular geographic area. (e)“Data driven” means a process of making decisions about investments and policies based on systematic analysis of data, which may include data pertaining to labor markets. (f)“Economic security” means, with respect to a worker, earning a wage sufficient to support a family adequately, and, over time, to save for emergency expenses and adequate retirement income, based on factors such as household size, the cost of living in the worker’s community, and other factors that may vary by region. (g)“Evidence-based” means making use of policy research as a basis for determining best policy practices. Evidence-based policymakers adopt policies that research has shown to produce positive outcomes, in a variety of settings, for a variety of populations over time. Successful, evidence-based programs deliver quantifiable and sustainable results. Evidence-based practices differ from approaches that are based on tradition, belief, convention, or anecdotal evidence. (h)“High-priority occupations” mean occupations that have a significant presence in a targeted industry sector or industry cluster, are in demand by employers, and pay or lead to payment of a wage that provides economic security. (i)“Individual with employment barriers” means an individual with any characteristic that substantially limits an individual’s ability to obtain employment, including indicators of poor work history, lack of work experience, or access to employment in nontraditional occupations, long-term unemployment, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, or welfare dependency. (j)“Industry cluster” means a geographic concentration or emerging concentration of interdependent industries with direct service, supplier, and research relationships, or independent industries that share common resources in a given regional economy or labor market. An industry cluster is a group of employers closely linked by common product or services, workforce needs, similar technologies, and supply chains in a given regional economy or labor market. (k)(1)“Industry or sector partnership” means a workforce collaborative that organizes key stakeholders in a targeted industry cluster into a working group that focuses on the workforce needs of the targeted industry cluster. An industry or sector partnership organizes the stakeholders connected with a specific local or regional industry—multiple firms, labor groups, education and training providers, and workforce and education systems—to develop workforce development strategies within the industry. Successful sector partnerships leverage partner resources to address both short-term and long-term human capital needs of a particular sector, including by analyzing current labor markets and identifying barriers to employment within the industry, developing cross-firm skill standards, curricula, and training programs, and developing occupational career ladders to ensure workers of all skill levels can advance within the industry. (2)Industry or sector partnerships include, at the appropriate stage of development of the partnership, all of the following: (A)Representatives of multiple firms or employers in the targeted industry cluster, including small-sized and medium-sized employers when practicable. (B)One or more representatives of state labor organizations, central labor coalitions, or other labor organizations, except in instances where no labor representations exists. (C)One or more representatives of local workforce investment boards. (D)One or more representatives of kindergarten and grades 1 to 12, inclusive, and postsecondary educational institutions or other training providers, including, but not limited to, career technical educators. (E)One or more representatives of state workforce agencies or other entities providing employment services. (3)An industry or sector partnership may also include representatives from the following: (A)State or local government. (B)State or local economic development agencies. (C)Other state or local agencies. (D)Chambers of commerce. (E)Nonprofit organizations. (F)Philanthropic organizations. (G)Economic development organizations. (H)Industry associations. (I)Other organizations, as determined necessary by the members comprising the industry or sector partnership. (l)“Industry sector” means those firms that produce similar products or provide similar services using somewhat similar business processes, and are closely linked by workforce needs, within a regional labor market. (m)“Local labor federation” means a central labor council that is an organization of local unions affiliated with the California Labor Federation or a local building and construction trades council affiliated with the State Building and Construction Trades Council. (n)“Sector strategies” means methods of prioritizing investments in competitive and emerging industry sectors and industry clusters on the basis of labor market and other economic data indicating strategic growth potential, especially with regard to jobs and income, and exhibit the following characteristics: (1)Focus workforce investment in education and workforce training programs that are likely to lead to jobs providing economic security or to an entry-level job with a well-articulated career pathway into a job providing economic security. (2)Effectively boost labor productivity or reduce business barriers to growth and expansion stemming from workforce supply problems, including skills gaps and occupational shortages by directing resources and making investments to plug skills gaps and provide education and training programs for high-priority occupations. (3)May be implemented using articulated career pathways or lattices and a system of stackable credentials. (4)May target underserved communities, disconnected youths, incumbent workers, and recently separated military veterans. (5)Frequently are implemented using industry or sector partnerships. (6)Typically are implemented at the regional level where sector firms, those employers described in subdivisions (j) and (l), often share a common labor market and supply chains. However, sector strategies may also be implemented at the state or local level depending on sector needs and labor market conditions. (o)“Workforce Investment Act of 1998” means the federal act enacted as Public Law 105-220. (p)“Labor market area” means an economically integrated geographic area within which individuals can reside and find employment within a reasonable distance or can readily change employment without changing their place of residence. Labor market areas shall be identified in accordance with criteria used by the Bureau of Labor Statistics of the Department of Labor or similar criteria established by the Governor. (q)“Recognized postsecondary credential” means a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by a state involved or the federal government, or an associate or baccalaureate degree. (r)“Core program” means a program authorized under a core program provision of the federal Workforce Innovation and Opportunity Act (Public Law 113-128). (s)“Core program provision” means any of the following: (1)Subparts 2 and 3 of Part B of Subchapter I of Chapter 32 of Title 29 of the United States Code. (2)Subchapter II of Chapter 32 of Title 29 of the United States Code. (3)Sections 1 to 13, inclusive, of the federal Wagner-Peyser Act (29 U.S.C. Sec. 49 et seq.). (4)Title I of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 720 et seq.), excluding Section 112 (29 U.S.C. 732) and Part C (29 U.S.C. Sec. 741). SEC. 3. Section 14010 of the Unemployment Insurance Code is amended to read: 14010. The California Workforce Investment Board is the body responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce system and the alignment of the education and workforce systems to the needs of the 21st century economy and workforce. The board shall aid the Governor in facilitating system alignment across the core programs of the federal Workforce Innovation and Opportunity Act (Public Law 113-128) as well as other educational, social service, rehabilitation, and economic development agencies the Governor chooses to bring together in partnership. SEC. 4. Article 4 (commencing with Section 14240) is added to Chapter 4 of Division 7 of the Unemployment Insurance Code , to read: 4. Regional Planning 14240. The state shall, in conformity with the federal Workforce Innovation and Opportunity Act (Public Law 113-128), after consultation with local boards and chief elected officials, and pursuant to a process consistent with the considerations described in Section 3121(b)(1)(B) of Title 29 of the United States Code, identify all of the following: (a)The regions comprised of one local area aligned with the region. (b)The regions comprised of two or more local areas collectively aligned with the region. These regions shall be referred to as planning regions, consistent with Section 3102 of Title 29 of the United States Code. (c)The regions identified pursuant to subdivision (b) that are interstate areas contained within two or more states and consist of labor market areas, economic development areas, or other appropriate contiguous subareas of those states. 14241. (a)The local boards and chief elected officials in each planning region described in subdivision (b) or (c) of Section 14240 shall engage in a regional planning process that results in all of the following: (1)The preparation of a regional plan, as described in subdivision (b). (2)The establishment of regional service strategies, including the use of cooperative service delivery agreements. (3)The development and implementation of sector initiatives for in-demand industry sectors or occupations for the region. (4)The collection and analysis of regional labor market data, in conjunction with the state. (5)The establishment of administrative cost arrangements, including the pooling of funds for administrative costs, as appropriate, for the region. (6)The coordination of transportation and other supportive services, as appropriate, for the region. (7)The coordination of services with regional economic development services and providers. (8)The establishment of an agreement concerning how the planning region will collectively negotiate and reach agreement with the Governor on local levels of performance for, and report on, the performance accountability measures described in Section 3141(c) of Title 29 of the United States Code for local areas or the planning region. (b)The state, after consultation with local boards and chief elected officials for the planning regions, shall require the local boards and chief elected officials within a planning region to prepare, submit, and obtain approval of a single regional plan that includes a description of the activities described in subdivision (a) and incorporates local plans for each of the local areas in the planning region. The state shall provide technical assistance and labor market data, as requested by local areas, to assist with the regional planning and subsequent service delivery efforts. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because this act implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
The Political Reform Act of 1974 prohibits mass mailings from being sent at public expense. The act defines “mass mailing” as over 200 substantially similar pieces of mail, not including form letters or other mail, that are sent in response to an unsolicited request, letter, or other inquiry. Existing regulations of the Fair Political Practices Commission add further definitional criteria for mass mailings and specify certain exceptions to the act’s prohibition against mass mailings. This bill would prohibit a mass mailing that complies with the Commission’s regulatory criteria from being sent within the 90 days preceding an election by or on behalf of a candidate whose name will appear on the ballot for a city, county, or special district elective office. A willful violation of the act’s provisions is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandate 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2/3 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act. The federal Workforce Investment Act of 1998 (WIA) authorizes workforce investment activities, including activities in which states may participate. The federal Workforce Innovation and Opportunity Act (WIOA), beginning July 1, 2015, repeals and supersedes the WIA and, among other things, requires a state, in order to receive specified allotments of federal funds and before the second full program year after July 22, 2014, to identify planning regions and require local boards and chief elected officials to prepare regional plans for those planning regions, as specified. The California Workforce Investment Act requires the California Workforce Investment Board to develop and update a state workforce investment plan, as specified. Existing law requires each local board to develop and submit to the Governor a comprehensive 5-year local plan in partnership with the appropriate chief local elected officials that is consistent with the state workforce investment plan. This bill would require the state, in conformity with WIOA and after consultation with local boards and chief elected officials, to identify planning regions. The bill would require local boards and chief elected officials to prepare regional plans for those planning regions, as specified. By imposing this requirement on local government, the bill would impose a state-mandated local program. The bill would also require the board to aid the Governor in facilitating system alignment across the core programs of WIOA, as defined, and make related and conforming 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.
An act to amend Sections 14000, 14005, and 14010 of, and to add Article 4 (commencing with Section 14240) to Chapter 4 of Division 7 of, the Unemployment Insurance Code, relating to workforce development. An act to add Section 89003 to the Government Code, relating to the Political Reform Act of 1974 .
The people of the State of California do enact as follows: SECTION 1. Article 3 (commencing with Section 115810) is added to Chapter 4 of Part 10 of Division 104 of the Health and Safety Code, to read: Article 3. The Consideration of Alternatives for Artificial Turf Infill Act of 2016 115810. The Legislature finds and declares all of the following: (a) Thousands of schools, parks, and local governments have installed artificial turf fields throughout the state. It has allowed them to use fields year round, save water, and save money, among other benefits. (b) Not all artificial turf fields are made from the same materials. While most artificial turf fields use less expensive crumb rubber infill from groundup used car and truck tires, many companies now offer artificial turf infill alternatives made from coconut fibers, rice husks, cork, sand, or virgin crumb rubber. Organic alternative infills can help reduce synthetic turf field temperatures on hot days by as much as 30 degrees compared to crumb rubber infill from used tires. (c) The average artificial turf field uses approximately 20,000 groundup used tires to make crumb rubber infill. Tires contain many chemicals including, but not limited to: 4-t-octylphenol, acetone, arsenic, barium, benzene, benzothiazole, butylated hydroxyanisole, cadmium, carbon black, chloroethane, chromium, latex, lead, manganese, mercury, methyl ethyl ketone, methyl isobutyl ketone, n-hexadecane, naphthalene, nickel, nylon, phenol, phthalates, polycyclic aromatic hydrocarbons, and zinc. (d) In 2008, then Attorney General Jerry Brown sued the nation’s largest makers and installers of artificial turf fields for excessive lead levels after testing by the Center for Environmental Health found high concentrations of lead in their products. (e) In 2009, the Los Angeles Unified School District banned turf fields containing infill from waste tire crumb rubber and instead chose alternative infills for their artificial turf fields. (f) In 2010, then Attorney General Jerry Brown settled the case with the nation’s largest makers and installers of artificial turf fields requiring them to reformulate their products to reduce lead levels and established the nation’s first enforceable standards applicable to lead in artificial turf. (g) The Office of Environmental Health Hazard Assessment’s 2010 study on used tire crumb rubber in artificial turf fields reviewed chemical concentrations in the air above the fields and found that eight chemicals appear on the California Proposition 65 list of chemicals known to the state to cause cancer. Exposure via inhalation to five of these chemicals (benzene, formaldehyde, naphthalene, nitromethane, and styrene) gave increased lifetime cancer risks that exceeded one in one million. According to the study, the highest risk was from nitromethane, which could cause about nine cancer cases in a hypothetical population of one million soccer players. The study also found that two additional identified chemicals (toluene and benzene) appear on the California Proposition 65 list as developmental/reproductive poisons. (h) At least 10 studies since 2007, including those by the United States Consumer Product Safety Commission and the United States Environmental Protection Agency, have found potentially harmful lead levels in turf fibers and in rubber crumbs. (i) A 2011 study titled, “An Evaluation of Potential Exposures to Lead and Other Metals as the Result of Aerosolized Particulate Matter from Artificial Turf Playing Fields” concluded that artificial turf can deteriorate to form dust containing lead at levels that may pose a risk to children. (j) A 2012 study published in the scientific journal Chemosphere titled, “Hazardous organic chemicals in rubber recycled tire playgrounds and pavers”, showed the high content of toxic chemicals in these recycled materials and found that “uses of recycled rubber tires, especially those targeting play areas and other facilities for children, should be a matter of regulatory concern.” (k) The Swedish Chemicals Agency found that waste tire crumb rubber contains several particularly hazardous substances and recommended that rubber granules from waste tires not be used in artificial turf. (l) In 2013, The United States Environmental Protection Agency (EPA) posted a disclaimer on the only limited study on tire crumb risk it had ever conducted. The EPA press release summarizing the study has been stamped with a notice that it was “outdated” and a new link has been appended to a statement stressing the need for “future studies” to enable “more comprehensive conclusions.” (m) On May 19, 2015, the chair of the United States Consumer Product Safety Commission (CPSC), Elliot Kaye, testified before the United States Congress that he no longer stands behind a 2008 statement from the commission that crumb rubber is safe to play on. His testimony described new federal studies underway. The CPSC also ordered an enforcement review of marketing of artificial turf products for children because the commission found lead levels in artificial sports fields above statutory limits in children’s products. (n) A June 2015, study conducted at Yale University by Environment and Human Health, Inc., an organization of physicians and public health professionals, found that crumb rubber infill from used tires contain at least 96 chemicals. Of the 96 chemicals detected, a little under one-half had no toxicity assessments done on them for their health effects. Of the one-half that had toxicity assessments, 20 percent were probable carcinogens and 40 percent were irritants. The carcinogens found were 2-Mercaptobenzothiazole, 9,10-Dimethylanthracene, Bis(2-ethylhexyl) phthalate, Fluoranthene, Heptadecane, 2-mercaptobenzothiazole, Phenol, 4-(1,1,3,3-tetramethylbutyl)-, Phenanthrene Carcinogen - polycyclicaromatic hydrocarbons, Phthalimide, Pyrene, 1-methyl-, Tetratriacontane, Pyrene, and Carbon Black. Of the irritants found, 24 percent were respiratory irritants, some causing asthma symptoms, 37 percent were skin irritants, and 27 percent were eye irritants. (o) In June 2015, The Department of Resources Recycling and Recovery in collaboration with the Office of Environmental Health Hazard Assessment (OEHHA) agreed to spend nearly three million dollars ($3,000,000) to conduct a three-year study of potential health effects associated with the use of recycled waste tires in playground and artificial turf products. Making use of the toxicity criteria, monitoring data, and exposure pattern analysis results obtained in the study, OEHHA will conduct an assessment of potential health impacts associated with use of artificial turf and playground mats. (p) While the public awaits the results of the OEHHA study and other studies being conducted at the national level and around the country, it is in the public’s best interest, especially from a children’s health perspective, that schools and local governments consider the various infill options when choosing to install artificial turf fields. 115810.1. For purposes of this article, “crumb rubber infill” means any composition material that contains recycled crumb rubber from waste tires and is used to cover or surface an artificial turf field. 115810.2. (a) Before a public or private school or local government may install, contract for the installation of, or solicit bids for a new artificial turf field containing crumb rubber infill within the boundaries of a public or private school or public recreational park, the public or private school or local government shall do all of the following: (1) (A) Gather information from companies that offer artificial turf products that do not use crumb rubber infill. (B) For purposes of this paragraph, information shall include, but not be limited to, information obtained from discussions with at least one company that offers artificial turf products that do not contain crumb rubber infill. (2) Consider the use of material that does not contain crumb rubber infill in its artificial turf field project based on the information gathered pursuant to paragraph (1). (3) Hold a public meeting that includes as a properly noticed agenda item a discussion of the installation of crumb rubber infill, with an opportunity for public comment. Members of the public wishing to make a comment during the public meeting shall be permitted to do so consistent with the established comment procedure for the meeting. (b) Subdivision (a) shall not apply to any installation of an artificial turf field containing crumb rubber infill that commenced, or any contract for such an installation entered into, prior to January 1, 2017. (c) Subdivision (a) shall not apply to any maintenance that is needed on an artificial turf field containing crumb rubber infill in existence as of January 1, 2017, or that is installed consistent with subdivision (b). 115810.3. This article 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. SECTION 1. Article 3 (commencing with Section 115810) is added to Chapter 4 of Part 10 of Division 104 of the Health and Safety Code , to read: 3. The Children’s Safe Playground and Turf Field Act of 2015 115810. For purposes of this article, “synthetic turf” means any composition material that contains recycled crumb rubber from waste tires and is used to cover or surface a field or playground. 115811. (a)By July 1, 2017, the Office of Environmental Health Hazard Assessment, in consultation with the Department of Resources Recycling and Recovery, the State Department of Public Health, and the Department of Toxic Substances Control, shall prepare and provide to the Legislature and post on the office’s Internet Web site a study analyzing synthetic turf for potential adverse health impacts. (b)The study shall include all of the following: (1)A hazard analysis of exposure to the chemicals that may be found in synthetic turf, such as 4-t-octylphenol, acetone, arsenic, barium, benzene, benzothiazole, butylated hydroxyanisole, cadmium, carbon black, chloroethane, chromium, lead, manganese, matex, mercury, methyl ethyl ketone, methyl isobutyl ketone, n-hexadecane, naphthalene, nickel, nylon, phenol, phthalates, polycyclic aromatic hydrocarbons, and zinc. (2)An analysis that considers the varying exposure activities, environments, duration of play, ages of different populations who play on synthetic turf, and exposure pathways, including whether chemicals found in tires have negative impacts on human health when used in indoor and outdoor fields and parks with various weather exposures and potentially ingested by children or coming in contact with children’s bodies. (3)Biomonitoring or other exposure monitoring of children or adults exposed to synthetic turf to be used to assess their exposure to chemicals found in the synthetic turf, to the extent feasible, to determine potential health impacts on children and other age groups. (4)An examination of the potential for fields and playgrounds containing synthetic turf to cause adverse health impacts, including, but not limited to, non-Hodgkin lymphoma, testicular cancer, prostate cancer, sarcoma cancer, and leukemia. This examination shall include people who have developed these health impacts and played on fields and playgrounds containing used tires, including, but not limited to, soccer goalies. (5)An examination of the health impacts associated with synthetic turf fields and playgrounds of varying age. (6)An evaluation of the differences in the manufacturing of synthetic turf and different turf, field, and playground products, including those that do not use recycled tires, and how these differences may affect health impacts. The evaluation shall include, but not be limited to, the types and age of tires used, the tire processing, and the type of plasticizer, backing material, adhesives, and plastic blades of artificial grass used to make the final synthetic turf product. (7)An evaluation of the differences, in terms of health impacts, between fields and playgrounds covered with synthetic turf and nonsynthetic turf, including, but not limited to, fields made from coconut fibers, rice husks, cork, sand, and used shoes. (8)A review of current research on the health impacts of synthetic turf done by authoritative bodies from around the country and the world. (9)Research to fill any data gaps, such as those data gaps identified by the report prepared by the Office of Environmental Health Hazard Assessment on behalf of the Department of Resources Recycling and Recovery titled “Safety Study of Artificial Turf Containing Crumb Rubber Infill Made From Recycled Tires: Measurements of Chemicals and Particulates in the Air, Bacteria in the Turf, and Skin Abrasions Caused by Contact with the Surface.” (10)An examination of the health impacts of exposures to many low level volatile organic compounds and polycyclic aromatic hydrocarbons found in synthetic turf fields and playgrounds. (11)An analysis that compares the temperatures on synthetic turf, nonwaste tire turf, and grass turf during the high-temperature periods in the summer. This analysis shall include a health impact analysis including, but not limited to, heat stress, heat illness, and other heat-related health issues. (c)A representative sample of synthetic turf fields and playgrounds around the state shall be analyzed for purposes of the study. (d)(1)A study submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2)The requirement for submitting a study to the Legislature imposed pursuant to subdivision (a) is inoperative on July 1, 2021, pursuant to Section 10231.5 of the Government Code. 115812. (a)(1)A public or private school or local government shall not install, or contract for the installation of, a new field or playground surface made from synthetic turf within the boundaries of a public or private school or public recreational park unless the following three conditions are met: (A)The bid specification of the public or private school or local government for the turf field or playground surface includes at least one option that does not use crumb rubber from waste tires. (B)The public or private school or local government has obtained at least one estimate from a company that does not use crumb rubber from waste tires in its turf field and playground products. (C)The public or private school or local government has held a public meeting regarding the installation of synthetic turf with an opportunity for public comment. (2)Paragraph (1) shall not apply to any installation of a field or playground surface made from synthetic turf that commenced, or any contract for such installation entered into, prior to January 1, 2016. (3)Paragraph (1) shall not apply to any maintenance that is needed on a synthetic turf field or playground in existence as of January 1, 2016. (b)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. 2. Section 42872 of the Public Resources Code is amended to read: 42872. (a)The tire recycling program may include, but is not limited to, the following: (1)The awarding of grants, subsidies, rebates, and loans to businesses or other enterprises, and public entities, involved in activities and applications that result in reduced landfill disposal of used whole tires and reduced illegal disposal or stockpiling of used whole tires. (2)The awarding of grants for research aimed at developing technologies or improving current activities and applications that result in reduced landfill disposal of used whole tires. (3)The awarding of grants or loans for the evaluation, planning, design, improvement, and implementation of alternative used tire recycling programs in this state. (4)The awarding of grants, subsidies, rebates, or loans to businesses that shred used tires for purposes of recycling. (5)Development and implementation of an information and education program, including seminars and conferences, aimed at promoting alternatives to the landfill disposal of used whole tires. (6)The awarding of grants or loans to tire shredding programs at authorized landfills, solid waste transfer stations, or dedicated tire shredding facilities, including the direct purchase of shredders or financing of shredder contracts. (7)Development and implementation of a waste tire incentive payment program to promote increased demand for waste tires recycled in this state and to promote higher valued products. (8)The awarding of grants to businesses that produce crumb rubber from waste tires for purposes of helping the business to find alternative markets other than fields and playgrounds for their products. (b)The tire recycling program shall not include the awarding of grants, subsidies, rebates, loans, or any other types of funding to businesses or other enterprises, to public or private schools, or to local governments for purposes of offsetting the cost of manufacturing or installing synthetic turf as that term is defined in Section 115810 of the Health and Safety Code. SEC. 3. Section 42873 of the Public Resources Code is amended to read: 42873. (a)Activities eligible for funding under this article, that reduce, or that are designed to reduce or promote the reduction of, landfill disposal of used whole tires, may include the following: (1)Polymer treatment. (2)Rubber reclaiming and crumb rubber production. (3)Retreading. (4)Shredding. (5)The manufacture of products made from used tires, including, but not limited to, all of the following: (A)Rubberized asphalt, asphalt rubber, modified binders, and chip seals. (B)Playground equipment. (C)Crash barriers. (D)Erosion control materials. (E)Nonslip floor and track surfacing. (F)Oil spill recovery equipment. (G)Roofing adhesives. (H)Tire-derived aggregate applications, including lightweight fill and vibration mitigation. (I)Molded products. (J)Products using recycling rubber and other materials, such as plastic. (K)Paint and coatings. (6)Other environmentally safe applications or treatments determined to be appropriate by the department. (7)A study to analyze synthetic turf for potential adverse health impacts, pursuant to Section 115811 of the Health and Safety Code. (b)(1)The department shall not expend funds for an activity that provides support or research for the incineration of tires. For the purposes of this article, incineration of tires, includes, but is not limited to, fuel feed system development, fuel sizing analysis, and capacity and production optimization. (2)Paragraph (1) does not affect the permitting or regulation of facilities that engage in the incineration of tires.
Existing law regulates certain behavior related to recreational activities and public safety, including, among other things, playgrounds and wooden playground equipment. The bill would, until January 1, 2020, require a public or private school or local government, before installing, contracting for the installation of, or soliciting bids for a new artificial turf field containing crumb rubber infill, as defined, within the boundaries of a public or private school, or public recreational park to do certain things, including gathering information from companies that offer artificial turf products that do not use crumb rubber infill. Existing law regulates certain behavior related to recreational activities and public safety, including, among other things, playgrounds and wooden playground equipment. This bill would require the Office of Environmental Health Hazard Assessment, by July 1, 2017, in consultation with the Department of Resources Recycling and Recovery, the State Department of Public Health, and the Department of Toxic Substances Control, to prepare and provide to the Legislature and post on the office’s Internet Web site a study analyzing synthetic turf, as defined, for potential adverse health impacts. The bill would require the study to include certain information, including a hazard analysis of exposure to the chemicals that may be found in synthetic turf, as provided. The bill would prohibit a public or private school or local government, until January 1, 2018, from installing, or contracting for the installation of, a new field or playground surface made from synthetic turf within the boundaries of a public or private school or public recreational park, unless 3 specified conditions are met, including that the public or private school or local government has obtained at least one estimate from a company that does not use crumb rubber in its turf field and playground products, as provided. The California Tire Recycling Act (act) requires a person who purchases a new tire to pay a California tire fee, for deposit in the California Tire Recycling Management Fund, for expenditure by the department, upon appropriation by the Legislature, for programs related to the disposal of waste tires including the awarding of grants. The act specifies that the activities eligible for funding include the manufacture of specified products made from used tires. The bill would include the above study as one of the acceptable activities eligible for this funding. The bill would also authorize the awarding of grants to businesses that produce crumb rubber from waste tires for purposes of helping the businesses find alternative markets other than fields and playgrounds for their products. The bill would prohibit the awarding under this program of grants, subsidies, rebates, loans, or any other types of funding to businesses or other enterprises, to public or private schools, or to local governments for purposes of offsetting the cost of manufacturing or installing synthetic turf.
An act to add Article 3 (commencing with Section 115810) to Chapter 4 of Part 10 of Division 104 of, and to repeal Section 115812 of, the Health and Safety Code, and to amend Sections 42872 and 42873 of the Public Resources Code, relating to environmental health. An act to add and repeal Article 3 (commencing with Section 115810) of Chapter 4 of Part 10 of Division 104 of the Health and Safety Code, relating to environmental health.
The people of the State of California do enact as follows: SECTION 1. Section 980 of the Military and Veterans Code is amended to read: 980. (a) As used in this chapter, “veteran” means any of the following: (1) Any citizen of the United States who served in the active military, naval, or air service of the United States on or after April 6, 1917, and prior to November 12, 1918, and who received an honorable discharge or was released from active duty under honorable conditions. (2) Any person who did all of the following: (A) Served in the active military, naval, or air service of the United States for a period of not less than 90 consecutive days or was discharged from the service due to a service-connected disability within that 90-day period. (B) Received an honorable discharge or was released from active duty under honorable conditions. (C) Performed any portion of that service during any of the following periods: (i) On or after December 7, 1941, and prior to January 1, 1947, including, but not limited to, members of the Philippine Commonwealth Army, the Regular Scouts (“Old Scouts”), and the Special Philippine Scouts (“New Scouts”). (ii) On or after June 27, 1950, and prior to February 1, 1955. (iii) On or after February 28, 1961, and prior to August 5, 1964, in the case of a veteran who served in the Republic of Vietnam during that period. (iv) On or after August 5, 1964, and prior to May 8, 1975. (v) On or after August 2, 1990, to and including the date on which the territories in and around the Arabian Peninsula cease to be designated as a place where the armed forces of the United States are engaged in combat, as described in Executive Order 12744 of the President of the United States. It is the intent of the Legislature, in enacting this clause, that the benefits provided by this chapter shall be available to all veterans who were on active duty in the armed forces of the United States or who were called to active duty in the reserves or National Guard during the pendency of the deployment of forces for Operation Desert Shield or Desert Storm, which resulted in Executive Order 12744, irrespective of whether these veterans served overseas or in the United States. (vi) At any time, in a campaign or expedition for service in which a medal has been authorized by the government of the United States, regardless of the number of days served on active duty. (vii) At any time in Somalia, or in direct support of the troops in Somalia, including, but not limited to, persons stationed on ships of the United States armed forces conducting support activities offshore in the vicinity of Somalia, during Operation Restore Hope, regardless of the number of days served. (3) Any member of the reserves or National Guard who does all the following: (A) Is called to, and released from, active duty or active service, regardless of the number of days served. (B) Is called during any period when a presidential executive order specifies the United States is engaged in combat or homeland defense. (C) Has received an honorable discharge or was released from active duty or active service under honorable conditions. (4) Any person who did all of the following: (A) Served in the Merchant Marine Service of the United States. (B) Has been granted veteran status by the United States Secretary of Defense under Title IV of the GI Improvement Act of 1977 (Public Law 95-202, as amended). (5) Any person who qualifies under federal laws for revenue bond or unrestricted funds (26 U.S.C. Sec. 143) and did all of the following: (A) Served in the active military, naval, or air service of the United States for a period of not less than 90 consecutive days. (B) Received an honorable discharge or was released from active duty or active service under honorable conditions. (6) Any person who qualifies for funds made available from a qualified mortgage revenue bond issued pursuant to 26 U.S.C. Section 143 and is, at the time of application for Cal-Vet benefits, a member of the California National Guard or a reserve component of any branch of the United States armed forces who has enlisted or been commissioned in that service for a period of not less that six years and has completed a minimum of one year of satisfactory service. (b) For purposes of this chapter , “veteran” does shall not include any of the following: (1) A person who was separated from the armed forces under other than honorable conditions. (2) A person who was separated from the armed forces on account of alienage. (3) A person who performed no military duty whatever or refused to wear the uniform. (4) A person who served only in an auxiliary or reserve component of the armed forces whose service therein did not provide an exemption from the operation of the Selective Training and Service Act of 1940 (54 Stat. 885, as amended). (5) A person whose service with the armed forces was due to temporary active duty orders for the sole purpose of training duty, processing, or a physical examination, except as provided for in paragraph (6) of subdivision (a). (6) A person whose only service was as a student at a military academy and who, for any reason, failed to complete the course of study and subsequently did not serve on active duty. (c) For purposes of this section, “active duty” or “active service” is defined as provided in 10 U.S.C. Section 101(d).
Existing law defines “veteran” for the purposes of the various programs bestowing benefits upon veterans. This bill would make technical, nonsubstantive changes to this provision.
An act to amend Section 980 of the Military and Veterans Code, relating to veterans.
The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The economic competitiveness of California is fueled by the strength of regional economies and their skilled workers. Upward social and economic mobility and increased opportunities keep the state’s economy diversified and vibrant. (b) The pathway out of poverty for millions of California residents is the attainment of industry-valued “middle skill credentials,” which is defined as a job requiring a certificate, associate’s degree, or third-party credential that is less advanced than a bachelor’s degree, but more advanced than a high school diploma. (c) Middle skill credentials serve as the gateway for a large number of careers in the state’s prioritized and emergent industry sectors. (d) The California Community Colleges Board of Governor’s Task Force on Workforce, Job Creation, and a Strong Economy, also referred to as the Strong Workforce Task Force, identified 25 policy and strategy recommendations to help close the gap on these middle skill credentials. (e) The recommendations built upon the foundation established by the California Community Colleges Economic and Workforce Development Program in Part 52.5 (commencing with Section 88600) of Division 7 of Title 3 of the Education Code, the Office of the Chancellor of the California Community Colleges Doing What MATTERS for Jobs and the Economy framework, and the federal Workforce Innovation and Opportunities Act (Public Law 113-128). (f) With the enactment of the federal Workforce Innovation and Opportunity Act (Public Law 113-128), California agencies receiving workforce-related funds have adopted the following common program strategies articulated by the California Workforce Investment Board: (1) Partnering in sector strategies to ensure training programs are relevant to the economy. (2) Building career pathways to increase access, flexibility, and facilitated navigation of training and education programs. (3) Utilizing “earn and learn” to increase simultaneous access to income and training for those who cannot afford full-time education. (4) Organizing regionally to benefit from economies of scale, recognizing gains when labor markets and industry are organized regionally. (5) Providing supportive services to remove barriers to program completion and employment. (6) Creating cross-system data capacity to ensure effective use of resources. (7) Integrating service delivery and braiding of resources to optimize limited resources and make use of program specializations to better serve individuals. SEC. 2. 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 pursuant to this section to the Franchise Tax Board, the Employment Development Department, or the Office of the Chancellor of the California Community Colleges, 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, for purposes of compliance with Section 17520 of the Family Code, and for purposes of measuring employment outcomes of students who participate in career technical education programs offered by the California Community Colleges 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. (m) The department shall, upon request by the Office of the Chancellor of the California Community Colleges, furnish to the chancellor’s office, as applicable, the following information with respect to every licensee: (1) Name. (2) 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. (3) Date of birth. (4) Type of license. (5) Effective date of license or a renewal. (6) Expiration date of license. (n) The department shall make available information pursuant to subdivision (m) only to allow the chancellor’s office to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. Licensure information made available by the department pursuant to this section shall not be used for any other purpose. (o) The department may make available information pursuant to subdivision (m) only to the extent that making the information available complies with state and federal privacy laws. (p) The department may, by agreement, condition or limit the availability of licensure information pursuant to subdivision (m) in order to ensure the security of the information and to protect the privacy rights of the individuals to whom the information pertains. (q) All of the following apply to the licensure information made available pursuant to subdivision (m): (1) It shall be limited to only the information necessary to accomplish the purpose authorized in subdivision (n). (2) It shall not be used in a manner that permits third parties to personally identify the individual or individuals to whom the information pertains. (3) Except as provided in subdivision (n), it shall not be shared with or transmitted to any other party or entity without the consent of the individual or individuals to whom the information pertains. (4) It shall be protected by reasonable security procedures and practices appropriate to the nature of the information to protect that information from unauthorized access, destruction, use, modification, or disclosure. (5) It shall be immediately and securely destroyed when no longer needed for the purpose authorized in subdivision (n). (r) The department or the chancellor’s office may share licensure information with a third party who contracts to perform the function described in subdivision (n), if the third party is required by contract to follow the requirements of this section. SEC. 3. Section 88650 of the Education Code is amended to read: 88650. (a) The chancellor shall implement performance accountability outcome measures for the economic and workforce development program that provide the Governor, Legislature, and general public with information that quantifies employer and student outcomes for those participating in the program. These performance accountability measures should, to the extent possible, align with the performance accountability measures of the federal Workforce Innovation and Opportunity Act (Public Law 113-128). (b) The chancellor shall submit a report to the Governor and Legislature on or about March 1 of each year. This report shall include, but not necessarily be limited to, both of the following: (1) Sufficient information to ensure the understanding of the magnitude of expenditures, by type of expenditure, including those specified in Section 88625, disaggregated by industry sector or cluster, region, and type of grant. (2) Data summarizing outcome accountability performance measures required by this section.
(1) Existing law establishes various career technical education programs, including regional occupational centers and programs, specialized secondary programs, partnership academies, and agricultural career technical education programs. Existing law provides for numerous boards, bureaus, commissions, or programs within the Department of Consumer Affairs that administer the licensing and regulation of various businesses and professions. This bill would require the department to make available, upon request by the Office of the Chancellor of the California Community Colleges, and only to the extent specified, to the chancellor’s office specified information with respect to every licensee for the sole purpose of enabling the office of the chancellor to measure employment outcomes of students who participate in career technical education programs offered by the California Community Colleges and recommend how these programs may be improved. (2) Existing law requires the Chancellor of the California Community Colleges to implement performance accountability outcome measures for the California Community Colleges Economic and Workforce Development Program. This bill would urge the chancellor to align these measures with the performance accountability measures of the federal Workforce Innovation and Opportunity Act.
An act to amend Section 30 of the Business and Professions Code, and to amend Section 88650 of the Education Code, relating to career technical education.
The people of the State of California do enact as follows: SECTION 1. Section 17052 is added to the Revenue and Taxation Code, to read: 17052. (a) (1) For each taxable year beginning on or after January 1, 2015, there shall be allowed against the “net tax,” as defined by Section 17039, an earned income tax credit in an amount equal to an amount determined in accordance with Section 32 of the Internal Revenue Code, relating to earned income, as applicable for federal income tax purposes for the taxable year, except as otherwise provided in this section. (2) (A) The amount of the credit determined under Section 32 of the Internal Revenue Code, relating to earned income, as modified by this section, shall be multiplied by the earned income tax credit adjustment factor for the taxable year. (B) Unless otherwise specified in the annual Budget Act, the earned income tax credit adjustment factor for a taxable year beginning on or after January 1, 2015, shall be 0 percent. (C) The earned income tax credit authorized by this section shall only be operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the credit. (b) (1) In lieu of the table prescribed in Section 32(b)(1) of the Internal Revenue Code, relating to percentages, the credit percentage and the phaseout percentage shall be determined as follows: In the case of an eligible individual with: The credit percentage is: The phaseout percentage is: No qualifying children 7.65% 7.65% 1 qualifying child 34% 34% 2 or more qualifying children 40% 40% (2) (A) In lieu of the table prescribed in Section 32(b)(2)(A) of the Internal Revenue Code, the earned income amount and the phaseout amount shall be determined as follows: In the case of an eligible individual with: The earned income amount is: The phaseout amount is: No qualifying children $3,290 $3,290 1 qualifying child $4,940 $4,940 2 or more qualifying children $6,935 $6,935 (B) Section 32(b)(2)(B) of the Internal Revenue Code, relating to joint returns, shall not apply. (3) Section 32(b)(3)(A) of the Internal Revenue Code, relating to increased percentage for three or more qualifying children, is modified by substituting “the credit percentage and phaseout percentage is 45 percent” for “the credit percentage is 45 percent.” (c) (1) Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code is modified by substituting “this state” for “the United States.” (2) Section 32(c)(2)(A) of the Internal Revenue Code is modified as follows: (A) Section 32(c)(2)(A)(i) of the Internal Revenue Code is modified by deleting “plus” and inserting in lieu thereof the following: “and only if such amounts are subject to withholding pursuant to Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.” (B) Section 32(c)(2)(A)(ii) of the Internal Revenue Code shall not apply. (3) Section 32(c)(3)(C) of the Internal Revenue Code, relating to place of abode, is modified by substituting “this state” for “the United States.” (d) Section 32(i)(1) of the Internal Revenue Code is modified by substituting “$3,400” for “$2,200.” (e) In lieu of Section 32(j) of the Internal Revenue Code, relating to inflation adjustments, for taxable years beginning on or after January 1, 2016, the amounts specified in paragraph (2) of subdivision (b) and in subdivision (d) shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041. (f) If the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the taxpayer. (g) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of 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 Franchise Tax Board pursuant to this section. (h) Notwithstanding any other law, amounts refunded pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits. (i) (1) For the purpose of implementing the credit allowed by this section for the 2015 taxable year, the Franchise Tax Board shall be exempt from the following: (A) Special Project Report requirements under State Administrative Manual Sections 4819.36, 4945, and 4945.2. (B) Special Project Report requirements under Statewide Information Management Manual Section 30. (C) Section 11.00 of the 2015 Budget Act. (D) Sections 12101, 12101.5, 12102, and 12102.1 of the Public Contract Code. (2) The Franchise Tax Board shall formally incorporate the scope, costs, and schedule changes associated with the implementation of the credit allowed by this section in its next anticipated Special Project Report for its Enterprise Data to Revenue Project. (j) (1) In accordance with Section 41 of the Revenue and Taxation Code, the purpose of the California Earned Income Tax Credit is to reduce poverty among California’s poorest working families and individuals. To measure whether the credit achieves its intended purpose, the Franchise Tax Board shall annually prepare a written report on the following: (A) The number of tax returns claiming the credit. (B) The number of individuals represented on tax returns claiming the credit. (C) The average credit amount on tax returns claiming the credit. (D) The distribution of credits by number of dependents and income ranges. The income ranges shall encompass the phase-in and phaseout ranges of the credit. (E) Using data from tax returns claiming the credit, including an estimate of the federal tax credit determined under Section 32 of the Internal Revenue Code, an estimate of the number of families who are lifted out of deep poverty by the credit and an estimate of the number of families who are lifted out of deep poverty by the combination of the credit and the federal tax credit. For the purposes of this subdivision, a family is in “deep poverty” if the income of the family is less than 50 percent of the federal poverty threshold. (2) The Franchise Tax Board shall provide the written report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, the Assembly Committees on Revenue and Taxation, and the Senate and Assembly Committees on Human Services. (k) The tax credit allowed by this section shall be known as the California Earned Income Tax Credit. SEC. 2. Section 19136 of the Revenue and Taxation Code is amended to read: 19136. (a) Section 6654 of the Internal Revenue Code, relating to failure by an individual to pay estimated income tax, shall apply, except as otherwise provided. (b) Section 6654(a)(1) of the Internal Revenue Code is modified to refer to the rate determined under Section 19521 in lieu of Section 6621 of the Internal Revenue Code. (c) (1) Section 6654(e)(1) of the Internal Revenue Code, relating to exceptions where the tax is a small amount, does not apply. (2) No addition to the tax shall be imposed under this section if the tax imposed under Section 17041 or 17048 and the tax imposed under Section 17062 for the preceding taxable year, minus the sum of any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, or the tax computed under Section 17041 or 17048 upon the estimated income for the taxable year, minus the sum of any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, is less than five hundred dollars ($500), except in the case of a separate return filed by a married person the amount shall be less than two hundred fifty dollars ($250). (d) Section 6654(f) of the Internal Revenue Code does not apply and for purposes of this section the term “tax” means the tax imposed under Section 17041 or 17048 and the tax imposed under Section 17062 less any credits against the tax provided by Part 10 (commencing with Section 17001) or this part, other than the credit provided by subdivision (a) of Section 19002. (e) (1) The credit for tax withheld on wages, as specified in Section 6654(g) of the Internal Revenue Code, is the credit allowed under subdivision (a) of Section 19002. (2) (A) Section 6654(g)(1) of the Internal Revenue Code is modified by substituting the phrase “the applicable percentage” for the phrase “an equal part.” (B) For purposes of this paragraph, “applicable percentage” means the percentage amount prescribed under Section 6654(d)(1)(A) of the Internal Revenue Code, as modified by subdivision (a) of Section 19136.1. (f) This section applies to a nonresident individual. (g) (1) No addition to tax shall be imposed under this section to the extent that the underpayment was created or increased by either of the following: (A) Any law that is chaptered during and operative for the taxable year of the underpayment. (B) If, for a taxable year prior to its repeal, the adjustment factor for the credit authorized by Section 17052 for the taxable year was less than the adjustment factor for that credit for the preceding taxable year. (2) (A) Notwithstanding Section 18415, subparagraph (A) of paragraph (1) applies to penalties imposed under this section on or after January 1, 2005. (B) Notwithstanding Section 18415, subparagraph (B) of paragraph (1) applies to penalties imposed under this section on or after January 1, 2016. (h) The amendments made to this section by Section 5 of Chapter 305 of the Statutes of 2008 apply to taxable years beginning on or after January 1, 2009. (i) The amendments made to this section by Section 3 of Chapter 15 of the Fourth Extraordinary Session of the Statutes of 2009 apply to amounts withheld on wages beginning on or after January 1, 2009. SEC. 3. Section 19167 of the Revenue and Taxation Code is amended to read: 19167. A penalty shall be imposed under this section for any of the following: (a) In accordance with Section 6695(a) of the Internal Revenue Code, for failure to furnish a copy of the return to the taxpayer, as required by Section 18625. (b) In accordance with Section 6695(c) of the Internal Revenue Code, for failure to furnish an identifying number, as required by Section 18624. (c) In accordance with Section 6695(d) of the Internal Revenue Code, for failure to retain a copy or list, as required by Section 18625 or for failure to retain an electronic filing declaration, as required by Section 18621.5. (d) Failure to register as a tax preparer with the California Tax Education Council, as required by Section 22253 of the Business and Professions Code, unless it is shown that the failure was due to reasonable cause and not due to willful neglect. (1) The amount of the penalty under this subdivision for the first failure to register is two thousand five hundred dollars ($2,500). This penalty shall be waived if proof of registration is provided to the Franchise Tax Board within 90 days from the date notice of the penalty is mailed to the tax preparer. (2) The amount of the penalty under this subdivision for a failure to register, other than the first failure to register, is five thousand dollars ($5,000). (e) The Franchise Tax Board shall not impose the penalties authorized by subdivision (d) until either one of the following has occurred: (1) Commencing January 1, 2006, and continuing each year thereafter, there is an appropriation in the Franchise Tax Board’s annual budget to fund the costs associated with the penalty authorized by subdivision (d). (2) (A) An agreement has been executed between the California Tax Education Council and the Franchise Tax Board that provides that an amount equal to all first year costs associated with the penalty authorized by subdivision (d) shall be received by the Franchise Tax Board. For purposes of this subparagraph, first year costs include, but are not limited to, costs associated with the development of processes or systems changes, if necessary, and labor. (B) An agreement has been executed between the California Tax Education Council and the Franchise Tax Board that provides that the annual costs incurred by the Franchise Tax Board associated with the penalty authorized by subdivision (d) shall be reimbursed by the California Tax Education Council to the Franchise Tax Board. (C) Pursuant to the agreement described in subparagraph (A), the Franchise Tax Board has received an amount equal to the first year costs described in that subparagraph. (f) In accordance with Section 6695(g) of the Internal Revenue Code, for failure to be diligent in determining eligibility for earned income credit for returns required to be filed on or after the effective date of the act adding this subdivision. SEC. 4. In future years, it is the intent of the Legislature to enact legislation that would expand the California Earned Income Tax Credit allowed by Section 17052 of the Revenue and Taxation Code, as state budget conditions permit, to benefit a broader section of working poor Californians. SEC. 5. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income and who meet certain other requirements. This bill, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, would allow an earned income credit against personal income tax, and a payment in excess of that credit amount, to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor as set forth in the annual Budget Act. Existing law requires any bill authorizing a new personal income tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements, as provided. To measure whether the earned income credit achieves its intended purpose, this bill would require the Franchise Tax Board to annually prepare a specified written report and to provide that report to specified legislative committees. Existing law establishes the continuously appropriated Tax Relief and Refund Account, and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account. By authorizing new payments from that account for amounts in excess of personal income tax liabilities, this bill would make an appropriation. The Personal Income Tax Law imposes taxes based upon taxable income and also imposes interest and penalties with regard to those taxes under specified circumstances, including a penalty for the underpayment of estimated tax. Existing law provides no addition to tax shall be imposed to the extent that the underpayment was created or increased by any law that is chaptered during and operative for the taxable year of the underpayment. This bill would provide that addition to tax shall not be imposed if the applicable percentage for the earned income tax credit for the taxable year was less than the applicable percentage for that credit for the preceding taxable year and would impose a penalty, in conformity with federal law, for failure to be diligent in determining eligibility for the earned income tax credit, as specified. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
An act to amend Sections 19136 and 19167 of, and to add Section 17052 to, the Revenue and Taxation Code, relating to taxation, and making an appropriation therefor, to take effect immediately, bill related to the budget.
The people of the State of California do enact as follows: SECTION 1. Item 2660-013-0001 is added to Section 2.00 of the Budget Act of 2015, to read: 2660-013-0001—For transfer by the Controller from the General Fund, to the Traffic Congestion Relief Fund, upon order of the Director of Finance ........................ (173,000,000) Provisions: 1. Notwithstanding existing law, these funds shall be transferred and allocated by the Director of Finance no later than January 1, 2017, and will affect the General Fund reserve in the fiscal year the transfer is made. Funds shall be allocated as follows: (a) $148,000,000 for specified local Traffic Congestion Relief Program projects. (b) $11,000,000 for trade corridor improvements. (c) $9,000,000 for the Transit and Intercity Rail Capital Program. (d) $5,000,000 for the State Highway Operations and Protection Program. 2. Notwithstanding any other law, this amount shall be repaid from the General Fund pursuant to subdivision (c) of Section 20 of Article XVI of the California Constitution and applied to debt payments as required for the 2016-17 fiscal year. SEC. 2. Item 3970-001-0001 is added to Section 2.00 of the Budget Act of 2015, to read: 3970-001-0001—For support of Department of Resources Recycling and Recovery ........................ 105,000,000 Schedule: (1) 3700-Waste Reduction and Management ........................ 105,000,000 Provisions: 1. The funds appropriated in Schedule (1) shall be made available for fire recovery and debris removal and management costs to mitigate the threat to lives, public health, safety, and the environment. 2. Notwithstanding any other law, upon request of the Director of the Department of Resources Recycling and Recovery, the Director of Finance may augment the amount available for expenditure in this item to pay for fire debris removal and management costs to mitigate the threat to lives, public health, safety, and the environment. The augmentation may be made no sooner than 10 days after notification in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee. The amount of funds augmented pursuant to the authority of this provision shall be consistent with the amount approved by the Director of Finance based on review of the estimated costs. SEC. 3. Item 6440-001-0001 of Section 2.00 of the Budget Act of 2015 is amended to read: 6440-001-0001—For support of University of California ........................ 3,056,138,000 3,057,993,000 Schedule: (1) 5440-Support ........................ 3,056,138,000 3, 057,993,000 Provisions: 1. This appropriation is exempt from Sections 6.00 and 31.00. 2. (a) The Legislature finds and declares all of the following: (1) The Regents of the University of California endorsed, on May 21, 2015, the framework for long-term funding agreed upon by the Governor and the President of the University, pursuant to which tuition will not increase in the 2015–16 and 2016–17 academic years and the university will implement reforms to reduce the cost structure of the university and improve access, quality, and outcomes. (2) The reforms included in the framework endorsed by the Regents will create capacity for all campuses of the university to serve more resident students, including by easing transfer from the community colleges, reducing the amount of time it takes students to complete programs, and using technology and data to improve allocation of available resources. (3) In addition to the funds included in this appropriation and those described in the framework, other funds, including existing resources that can be redirected to higher priorities, such as those currently being used to provide financial aid to nonresident students, are also available to enable more resident students to enter the university at all of its campuses. (4) Furthermore, it is the intent of the Legislature that those funds generated by an increase in the number of nonresident students enrolled in the 2015–16 academic year, compared to the number of nonresident students enrolled in the 2014–15 academic year, and increases in nonresident supplemental tuition, as approved by the Regents on May 21, 2015, be used specifically to support an increase in the number of resident students enrolled. (b) To address immediate needs, the university is expected to enroll, no later than the 2016–17 academic year, at least 5,000 more resident undergraduate students than the number enrolled in the 2014–15 academic year. (c) If the Regents provide sufficient evidence to the Director of Finance on or before May 1, 2016, to demonstrate that the university will satisfy the expectation enumerated in subdivision (b), the Director of Finance shall increase this appropriation by $25,000,000 and notify the Joint Legislative Budget Committee. 2.1. No later than April 1, 2016, the Regents of the University of California shall report to the Director of Finance and, in conformity with Section 9795 of the Government Code, to the Legislature on its use of these funds for targeted support services to increase systemwide and campus four-year and six-year graduation rates and two-year and three-year transfer graduation rates of low-income and underrepresented student populations. 2.2. The Regents of the University of California shall improve transparency regarding the university’s budget. The Regents shall ensure that information is posted on the website of the Office of the President that details subcategories of personnel within the Managers and Senior Professional personnel category and disaggregates all personnel categories by fund source. 2.3. No later than December 10, 2015, the Regents of the University of California shall report to the Director of Finance and, in conformity with Section 9795 of the Government Code, to the Legislature, all of the following: (a) All university fund sources legally allowable to support costs for undergraduate, graduate academic, and graduate professional education. (b) The factors the university considers to determine which funds to use for educational activities and how much of those funds to use. (c) The sources of the funds included in the calculation of expenditures reported pursuant to Section 92670 of the Education Code. 2.4. (a) The Regents of the University of California shall implement further measures to reduce the university’s cost structure. (b) The Legislature finds and declares that many state employees hold positions with comparable scope of responsibilities, complexity, breadth of job functions, experience requirements, and other relevant factors to those employees designated to be in the Senior Management Group pursuant to existing Regents policy. (c) (1) Therefore, at a minimum, the Regents shall, when considering compensation for any employee designated to be in the Senior Management Group, use a market reference zone that includes state employees. (2) At a minimum, the Regents shall identify all comparable positions from the lists included in subdivision (l) of Section 8 of Article III of the California Constitution and Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code. 3. (a) The Regents of the University of California shall approve a plan that includes at least all of the following: (1) Projections of available resources in the 2016–17, 2017–18, and 2018–19 fiscal years. In projecting General Fund appropriations and student tuition and fee revenues, the university shall use any assumptions provided by the Department of Finance. The Department of Finance shall provide any assumptions no later than August 1, 2015. (2) Projections of expenditures in the 2016–17, 2017–18, and 2018–19 fiscal years and descriptions of any changes to current operations necessary to ensure that expenditures in each of those years are not greater than the available resources projected for each of those years pursuant to paragraph (1). (3) Projections of resident and nonresident enrollment in the 2016–17, 2017–18, and 2018–19 academic years, assuming implementation of any changes described in paragraph (2). (4) The university’s goals for each of the measures listed in subdivision (b) of Section 92675 of the Education Code for the 2016–17, 2017–18, and 2018–19 academic years, assuming implementation of any changes described in paragraph (2). It is the intent of the Legislature that these goals be challenging and quantifiable, address achievement gaps for underrepresented populations, and align the educational attainment of California’s adult population to the workforce and economic needs of the state, pursuant to the legislative intent expressed in Section 66010.93 of the Education Code. (b) The plan approved pursuant to subdivision (a) shall be submitted no later than November 30, 2015, to the Director of Finance, the chairpersons of the committees in each house of the Legislature that consider the State Budget, the chairpersons of the budget subcommittees in each house of the Legislature that consider appropriations for the University of California, the chairpersons of the committees in each house of the Legislature that consider appropriations, and the chairpersons of the policy committees in each house of the Legislature with jurisdiction over bills relating to the university. 4. (a) The University of California shall allocate from this appropriation the amount necessary to pay in full the fees anticipated to become due and payable during the fiscal year associated with lease-revenue bonds issued by the State Public Works Board on its behalf and the amount of general obligation bond debt service attributable to the university. (b) The Controller shall transfer funds from this appropriation upon receipt of the following reports: (1) The State Public Works Board shall report to the Controller the fees anticipated to become due and payable in the fiscal year associated with any lease-revenue bonds that were issued on behalf of the university. (2) The Department of Finance shall report to the Controller the amount of general obligation bond debt service anticipated to become due and payable in the fiscal year attributable to the university. (3) The State Public Works Board or the Department of Finance shall submit a revised report if either entity determines that an amount previously reported to the Controller is inaccurate. If necessary pursuant to any revised reports, the Controller shall return funds to this appropriation. 4.5. Of the funds appropriated in this item: (a) $6,000,000 shall be allocated to the centers for labor research and education at the Berkeley and Los Angeles campuses. (b) $1,000,000 shall be allocated to the Wildlife Health Center at the Davis campus and used for grants to local marine mammal stranding networks. These funds are provided on a one-time basis. (c) $770,000 shall be allocated for the Statewide Database. (d) $1,855,000 shall be allocated for the San Joaquin Valley Medical Program. The program shall enroll 48 students. These funds shall be available for expenditure through June 30, 2017. 4.6. The University of California shall continue planning for a School of Medicine at the Merced campus in accordance with the action approved by the Regents of the University of California on May 14, 2008, and shall allocate up to $1,000,000 from this appropriation or other funds available to the university for this purpose. 4.7. This item includes funds for the California DREAM Loan Program. 5. Payments made by the state to the University of California for each month from July through April shall not exceed one-twelfth of the amount appropriated in this item, less the amount that is specified in Provision 2 and the amount that is allocated pursuant to subdivision (a) of Provision 4. Transfers of funds pursuant to subdivision (b) of Provision 4 shall not be considered payments made by the state to the university. 6. The funds appropriated in this item shall not be available to support auxiliary enterprises or intercollegiate athletic programs. SEC. 4. Item 9651-001-0001 is added to Section 2.00 of the Budget Act of 2015, to read: 9651-001-0001—For support of Prefunding of Health and Dental Benefits for Annuitants ........................ 240,000,000 Schedule: (1) 7755–Prefunding Health and Dental Benefits ........................ 240,000,000 Provisions: 1. The amount appropriated in this item is to supplement, and not supplant, funding that would otherwise be made available to pay for the employer share of prefunding health and dental benefits identified in memoranda of understanding, or for employees excluded from collective bargaining, in accordance with salary and benefit schedules established by the Department of Human Resources. 2. No later than November 1, 2016, the Director of Finance shall certify the memoranda of understanding that include employer and employee contributions for prefunding health and dental benefits, and have been approved by the Legislature and the bargaining unit membership. Upon certification, the Director of Finance shall determine the proportionate share of this appropriation based on the actuarially determined liabilities of other postemployment benefits for each bargaining unit included in the certification, and notify the Controller's office, which shall provide the amount specified by the Director of Finance to the designated state subaccount of the Annuitants’ Health Care Coverage Fund, as defined in Section 22940 of the Government Code. 3. This appropriation is available for expenditure or encumbrance until June 30, 2017. SEC. 5. Section 39.00 of the Budget Act of 2015 is amended to read: SEC. 39.00. The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 94, AB 95, AB 104, AB 105, AB 106, AB 107, AB 108, AB 109, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 120, AB 121, AB 122, AB 123, AB 124, AB 125, AB 127, AB 128, AB 129, AB 130, AB 131, AB 132, AB 133, AB 134, AB 135, AB 136, AB 137, AB 138, SB 70, SB 71, SB 72, SB 73, SB 74, SB 75, SB 76, SB 77, SB 78, SB 79, SB 80, SB 81, SB 82, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 93, SB 94, SB 95, SB 96, SB 98, SB 99, SB 100, SB 102, SB 103, SB 104, SB 105, SB 106, SB 107, SB 108, and SB 109, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2015 took effect. SEC. 6. This act is a Budget Bill within the meaning of subdivision (c) of Section 12 of Article IV of the California Constitution and shall take effect immediately. SECTION 1. It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.
The Budget Act of 2015 appropriated specified amounts for the support of state government for the 2015–16 fiscal year. This bill would amend the Budget Act of 2015 by adding and amending items of appropriation. This bill would declare that it is to take effect immediately as a Budget Bill. This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2015.
An act relating to the Budget Act of 2015. An act to amend the Budget Act of 2015 (Chapters 10 and 11 of the Statutes of 2015), by amending Item 6440-001-0001 of, and adding Items 2660-013-0001, 3970-001-0001, and 9651-001-0001 to, Section 2.00 of, and amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill.
The people of the State of California do enact as follows: SECTION 1. Section 12439 of the Government Code is repealed. SEC. 2. Section 22775 of the Government Code is amended to read: 22775. “Family member” means an employee’s or annuitant’s spouse or domestic partner and any child, including an adopted child, a stepchild, or recognized natural child. The board shall, by regulation, prescribe age limits and other conditions and limitations pertaining to children. “Family member” does not include a former spouse or former domestic partner of an employee or annuitant. SEC. 3. Section 22781 of the Government Code is amended to read: 22781. “Prefunding” means the making of periodic payments by an employer or employee to partially or completely fund or amortize the actuarially determined normal costs or unfunded actuarial obligation of the employer for postemployment health care benefits provided to annuitants and their family members. SEC. 4. Section 22843.1 is added to the Government Code, to read: 22843.1. (a) Pursuant to standards established by the Department of Human Resources, the employing office of a state employee or state annuitant shall possess documentation verifying eligibility of an employee’s or annuitant’s family member prior to the enrollment of a family member in a health benefit plan. The employing office shall maintain the verifying documentation in the employee or annuitant’s official personnel or member file. (b) The employing office of the state employee or state annuitant shall obtain verifying documentation to substantiate the continued eligibility of family members as follows: (1) At least once every three years for the following family members: (A) Spouses. (B) Domestic partners. (C) Children and stepchildren. (D) Domestic partner children. (2) At least once annually for other children for whom the state employee or state annuitant has assumed a parent-child relationship. (c) For purposes of this section, the Public Employees’ Retirement System is the employing office of a state annuitant. SEC. 5. Section 22844 of the Government Code is amended to read: 22844. (a) Employees, annuitants, and family members who become eligible to enroll on or after January 1, 1985, in Part A and Part B of Medicare shall not be enrolled in a basic health benefit plan. If the employee, annuitant, or family member is enrolled in Part A and Part B of Medicare, he or she may enroll in a Medicare health benefit plan. (b) Employees, annuitants, and family members enrolled in a prescription drug plan under Part D of Medicare shall not be enrolled in a board-approved health benefit plan. This subdivision does not apply to an individual enrolled in a board-approved or offered health benefit plan that provides a prescription drug plan or qualified prescription drug coverage under Part D of Medicare as part of its benefit design. (c) This section does not apply to employees and family members that are specifically excluded from enrollment in a Medicare health benefit plan by federal law or federal regulation. (d) The board shall not grant any further exemptions to this section after July 1, 2015. SEC. 6. Section 22865 of the Government Code is amended to read: 22865. Not later than 30 days prior to the approval of benefits and premium readjustments authorized under Section 22864, the board shall provide an initial estimate of proposed changes and costs in writing to the Joint Legislative Budget Committee, the chairpersons of the committees and subcommittees in each house of the Legislature that consider the Public Employees’ Retirement System’s budget and activities, the State Controller, the Trustees of the California State University, the Department of Human Resources, the Director of Finance, and the Legislative Analyst. SEC. 7. Section 22866 of the Government Code is amended to read: 22866. (a) The board shall report to the Legislature and the Director of Finance annually, on November 1, regarding the health benefits program. The report shall include, but not be limited to the following: (1) General overview of the health benefits program, including, but not limited to, the following: (A) Description of health plans and benefits provided, including essential and nonessential benefits as required by state and federal law, member expected out-of-pocket expenses, and actuarial value by metal tier as defined by the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). (B) Geographic coverage. (C) Historic enrollment information by basic and Medicare plans, by state and contract agencies, by active and retired membership, and by subscriber and dependent tier. (D) Historic expenditures by basic and Medicare plans, by state and contract agencies, by active and retired membership, and by subscriber and dependent tier. (2) Reconciliation of premium increases or decreases from the prior plan year, and the reasons for those changes. (A) Description of benefit design and benefit changes, including prescription drug coverage, by plan. The description shall detail whether benefit changes were required by statutory mandate, federal law, or an exercise of the board’s discretion, the costs or savings of the benefit change, and the impact of how the changes fit into a broader strategy. (B) Discussion of risk. (C) Description of medical trend changes in aggregate service categories for each plan. The aggregate service categories used shall include the standard categories of information collected by the board, consisting of the following: inpatient, emergency room, ambulatory surgery, office, ambulatory radiology, ambulatory lab, mental health and substance abuse, other professional, prescriptions, and all other service categories. (D) Reconciliation of past year premiums against actual enrollments, revenues, and accounts receivables. (3) Overall member health as reflected by data on chronic conditions. (4) The impact of federal subsidies or contributions to the health care of members, including Medicare Part A, Part B, Part C, or Part D, low-income subsidies, or other federal program. (5) The cost of benefits beyond Medicare contained in the board’s Medicare supplemental plans. (6) A description of plan quality performance and member satisfaction, including, but not limited to, the following: (A) The Healthcare Effectiveness Data and Information Set, referred to as HEDIS. (B) The Medicare star rating for Medicare supplemental plans. (C) The degree of satisfaction of members and annuitants with the health benefit plans and with the quality of the care provided, to the extent the board surveys participants. (D) The level of accessibility to preferred providers for rural members who do not have access to health maintenance organizations. (E) Other applicable quality measurements collected by the board as part of the board’s health plan contracts. (7) A description of risk assessment and risk mitigation policy related to the board’s self-funded and flex-funded plan offerings, including, but not limited to the following: (A) Reserve levels and their adequacy to mitigate plan risk. (B) The expected change in reserve levels and the factors leading to this change. (C) Policies to reduce excess reserves or rebuild inadequate reserves. (D) Decisions to lower premiums with excess reserves. (E) The use of reinsurance and other alternatives to maintaining reserves. (8) Description and reconciliation of administrative expenditures, including, but not limited to, the following: (A) Organization and staffing levels, including salaries, wages, and benefits. (B) Operating expenses and equipment expenditure items, including, but not limited to, internal and external consulting and intradepartmental transfers. (C) Funding sources. (D) Investment strategies, historic investment performance, and expected investment returns of the Public Employees’ Contingency Reserve Fund and the Public Employees’ Health Care Fund. (9) Changes in strategic direction and major policy initiatives. (b) A report submitted pursuant to subdivision (a) shall be provided in compliance with Section 9795. SEC. 8. Section 22940 of the Government Code is amended to read: 22940. (a) There is in the State Treasury the Annuitants’ Health Care Coverage Fund that is a trust fund and a retirement fund, within the meaning of Section 17 of Article XVI of the California Constitution. Subject to the limitation provided in subdivision (b), notwithstanding Section 13340, all moneys in the fund are continuously appropriated without regard to fiscal years to the board for expenditure for the prefunding of health care coverage for annuitants pursuant to this part, including administrative costs. The board has sole and exclusive control and power over the administration and investment of the Annuitants’ Health Care Coverage Fund and shall make investments pursuant to Part 3 (commencing with Section 20000). (b) (1) Moneys accumulated in the designated state subaccounts of the fund, or a successor fund, that are derived from investment income shall not be used to pay benefits for state annuitants and dependents until the earlier of: (A) With regard to a particular designated state subaccount, the date the funded ratio of the designated state subaccount reaches at least 100 percent as determined in that employer’s postemployment benefits actuarial valuation and then only for the purpose of paying benefits for state annuitants and dependents associated with that subaccount. (B) July 1, 2046. (2) For purposes of this subdivision, “designated state subaccount” means a separate account maintained within the fund to identify prefunding contributions and assets attributable to a specified state collective bargaining unit or other state entity for the purpose of providing benefits to state annuitants and dependents associated with a specified collective bargaining unit or other state entity. (3) This subdivision shall not be construed as prohibiting an alternative funding strategy agreed to in a written memorandum of understanding. SEC. 9. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
(1) The Public Employees’ Medical and Hospital Care Act (PEMHCA), which is administered by the Board of Administration of the Public Employees’ Retirement System, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their families. PEMHCA defines “family member” for these purposes. PEMHCA authorizes the board to contract with carriers offering health benefit plans and prohibits employees, annuitants, and their family members who are eligible for Medicare, as specified, from enrolling in a basic health benefit plan. PEMHCA requires the board to make certain notifications and reports to the Legislature in connection with health benefit plans offered pursuant to its provisions. This bill would clarify the definition of family for the purposes of PEMHCA by specifically excluding former spouses and former domestic partners. The bill would require the employing office, as specified, of a state employee or state annuitant, pursuant to standards established by the Department of Human Resources, to possess documentation verifying eligibility of an employee’s family member prior to the enrollment of a family member in a health benefit plan and to verify continued eligibility pursuant to a specified schedule. The bill would prohibit the board from granting further exceptions to the rule against enrolling employees, annuitants, and their family members who are eligible for Medicare, as specified, in a basic health benefit plan. The bill would revise the entities to which the board is required to provide notification of approval of proposed benefit and premium readjustments to exclude the Legislature as a whole and to instead require provision of an initial estimate of proposed changes in writing to the Joint Legislative Budget Committee, the chairpersons of the committees and subcommittees in each house of the Legislature that consider the Public Employees’ Retirement System’s budget and activities, the Controller, the Director of Finance, and the Legislative Analyst. The bill would specify the latest date that this notification may take place. The bill would require the board to provide a specified, detailed report to the Legislature and the Director of Finance annually, on November 1, regarding the health benefit plans it provides. (2) PEMHCA establishes the Annuitants’ Health Care Coverage Fund, which is continuously appropriated for the purpose of prefunding of health care coverage for annuitants, including administrative costs. PEMHCA defines “prefunding” for these purposes. This bill would prohibit the use of certain state funds in the Annuitants’ Health Care Coverage Fund for the payment of benefits until the earlier of 2 specified dates. The bill would revise the definition of prefunding to include employee as well as employer payments and to provide that payments may fund the actuarially determined normal costs of postemployment health care benefits. By providing a new funding source for a continuously appropriated fund, this bill would make an appropriation. (3) Existing law prescribes the duties of the Controller, which generally regard supervision of the fiscal concerns of the state. Existing law requires the Controller to abolish a state position that is vacant for 6 consecutive monthly pay periods on the following July 1, and permits the Director of Finance to authorize reestablishment of a position abolished pursuant to this authority under certain conditions. Among other things, existing law requires the Controller to reestablish a position abolished pursuant to this authority if the director of the department in which that position existed prior to abolishment makes a certification by August 15, as specified. This bill would repeal the provisions pertaining to vacant positions described above. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
An act to amend Sections 22775, 22781, 22844, 22865, 22866, and 22940 of, to add Section 22843.1 to, and to repeal Section 12439 of, the Government Code, relating to state government, and making an appropriation therefor, to take effect immediately, bill related to the budget.
The people of the State of California do enact as follows: SECTION 1. Section 89724 of the Education Code is amended to read: 89724. (a) All money received in accordance with the following shall be appropriated for the support of the California State University in addition to other amounts as may be appropriated by the Legislature: (1) All money received from the sale of California State University publications. (2) All money received under an agreement entered into pursuant to Section 89036. (3) Except as to the fees and charges specified in subdivisions (g) and (h) of Section 89721, all money collected as fees from students of the California State University and received from other persons under Sections 89030, 89036 to 89039, inclusive, 89700, 89705, 89708, 89709, 89720, and 89721, and money received pursuant to Section 2080.8 of the Civil Code. (b) Money received under Sections 89720 and 89721, or received pursuant to Section 2080.8 of the Civil Code, is appropriated pursuant to subdivision (a) without regard to fiscal year. Money received pursuant to Section 2080.8 of the Civil Code shall be used for student scholarships and loans pursuant to any regulations the trustees shall provide, and while held pending the grant of a scholarship or loan, may be invested by the Treasurer upon approval of the trustees, in those eligible securities listed in Section 16430 of the Government Code. All interest or other earnings received pursuant to that investment shall also be used for those scholarships and loans. provide. Money received pursuant to Sections 89720 and 89721 may be invested, upon approval of the trustees, by the Treasurer or by the chief fiscal officer of a campus of the California State University, in those eligible securities listed in Section 16430 of the Government Code. Money received under Sections 89720 and 89721, and received pursuant to Section 2080.8 of the Civil Code, may also be invested, upon approval of the trustees and in accordance with Section 89726, by the chief fiscal officer of a campus of the California State University, in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in real estate investment trusts. All interest and other earnings received pursuant to the investment of money received pursuant to Sections 89720 and 89721 shall also be used for such purposes as may be established by the trustees consistent with the terms and conditions of the gift, bequest, devise, donation, or agreement under Sections 89720 and 89721. Except as otherwise provided with respect to money received pursuant to Section 2080.8 of the Civil Code and Sections 89720 and 89721, all money received pursuant to this section shall augment the support appropriation to the California State University for the fiscal year to which the collections apply. (c) All money received from the sale or the disposition of real property acquired by or on behalf of a campus of the California State University by gift, devise, or donation pursuant to Section 89720 or pursuant to the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for the acquisition and improvement of real property for the campus, in addition to any other amounts appropriated by the Legislature. All money received from the sale or other disposition of personal property, other than money, acquired by or on behalf of a campus of the California State University by gift, bequest, or donation pursuant to Section 89720 or the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for, or the acquisition and improvement of real or personal property for, the campus, in addition to other amounts appropriated by the Legislature. No money shall be expended by the trustees under this subdivision without the approval of the Director of Finance. The money shall augment the support or capital outlay appropriation of the California State University current at the date of issuance of the Controller’s receipt as may be designated by the trustees prior to their deposit the deposit of that money in the State Treasury. SEC. 2. Section 89725 of the Education Code is amended to read: 89725. (a) Notwithstanding any law to the contrary, grants, revenues, and funds of any nature received by the trustees for research, workshops, conferences, institutes, and special projects from the state, federal government, local government, or private persons, may be transmitted to the Treasurer and, if transmitted, shall be deposited in the California State University Special Projects Fund, which is hereby established in the State Treasury. (b) All grants, revenues, and funds deposited in the California State University Special Projects Fund are appropriated without regard to fiscal year to the trustees for the operation, support, and development of research, workshops, conferences, institutes, and special projects in the California State University. (c) Provision shall be made by the trustees for reimbursements to the General Fund for the cost of space and services furnished to projects funded by the California State University Special Projects Fund. (d) Notwithstanding any law to the contrary, the trustees shall have authority to establish the rules and procedures under which the fund shall operate. All expenditures shall be made in accordance with the rules and procedures, without prior approval of the Department of General Services or the Department of Finance. Expenditures from the fund shall be audited as frequently as the Audits Division of the Department of Finance deems appropriate. (e) (1)Except as provided in paragraph (2), moneys Moneys in the California State University Special Projects Fund may be invested by the Treasurer or by the chief fiscal officer of a campus of the California State University, upon approval of the trustees, only in eligible securities listed in Section 16430 of the Government Code. (2)Money received pursuant to Section 2080.8 of the Civil Code, may be invested, upon approval of the trustees and Code, or, in accordance with Section 89726, by the Treasurer or by the chief fiscal officer of a campus of the California State University, in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, Commission or in real estate investment trusts. All interest or other earnings received pursuant to those investments shall be collected by the Treasurer and shall be deposited in the fund. SEC. 3. Section 89726 is added to the Education Code, to read: 89726. (a) (1) The trustees may invest in securities or investments not listed in Section 16430 of the Government Code only if the trustees have established a committee to provide advice and expertise on investments. (2) A majority of the members of the committee shall be individuals who have investment expertise and who are not trustees. employees of the California State University. (3) The trustees shall allow the Treasurer to serve as a member of the committee or to appoint a deputy treasurer to serve as a member of the committee. (b) The total amount invested in securities or investments not listed in Section 16430 of the Government Code shall not exceed the following amounts: (1) In the fiscal year ending June 30, 2017, two hundred million dollars ($200,000,000). (2) In the fiscal year ending June 30, 2018, four hundred million dollars ($400,000,000). (3) In the fiscal year ending June 30, 2019, six hundred million dollars ($600,000,000). (4) In the fiscal year ending June 30, 2020, and each fiscal year thereafter, thirty percent of all moneys invested pursuant to Sections 89724 and 89725. (c) (1) The trustees shall receive an investment performance report quarterly and distribute an annual report to the Legislature, in compliance with Section 9795 of the Government Code, and the Department of Finance. (2) The investment performance reports shall include investment returns, comparisons to benchmarks, holdings, market values, and fees. (d) Any additional moneys earned through investments in securities or investments not listed in Section 16430 of the Government Code shall be used only for capital outlay or maintenance. (e) The trustees shall not submit a request to the Department of Finance or the Legislature for any funds to compensate for investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code. (f) The trustees shall not cite investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code to justify approval of an increase in student tuition or fees.
Existing law authorizes the Treasurer or chief fiscal officer of a campus of the California State University to invest certain money received by the California State University in eligible securities and in investment certificates or withdrawal shares in federal or state credit unions doing business in this state as long as any money invested in this manner is fully insured by the National Credit Union Administration. This bill would authorize the Treasurer or chief fiscal officer of a campus of the California State University to invest certain of those moneys that money in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in real estate investment trusts. The bill would impose specified requirements on the Trustees of the California State University relating to those types of investments. Existing law establishes the California State University Special Projects Fund, which consists of grants, revenues, and funds for the operation, support, and development of research, workshops, conferences, institutes, and special projects in the California State University. Existing law authorizes the Treasurer to invest money from the fund in eligible securities. This bill would authorize the Treasurer or chief fiscal officer of a campus of the California State University to invest the money in the California State University Special Projects Fund in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in real estate investment trusts. This bill would limit the total amount invested in these mutual funds and real estate investment trusts to specified amounts for each fiscal year, until, commencing with the 2019–20 fiscal year, up to 30% of that money could be invested in these asset categories.
An act to amend Sections 89724 and 89725 of, and to add Section 89726 to, the Education Code, relating to the California State University.
The people of the State of California do enact as follows: SECTION 1. Section 12803.2.5 13295.6 is added to the Government Code, to read: 12803.2.5. 13295.6. (a) The Secretary of Government Operations shall contract with an independent, third-party consulting firm to Office of State Audits and Evaluations within the Department of Finance shall assess the degree to which each activity and position related to the energy responsibilities of the Public Utilities Commission, as identified in the commission’s zero-based budget conducted pursuant to Section 318 of the Public Utilities Code, supports the core mission of the commission and to make recommendations as to how resources might be better allocated to achieve the core mission objectives of the commission. (b) The contracted consulting firm office shall provide to the Joint Legislative Budget Committee and the Department of Finance monthly updates on the progress of the assessment. (c) (1) By April 1, 2016, the Secretary of Government Operations office shall, pursuant to Section 9795, submit to the Legislature a report on the assessment. (2) Pursuant to Section 10231.5, this subdivision is inoperative on April 1, 2020. (d) The Public Utilities Commission shall reimburse the Government Operations Agency Department of Finance for the costs incurred pursuant to this section upon request by the agency department and appropriation by the Legislature. SEC. 2. Section 25751 of the Public Resources Code is amended to read: 25751. (a) The Renewable Resource Trust Fund is hereby created in the State Treasury. (b) The Emerging Renewable Resources Account is hereby established within the Renewable Resources Resource Trust Fund. Notwithstanding Section 13340 of the Government Code, the moneys in the account are hereby continuously appropriated to the commission without regard to fiscal years for the following purposes: (1) To close out the award of incentives for emerging technologies in accordance with former Section 25744, as this law existed prior to the enactment of the Budget Act of 2012, for which applications had been approved before the enactment of the Budget Act of 2012. (2) To close out consumer education activities in accordance with former Section 25746, as this law existed prior to the enactment of the Budget Act of 2012. (3) To provide funding for the New Solar Homes Partnership pursuant to paragraph (3) of subdivision (e) of Section 2851 of the Public Utilities Code. (c) The Controller shall provide to the commission funds pursuant to the continuous appropriation in, and for purposes specified in, subdivision (b). (d) The Controller shall provide to the commission moneys from the fund sufficient to satisfy all contract and grant awards that were made by the commission pursuant to former Sections 25744 and 25746, and Chapter 8.8 (commencing with Section 25780), as these laws existed prior to the enactment of the Budget Act of 2012. (e) If the Public Utilities Commission determines that the State Energy Resources Conservation and Development Commission should be the third-party administrator for the New Solar Homes Partnership Program pursuant to subparagraph (A) of paragraph (3) of subdivision (e) of Section 2851 of the Public Utilities Code, any additional moneys made available to fund the New Solar Homes Partnership Program shall be deposited into the Emerging Renewable Resources Account of the Renewable Resource Trust Fund and used for this purpose. SEC. 3. Section 306 of the Public Utilities Code is amended to read: 306. (a) The office of the commission shall be in the City and County of San Francisco. The office shall always be open, legal holidays and nonjudicial days excepted. The commission shall hold its sessions at least once in each calendar month in the City and County of San Francisco. Francisco or the City of Sacramento. The commission may also meet at such other times and in such other places as may be expedient and necessary for the proper performance of its duties, and for that purpose may rent quarters or offices. (b) The meetings of the commission shall be open and public in accordance with the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code. In addition to the requirements of Section 11125 of the Government Code, the commission shall include in its notice of meetings the agenda of business to be transacted, and no item of business shall be added to the agenda subsequent to the notice in the absence of an unforeseen emergency situation. A rate increase shall not constitute an unforeseen emergency situation. As used in this subdivision, “meeting” shall include all investigations, proceedings, and showings required by law to be open and public. (c) The commission shall have a seal, bearing the inscription “Public Utilities Commission State of California.” The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct. (d) The commission may procure all necessary books, maps, charts, stationery, instruments, office furniture, apparatus, and appliances. SEC. 4. Section 307.1 is added to the Public Utilities Code, to read: 307.1. (a) The commission shall notify the Joint Legislative Budget Committee when it enters into a contract for outside legal counsel to represent the commission in any criminal investigation at an expense exceeding one million dollars ($1,000,000) and shall provide a copy of the contract to that committee within 10 days of it being approved by the Department of General Services. (b) A contract of any size entered into by the commission for outside legal counsel in any criminal investigation shall not include terms providing for the representation of individual employees except as provided in Section 995.9 of the Government Code. Copies of any contract for the representation of individual employees in a criminal investigation pursuant to Section 995.9 of the Government Code shall be provided to the Joint Legislative Budget Committee within 10 days of the date the contract is approved by the Department of General Services. SEC. 2. SEC. 5. Section 309.5 of the Public Utilities Code is amended to read: 309.5. (a) There is within the commission an independent Office of Ratepayer Advocates to represent and advocate on behalf of the interests of public utility customers and subscribers within the jurisdiction of the commission. The goal of the office shall be to obtain the lowest possible rate for service consistent with reliable and safe service levels. For revenue allocation and rate design matters, the office shall primarily consider the interests of residential and small commercial customers. (b) (1) The director of the office shall be appointed by, and serve at the pleasure of, the Governor, subject to confirmation by the Senate. (2) The director shall annually appear before the appropriate policy committees of the Assembly and the Senate to report on the activities of the office. (c) The director shall develop a budget for the office that shall be subject to final approval of the Department of Finance. As authorized in the approved budget, the office shall employ personnel and resources, including attorneys and other legal support staff, at a level sufficient to ensure that customer and subscriber interests are effectively represented in all significant proceedings. The office may employ experts necessary to carry out its functions. The director may appoint a lead attorney who shall represent the office, and shall report to and serve at the pleasure of the director. (d) The commission shall coordinate with the office to develop appropriate procedures to ensure that the existence of the office does not create a conflict of roles for any employee. The procedures shall include, but shall not be limited to, the development of a code of conduct and procedures for ensuring that advocates and their representatives on a particular case or proceeding are not advising decisionmakers on the same case or proceeding. (e) The office may compel the production or disclosure of any information it deems necessary to perform its duties from any entity regulated by the commission, provided that any objections to any request for information shall be decided in writing by the assigned commissioner or by the president of the commission, if there is no assigned commissioner. (f) There is hereby created the Public Utilities Commission Ratepayer Advocate Account in the General Fund. Moneys from the Public Utilities Commission Utilities Reimbursement Account in the General Fund shall be transferred in the annual Budget Act to the Public Utilities Commission Ratepayer Advocate Account. The funds in the Public Utilities Commission Ratepayer Advocate Account shall be a budgetary program fund administered and utilized exclusively by the office in the performance of its duties as determined by the director. The director shall annually submit a staffing report containing a comparison of the staffing levels for each five-year period. (g) On or before January 10 of each year, the office shall provide to the chairperson of the fiscal committee of each house of the Legislature and to the Joint Legislative Budget Committee all of the following information: (1) The number of personnel years utilized during the prior year by the Office of Ratepayer Advocates. (2) The total dollars expended by the Office of Ratepayer Advocates in the prior year, the estimated total dollars expended in the current year, and the total dollars proposed for appropriation in the following budget year. (3) Workload standards and measures for the Office of Ratepayer Advocates. (h) The office shall meet and confer in an informal setting with a regulated entity prior to issuing a report or pleading to the commission regarding alleged misconduct, or a violation of a law or a commission rule or order, raised by the office in a complaint. The meet and confer process shall be utilized in good faith to reach agreement on issues raised by the office regarding any regulated entity in the complaint proceeding. SEC. 3. Section 326.6 is added to the Public Utilities Code , to read: 326.6. The commission shall not fund any program by a state entity using charges collected from ratepayers unless expressly authorized to do so by statute enacted by the Legislature, including the annual Budget Act. SEC. 4. SEC. 6. Section 326.7 is added to the Public Utilities Code, to read: 326.7. The commission, Department of Finance, on a semiannual basis, shall provide to the Joint Legislative Budget Committee a written notification of any redirection of funds and positions, positions within the commission, including any loaning of staff to other state agencies or departments. SEC. 5. SEC. 7. Section 327.5 is added to the Public Utilities Code, to read: 327.5. (a) The California Research Bureau shall conduct a review of the organization of the commission to ensure that the commission is the best governmental entity to continue to direct, regulate, and oversee activities under the commission’s jurisdiction, including safety enforcement, in energy, communications, transportation, and water sectors, to determine whether other governmental entities are duplicating the activities of the commission, and to determine whether other governmental entities are better situated to regulate and oversee those activities. (b) In conducting the review, the California Research Bureau, in consultation with appropriate state entities, shall do all of the following: (1) Make recommendations as to which state or local agencies are best suited to regulate and oversee those activities specified in subdivision (a). (2) Make recommendations for improving oversight, regulation, and efficiency to best serve California’s ratepayers, businesses, and utilities. (3) Estimate the costs associated with the implementation of its recommendations. SEC. 8. Section 769.5 is added to the Public Utilities Code, to read: 769.5. (a) By April 1, 2016, the commission shall establish an expedited distribution grid interconnection dispute resolution process with the goal of resolving disputes over interconnection applications that are within the jurisdiction of the commission in no more than 60 days from the time the dispute is formally brought to the commission. (b) The expedited distribution grid interconnection dispute resolution process shall include the following elements: (1) A distribution grid interconnection technical advisory panel consisting of at least eight individuals selected by the commission. Four of the technical advisory panel members shall be from electrical corporations and four shall not be from electrical corporations. The commission shall determine the length of the term of each member. If any member of the panel is an employee of, or contractor to, an electrical corporation, an employee of a vendor with an open application, or has a financial interest or financial relationship to a person or corporation with a financial interest in the outcome of the decision, that member shall not participate in any discussion involving that electrical corporation, vendor, or financially interested person or corporation. (2) A review panel of four members shall be selected from the technical advisory panel for each dispute. (3) If an applicant is unable to resolve an interconnection-related dispute after working with the electrical corporation operating the distribution grid, the applicant may seek resolution of the dispute using the commission’s expedited distribution grid interconnection dispute resolution process. (4) Upon agreeing to a final settlement of the dispute, parties shall be free to withdraw from the dispute resolution process. (5) If the dispute is filed with the commission, the commission shall ensure that a technical advisory panel shall review the dispute and make a recommendation to the executive director of the commission within 30 days of receiving the dispute. (6) The commission shall establish a public process to allow the electrical corporation, the applicant, and other interested parties to file written comments on the recommendation of the technical advisory panel. (7) The panel shall request appropriate documents from the electrical corporation involved in the dispute, including, but not limited to, interconnection application studies. (8) The scope of the technical advisory panel’s review shall be limited to issues regarding compliance with the established interconnection rules. Any recommendations shall ensure safe and reliable interconnection. (9) The scope of the technical advisory panel’s review is limited to making recommendations to resolve specific customer disputes and recommending associated corrective actions, and the panel shall have no authority to assess penalties. (10) Upon receipt of the recommendation from the technical advisory panel, the executive director shall have 30 days to review the recommendation and to prepare an order to the electrical corporation resolving the dispute. If the review panel from the technical advisory panel cannot agree on recommendations, then each recommendation of a review panel member shall be submitted to the executive director, who shall make the decision resolving the dispute. (11) Any interested person seeking commission review of the executive director’s determination shall file the request for review within 10 days of the determination. Upon receipt of the request for review, the executive director or the energy division director shall prepare a proposed resolution of the matter for approval by the commission. (c) The commission shall provide the members of the technical advisory panel that are not from electrical corporations with an appropriate per diem compensation consistent with Section 19822.5 of the Government Code. SEC. 6. SEC. 9. The Public Utilities Commission shall report to the relevant policy and fiscal committees of the Legislature on the outcomes of the California Hub for Energy Efficiency Financing, or CHEEF, program. The commission shall not approve any extension of the CHEEF program sooner than 30 days after making its report pursuant to this section. SEC. 7. SEC. 10. The sum of five million dollars ($5,000,000) is hereby appropriated from the Public Utilities Commission Utilities Reimbursement Account to the Public Utilities Commission for the support of the commission. SEC. 8. SEC. 11. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.
The California Constitution establishes the Public Utilities Commission (PUC) with jurisdiction over all public utilities, authorizes the commission PUC to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process, and authorizes the commission PUC to fix the rates and establish rules for public utilities, subject to control by the Legislature. The The Public Utilities Act provides that the office of the PUC shall be in the City and County of San Francisco, requires that the PUC hold its sessions at least once in each calendar month in the City and County of San Francisco, and authorizes the PUC to also meet at those other times and places as may be expedient and necessary for the proper performance of its duties. This bill would require that the PUC hold its sessions at least once in each calendar month in the City and County of San Francisco or the City of Sacramento. The Public Utilities Act authorizes the PUC to appoint an attorney for the PUC who holds that office at the pleasure of the PUC. The act requires the PUC’s attorney to commence, prosecute, and expedite the final determination of all actions and proceedings directed or authorized by the president, except as otherwise directed or authorized by vote of the PUC, to advise the PUC and each commissioner in regard to all matters in connection with the powers and duties of the PUC or a commissioner, when requested, and generally to perform all duties and services as attorney to the PUC that the president, or vote of the PUC, may require of him or her. This bill would require the PUC to notify the Joint Legislative Budget Committee when it enters into a contract for outside legal counsel to represent the PUC in any criminal investigation at an expense exceeding $1,000,000 and to provide a copy of the contract to that committee within 10 days of it being approved by the Department of General Services. Existing law provides that upon request made in writing to a public entity, that public entity may, in its discretion, defend or indemnify or defend and indemnify any witness who has testified on behalf of the public entity in any criminal, civil, or administrative action, except as specified. This bill would prohibit the PUC from including in a contract for outside legal counsel terms providing for the representation in any criminal matter of individual employees except as provided in the above-described law. The bill would require the PUC to supply the Joint Legislative Budget Committee with a copy of the contract to represent an individual employee in a criminal investigation pursuant to the above-described law within 10 days of the date the contract is approved by the Department of General Services. The Public Utilities Act establishes an independent Office of Ratepayer Advocates within the Public Utilities Commission, PUC to represent the interests of public utility customers and subscribers, with the goal of obtaining the lowest possible rate for service consistent with reliable and safe service levels. Existing law requires the director of the office to develop a budget for the office that is submitted to the Department of Finance for final approval. Existing law authorizes the director of the office to appoint a lead attorney to represent the office and requires the lead attorney to obtain adequate legal personnel for the work to be conducted by the office from the Public Utilities Commission’s PUC’s attorney and requires the Public Utilities Commission’s PUC’s attorney to timely and appropriately fulfill all requests for legal personnel made by the lead attorney for the office, provided the office has sufficient moneys and positions in its budget for the services requested. Existing law requires the commission PUC to develop appropriate procedures to ensure that the existence of the office does not create a conflict of roles for any employee. This bill would delete the requirement that the lead attorney obtain adequate legal personnel for the work to be conducted by the office from the Public Utilities Commission’s PUC’s attorney and the requirement that the Public Utilities Commission’s PUC’s attorney timely and appropriately fulfill all requests for legal personnel made by the lead attorney for the office. The bill would require the commission PUC to coordinate with the office in developing appropriate procedures to ensure that the existence of the office does not create a conflict of roles for any employee. The California Constitution provides that the Legislature has plenary power, unlimited by the other provisions of the constitution, to confer additional authority and jurisdiction upon the commission that is cognate and germane to the regulation of public utilities. The Public Utilities Act authorizes the commission to supervise and regulate every public utility and to do all things that are necessary and convenient in the exercise of its power and jurisdiction whether specifically designated in the act or in addition thereto. This bill would prohibit the commission from funding any program by a state entity using charges collected from public utility ratepayers unless expressly authorized to do so by statute enacted by the Legislature, including the annual Budget Act. Existing law requires the commission PUC to submit to the Joint Legislative Budget Committee reports on all sources and amount of funding and actual and proposed expenditures for various activities. This bill would require the commission, Department of Finance, on a semiannual basis, to provide the Joint Legislative Budget Commission a written notification of any redirection of funds and positions, positions within the PUC, including any loaning of staff to other state agencies or departments. The bill would require the California Research Bureau to conduct a review of the organization of the commission PUC to ensure that the commission PUC is the best governmental entity to direct, regulate, and oversee specified public utility sectors. Existing decisions of the commission PUC establish the California Hub for Energy Efficiency Financing, or CHEEF, program, a 2-year pilot program administered by the California Alternative Energy and Advanced Transportation Financing Authority and funded through charges collected by specified electrical corporations and gas corporations from their ratepayers. The bill would require the commission to report to the relevant policy and fiscal committees of the Legislature on the outcomes of the CHEEF program and would prohibit the commission PUC from approving any extension of the program sooner than 30 days after making its report. Existing law establishes the Government Operations Agency consisting of certain state entities, including the Department of Human Resources, which is governed by the Secretary of Government Operations. Existing law places various duties upon the PUC with respect to distributed generation and requires each electrical corporation, as defined, to submit to the PUC for its approval a distribution resources plan proposal to identify optimal locations for the deployment of distributed resources, as defined. Pursuant to existing law, the PUC has established operational and metering requirements for a generation facility to be interconnected to an electrical corporation’s distribution grid. This bill would require the PUC, by April 1, 2016, to establish an expedited distribution grid interconnection dispute resolution process, as specified, with the goal of resolving disputes over interconnection applications within the jurisdiction of the PUC in no more than 60 days from the time the dispute is formally brought to the PUC. Decisions of the PUC adopted the California Solar Initiative administered by electrical corporations and subject to the PUC’s supervision. Existing law requires the PUC and the State Energy Resources Conservation and Development Commission (Energy Commission) to undertake certain steps in implementing the California Solar Initiative and requires the PUC to ensure that the total cost over the duration of the program does not exceed $3,550,800,000. Existing law specifies that the financial components of the California Solar Initiative include the New Solar Homes Partnership Program, which is administered by the Energy Commission. Existing law requires the program to be funded by charges in the amount of $400,000,000 collected from customers of the state’s 3 largest electrical corporations. If moneys from the Renewable Resource Trust Fund for the program are exhausted, existing law authorizes the PUC, upon notification by the Energy Commission, to require those electrical corporations to continue the administration of the program pursuant to the guidelines established by the Energy Commission for the program until the $400,000,000 monetary limit is reached. Existing law authorizes the PUC to determine if a 3rd party, including the Energy Commission, should administer the electrical corporations’ continuation of the program. Existing law makes the New Solar Homes Partnership Program inoperative on June 1, 2018, and requires any funding made available be encumbered no later than June 1, 2018, and disbursed no later than December 31, 2021. If the PUC determines that the Energy Commission should be the 3rd-party administrator for the New Solar Homes Partnership Program, this bill would require that any additional moneys made available to fund the New Solar Homes Partnership Program be deposited into the Emerging Renewable Resources Account of the Renewable Resource Trust Fund and used for this purpose. Existing law authorizes the Department of Finance to furnish services, or provide work for, any other state agency as requested by the Legislature and authorizes the department to charge an amount sufficient to recover the cost of furnishing services or the work performed. The This bill would require the Secretary of Government Operations to contract with an independent, 3rd-party consulting firm to Office of State Audits and Evaluations within the Department of Finance to assess the degree to which each activity and position related to the energy responsibilities of the commission PUC supports the core mission of the commission. PUC and to make recommendations as to how resources might be better allocated to achieve the core mission objectives of the PUC. The bill would require the secretary, office, by April 1, 2016, to submit a report to the Legislature on the assessment. The bill would require the PUC to reimburse the department for the costs incurred by the office upon request by the department. The bill would appropriate $5,000,000 to the commission PUC for the support of the commission. PUC. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
An act to add Section 12803.2.5 13295.6 to the Government Code, to amend Section 25751 of the Public Resources Code, and to amend Section Sections 306 and 309.5 of, and to add Sections 326.6, 307.1, 326.7, and 327.5 327.5, and 769.5 to, the Public Utilities Code, relating to the Public Utilities Commission, and making an appropriation therefor, to take effect immediately, bill related to the budget.
The people of the State of California do enact as follows: SECTION 1. Section 208.3 is added to the Welfare and Institutions Code, to read: 208.3. (a) For purposes of this section, the following definitions shall apply: (1) “Juvenile facility” includes any of the following: (A) A juvenile hall, as described in Section 850. (B) A juvenile camp or ranch, as described in Article 24 (commencing with Section 880). (C) A facility of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. (D) A regional youth educational facility, as described in Section 894. (E) A youth correctional center, as described in Article 9 (commencing with Section 1850) of Chapter 1 of Division 2.5. (F) Any other local or state facility used for the confinement of minors or wards. (2) “Minor” means a person who is any of the following: (A) A person under 18 years of age. (B) A person under the maximum age of juvenile court jurisdiction who is confined in a juvenile facility. (C) A person under the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. (3) “Solitary confinement” means the placement of an incarcerated person in a locked sleep room or cell alone with minimal or no contact with persons other than guards, correctional facility staff, and attorneys. Solitary confinement does not include confinement of a person in a single-person room or cell for brief periods of locked-room confinement necessary for required institutional operations, including, but not limited to, shift changes, showering, unit movements, and protection against communicable diseases with the written approval of a licensed physician for the shortest amount of time required to reduce the risk of infection in cases where a person is not required to be in an infirmary for an illness. (4) “Voluntary time out” means a brief period of time in a sleep room or cell upon the written and signed request of the person confined in a juvenile facility. (5) “Ward” means a person who has been declared a ward of the court pursuant to subdivision (a) of Section 602. (b) A person confined in a juvenile facility who is an imminent danger to himself, herself, or others as a result of a mental disorder, or who is gravely disabled, as defined in subdivision (h) of Section 5008, shall not be subject to solitary confinement. (c) A person confined in any secure state or local juvenile facility, and who is not described in subdivision (b), shall be subject to solitary confinement only if all of the following are true: (1) The person poses an immediate and substantial risk of harm to the security of the facility, to himself or herself, or to others that is not the result of a mental disorder. (2) All other less-restrictive options to address the risk have been attempted and exhausted. (3) The performance of solitary confinement is done in accordance with the following guidelines: (A) The person may be held in solitary confinement only for the minimum time required to address the risk, and for a period of time that does not compromise the mental and physical health of the minor or ward, but not to exceed four hours. After the person is held in solitary confinement, the person shall be returned to regular programming or placed in individualized programming that does not involve solitary confinement. If a person who is released from solitary confinement and is returned to regular or individualized programming poses an immediate and substantial risk of harm to himself or herself, or to others, he or she may be placed back into solitary confinement only in accordance with the protections and requirements of this section, and that confinement shall be treated as a new and separate use of solitary confinement for the purposes of subdivisions (c), (d), and (e). (B) If a person in solitary confinement poses a risk of harm to himself or herself that is not a result of a mental disorder, the condition of the person shall be monitored closely by custody staff of the juvenile facility. (C) The use of consecutive periods of solitary confinement in excess of four hours shall be prohibited. (d) Solitary confinement shall not be used for the purposes of discipline, punishment, coercion, convenience, or retaliation by staff. (e) For each incident when solitary confinement is used, each local and state juvenile facility shall document the usage of solitary confinement, including all of the following: (1) The name, age, gender, and race of the person subject to solitary confinement. (2) The date and time the person was placed in solitary confinement. (3) The date and time the person was released from solitary confinement. (4) The name and position of person authorizing the placement of the person in solitary confinement. (5) The names of staff involved in the incident leading to the use of solitary confinement. (6) A description of circumstances leading to use of solitary confinement. (7) A description of alternative actions and sanctions attempted and found unsuccessful. (8) The dates and times when staff checked in on the person when he or she was in solitary confinement, and the person’s behavior during the check. (f) The records described in subdivisions (e) and (h), excluding any identifying information, shall be available for public inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (g) If a state or local juvenile facility currently documents the usage of solitary confinement consistent with the requirements imposed under subdivision (e) and meets the requirements of subdivision (f), then duplicative documentation shall not be required. (h) A person confined in a juvenile facility may request a voluntary time out for no longer than two hours. hours in a 24 -hour period. During any voluntary time out, the person shall may participate in all programming and meals. The person may end his or her voluntary time out at any point upon notifying a staff member. Voluntary time outs shall be documented and include the name of the person requesting the time out, his or her signature, when the voluntary time out began, and when it ended. (i) This section is not intended to limit the use of single-person rooms or cells for the housing of persons in juvenile facilities. (j) This section does not apply to minors or wards in court holding facilities or adult facilities. (k) Nothing in this section shall be construed to conflict with any law providing greater or additional protections to minors or wards. SEC. 2. Section 225 of the Welfare and Institutions Code is amended to read: 225. (a) In each county there shall be a juvenile justice commission consisting of not less than 7 and no more than 15 citizens. Two or more of the members shall be persons who are 14 to 21 years of age, inclusive. Two or more of the members shall be parents or guardians of previously incarcerated youth. One member shall be a licensed psychiatrist, licensed psychologist, or licensed clinical social worker with expertise in adolescent development. Each person serving as a member of a probation committee immediately prior to September 15, 1961, shall be a member of the juvenile justice commission and shall continue to serve until his or her term of appointment as a member of the probation committee would have expired under any prior law. Upon a vacancy occurring in the membership of the commission, and upon the expiration of the term of office of any member, a successor shall be appointed by the presiding judge of the superior court with the concurrence of the judge of the juvenile court or, in a county having more than one judge of the juvenile court, with the concurrence of the presiding judge of the juvenile court for a term of four years. If a vacancy occurs for any reason other than the expiration of a term of office, the appointee to fill the vacancy shall hold office for the unexpired term of his or her predecessor. (b) Appointments may be made by the presiding judge of the superior court, in the same manner designated in this section for the filling of vacancies, to increase the membership of a commission to the maximum of 15 members in any county that has a commission with a membership of less than 15 members. (c) In any county in which the membership of the commission, on the effective date of amendments to this section enacted at the 1971 Regular Session of the Legislature, exceeds the maximum number permitted by this section, no additional appointments shall be made until the number of commissioners is less than the maximum number permitted by this section. In any case, that county’s commission membership shall, on or after January 1, 1974, be no greater than the maximum number permitted by this section. SEC. 3. Section 226 of the Welfare and Institutions Code is amended to read: 226. In lieu of county juvenile justice commissions, the boards of supervisors of two or more adjacent counties may agree to establish a regional juvenile justice commission consisting of not less than 10 citizens, and having a sufficient number of members so that their appointment may be equally apportioned between the participating counties. Two or more of the members shall be persons who are 14 to 21 years of age, inclusive. Two or more of the members shall be parents or guardians of previously incarcerated youth. One member shall be a licensed psychiatrist, licensed psychologist, or licensed clinical social worker with expertise in adolescent development. The presiding judge of the superior court with the concurrence of the judge of the juvenile court or, in a county having more than one judge of the juvenile court, with the concurrence of the presiding judge of the juvenile court of each of the participating counties shall appoint an equal number of members to the regional justice commission and the members shall hold office for a term of four years. Of those first appointed, however, if the number of members appointed is an even number, one-half shall serve for a term of two years and one-half shall serve for a term of four years. If the number of members first appointed is an odd number, the greater number nearest one-half shall serve for a term of two years and the remainder shall serve for a term of four years. The respective terms of the members first appointed shall be determined by lot as soon as possible after their appointment. Upon a vacancy occurring in the membership of the commission, and upon the expiration of the term of office of any member, a successor shall be appointed by the presiding judge of the superior court with the concurrence of the judge of the juvenile court or, in a county having more than one judge of the juvenile court, with the concurrence of the presiding judge of the juvenile court of the county that originally appointed the vacating or retiring member. If a vacancy occurs for any reason other than the expiration of a term of office, the appointee shall hold office for the unexpired term of his or her predecessor. SEC. 4. Section 229 of the Welfare and Institutions Code is amended to read: 229. (a) It shall be the duty of a juvenile justice commission to inquire into the administration of the juvenile court law in the county or region in which the commission serves. For this purpose the commission shall have access to all publicly administered institutions authorized or whose use is authorized by this chapter situated in the county or region, shall inspect those institutions at least once a year, and may hold public hearings. A judge of the juvenile court may issue subpoenas requiring attendance and testimony of witnesses and production of papers at hearings of the commission. (b) A juvenile justice commission shall annually inspect any jail, lockup, or facility within the county that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor. As a part of the annual inspection, a juvenile justice commission shall review the records of the jail, lockup, or facility relating to the use of solitary confinement, as defined in paragraph (3) of subdivision (a) of Section 208.3. The commission shall report the results of the inspection, together with its recommendations based thereon, in writing, to the juvenile court, the county board of supervisors, and to the Board of State and Community Corrections. The report shall be presented annually as part of a regularly scheduled public meeting of the county board of supervisors, and may be published on the county government’s Internet Web site. SEC. 5. Section 230 of the Welfare and Institutions Code is amended to read: 230. A juvenile justice commission may recommend to any person charged with the administration of any of the provisions of this chapter those changes it has concluded, after investigation, will be beneficial. A commission may publicize its recommendations on the county government’s Internet Web site or other publicly accessible medium. SEC. 6. The Legislature finds and declares that Section 1 of this act, which adds Section 208.3 to the Welfare and Institutions 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: In order to protect the privacy and medical information of persons confined in secure state and local juvenile facilities and held in solitary confinement, it is necessary that identifying information about those persons be kept confidential. SEC. 7. 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 permits minors who are detained in juvenile hall for habitual disobedience, truancy, or curfew violation to be held in the same facility as minors who are detained for violating any law or ordinance defining a crime, if they do not come or remain in contact with each other. Existing law also permits the detention of minors in jails and other secure facilities for the confinement of adults if the minors do not come or remain in contact with confined adults and other specified conditions are met. Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary detention for a period of 72 hours for the evaluation of a person, including a minor who is dangerous to himself or herself or others, or gravely disabled, as defined. This bill would prohibit a person confined in a juvenile facility who is an imminent danger to himself, herself, or others as a result of a mental disorder, or who is gravely disabled, from being subject to solitary confinement. The bill would also prohibit a person, other than a person described above, who is detained in any secure state or local juvenile facility from being subject to solitary confinement unless certain conditions are satisfied, including that the person poses an immediate and substantial risk of harm to the security of the facility, to himself or herself, or to others that is not the result of a mental disorder. The bill would permit, if those conditions are satisfied, the person to be held in solitary confinement only in accordance with specified guidelines, including that the person be held in solitary confinement only for the minimum time required to address the risk, and that does not compromise the mental and physical health of the person, but no longer than 4 hours. The bill would require each local and state juvenile facility to document the usage of solitary confinement, as prescribed. The bill would authorize a person confined in a juvenile facility to request a voluntary time out, as defined, for no longer than 2 hours in a 24 -hour period and would require voluntary time outs to be documented. By increasing the duties of local juvenile facilities, the bill would impose a state-mandated local program. (2) Existing law establishes a juvenile justice commission in each county, but authorizes the boards of supervisors of 2 or more adjacent counties to agree to establish a regional juvenile justice commission in lieu of a county juvenile justice commission. Existing law specifies the membership of these commissions, including that 2 or more members shall be persons who are 14 to 21 years of age, inclusive, and that a regional juvenile justice commission shall consist of not less than 8 citizens. This bill would increase the membership of a regional juvenile justice commission to no less than 10 members. The bill would also require that 2 or more members of a juvenile justice commission or a regional juvenile justice commission be parents or guardians of previously incarcerated youth, and one member be a licensed psychiatrist, licensed psychologist, or licensed clinical social worker with expertise in adolescent development. Existing law requires a juvenile justice commission to annually inspect any jail or lockup that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor, and to report the results of the inspection, together with its recommendations based thereon, in writing, to the juvenile court and the Board of State and Community Corrections. This bill would instead require a juvenile justice commission to inspect any jail, lockup, or facility that, in the preceding calendar year, was used for confinement for more than 24 hours of any minor and would require, as a part of that inspection, a review of the records of the jail, lockup, or facility relating to the use of solitary confinement. The bill would require the commission to report the results of the inspection, together with its recommendations based thereon, in writing, to the juvenile court, the Board of State and Community Corrections, and the county board of supervisors. The bill would require the commission to annually present its report at a regularly scheduled public meeting of the county board of supervisors, and to publish the report on the county government’s Internet Web site. The bill also would authorize a commission to publicize its recommendations made to any person charged with administration of the Juvenile Court Law on the county government’s Internet Web site or other publicly accessible medium. By increasing the duties of local commissions and county boards of supervisors, this bill would impose a state-mandated local program. (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. (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.
An act to amend Sections 225, 226, 229, and 230 of, and to add Section 208.3 to, the Welfare and Institutions Code, relating to juveniles.
The people of the State of California do enact as follows: SECTION 1. The Legislature hereby finds and declares as follows: (a) Many areas of the state are disproportionately impacted by drought because they are heavily dependent or completely reliant on groundwater from basins that are in overdraft and in which the water table declines year after year or from basins that are contaminated. (b) There are a number of state grant and loan programs that provide financial assistance to communities to address drinking water and wastewater needs. Unfortunately, there is no program in place to provide similar assistance to individual homeowners who are reliant on their own groundwater wells and who may not be able to afford conventional private loans to undertake vital water supply, water quality, and wastewater improvements. (c) The program created by this act is intended to bridge that gap by providing low-interest loans, grants, or both, to individual homeowners to undertake actions necessary to provide safer, cleaner, and more reliable drinking water and wastewater treatment. These actions may include, but are not limited to, digging deeper wells, improving existing wells and related equipment, addressing drinking water contaminants in the homeowner’s water, or connecting to a local water or wastewater system. SEC. 2. Chapter 6.6 (commencing with Section 13486) is added to Division 7 of the Water Code, to read: CHAPTER 6.6. Water and Wastewater Loan and Grant Program 13486. (a) The board shall establish a program in accordance with this chapter to provide low-interest loans and grants to local agencies for low-interest loans and grants to eligible applicants for any of the following purposes: (1) Extending or connecting service lines from a water or wastewater system to the applicant’s residence or plumbing. (2) Paying reasonable charges or fees for connecting to a water or wastewater system. (3) Paying costs to close abandoned septic tanks and water wells, as necessary, to protect health and safety as required by local or state law. (4) Deepening an existing groundwater well. (5) Improving an existing groundwater well, including associated equipment. (6) Installing a water treatment system if the groundwater exceeds a primary or secondary drinking standard, as defined in Section 116275 of the Health and Safety Code. (b) The board may adopt any regulation it determines is necessary to carry out the purposes of the chapter. A regulation adopted pursuant to this subdivision shall not be subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. 13487. (a) The Water and Wastewater Loan and Grant Fund is hereby created in the State Treasury. The moneys in the Water and Wastewater Loan and Grant Fund are available, upon appropriation by the Legislature, to the board for expenditure in accordance with this chapter. (b) The following moneys shall be deposited in the Water and Wastewater Loan and Grant Fund: (1) Moneys repaid to the board pursuant to a grant or loan made in accordance with this chapter, including interest payments. (2) Notwithstanding Section 16475 of the Government Code, any interest earned upon the moneys in the Water and Wastewater Loan and Grant Fund. 13488. (a) An eligible applicant for a loan shall meet all of the following criteria: (1) Have a household income below the statewide median household income. (2) Have an ownership interest in the residence. (3) Be unable to obtain financial assistance at reasonable terms and conditions from private lenders and lack the personal resources to undertake these improvements. (4) Demonstrate an ability to repay the loan. This requirement may be satisfied by having another party join the application as a cosigner. (b) Any loan granted shall be secured by a mortgage on the residence and repaid within 20 years in accordance with terms established by the board. The interest rate on the loan shall not exceed 1 percent. While any balance on the loan is outstanding, a loan recipient shall furnish evidence of and continually maintain homeowner’s insurance on the security residence to protect the state’s interest in the residence. (c) The board may enter into a contract with a private financial institution to provide loans consistent with the purposes of this chapter. If the board exercises this authority, the board may utilize a portion of the moneys in the Water and Wastewater Loan and Grant Fund to provide a loan guarantee or similar loss mitigation mechanism. 13489. (a) An eligible applicant for a grant shall meet all of the following criteria: (1) Have a household income that is 60 percent or less of the statewide median household income. (2) Have an ownership interest in the residence. (3) Be unable to obtain financial assistance at reasonable terms and conditions from private lenders and lack the personal resources to undertake these improvements. (b) A grant recipient shall repay to the board the grant amount in full if that recipient sells the residence less than five years from the date that the grant agreement was signed. (c) A grant recipient shall repay to the board any unused grant funds. SEC. 3. Ten million dollars ($10,000,000) is hereby transferred from the General Fund to the Water and Wastewater Loan and Grant Fund. 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 provide eligible households with access to safer, cleaner, and more reliable drinking water and wastewater treatment during California’s prolonged drought, it is necessary that this act take effect immediately. SECTION 1. Section 21168.6.7 is added to the Public Resources Code , to read: 21168.6.7. (a)For the purposes of this section “water project” means a project funded, in whole or in part, with proceeds of bonds sold pursuant to the Water Quality, Supply and Infrastructure Improvement Act of 2014 (Division 26.7 (commencing with Section 79700) of the Water Code). (b)Notwithstanding any other law, the procedures established pursuant to subdivision (c) shall apply to an action or proceeding brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a water project or the granting of any approvals for a water project. (c)On or before July 1, 2016, the Judicial Council shall adopt a rule of court to establish procedures applicable to actions or proceedings brought to attack, review, set aside, void, or annul the certification of the environmental impact report for a water project or the granting of any project approvals that require the actions or proceedings, including any potential appeals therefrom, be resolved, to the extent feasible, within 270 days of certification of the record of proceedings pursuant to subdivision (e). (d)(1)   The draft and final environmental impact report for a water project shall include a notice in not less than 12-point type stating the following: THIS EIR IS SUBJECT TO SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. ANY JUDICIAL ACTION CHALLENGING THE CERTIFICATION OF THE EIR OR THE APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE. A COPY OF SECTION 21168.6.7 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR. (2)The draft environmental impact report and final environmental impact report shall contain, as an appendix, the full text of this section. (3)Within 10 days after the release of the draft environmental impact report, the lead agency shall conduct an informational workshop to inform the public of the key analyses and conclusions of that report. (4)Within 10 days before the close of the public comment period, the lead agency shall hold a public hearing to receive testimony on the draft environmental impact report. A transcript of the hearing shall be included as an appendix to the final environmental impact report. (5)(A)   Within five days following the close of the public comment period, a commenter on the draft environmental impact report may submit to the lead agency a written request for nonbinding mediation. The lead agency and applicant shall participate in nonbinding mediation with all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 days after the close of the public comment period. (B)A request for mediation shall identify all areas of dispute raised in the comment submitted by the commenter that are to be mediated. (C)The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years experience in land use and environmental law or science, or mediation. The applicant shall bear the costs of mediation. (D)A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute. (E)The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead agency, the applicant, and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this subparagraph shall not raise the issue addressed by that measure as a basis for an action or proceeding challenging the lead agency’s decision to certify the environmental impact report or to grant one or more initial project approvals. (6)The lead agency need not consider written comments submitted after the close of the public comment period, unless those comments address any of the following: (A)New issues raised in the response to comments by the lead agency. (B)New information released by the public agency subsequent to the release of the draft environmental impact report, such as new information set forth or embodied in a staff report, proposed permit, proposed resolution, ordinance, or similar documents. (C)Changes made to the project after the close of the public comment period. (D)Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting and monitoring program required by paragraph (1) of subdivision (a) of Section 21081.6, where the lead agency releases those documents subsequent to the release of the draft environmental impact report. (E)New information that was not reasonably known and could not have been reasonably known during the public comment period. (7)The lead agency shall file the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152 within five days after the last initial project approval. (e)(1)   The lead agency shall prepare and certify the record of the proceedings in accordance with this subdivision and in accordance with Rule 3.1365 of the California Rules of Court. The applicant shall pay the lead agency for all costs of preparing and certifying the record of proceedings. (2)No later than three business days following the date of the release of the draft environmental impact report, the lead agency shall make available to the public in a readily accessible electronic format the draft environmental impact report and all other documents submitted to or relied on by the lead agency in the preparation of the draft environmental impact report. A document prepared by the lead agency or submitted by the applicant after the date of the release of the draft environmental impact report that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared or received by the lead agency. (3)Notwithstanding paragraph (2), documents submitted to or relied on by the lead agency that were not prepared specifically for the project and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright protected documents, the lead agency shall make an index of these documents available in an electronic format no later than the date of the release of the draft environmental impact report, or within five business days if the document is received or relied on by the lead agency after the release of the draft environmental impact report. The index must specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review. (4)The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any such comment available to the public in a readily accessible electronic format within five days of its receipt. (5)Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format. (6)The lead agency shall indicate in the record of the proceedings comments received that were not considered by the lead agency pursuant to paragraph (6) of subdivision (d) and need not include the content of the comments as a part of the record. (7)Within five days after the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152, the lead agency shall certify the record of the proceedings for the approval or determination and shall provide an electronic copy of the record to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy. (8)Within 10 days after being served with a complaint or a petition for a writ of mandate, the lead agency shall lodge a copy of the certified record of proceedings with the superior court. (9)Any dispute over the content of the record of the proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record shall file a motion to augment the record at the time it files its initial brief. (10)The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6. (f)(1)   (A)   In granting relief in an action or proceeding brought pursuant to this division, the court shall not stay or enjoin the construction or operation of a water project unless the court finds either of the following: (i)The continued construction or operation of the water project presents an imminent threat to the public health and safety. (ii)The water project site contains unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values that would be materially, permanently, and adversely affected by the continued construction or operation of the water project unless the court stays or enjoins the construction or operation of the water project. (B)If the court finds that clause (i) or (ii) is satisfied, the court shall only enjoin those specific activities associated with the water project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values. (2)An action or proceeding to attack, set aside, void, or annul a determination, finding, or decision of the lead agency granting a subsequent project approval shall be subject to the requirements of Chapter 6 (commencing with Section 21165). SEC. 2. 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.
Existing law, the Safe Drinking Water State Revolving Fund Law of 1997, establishes the Safe Drinking Water State Revolving Fund to provide grants or revolving fund loans for the design and construction of projects for public water systems that will enable those systems to meet safe drinking water standards. This bill would require the State Water Resources Control Board to establish a program to provide low-interest loans and grants to local agencies for low-interest loans and grants to eligible applicants for specified purposes relating to drinking water and wastewater treatment. This bill would create the Water and Wastewater Loan and Grant Fund and provide that the moneys in this fund are available, upon appropriation by the Legislature, to the board for expenditure for the program. This bill would transfer to the Water and Wastewater Loan and Grant Fund $10,000,000 from the General Fund. This bill would declare that it is to take effect immediately as an urgency statute. (1)The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA and a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency’s action on the grounds of noncompliance with CEQA. The Water Quality, Supply, and Infrastructure Improvement Act of 2014, (Proposition 1), approved by the voters on the November 2, 2014 statewide general election, authorizes the issuance of bonds in the amount of $7,120,000,000 pursuant to the State General Obligation Bond Law to finance a water quality, supply, and infrastructure improvement program. This bill would require the public agency, in certifying the environmental impact report and in granting approvals for projects funded, in whole or in part, by Proposition 1, including the concurrent preparation of the record of proceedings and the certification of the record of proceeding within 5 days of the filing of a specified notice, to comply with specified procedures. Because a public agency would be required to comply with those new procedures, this bill would impose a state-mandated local program. The bill would require the Judicial Council, on or before July 1, 2016, to adopt a rule of court to establish procedures applicable to actions or proceedings seeking judicial review of a public agency’s action in certifying the environmental impact report and in granting project approval for those projects that require the actions or proceedings, including any appeals therefrom, be resolved, to the extent feasible, within 270 days of the certification of the record of proceedings. The bill would prohibit a court from staying or enjoining those projects unless it makes specified findings. (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.
An act to add Section 21168.6.7 to the Public Resources Code, relating to environmental quality. An act to add Chapter 6.6 (commencing with Section 13486) to Division 7 of the Water Code, relating to water, and declaring the urgency thereof, to take effect immediately.
The people of the State of California do enact as follows: SECTION 1. Section 2196 of the Elections Code is amended to read: 2196. (a) (1) Notwithstanding any other provision of law, a person who is qualified to register to vote and who has a valid California driver’s license or state identification card may submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State. (2) An affidavit submitted pursuant to this section is effective upon receipt of the affidavit by the Secretary of State if the affidavit is received on or before the last day to register for an election to be held in the precinct of the person submitting the affidavit. (3) The affiant shall affirmatively attest to the truth of the information provided in the affidavit. (4) For voter registration purposes, the applicant shall affirmatively assent to the use of his or her signature from his or her driver’s license or state identification card. (5) For each electronic affidavit, the Secretary of State shall obtain an electronic copy of the applicant’s signature from his or her driver’s license or state identification card directly from the Department of Motor Vehicles. (6) The Secretary of State shall require a person who submits an affidavit pursuant to this section to submit all of the following: (A) The number from his or her California driver’s license or state identification card. (B) His or her date of birth. (C) The last four digits of his or her social security number. (D) Any other information the Secretary of State deems necessary to establish the identity of the affiant. (7) Upon submission of an affidavit pursuant to this section, the electronic voter registration system shall provide for immediate verification of both of the following: (A) That the applicant has a California driver’s license or state identification card and that the number for that driver’s license or identification card provided by the applicant matches the number for that person’s driver’s license or identification card that is on file with the Department of Motor Vehicles. (B) That the date of birth provided by the applicant matches the date of birth for that person that is on file with the Department of Motor Vehicles. (8) The Secretary of State shall employ use security measures to ensure the accuracy and integrity of voter registration affidavits submitted electronically pursuant to this section. (b) The Department of Motor Vehicles shall utilize use the electronic voter registration system required by this section to comply with its duties and responsibilities as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg et seq.). (c) The Department of Motor Vehicles and the Secretary of State shall develop a process and the infrastructure to allow the electronic copy of the applicant’s signature and other information required under this section that is in the possession of the department to be transferred to the Secretary of State and to the county election management systems to allow a person who is qualified to register to vote in California to register to vote under this section. (d) If an applicant cannot electronically submit the information required pursuant to paragraph (6) of subdivision (a), he or she shall nevertheless be able to complete the affidavit of voter registration electronically on the Secretary of State’s Internet Web site, print a hard copy of the completed affidavit, and mail or deliver the hard copy of the completed affidavit to the Secretary of State or the appropriate county elections official. (e) This chapter shall become operative upon the date that either of the following occurs: (1) The Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.). (2) The Secretary of State executes a declaration stating that all of the following conditions have occurred: (A) The United States Election Assistance Commission has approved the use of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301) funding to provide online voter registration in advance of the deployment of the statewide voter registration database or other federal funding is available and approved for the same purpose. (B) The Department of Motor Vehicles and the Secretary of State have developed a process and the infrastructure necessary to implement paragraph (5) of subdivision (a). (C) All county election management systems have been modified to receive and store electronic voter registration information received from the Secretary of State in order to allow a person who is qualified to register to vote in California to register to vote under this section. (f) For purposes of implementing this chapter as expeditiously as possible, if it becomes operative pursuant to paragraph (2) of subdivision (e), the Secretary of State’s office shall be exempt from information technology requirements included in Sections 11545, 11546, and 11547 of the Government Code and Section 12100 of the Public Contract Code, and from information technology project and funding approvals included in any other provision of law.
Under existing law, operative when the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 or executes a declaration stating that certain conditions have occurred, a person who is qualified to register to vote and who has a valid California driver’s license or state identification card is authorized to submit an affidavit of voter registration electronically on the Internet Web site of the Secretary of State. This bill would make technical, nonsubstantive changes to those provisions.
An act to amend Section 2196 of the Elections Code, relating to elections.
The people of the State of California do enact as follows: SECTION 1. Chapter 1.1 (commencing with Section 7283.60) is added to Part 1.7 of Division 2 of the Revenue and Taxation Code, to read: CHAPTER 1.1. Voluntary Occupancy Tax Collection 7283.60. For purposes of this chapter, the following terms have the following meanings: (a) “Participating platform” means a platform that assumes the responsibility for collecting and remitting to a city, county, or city and county on behalf of an operator in a participating jurisdiction pursuant to this chapter, the amount of transient occupancy tax on a rental transaction that is facilitated by the platform for a unit that is offered for occupancy for tourist or transient use for compensation to the operator within a participating jurisdiction. (b) “Participating jurisdiction” means a city, county, or city and county that has adopted a resolution that permits a participating platform to collect and remit all transient occupancy tax on rental transactions that are facilitated by the platform for any unit that is offered for occupancy for tourist or transient use for compensation to an operator within its jurisdiction and has notified the Controller pursuant to subdivision (b) of Section 7283.63, and in which a participating platform is collecting and remitting transient occupancy tax on rental transactions that are facilitated by the platform for any unit that is offered for occupancy for tourist or transient use for compensation to an operator within its jurisdiction. (c) “Operator” means a person offering, through a platform, to make a unit available for tourist or transient use. (d) “Personally identifiable information” means operator information and identifiable transaction-level records. “Operator information” means a taxpayer’s or operator’s identifying information, including without limitation, the taxpayer’s or operator’s name, the taxpayer’s or operator’s address, and the property address of any unit made available by an operator or occupied by a taxpayer through a participating platform. “Identifiable transaction-level records” means any information that reveals the amount of rent collected or the amount of transient occupancy tax collected with respect to any individual transaction or any individual operator. (e) “Platform” means a marketplace that is created for the primary purpose of facilitating the rental of a unit offered for occupancy for tourist or transient use for compensation to the operator of that unit, and the owner of the marketplace derives revenues, including booking fees or advertising revenues, from providing or maintaining that marketplace. “Facilitating” includes, but is not limited to, the act of allowing the operator of the unit to offer or advertise the unit on the Internet Web site provided or maintained by the owner of the platform. (f) “Transient occupancy tax” means a tax on the privilege of occupying a room or rooms, or other living space, in a hotel, inn, tourist home or house, motel, or other lodging unless the occupancy is for a period of more than 30 days. 7283.61. On and after July 1, 2017, every participating platform shall collect on behalf of an operator the amount of any transient occupancy tax on every rental transaction that is facilitated by the participating platform for a unit that is offered for occupancy for tourist or transient use for compensation to the operator and is located within a participating jurisdiction. The participating platform shall remit the amount to the participating jurisdiction pursuant to applicable requirements of local ordinances governing the remission, but not the reporting, of the tax. 7283.62. On or before March 1, 2017, the Controller shall develop and publicly notice both of the following: (a) Procedures that a platform shall use to notify the Controller if the platform elects to, or discontinues its election to, become a participating platform. (b) Procedures that a city, county, or city and county shall use to notify the Controller if the city, county, or city and county elects to, or discontinues its election to, become a participating jurisdiction. 7283.63. (a) On or before March 1, 2017, a platform may elect to become a participating platform by using the procedures developed pursuant to subdivision (a) of Section 7283.62 to notify the Controller of the platform’s election. (b) On or before April 30, 2017, a city, county, or city and county may elect by resolution to become a participating jurisdiction by using the procedures developed pursuant to subdivision (b) of Section 7283.62 to notify the Controller of the city’s, county’s, or city and county’s election. (c) An election made pursuant to this section is effective upon receipt by the Controller and until discontinued by the platform or city, county, or city and county pursuant to Section 7283.65, except that a city, county, or city and county’s election pursuant to this section shall not be effective as to a participating platform that, on or before June 15, 2017, notifies the Controller that the participating platform will not collect and remit transient occupancy tax in the city, county, or city and county. (d) The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform and each city, county, or city and county that has provided a notification to the Controller pursuant to this section as soon as possible upon receipt, but in no event later than May 31, 2017. 7283.64. On or after July 1, 2017, a platform that did not elect to become a participating platform pursuant to Section 7283.63 or had previously elected to discontinue its status as a participating platform may elect or reelect to become a participating platform by using the procedures developed pursuant to subdivision (a) of Section 7283.62 to notify the Controller of the platform’s election. An election made pursuant to this section is effective six months after receipt by the Controller or the date specified in the notice, whichever is later, and until discontinued by the platform pursuant to Section 7283.65. The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform that has provided a notification to the Controller pursuant to this section as soon as possible upon receipt. 7283.65. (a) A participating platform may elect to discontinue its status as a participating platform by using the procedures developed pursuant to subdivision (a) of Section 7283.62 to notify the Controller of the participating platform’s election. An election made pursuant to this subdivision is effective on the first day of the month that is six months after the date of the election. A participating platform may notify the Controller that the participating platform will discontinue collecting and remitting transient occupancy tax in any participating jurisdiction that amends or otherwise alters the ordinance, rules, or provisions applicable to transient occupancy tax in the participating jurisdiction upon the effective date of the amendments or alterations. (b) On or before June 30, 2018, or June 30 of any year thereafter, a participating jurisdiction may elect to discontinue its status as a participating jurisdiction, or a city, county, or city and county may elect to become a participating jurisdiction, by using the procedures developed pursuant to subdivision (b) of Section 7283.62 to notify the Controller of the participating jurisdiction’s or city’s, county’s, or city and county’s election. An election made by June 30 of any year pursuant to this subdivision is effective on January 1 of the following year after the election, except that a city, county, or city and county’s election pursuant to this subdivision shall not be effective as to a participating platform that, on or before November 15 of the year in which the election is made, notifies the Controller that the participating platform will not collect and remit transient occupancy tax in the city, county, or city and county. (c) The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform and each city, county, or city and county that has provided a notification to the Controller pursuant to this section as soon as possible upon receipt. 7283.66. (a) By December 31, 2018, and by December 31 of each year thereafter, the Controller shall review or audit a participating platform’s collection and remittance of tax revenue pursuant to Section 7283.61 and shall submit a final report to each participating jurisdiction in which the participating platform collected and remitted taxes. The final report shall not disclose any personally identifiable information and shall contain only the following information: (1) A general description of the Controller’s review or audit findings. (2) The aggregate amount of taxes collected and remitted to each participating jurisdiction by each participating platform during the period covered by the report. (3) An identification of any errors in the collection and remittance of tax revenues within the participating jurisdiction that were determined as a result of any review or audit in the participating jurisdiction that were not remediated, including by payment of all amounts owing, within 90 days. (4) The participating platform’s response, if any, to errors identified by any audit or review in the participating jurisdiction that were not remediated, including by payment of all amounts owing, within 90 days. (b) (1) The Controller shall only request the participating platform to submit personally identifiable information as reasonably necessary to (i) verify a participating platform’s proper application of geographic boundaries and (ii) verify proper collection and remittance of transient occupancy tax, and shall not disclose to a participating jurisdiction, publicly disclose, or otherwise make known in any manner whatsoever any personally identifiable information obtained from a participating platform or other person in the course of conducting an audit or review required by this section. (2) When requested by a participating jurisdiction, the Controller shall permit any duly authorized officer or employee of that participating jurisdiction to examine the records of the Controller, excluding any personally identifiable information, pertaining to any audit or review of collections by a participating platform within that participating jurisdiction. Except as otherwise provided herein, this paragraph shall not be construed to allow any officer or employee of that participating jurisdiction to request or examine any records other than records in the Controller’s possession that were obtained in the course of its review or audit of transient occupancy taxes collected by a participating platform within that participating jurisdiction. (c) A platform or a participating jurisdiction may appeal any findings identified in a review or audit report submitted pursuant to subdivision (a) by providing a notice of appeal to the Controller’s General Counsel. The notice of appeal shall be filed within 60 days from the date of the final review or audit report and shall identify the issues being appealed and the basis and reason for the appeal. The Controller’s General Counsel shall review the issues appealed and may hold an informal appeal conference for purposes of taking additional information and shall issue a determination within 90 days of receipt of the appeal. (d) The Controller may recover the reasonable costs, measured by the Controller’s standard rate, of an audit or review conducted pursuant to subdivision (a) or an appeal conducted pursuant to subdivision (c) from the participating platform that was audited or reviewed. (e) This section shall not apply to cities, counties, or cities and counties that are not participating jurisdictions. 7283.67. This chapter does not limit the existing authority of a city, county, or city and county to regulate operators, including any local regulation that requires operators to provide information concerning transactions conducted in the city, county, or city and county, provided that the requirements do not discriminate against transactions facilitated through a platform. 7283.68. A participating platform’s collection and remittance of transient occupancy tax pursuant to this chapter shall be subject to audit or review only by the Controller, pursuant to the requirements of Section 7283.66. A participating platform shall not be required to comply with audit or review requirements or requests regarding the participating platform’s collection and remittance of transient occupancy tax pursuant to this chapter in any participating jurisdiction, or to related requests or requirements for personally identifiable information, by any participating jurisdiction. 7283.69. A participating platform that complies with audit or review parameters established by the Controller pursuant to Section 7283.66 shall not be required to provide personally identifiable information to a participating jurisdiction, except pursuant to an order by a court of competent jurisdiction. 7283.70. This chapter shall not be construed as creating to alter or otherwise modify any legal duty or requirement for a participating platform to collect or remit transient occupancy taxes in a city, county, or city and county that is not a participating jurisdiction. SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 7283.66 to the Revenue and Taxation 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: People who rent units for tourist or transient use through platforms have a reasonable expectation of privacy, as against public disclosure, in their rental of those units and in the personally identifiable information they provide to platforms in connection with those rentals. Limiting the disclosure of that personally identifiable information in any records obtained or generated by the Controller pertaining to audits or reviews of a platform’s collection and remittance of transient occupancy taxes furthers the purposes of Section 3 of Article I of the California Constitution by appropriately balancing the interest in public disclosure with the interest in preserving the privacy and confidentiality of that personally identifiable information.
Existing law authorizes a city, county, or city and county to impose taxes within its jurisdiction, as provided, including a transient occupancy tax. This bill would authorize a city, county, or city and county to elect to allow platforms, as defined, that elect to assume the responsibility of collecting and remitting transient occupancy taxes on behalf of operators, to collect and remit those taxes to that city, county, or city and county, as specified. For cities, counties, and cities and counties that notify the Controller of their election by April 30, 2017, and for platforms that notify the Controller of their election by March 1, 2017, this collection and remittance would begin on July 1, 2017. For platforms and cities, counties, or cities and counties that provide notifications to the Controller after those dates, the collection and remittance would begin at least 6 months after notification, as specified. The bill would authorize a city, county, or city and county to discontinue an election and would make this discontinuance effective at least 6 months after notification to the Controller. The bill would also authorize a platform to discontinue its election, entirely or in part, effective as specified. This bill, by December 31, 2018, and by December 31 of each year thereafter, would require the Controller to review or audit a platform’s collection and remittance of tax revenue pursuant to the above-described provisions, would further require the Controller to submit a final report containing specific information to each city, county, or city and county in which the platform collected and remitted taxes, and would authorize the platform or the city, county, or city and county to appeal findings identified in the report, as provided. 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.
An act to add Chapter 1.1 (commencing with Section 7283.60) to Part 1.7 of Division 2 of the Revenue and Taxation Code, relating to hosting platforms.
The people of the State of California do enact as follows: SECTION 1. Section 19801 of the Business and Professions Code is amended to read: 19801. The Legislature hereby finds and declares all of the following: (a) State law prohibits commercially operated lotteries, banked or percentage games, and gambling machines, and strictly regulates parimutuel wagering on horse racing. To the extent that state law categorically prohibits certain forms of gambling and prohibits gambling devices, nothing herein shall be construed, in any manner, to reflect a legislative intent to relax those prohibitions. (b) The State of California has permitted the operation of gambling establishments for more than 100 years. Gambling establishments were first regulated by the State of California pursuant to legislation which that was enacted in 1984. Gambling establishments currently employ more than 20,000 people in the State of California, and contribute more than one hundred million dollars ($100,000,000) in taxes and fees to California’s government. Gambling establishments are lawful enterprises in the State of California , and are entitled to full protection of the laws of this state. (c) Gambling can become addictive and is not an activity to be promoted or legitimized as entertainment for children and families. (d) Unregulated gambling enterprises are inimical to the public health, safety, welfare, and good order. Accordingly, no person in this state has a right to operate a gambling enterprise except as may be expressly permitted by the laws of this state and by the ordinances of local governmental bodies. (e) It is the policy of this state that gambling activities that are not expressly prohibited or regulated by state law may be prohibited or regulated by local government. Moreover, it is the policy of this state that no new gambling establishment may be opened in a city, county, or city and county in which a gambling establishment was not operating on and before January 1, 1984, except upon the affirmative vote of the electors of that city, county, or city and county. (f) It is not the purpose of this chapter to expand opportunities for gambling, or to create any right to operate a gambling enterprise in this state or to have a financial interest in any gambling enterprise. Rather, it is the purpose of this chapter to regulate businesses that offer otherwise lawful forms of gambling games. (g) Public trust that permissible gambling will not endanger public health, safety, or welfare requires that comprehensive measures be enacted to ensure that gambling is free from criminal and corruptive elements, that it is conducted honestly and competitively, and that it is conducted in suitable locations. (h) Public trust and confidence can only be maintained by strict and comprehensive regulation of all persons, locations, practices, associations, and activities related to the operation of lawful gambling establishments and the manufacture and distribution of permissible gambling equipment. (i) All gambling operations, all persons having a significant involvement in gambling operations, all establishments where gambling is conducted, and all manufacturers, sellers, and distributors of gambling equipment must be licensed and regulated to protect the public health, safety, and general welfare of the residents of this state as an exercise of the police powers of the state. (j) To ensure that gambling is conducted honestly, competitively, and free of from criminal and corruptive elements, all licensed gambling establishments in this state must shall remain open to the general public public, and the access of the general public to licensed gambling activities must shall not be restricted in any manner, except as provided by the Legislature. However, subject to state and federal prohibitions against discrimination, nothing herein in this chapter shall be construed to preclude exclusion of unsuitable persons from licensed gambling establishments in the exercise of reasonable business judgment. (k) In order to effectuate state policy as declared herein, in this section, it is necessary that gambling establishments, activities, and equipment be licensed, that persons participating in those activities be licensed or registered, that certain transactions, events, and processes involving gambling establishments and owners of gambling establishments be subject to prior approval or permission, that unsuitable persons not be permitted to associate with gambling activities or gambling establishments, and that gambling activities take place only in suitable locations. Any license or permit issued, or other approval granted pursuant to this chapter, is declared to be a revocable privilege, and no holder acquires any vested right therein or thereunder. in that license, permit, or other approval or under this chapter. (l) The location of lawful gambling premises, the hours of operation of those premises, the number of tables permitted in those premises, and wagering limits in permissible games conducted in those premises are proper subjects for regulation by local governmental bodies. However, consideration of those same subjects by a state regulatory agency, as specified in this chapter, is warranted when local governmental regulation respecting those subjects is inadequate or the regulation fails to safeguard the legitimate interests of residents in other governmental jurisdictions. (m) The exclusion or ejection of certain persons from gambling establishments is necessary to effectuate the policies of this chapter and to maintain effectively the strict regulation of licensed gambling. (n) Records and reports of cash and credit transactions involving gambling establishments may have a high degree of usefulness in criminal and regulatory investigations and, therefore, licensed gambling operators may be required to keep records and make reports concerning significant cash and credit transactions.
The Gambling Control Act provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law makes related findings and declarations. This bill would make technical, nonsubstantive changes to these provisions.
An act to amend Section 19801 of the Business and Professions Code, relating to gambling.
The people of the State of California do enact as follows: SECTION 1. The Legislature hereby finds and declares all of the following: (a) In April 2007, the Sacramento Area Flood Control Agency (SAFCA) secured the support of property owners in the Sacramento region for the imposition of a special benefit assessment to fund the local share of the cost of the levee improvement projects along the American and Sacramento Rivers, including the Natomas Basin, and the project to modify Folsom Dam to provide the Sacramento region with at least a 200-year level of flood protection based on current estimates of the runoff likely to be produced by such a flood event. Later that year, the Legislature passed Senate Bill 276, enacted as Chapter 641 of the Statutes of 2007, which modified existing state authorizations for these projects in order to continue the historic federal-state-local cost-sharing partnership governing the projects and ensure that project construction could move forward as quickly as possible. (b) Since 2007, more than one billion dollars ($1,000,000,000) in federal, state, and local funds has been expended on these projects in a manner that has substantially increased the ability of the existing flood control system to protect heavily urbanized areas within the City of Sacramento and the Counties of Sacramento and Sutter against very rare floods. (c) Much of this work has occurred in the Natomas Basin where SAFCA, with the state’s financial assistance, has raised and strengthened about 18 miles of the most vulnerable segments of the perimeter levee system protecting the Natomas Basin. Because of changes in federal and state engineering standards since 2007, these improvements and the improvements needed for the remainder of the perimeter levee system have greatly exceeded the scope of the Natomas Levee Improvement Project set forth in the Final Engineer’s Report dated April 19, 2007, which governed SAFCA’s special benefit assessment proceedings and informed the Legislature’s accompanying project authorization. (d) The full scope of the work necessary to provide the Natomas Basin with at least a 200-year level of flood protection is described in an engineering report prepared in 2010 by the United States Army Corps of Engineers (Corps) for the American River Watershed, Common Features Project, Natomas Basin. This report, which outlines the steps the Corps will take to complete the work in Natomas initiated by the state and SAFCA, was transmitted to Congress by the Chief of Engineers of the Corps in December 2010 and adopted by Congress as part of the Water Resources Reform and Development Act of 2014 (Public Law 113-121). (e) Consistent with its historic practice of providing state approval for federally authorized projects affecting the State Plan of Flood Control, the Legislature has determined that modification of the 2007 state authorization for the Natomas Levee Improvement Project is warranted in order to enlarge the scope of the authorized project to match the federal authorization without altering the federal-state-local cost sharing made applicable to the project under the 2007 authorization. SEC. 2. Section 12670.14 of the Water Code is amended to read: 12670.14. The following projects in areas within the City of Sacramento and the Counties of Sacramento and Sutter are adopted and authorized at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation upon the recommendation and advice of the department or the Central Valley Flood Protection Board: (a) The project for flood control in the Natomas and North Sacramento areas adopted and authorized by Congress in Section 9159 of the Department of Defense Appropriations Act of 1993 (Public Law 102-396) substantially in accordance with the recommendations of the Chief of Engineers in the report entitled “American River Watershed Investigation” dated July 1, 1992. (b) The project for flood control along the American and Sacramento Rivers adopted and authorized by Congress in Section 101(a)(1) of the Water Resources Development Act of 1996 (Public Law 104-303) substantially in accordance with the recommendations of the Chief of Engineers in the report entitled “American River Watershed Project, California” dated June 27, 1996, as modified by Congress in Section 366 of the Water Resources Development Act of 1999 (Public Law 106-53), as further modified to include the project features necessary to provide a 200-year level of flood protection along the American and Sacramento Rivers and within the Natomas Basin as described in the Final Engineer’s Report dated April 19, 2007, adopted by the Sacramento Area Flood Control Agency, and as further modified by the 2010 final feasibility study for the American River Watershed, Common Features Project, Natomas Basin, adopted by Congress in Section 7002 of the Water Resources Reform and Development Act of 2014 (Public Law 113-121). (c) The project to modify Folsom Dam adopted and authorized by Congress in Section 101(a)(6) of the Water Resources Development Act of 1999 (Public Law 106-53), as described in the United States Army Corps of Engineers Supplemental Information Report for the American River Watershed Project, California, dated March 1996, as modified by the report entitled “Folsom Dam Modification Report, New Outlets Plan,” dated March 1998, prepared by the Sacramento Area Flood Control Agency, and as further modified by the Post-Authorization Change Report, American River Watershed Project (Folsom Dam Modification and Folsom Dam Raise Projects), dated March 2007, adopted by Congress in Section 3029 of the Water Resources Development Act of 2007 (Public Law 110-114). (d) (1) The project for flood control, environmental restoration, and recreation along south Sacramento County streams adopted and authorized by Congress in Section 101(a)(8) of the Water Resources Development Act of 1999 (Public Law 106-53) as described in the report of the Chief of Engineers entitled “South Sacramento County Streams, California” dated October 6, 1998. (2) Notwithstanding Section 12657, at the discretion of the Central Valley Flood Protection Board, the Sacramento Area Flood Control Agency may provide, for the project described in paragraph (1), the assurances of local cooperation satisfactory to the Secretary of the Army, in accordance with Section 12657, in lieu of assurances by the Central Valley Flood Protection Board.
Existing law provides for state cooperation with the federal government in the construction of specified flood control projects. Existing law adopts and authorizes federally adopted and approved projects, including a 200-year level of flood protection in the Natomas Basin, in areas within the City of Sacramento and the Counties of Sacramento and Sutter. The projects are authorized at an estimated cost to the state of the sum that may be appropriated by the Legislature for state participation upon the recommendation and advice of the Department of Water Resources or the Central Valley Flood Protection Board, formerly known as the Reclamation Board. This bill would describe the Natomas Basin flood protection project as further modified by a specified report adopted by Congress. The bill would make technical, nonsubstantive changes.
An act to amend Section 12670.14 of the Water Code, relating to water resources.
The people of the State of California do enact as follows: SECTION 1. Section 10159.5 of the Business and Professions Code is amended to read: 10159.5. (a) (1) Every person applying for a license under this chapter who desires to have the license issued under a fictitious business name shall file with his or her application a certified copy of his or her fictitious business name statement filed with the county clerk pursuant to Chapter 5 (commencing with Section 17900) of Part 3 of Division 7. (2) A responsible broker may, by contract, permit a salesperson to do all of the following: (A) File an application on behalf of a responsible broker with a county clerk to obtain a fictitious business name. (B) Deliver to the bureau an application, signed by the responsible broker, requesting the bureau’s approval to use a county approved fictitious business name that shall be identified with the responsible broker’s license number. (C) Pay for any fees associated with filing an application with a county or the bureau to obtain or use a fictitious business name. (D) Maintain ownership of a fictitious business name, as defined in paragraph (2) of subdivision (a) of Section 10159.7, that may be used subject to the control of the responsible broker. (b) (1) A salesperson using a fictitious business name authorized by subdivision (a), shall use that name only as permitted by his or her responsible broker. (2) This section does not change a real estate broker’s duties under this division to supervise a salesperson. (c) A person applying to a county for a fictitious business name pursuant to subdivision (a) may file his or her application in the county or counties where the fictitious business name will be used. (d) Advertising and solicitation materials, including business cards, print or electronic media and “for sale” signage, using a fictitious business name obtained in accordance with paragraph (2) of subdivision (a) shall include the responsible broker’s identity, as defined in paragraph (1) of subdivision (a) of Section 10159.7, in a manner equally as prominent as the fictitious business name. (e) Notwithstanding subdivision (b) of Section 10140.6, advertising and solicitation materials, including print or electronic media and “for sale” signage, containing a fictitious business name obtained in accordance with paragraph (2) of subdivision (a) shall include the name and license number of the salesperson who is using the fictitious business name. (f) Notwithstanding Section 10185, a violation of this section is not a misdemeanor. SEC. 2. Section 10159.6 of the Business and Professions Code is amended to read: 10159.6. All of the following apply to use of a team name, as defined in paragraph (5) of subdivision (a) of Section 10159.7: (a) Notwithstanding subdivision (b) of Section 10140.6, advertising and solicitation materials that contain a team name, including print or electronic media and “for sale” signage, shall include, and display in a conspicuous and prominent manner, the team name and the name and license number of at least one of the licensed members of the team. (b) The responsible broker’s identity, as defined in paragraph (1) of subdivision (a) of Section 10159.7, shall be displayed as prominently and conspicuously as the team name in all advertising and solicitation materials. (c) The advertising and solicitation materials shall not contain terms that imply the existence of a real estate entity independent of the responsible broker. (d) Notwithstanding Section 10185, a violation of this section is not a misdemeanor. SEC. 3. Section 10159.7 of the Business and Professions Code is amended to read: 10159.7. (a) For the purposes of this article, the following definitions shall apply: (1) “Responsible broker’s identity” means a name and the associated license identification number under which the responsible broker is currently licensed by the bureau and conducts business in general or is a substantial division of the real estate firm. Responsible broker’s identity does not include a fictitious business name obtained pursuant to paragraph (2) of subdivision (a) of Section 10159.5 or the use of a team name pursuant to Section 10159.6. (2) “Fictitious business name” means a professional identity or brand name under which activity requiring a real estate license is conducted and the use of which is subject to approval by the bureau pursuant to Section 10159.5. (3) “Ownership of a fictitious business name” means the right to use, renew, and control the use of a fictitious business name obtained in accordance with Section 10159.5. (4) “Responsible broker” means the broker responsible for the exercise of control and supervision of salespersons under Section 10159.2, or a licensee subject to discipline under subdivision (h) of Section 10177 for failure to supervise activity requiring a real estate license. The supervision of a salesperson required under this part or any other law is limited to regulatory compliance and consumer protection. (5) “Team name” means a professional identity or brand name used by a salesperson, and one or more other real estate licensees, for the provision of real estate licensed services. Notwithstanding any other law, the use of a team name does not require that a separate license be issued for that name pursuant to Section 10159.5. A team name does not constitute a fictitious business name for purposes of this part or any other law or for purposes of filing a fictitious business name statement with an application as required by subdivision (a) of Section 10159.5 if all of the following apply: (A) The name is used by two or more real estate licensees who work together to provide licensed real estate services, or who represent themselves to the public as being a part of a team, group, or association to provide those services. (B) The name includes the surname of at least one of the licensee members of the team, group, or association in conjunction with the term “associates,” “group,” or “team.” (C) The name does not include any term or terms, such as “real estate broker,” “real estate brokerage,” “broker,” or “brokerage” or any other term that would lead a member of the public to believe that the team is offering real estate brokerage services, that imply or suggest the existence of a real estate entity independent of a responsible broker. (b) Nothing in this section changes a real estate broker’s duties under this division to supervise a salesperson. 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 ensure that the law regarding “team names” is applied consistently at the state and local level and that a “team name” does not constitute a fictitious business name for purposes of any law, it is necessary that this act take effect immediately.
Existing law provides for the licensure and regulation of real estate brokers and real estate salespersons by the Bureau of Real Estate headed by the Real Estate Commissioner. Existing law requires an applicant who desires to have his or her license issued under a fictitious business name to file with his or her application a certified copy of his or her fictitious business name statement. Existing law authorizes a responsible broker, as defined, by contract, to permit a salesperson to apply for a fictitious business name with the appropriate county, and to maintain ownership of a fictitious business name. Existing law defines a team name and provides, for purposes of the provisions described above, that a team name is not a fictitious business name if specified criteria apply. This bill would provide that a team name is also not a fictitious business name for purposes of any other law or for purposes of filing a fictitious business name statement with an application as described above when the criteria apply. This bill would make technical and clarifying changes to the provisions described above. Existing law requires advertising and solicitation materials using a fictitious business name or that contain a team name to display the responsible broker’s identity, as provided. Existing law defines “responsible broker’s identity” to mean the name under which the responsible broker operates or conducts business. This bill would revise the definition of “responsible broker’s identity” to mean a name and the associated license identification number under which the responsible broker is currently licensed and conducts business in general or is a substantial division of the real estate firm and that does not include a fictitious business name or a team name, as specified. This bill would declare that it is to take effect immediately as an urgency statute.
An act to amend Sections 10159.5, 10159.6, and 10159.7 of the Business and Professions Code, relating to real estate licensees, and declaring the urgency thereof, to take effect immediately.
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 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. (b) In its Supplemental Poverty Measure report for the year 2013, released in October 2014, the United States Census Bureau reported California’s rate of poverty to be 23.4%. This rate is the highest among all 50 states. (c) Using census data released in September 2014, the California Budget Project reported that the economic recovery from the Great Recession has largely bypassed low- and middle-income Californians, with the bottom three-fifths of the income distribution experiencing stagnating income gains. This is contrasted with the top one-fifth of the income distribution experiencing gains of 52.4%. (d) According to the Legislative Analyst’s Office (LAO), evidence from academic studies suggests that the federal Earned Income Tax Credit (EITC) increases paid work participation to be higher than if the federal EITC did not exist. (e) The LAO further states that the federal EITC also reduces poverty to some extent for tens of millions of people. (f) The federal EITC has historically had a high level of improper payments to people who claimed a bigger credit than that for which they were eligible. As the federal EITC is a proven antipoverty measure that encourages work, California should adopt its own version of the EITC that includes appropriate enforcement activities to reduce improper payments. SEC. 2. Section 17052.1 17052.3 is added to the Revenue and Taxation Code, to read: 17052.1. 17052.3. (a) For each taxable year beginning on or after January 1, 2016, and before January 1, 2023, there shall be allowed to a qualified taxpayer a credit against the “net tax,” as defined by Section 17039, an amount computed by multiplying the federal earned income credit amount, as defined by subdivision (b), by 15 percent. (b) (1) For purposes of this section, except as provided in paragraph (2), “federal earned income credit amount” means the amount determined under Section 32 of the Internal Revenue Code, as amended by Section 1002(a) of Public Law 111-5, as amended by Section 219(a)(2) of Public Law 111-226, as amended by Section 103(c) of Public Law 111-312, and as amended by Section 103(c) of Public Law 112-240. (2) For each taxable year beginning on or after January 1, 2017, and before January 1, 2023, the Franchise Tax Board shall recompute the amounts prescribed in Section 32(b) 32(b)(2) of the Internal Revenue Code, relating to amounts, and Section 32(i) of the Internal Revenue Code, relating to denial of credit for individuals having excessive investment income. That computation shall be made as follows: (A) The California Department of Industrial Relations shall transmit annually to the Franchise Tax Board the percentage change in the California Consumer Price Index for all items from June of the prior calendar year to June of the current calendar year, no later than August 1 of the current calendar year. (B) The Franchise Tax Board shall do both of the following: (i) Compute an inflation adjustment factor by adding 100 percent to the percentage change figure that is furnished pursuant to subparagraph (A) and dividing the result by 100. (ii) Multiply the preceding taxable year income tax brackets by the inflation adjustment factor determined in clause (i) and round off the resulting products to the nearest one dollar ($1). (c) For purposes of this section, “qualified taxpayer” means an individual who is eligible for a credit, for federal income tax purposes, under Section 32 of the Internal Revenue Code, as amended by Section 1002(a) of Public Law 111-5, as amended by Section 219(a)(2) of Public Law 111-226, as amended by Section 103(c) of Public Law 111-312, and as amended by Section 103(c) of Public Law 112-240, for the taxable year in which the credit allowed under this section is claimed, and who is legally working in the state and possesses a valid social security number, legal work authorization, or taxpayer’s taxpayer identification number. (d) Any simple error shall be treated as a mathematical error appearing on the return. (e) (1) Except as provided in paragraph (2) , in the case where the credit allowed under this section exceeds the “net tax,” the excess credit may be carried over to reduce the “net tax” in the following taxable year, and succeeding taxable years, if necessary, until the credit is exhausted. (2) If the amount allowable as a credit under this section exceeds the tax liability computed under this part, the excess shall be credited against other amounts due, if any, and the balance, if any, shall, upon appropriation by the Legislature, be paid from the General Fund and refunded to the qualified taxpayer. (3) Any amount paid to a qualified taxpayer pursuant to this section shall not be included in income subject to tax under this part. (f) The credit allowed by this section may be claimed only on a timely filed original return of the qualified taxpayer. The determinations of the Franchise Tax Board with respect to the date a return has been received by the Franchise Tax Board for purposes of this subdivision may not be reviewed in any administrative or judicial proceeding. (g) Notwithstanding any other law, and to the extent permitted by federal law, amounts paid pursuant to subdivision (e) shall be treated the same as the federal earned income credit amount for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or amounts of those benefits. (h) For purposes of this section, the Franchise Tax Board shall do the following: (1) Administer enforcement activities to address improper payments. (2) Collaborate with the Employment Development Department to develop criteria for, and a process to verify, taxpayer income information using wage and withholding data. (3) Establish criteria for, and a process to identify, high-risk returns. High-risk returns may be subject to increased verification procedures and payments pursuant to this section may be suspended until the information is verified. (4) (A) Notwithstanding Section 10231.5 of the Government Code, beginning January 1, 2017, and each January 1 thereafter, until January 1, 2023, the Franchise Tax Board shall submit a report on the use of the credit described in subdivision (a) to the Legislature. The report shall include information regarding the eligibility for the credit, use of the credit, and information regarding improper payments. (B) A report submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code. (i) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any rule, guideline, or procedure prescribed by the Franchise Tax Board pursuant to this section. (j) Section 41 does not apply to the credit allowed by this section. (k) This section shall remain in effect only until December 1, 2023, and as of that date is repealed. SEC. 3. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.
The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. This bill, for taxable years beginning on or after January 1, 2016, and before January 1, 2023, would allow a credit to a qualified taxpayer, as defined, computed by multiplying the federal earned income credit amount, as defined, by 15%. The bill would provide that the credit amount in excess of the qualified taxpayer’s liability would be paid to the qualified taxpayer upon appropriation by the Legislature. This bill would require the Franchise Tax Board to submit a report to the Legislature, beginning January 1, 2017, and each January 1 thereafter, until January 1, 2023, regarding the credit, as provided. This bill would take effect immediately as a tax levy.
An act to add and repeal Section 17052.1 17052.3 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.
The people of the State of California do enact as follows: SECTION 1. Section 352 of the Public Utilities Code is amended to read: 352. The Independent System Operator may not only enter into a multistate entity or a regional organization as authorized in Section 359 unless if that entry is approved by the Oversight Board. its governing board at a duly noticed public meeting. SEC. 2. Section 359 of the Public Utilities Code is amended to read: 359. (a) It is the intent of the Legislature to provide for the evolution of the Independent System Operator and the Power Exchange into a regional organizations organization to promote the development of regional electricity transmission markets in the western states and to improve the access of consumers served by the Independent System Operator and the Power Exchange to those markets. (b) The preferred means by which the voluntary evolution described in subdivision (a) should occur is through the adoption of a regional compact or other comparable agreement among cooperating party states, the retail customers of which states would reside within the geographic territories served by the Independent System Operator and the Power Exchange. Operator. (c) The agreement described in subdivision (b) should provide for all of the following: (1) An equitable process for the appointment or confirmation by party states of members of the governing boards board of the Independent System Operator and the Power Exchange. Operator. (2) A respecification of the size, structure, representation, eligible membership, nominating procedures, and member terms of service of the governing boards board of the Independent System Operator and the Power Exchange. Operator. (3) Mechanisms by which each party state, jointly or separately, can oversee effectively the actions of the Independent System Operator and the Power Exchange as those actions relate to the assurance of electricity system reliability within the party state and to matters that affect electricity sales to the retail customers of the party state or otherwise affect the general welfare of the electricity consumers and the general public of the party state. (4) The adherence by publicly owned and investor-owned utilities located in party states to enforceable standards and protocols to protect the reliability of the interconnected regional transmission and distribution systems. SECTION 1. Part 3 (commencing with Section 13750) is added to Division 8 of the Probate Code , to read: 3. Determination of Property Passing to Trustee of Recipient Trust Without Administration 1. Definitions 13750. For purposes of this part, both of the following definitions shall apply: (a)“Pour-over will” means a devise by a will, including any codicils, of property to the trustee or trustees of a recipient trust. (b)“Recipient trust” means a trust established as a revocable trust by a decedent during his or her lifetime, either alone or in conjunction with his or her spouse or registered domestic partner, and that is identified in the pour-over will. 2. Court Order Determining Passage of Property to Trustee or Trustees of Recipient Trust 13751. Subject to further requirements provided in this chapter, if a decedent dies testate and by his or her pour-over will devises some or all of his or her property to the trustee or trustees of a recipient trust, the trustee or trustees of that recipient trust, without procuring letters of administration, may file a petition in the superior court of the county in which the estate of the decedent may be administered requesting a court order that a particular item or items of property pass without administration to the petitioner as trustee or trustees of the recipient trust. 13752. (a)The procedure provided by this chapter may be used only if: (1)At least 40 days have elapsed since the death of the decedent. (2)No proceeding is being or has been conducted for the probate administration of the decedent’s estate, either in this state or in any other jurisdiction. (3)Except as provided in paragraph (4), the devise in the pour-over will to the trustee or trustees of the recipient trust applies to the entire remainder of the property subject to the pour-over will. (4)(A)The only other devise or devises, if any, in the pour-over will are one or more specific gifts, as defined in subdivision (a) of Section 21117, all of which would be eligible for disposition without administration pursuant to either of the following provisions: (i)Part 1 (commencing with Section 13000), as determined by the petitioner. Any property that is not a devise of a specific gift, as defined in subdivision (a) of Section 21117, in the decedent’s pour-over will shall be excluded in determining the property or estate of the decedent or its value for this purpose. (ii)Part 2 (commencing with Section 13500), as determined by the petitioner. (B)The court may rely on the petitioner’s representations concerning determinations made by the petitioner pursuant to this paragraph. (b)The procedure provided by this chapter may be used for real or personal property of any amount or value, so long as the other requirements of this chapter are satisfied. The value of an individual item, or aggregate value of items, of property does not need to be included in the petition. An inventory and appraisal shall not be required for the property subject to the procedure provided by this chapter. 13753. (a)The petition shall be verified by each petitioner, shall contain a request that the court make an order pursuant to this chapter that a particular item or items of the decedent’s property pass without administration to the petitioner as trustee or trustees of the recipient trust, and shall state all of the following: (1)The facts necessary to determine that the petition is filed in the proper county. (2)That at least 40 days have elapsed since the death of the decedent. (3)That no proceeding is being or has been conducted for administration of the decedent’s estate, either in this state or in any other jurisdiction. (4)The facts and the provision or provisions of the pour-over will upon which the petitioner bases the allegation that a particular item or items of property pass without administration to the petitioner as trustee or trustees of the recipient trust, including, but not limited to, the following: (A)That the devise in the pour-over will to the trustee or trustees of the recipient trust applies to the entire remainder of the property subject to the pour-over will. (B)Either of the following, as applicable: (i)That there is no devise in the pour-over will other than to the trustee or trustees of the recipient trust. (ii)The only other devise or devises, if any, in the pour-over will are one or more specific gifts, as defined in subdivision (a) of Section 21117, all of which would be eligible for disposition without administration pursuant to either of the following provisions: (I)Part 1 (commencing with Section 13000), as determined by the petitioner. Any property that is not a devise of a specific gift, as defined in subdivision (a) of Section 21117, identified in the decedent’s pour-over will shall be excluded in determining the property or estate of the decedent or its value. (II)Part 2 (commencing with Section 13500), as determined by the petitioner. (5)A description or descriptions of the particular item or items of the decedent’s property for which the petitioner requests an order pursuant to this chapter. (6)The name, age, address, and relation to the decedent of each of the following: (A)Heir and devisee of the decedent. (B)Each person named as executor or alternate executor of the pour-over will. (C)Each beneficiary of the recipient trust. For any future interests, this determination shall be made pursuant to subdivision (a) of Section 15804, so far as known to any petitioner. (D)Each person named as trustee or successor trustee in the recipient trust. (7)The name and address of any person serving as guardian of the estate or conservator of the estate of the decedent at the time of the decedent’s death, so far as known to any petitioner. (b)A copy of the pour-over will shall be attached to, and filed in support of, the petition. (c)A certification of trust for the recipient trust that satisfies the requirements of Section 18100.5 shall be attached to, and filed in support of, the petition. 13754. Notice of hearing shall be given as provided in Section 1220 to each of the persons named in the petition pursuant to Section 13753. 13755. If the requirements of this chapter are satisfied, the court shall issue an order that a particular item or items of property pass without administration and are transferred to the petitioner as trustee or trustees of the recipient trust. Each item of property shall be described in the order. The court shall not issue an omnibus order for final distribution pursuant to the procedure provided by this chapter. 13756. (a)Except as provided in subdivision (b), upon becoming final, an order under this chapter that property passes without administration to the trustee or trustees of the recipient trust shall be conclusive on all persons. (b)An order issued by the court pursuant to Section 13755 shall not preclude the filing of a petition pursuant to Section 17200. 13757. The attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter shall be determined by a private agreement between the attorney and the client and are not subject to approval by the court. If there is no agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter and there is a dispute concerning the reasonableness of the attorney’s fees for those services, a petition may be filed with the court in the same proceeding requesting that the court determine the reasonableness of the attorney’s fees for those services. If there is an agreement between the attorney and the client concerning the attorney’s fees for services performed in connection with the filing of a petition and obtaining a court order under this chapter and there is a dispute concerning the meaning of the agreement, a petition may be filed with the court in the same proceeding requesting that the court determine the dispute. 13758. Nothing in this chapter excuses compliance with Chapter 3 (commencing with Section 13100) by the holder of the decedent’s personal property if an affidavit or declaration is furnished as provided in that chapter. 3. Liability for Debts of Decedent 13759. Property transferred to the trustee or trustees of a recipient trust pursuant to an order issued under Section 13755 shall be subject to the payment of claims, debts, and expenses as provided in Part 8 (commencing with Section 19000) of Division 9.
The existing restructuring of the electrical industry within the Public Utilities Act provides for the establishment of an Independent System Operator and a Power Exchange as nonprofit public benefit corporations. Existing law requires the Independent System Operator to ensure efficient use and reliable operation of the electrical transmission grid consistent with achieving planning and operating reserve criteria no less stringent than those established by the Western Electricity Coordinating Council and the North American Electric Reliability Council. An Electricity Oversight Board is also established to oversee the Independent System Operator and the Power Exchange in order to ensure the success of electrical restructuring and to ensure a reliable supply of electricity in the transition to a new market structure. Existing law prohibits the Independent System Operator from entering into a multistate entity or regional organization unless the Independent System Operator receives approval from the Electricity Oversight Board. This bill would authorize the Independent System Operator to enter into a multistate entity or regional organization if that entry is approved by its governing board at a duly noticed public meeting. Existing law, relative to restructuring of the electrical industry, states the intent of the Legislature with respect to the evolution of the roles of the Independent System Operator and Power Exchange, including to evolve into regional organizations to promote the development of regional electricity transmission markets in the western states and to improve the access of consumers serviced by the Independent System Operator and the Power Exchange to those markets. This bill would delete references to the Power Exchange in the above-described statement of Legislative intent. Existing law provides for the disposition of a testator’s property by will. Existing law establishes the Uniform Testamentary Additions to Trusts Act, under which a valid devise of property may be made by will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person, commonly referred to as a pour-over will. Existing law provides that the decedent’s property, including property devised by a will, is generally subject to probate administration, except as specified. Existing law establishes simplified procedures for addressing a decedent’s estate valued under $150,000, including authorizing the successor of the decedent to collect property due to the decedent without letters of administration or awaiting probate of a will. This bill would establish simplified procedures for the distribution of property, real or personal property of any amount or value, devised by a will to the trustee or trustees of a recipient trust, as defined, without procuring letters of administration. The bill would authorize the trustee or trustees of a recipient trust to file a verified petition setting forth specified facts in the superior court of the county in which the estate of the decedent may be administered, and would authorize the court to issue an order that a particular item or items of property pass without administration and are transferred to the petitioner as trustee or trustees of the recipient trust. The bill would require attorneys’ fees for services performed in connection with these provisions to be determined by a private agreement between the attorney and the client, and would specify that attorneys’ fees are not subject to approval by the court.
An act to add Part 3 (commencing with Section 13750) to Division 8 of the Probate Code, relating to decedent’s estates. An act to amend Sections 352 and 359 of the Public Utilities Code, relating to electricity.
The people of the State of California do enact as follows: SECTION 1. Section 25150.7 of the Health and Safety Code is amended to read: 25150.7. (a) The Legislature finds and declares that this section is intended to address the unique circumstances associated with the generation and management of treated wood waste. The Legislature further declares that this section does not set a precedent applicable to the management, including disposal, of other hazardous wastes. (b) For purposes of this section, the following definitions shall apply: (1) “Treated wood” means wood that has been treated with a chemical preservative for purposes of protecting the wood against attacks from insects, microorganisms, fungi, and other environmental conditions that can lead to decay of the wood, and the chemical preservative is registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.). (2) “Wood preserving industry” means business concerns, other than retailers, that manufacture or sell treated wood products in the state. (c) This section applies only to treated wood waste that, solely due to the presence of a preservative in the wood, is a hazardous waste and to which both of the following requirements apply: (1) The treated wood waste is not subject to regulation as a hazardous waste under the federal act. (2) Section 25143.1.5 does not apply to the treated wood waste. (d) (1) Notwithstanding Sections 25189.5 and 25201, treated wood waste shall be disposed of in either a class I hazardous waste landfill, or in a composite-lined portion of a solid waste landfill unit that meets all requirements applicable to disposal of municipal solid waste in California after October 9, 1993, and that is regulated by waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code for discharges of designated waste, as defined in Section 13173 of the Water Code, or treated wood waste. (2) A solid waste landfill that accepts treated wood waste shall comply with all of the following requirements: (A) Manage the treated wood waste to prevent scavenging. (B) Ensure that any management of the treated wood waste at the solid waste landfill before disposal, or in lieu of disposal, complies with the applicable requirements of this chapter, except as otherwise provided by regulations adopted pursuant to subdivision (f). (C) If monitoring at the composite-lined portion of a landfill unit at which treated wood waste has been disposed of indicates a verified release, then treated wood waste shall not be discharged to that landfill unit until corrective action results in cessation of the release. (e) (1) Each wholesaler and retailer of treated wood and treated wood-like products in this state shall conspicuously post information at or near the point of display or customer selection of treated wood and treated wood-like products used for fencing, decking, retaining walls, landscaping, outdoor structures, and similar uses. The information shall be provided to wholesalers and retailers by the wood preserving industry in 22-point type, or larger, and contain the following message: Warning—Potential Danger These products are treated with wood preservatives registered with the United States Environmental Protection Agency and the California Department of Pesticide Regulation and should only be used in compliance with the product labels. This wood may contain chemicals classified by the State of California as hazardous and should be handled and disposed of with care. Check product label for specific preservative information and Proposition 65 warnings concerning presence of chemicals known to the State of California to cause cancer or birth defects. Anyone working with treated wood, and anyone removing old treated wood, needs to take precautions to minimize exposure to themselves, children, pets, or wildlife, including: □Avoid contact with skin. Wear gloves and long sleeved shirts when working with treated wood. Wash exposed areas thoroughly with mild soap and water after working with treated wood. □Wear a dust mask when machining any wood to reduce the inhalation of wood dusts. Avoid frequent or prolonged inhalation of sawdust from treated wood. Machining operations should be performed outdoors whenever possible to avoid indoor accumulations of airborne sawdust. □Wear appropriate eye protection to reduce the potential for eye injury from wood particles and flying debris during machining. □If preservative or sawdust accumulates on clothes, launder before reuse. Wash work clothes separately from other household clothing. □Promptly clean up and remove all sawdust and scraps and dispose of appropriately. □Do not use treated wood under circumstances where the preservative may become a component of food or animal feed. □Only use treated wood that’s visibly clean and free from surface residue for patios, decks, or walkways. □Do not use treated wood where it may come in direct or indirect contact with public drinking water, except for uses involving incidental contact such as docks and bridges. □Do not use treated wood for mulch. □Do not burn treated wood. Preserved wood should not be burned in open fires, stoves, or fireplaces. For further information, go to the Internet Web site http://www.preservedwood.org and download the free Treated Wood Guide mobile application. In addition to the above listed precautions, treated wood waste shall be managed in compliance with applicable hazardous waste control laws. (2) On or before July 1, 2005, the wood preserving industry shall, jointly and in consultation with the department, make information available to generators of treated wood waste, including fencing, decking, and landscape contractors, solid waste landfills, and transporters, that describes how to best handle, dispose of, and otherwise manage treated wood waste, through the use either of a toll-free telephone number, Internet Web site, information labeled on the treated wood, information accompanying the sale of the treated wood, or by mailing if the department determines that mailing is feasible and other methods of communication would not be as effective. A treated wood manufacturer or supplier to a wholesaler or retailer shall also provide the information with each shipment of treated wood products to a wholesaler or retailer, and the wood preserving industry shall provide it to fencing, decking, and landscaping contractors, by mail, using the Contractors’ State License Board’s available listings, and license application packages. The department may provide guidance to the wood preserving industry, to the extent resources permit. (f) (1) On or before January 1, 2007, the department, in consultation with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and the Office of Environmental Health Hazard Assessment, and after consideration of any known health hazards associated with treated wood waste, shall adopt and may subsequently revise as necessary, regulations establishing management standards for treated wood waste as an alternative to the requirements specified in this chapter and the regulations adopted pursuant to this chapter. (2) The regulations adopted pursuant to this subdivision shall, at a minimum, ensure all of the following: (A) Treated wood waste is properly stored, treated, transported, tracked, disposed of, and otherwise managed to prevent, to the extent practical, releases of hazardous constituents to the environment, prevent scavenging, and prevent harmful exposure of people, including workers and children, aquatic life, and animals to hazardous chemical constituents of the treated wood waste. (B) Treated wood waste is not reused, with or without treatment, except for a purpose that is consistent with the approved use of the preservative with which the wood has been treated. For purposes of this subparagraph, “approved uses” means a use approved at the time the treated wood waste is reused. (C) Treated wood waste is managed in accordance with all applicable laws. (D) Any size reduction of treated wood waste is conducted in a manner that prevents the uncontrolled release of hazardous constituents to the environment, and that conforms to applicable worker health and safety requirements. (E) All sawdust and other particles generated during size reduction are captured and managed as treated wood waste. (F) All employees involved in the acceptance, storage, transport, and other management of treated wood waste are trained in the safe and legal management of treated wood waste, including, but not limited to, procedures for identifying and segregating treated wood waste. (g) (1) A person managing treated wood waste who is subject to a requirement of this chapter, including a regulation adopted pursuant to this chapter, shall comply with either the alternative standard specified in the regulations adopted pursuant to subdivision (f) or with the requirements of this chapter. (2) A person who is in compliance with the alternative standard specified in the regulations adopted pursuant to subdivision (f) is deemed to be in compliance with the requirement of this chapter for which the regulation is identified as being an alternative, and the department and any other entity authorized to enforce this chapter shall consider that person to be in compliance with that requirement of this chapter. (h) On January 1, 2005, all variances granted by the department before January 1, 2005, governing the management of treated wood waste are inoperative and have no further effect. (i) This section does not limit the authority or responsibility of the department to adopt regulations under any other law. (j) (1) On or before January 1, 2018, the department shall prepare, post on its Internet Web site, and provide to the appropriate policy committees of the Legislature, a comprehensive report on the compliance with, and implementation of, this section. The report shall include, but not be limited to, all of the following: (A) Data, and evaluation of that data, on the rates of compliance with this section and injuries associated with handling treated wood waste based on department inspections of treated wood waste generator sites and treated wood waste disposal facilities. To gather data to perform the required evaluation, the department shall do all of the following: (i) The department shall inspect representative treated wood waste generator sites and treated wood waste disposal facilities, which shall not to be less than 25 percent of each. (ii) The department shall survey and otherwise seek information on how households are currently handling, transporting, and disposing of treated wood waste, including available information from household hazardous waste collection facilities, solid waste transfer facilities, solid waste disposal facility load check programs, and CUPAs. (iii) The department shall, by survey or otherwise, seek data to determine whether sufficient information and convenient collection and disposal options are available to household generators of treated wood waste. (B) An evaluation of the adequacy of protective measures taken in tracking, handling, and disposing of treated wood waste. (C) Data regarding the unauthorized disposal of treated wood waste at disposal facilities that have not been approved for that disposal. (D) Conclusions regarding the handling of treated wood waste. (E) Recommendations for changes to the handling of treated wood waste to ensure the protection of public health and the environment. (2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2022, pursuant to Section 10231.5 of the Government Code. (k) This section shall become inoperative on December 31, 2020, and, as of January 1, 2021, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2021, deletes or extends the dates on which it becomes inoperative and is repealed. 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 requires the wood preserving industry to provide certain information relating to the potential danger of treated wood to wholesalers and retailers of treated wood and wood-like products. Existing law requires these wholesalers and retailers to conspicuously post the information at or near the point of display or customer selection of treated wood and wood-like products, as specified. This bill would update the information required to be posted by wholesalers and retailers of treated wood and treated wood-like products. (2) Existing law requires the Department of Toxic Substances Control to adopt, and revise as necessary, regulations establishing management standards for treated wood waste, subject to specified limitations. Existing law makes these, and other requirements regarding treated wood waste, inoperative on June 1, 2017, but provides that a regulation adopted pursuant to these provisions on or before June 1, 2012, continues in force and effect until repealed or revised. A violation of the state’s hazardous waste control laws is a crime. This bill would remove those limitations for treated wood waste regulations adopted by the department, would extend the operation of these provisions regarding treated wood waste to December 31, 2020, and would repeal the language concerning the continued operation of treated wood waste regulations. By extending the operation of a crime, the bill would impose a state-mandated local program. The bill would require, on or before January 1, 2018, the department to prepare, post on its Internet Web site, and provide to the appropriate policy committees of the Legislature, a comprehensive report with specified content on the compliance with, and implementation of, these laws relating to treated wood waste. (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.
An act to amend Section 25150.7 of the Health and Safety Code, relating to hazardous waste.
The people of the State of California do enact as follows: SECTION 1. Section 1271.5 is added to the Penal Code, to read: 1271.5. (a) Notwithstanding any other law, upon the appearance before a competent court or magistrate of a person charged with a criminal offense, the court or magistrate shall hold the hearing described in subdivision (f) and order that, pending trial, the person be one of the following: (1) Released on his or her own recognizance or upon execution of an unsecured appearance bond, pursuant to subdivision (b). (2) Released on a condition or combination of conditions, pursuant to subdivision (c). (3) Temporarily detained to permit revocation of conditional release, probation, parole, or postrelease community supervision pursuant to subdivision (d). (4) Detained pursuant to subdivision (e). (b) The court or magistrate shall order the pretrial release of the person on his or her own recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a federal, state, or local crime during the period of release unless, after a hearing held pursuant to subdivision (f), the court or magistrate determines that release pursuant to this subdivision will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. (c) (1) If, after a heafety, maintain employment, or, if unemployed, actively seek employment. (iii) If the court or magistrate specifically finds on the record that it is necessary to protect public safety, maintain or commence an educational program. (iv) Abide by specified restrictions on personal associations, place of abode, or travel. (v) Avoid all contact with an alleged victim of the crime and with a potential witness who may testify concerning the offense. (vi) Report on a regular basis to a designated law enforcement agency, pretrial services agency, or other agency. (vii) Comply with a specified curfew. (viii) Refrain from possessing a firearm, destructive device, or other dangerous weapon. (ix) Refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in Section 11007 of the Health and Safety Code, without a prescription by a licensed medical practitioner. (x) If the court or magistrate specifically finds on the record that it is necessary to protect public safety, undergo available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose. (xi) Execute an agreement to forfeit upon failing to appear as required, property of a sufficient unencumbered value, including money, as is reasonably necessary to assure the appearance of the person as required. (xii) Execute a bail bond with solvent sureties, who will execute an agreement to forfeit in an amount reasonably necessary to assure appearance of the person as required. In determining the amount required, the court or magistrate shall consider the person’s ability to pay. (xiii) Return to custody for specified hours following release for employment, schooling, or other limited purposes. (xiv) Satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person and the community. (2) In a case in which the defendant is charged with sexual assault, as defined in paragraph (3) of subdivision (b) of Section 13750, of a minor or failure to register pursuant to Section 290, release pursuant to this subdivision shall contain, at a minimum, a condition of electronic monitoring and the conditions specified in clauses (iv), (v), (vi), (vii), and (viii) of subparagraph (B) of paragraph (1), if the imposition of those conditions is reasonable and necessary to protect public safety in that case. (3) The court or magistrate shall not impose a financial condition to secure the pretrial detention of the person unless that condition is required to assure the appearance of the person pursuant to clause (xi) or (xii) of subparagraph (B) of paragraph (1). (4) The court or magistrate may, at any time, amend the order to release a person pursuant to this subdivision to impose additional or different conditions. (d) (1) The court or magistrate shall order the detention of the person, for a period of not more than 10 days, and direct the district attorney to notify the appropriate court, probation or parole officer, or federal, state, or local law enforcement official, if the court or magistrate determines both of the following: (A) The person is, and was at the time the offense was committed, on any of the following: (i) Release pending trial for a felony under federal, state, or local law. (ii) Release pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, for any offense under federal, state, or local law. (iii) Conditional release, probation, postrelease community supervision, or parole for any offense under federal, state, or local law. (B) The person may flee or pose a danger to any other person or the community. (2) If the official fails or declines to take the person into custody during that period, the person shall be treated in accordance with the other provisions of this section. (e) If, after a hearing pursuant to subdivision (f), the court or magistrate finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, the court or magistrate shall order the detention of the person before trial, except in cases in which bail is required pursuant to Section 12 or paragraph (3) of subdivision (f) of Section 28 of Article I of the California Constitution, in which case the court or magistrate shall set bail in accordance with other provisions of this chapter. (f) (1) The court or magistrate shall hold a hearing to determine if release on his or her own recognizance, release upon execution of an unsecured appearance bond, or release with any condition or combination of conditions described in paragraph (1) of subdivision (c) will reasonably assure the appearance of such person as required and the safety of any other person and the community. (2) (A) The hearing shall be held immediately upon the person’s first appearance before the court or magistrate unless the person, or the district attorney, seeks a continuance. (B) A continuance on motion of the district attorney shall not exceed three court days. (3) At the hearing, the person has the right to be represented by counsel, and, if financially unable to obtain adequate representation, to have counsel appointed. (4) The facts the court or magistrate uses to support a finding described in subdivision (e) shall be stated on the record. (5) The hearing may be reopened, before or after a determination by the court or magistrate, at any time before trial if the court or magistrate finds that information exists that was not known to the movant at the time of the hearing and that information has a material bearing on the issue whether there is a condition or combination of conditions that will reasonably assure the appearance of such person as required and the safety of any other person and the community. (g) Notwithstanding any other law, the court or magistrate shall, in determining whether there is a condition or combination of conditions that will reasonably assure the appearance of the person as required and the safety of any other person and the community, take into account the available information concerning all of the following: (1) The nature and circumstances of the offense charged, including, but not limited to, whether the offense is a crime of violence or involved a minor victim or a controlled substance, firearm, explosive, or destructive device. (2) The weight of the evidence against the person. (3) The history and characteristics of the person, including both the following: (A) The person’s character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings. (B) Whether, at the time of the current offense or arrest, the person was on probation, postrelease community supervision, parole, or other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal, state, or local law. (4) The nature and seriousness of the danger to any person or the community that would be posed by the person’s release. (h) An order issued pursuant to subdivision (b) or (c) shall include a written statement that sets forth all the conditions to which the person is subject, in a manner sufficiently clear and specific to serve as a guide for the person’s conduct and all of the following advisements: (1) The penalties for violating a condition imposed in the order, including the penalties for committing an offense while released prior to trial. (2) The consequences of violating a condition imposed in the order, including the immediate issuance of a warrant for the person’s arrest. (3) Applicable penalties relating to intimidation of witnesses, jurors, and officers of the court, obstruction of criminal investigations, tampering with a witness, victim, or an informant, and retaliating against a witness, victim, or an informant. (i) A detention order issued pursuant to subdivision (e) shall include written findings of fact and a written statement of the reasons for the detention, direct that the person be committed to a county jail separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal, and direct that the person be afforded reasonable opportunity for private consultation with counsel. (j) For purposes of this section, “unsecured appearance bond” means an order to release a person upon his or her promise to appear in court and his or her unsecured promise to pay an amount of money, specified by the court using its discretion, if he or she fails to appear as promised. SECTION 1. Section 13557.5 is added to the Water Code , to read: 13557.5. (a)The Legislature hereby finds and declares that, except in compliance with the provisions of this section, it is a waste and unreasonable use of water within the meaning of Section 2 of Article X of the California Constitution to discharge treated wastewater from an ocean or bay outfall, or for a water supplier or water replenishment district to not take treated wastewater made available to the supplier or district for groundwater recharge, surface water augmentation, or landscape irrigation. (b)On or before January 1, 2020, the state board shall promulgate regulations to require both of the following: (1)On or before January 1, 2023, each holder of an NPDES permit to submit to the state board the permitholder’s plans to achieve beneficial reuse, to the maximum extent possible, of treated wastewater that would otherwise be discharged through ocean or bay outfalls. (2)On or before January 1, 2033, the beneficial reuse of at least 50 percent of treated wastewater that the NPDES permitholder would otherwise discharge through ocean or bay outfalls relative to the inflow to the treatment plant. (c)The regulations promulgated pursuant to subdivision (b) shall provide operational and compliance flexibility in the event of an emergency, scheduled maintenance or repairs, extreme weather events, or any other factor that the board determines warrants consideration. (d)In developing the regulations pursuant to subdivision (b), the state board may convene an advisory group for the purpose of preparing a report or recommendations to the state board about how to implement this section and the state board may consider any other recommendations or testimony provided during the regulation adoption process. (e)Consistent with Section 3 of Article XIII A of the California Constitution, the state board may adopt reasonable fees payable by a holder of an NPDES permit to recover costs incurred in administering this section.
Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law requires that bail be set in a fixed amount, as specified, and requires, in setting, reducing, or denying bail, a judge or magistrate to take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or at a hearing of the case. Under existing law, the magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to ensure the defendant’s appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendant’s release on his or her own recognizance. This bill would require, notwithstanding any other law, and upon the appearance before a competent court or magistrate of a person charged with a criminal offense, the court or magistrate to hold a specified hearing and take one of several actions, including, among others, releasing the person on his or her own recognizance or upon execution of an unsecured appearance bond, unless the court or magistrate determines that release pursuant to that provision will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. The bill would also require the court or magistrate, if the court determines that releasing the person on his or her own recognizance or upon execution of an unsecured appearance bond will not reasonably assure his or her appearance as required or will endanger the safety of any other person or the community, to order the pretrial release of the person subject to specified conditions. If the court or magistrate finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, the court or magistrate shall order the detention of the person before trial, except as otherwise specified. The bill would require the court or magistrate to order the detention of the person for a period of not more than 10 days, and direct the district attorney to notify the appropriate court, probation or parole officer, or federal, state or local law enforcement official, if the court or magistrate determines the person may flee or pose a danger to any other person or the community and the person is, and was at the time the offense was committed, released pending trial, released pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, or on conditional release, probation, postrelease community supervision, or parole. The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable and that the waste or unreasonable use or unreasonable method of use of water be prevented. Existing law declares that the use of potable domestic water for certain nonpotable uses is a waste or an unreasonable use of water if recycled water is available, as determined by the State Water Resources Control Board, and other requirements are met. Under existing law, the state board and the 9 California regional water quality control boards prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. This bill would declare that, except in compliance with the bill’s provisions, it is a waste and unreasonable use of water to discharge treated wastewater from an ocean or bay outfall, or for a water supplier or water replenishment district to not take treated wastewater made available for certain purposes. The bill would require the state board to promulgate regulations, on or before January 1, 2020, that would require each NPDES permitholder, on or before January 1, 2023, to submit to the state board the permitholder’s plans to achieve beneficial reuse, to the maximum extent possible, of treated wastewater that would otherwise be discharged through ocean or bay outfalls. The bill would require these regulations to require, on or before January 1, 2033, the beneficial reuse of at least 50% of treated wastewater that the NPDES permitholder would otherwise discharge though ocean or bay outfalls relative to the inflow to the treatment plant. The bill would require the regulations to provide operational and compliance flexibility, as specified. The bill would authorize the state board to convene an advisory group and to consider any other recommendations or testimony provided during the regulation adoption process. The bill would authorize the state board to adopt reasonable fees payable by a holder of an NPDES permit to recover costs incurred in administering these provisions.
An act to add Section 13557.5 to the Water Code, relating to water. 1271.5 to the Penal Code, relating to bail.
The people of the State of California do enact as follows: SECTION 1. Section 667.61 of the Penal Code is amended to read: 667.61. (a) Except as provided in subdivision (j), (l), or (m), any person who is convicted of an offense specified in subdivision (c) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 25 years to life. (b) Except as provided in subdivision (a), (j), (l), or (m), any a person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 15 years to life. (c) This section shall apply to any of the following offenses: (1) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261. (2) Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262. (3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. (4) Lewd or lascivious act, in violation of subdivision (b) of Section 288. (5) Sexual penetration, in violation of subdivision (a) of Section 289. (6) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286. (7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 288a. (8) Lewd or lascivious act, in violation of subdivision (a) of Section 288. (9) Continuous sexual abuse of a child, in violation of Section 288.5. (d) The following circumstances shall apply to the offenses specified in subdivision (c): (1) The defendant has been convicted of a separate violation of an more than one offense specified in subdivision (c) on charges brought and tried separately , including an offense committed in another jurisdiction that includes all of the elements of an offense specified in subdivision (c). This paragraph shall apply irrespective of the order in which the offenses were committed or the convictions obtained. (2) The defendant kidnapped the victim of the present offense and the movement of the victim substantially increased the risk of harm to the victim over and above that level of risk necessarily inherent in the underlying offense in subdivision (c). (3) The defendant inflicted aggravated mayhem or torture on the victim or another person in the commission of the present offense in violation of Section 205 or 206. (4) The defendant committed the present offense during the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, with intent to commit an offense specified in subdivision (c). (5) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed any an act described in paragraph (2), (3), or (4) of this subdivision. (6) The defendant personally inflicted great bodily injury on the victim or another person in the commission of the present offense in violation of Section 12022.53, 12022.7, or 12022.8. (7) The defendant personally inflicted bodily harm on the victim who was under 14 years of age. (e) The following circumstances shall apply to the offenses specified in subdivision (c): (1) Except as provided in paragraph (2) of subdivision (d), the defendant kidnapped the victim of the present offense in violation of Section 207, 209, or 209.5. (2) Except as provided in paragraph (4) of subdivision (d), the defendant committed the present offense during the commission of a burglary in violation of Section 459. (3) The defendant personally used a dangerous or deadly weapon or a firearm in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5, or 12022.53. (4) The defendant has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim. (5) The defendant engaged in the tying or binding of the victim or another person in the commission of the present offense. (6) The defendant administered a controlled substance to the victim in the commission of the present offense in violation of Section 12022.75. (7) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any person committed any an act described in paragraph (1), (2), (3), (5), or (6) of this subdivision or paragraph (6) of subdivision (d). (f) If only the minimum number of circumstances specified in subdivision (d) or (e) that are required for the punishment provided in subdivision (a), (b), (j), (l), or (m) to apply have been pled and proved, that circumstance or those circumstances shall be used as the basis for imposing the term provided in subdivision (a), (b), (j), (l), or (m) whichever is greater, rather than being used to impose the punishment authorized under any other provision of law, unless another provision of law provides for a greater penalty or the punishment under another provision of law can be imposed in addition to the punishment provided by this section. However, if any an additional circumstance or circumstances specified in subdivision (d) or (e) have been pled and proved, the minimum number of circumstances shall be used as the basis for imposing the term provided in subdivision (a), (j), or (l) and any other additional circumstance or circumstances shall be used to impose any a punishment or enhancement authorized under any other provision of law. (g) Notwithstanding Section 1385 or any other provision of law, the court shall not strike any an allegation, admission, or finding of any of the circumstances specified in subdivision (d) or (e) for any a person who is subject to punishment under this section. (h) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any a person who is subject to punishment under this section. (i) For any an offense specified in paragraphs (1) to (7), inclusive, of subdivision (c), or in paragraphs (1) to (6), inclusive, of subdivision (n), the court shall impose a consecutive sentence for each offense that results in a conviction under this section if the crimes involve separate victims or involve the same victim on separate occasions as defined in subdivision (d) of Section 667.6. (j) (1) Any A person who is convicted of an offense specified in subdivision (c), with the exception of a violation of subdivision (a) of Section 288, upon a victim who is a child under 14 years of age under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), shall be punished by imprisonment in the state prison for life without the possibility of parole. Where the person was under 18 years of age at the time of the offense, the person shall be punished by imprisonment in the state prison for 25 years to life. (2) Any A person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e), upon a victim who is a child under 14 years of age, shall be punished by imprisonment in the state prison for 25 years to life. (k) As used in this section, “bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit an offense specified in subdivision (c). (l) Any A person who is convicted of an offense specified in subdivision (n) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), upon a victim who is a minor 14 years of age or older shall be punished by imprisonment in the state prison for life without the possibility of parole. If the person who was convicted was under 18 years of age at the time of the offense, he or she shall be punished by imprisonment in the state prison for 25 years to life. (m) Any A person who is convicted of an offense specified in subdivision (n) under one of the circumstances specified in subdivision (e) against a minor 14 years of age or older shall be punished by imprisonment in the state prison for 25 years to life. (n) Subdivisions (l) and (m) shall apply to any of the following offenses: (1) Rape, in violation of paragraph (2) of subdivision (a) of Section 261. (2) Spousal rape, in violation of paragraph (1) of subdivision (a) of Section 262. (3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. (4) Sexual penetration, in violation of paragraph (1) of subdivision (a) of Section 289. (5) Sodomy, in violation of paragraph (2) of subdivision (c) of Section 286, or in violation of subdivision (d) of Section 286. (6) Oral copulation, in violation of paragraph (2) of subdivision (c) of Section 288a, or in violation of subdivision (d) of Section 288a. (o) The penalties provided in this section shall apply only if the existence of any circumstance specified in subdivision (d) or (e) is alleged in the accusatory pleading pursuant to this section, and is either admitted by the defendant in open court or found to be true by the trier of fact.
Existing law, as amended by Proposition 83, the Sexual Predator Punishment and Control Act (Jessica’s Law), approved by the voters at the November 7, 2006, statewide general election, provides that a defendant shall be punished by imprisonment in the state prison for 25 years to life if convicted of certain crimes, including rape, sexual penetration, sodomy, oral copulation, continuous sexual abuse of a child, or rape, spousal rape, or sexual penetration in concert, if certain circumstances were present, including, among other things, if the defendant has been previously convicted of a specified offense. Proposition 83 provides that the Legislature may amend the provisions of the act to expand the scope of their application or increase the punishment or penalties by a statute passed by a majority vote of each house. This bill would specify that the 25-year to life prison term of 25 years to life applies if the defendant has been convicted of a separate violation of a more than one specified offense on charges brought and tried separately, irrespective of the order in which the offenses were committed or the convictions obtained.
An act to amend Section 667.61 of the Penal Code, relating to crimes.
The people of the State of California do enact as follows: SECTION 1. Section 12025 of the Fish and Game Code is amended to read: 12025. (a) In addition to any penalties imposed by any other law, a person found to have violated the code sections described in paragraphs (1) to (11), inclusive, in connection with the production or cultivation of a controlled substance on land under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the United States Bureau of Land Management, or within the respective ownership of a timberland production zone, as defined in Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code, of more than 50,000 acres, or while trespassing on other public or private land in connection with the production or cultivation of a controlled substance, shall be liable for a civil penalty as follows: (1) A person who violates Section 1602 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. (2) A person who violates Section 5650 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. (3) A person who violates Section 5652 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. (4) A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. (5) A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. (6) A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation. (7) A person who violates Section 384a of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. (8) A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. (9) A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. (10) A person who violates Section 2000 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. (11) A person who violates Section 2002 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. (b) (1) In addition to any penalties imposed by any other law, a person found to have violated the code sections described in this subdivision in connection with the production or cultivation of a controlled substance on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner shall be liable for a civil penalty as follows: (A) A person who violates Section 1602 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. (B) A person who violates Section 5650 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. (C) A person who violates Section 5652 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. (D) A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. (E) A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. (F) A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation. (G) A person who violates Section 384a of the Penal Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation. (H) A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. (I) A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. (J) A person who violates Section 2000 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. (K) A person who violates Section 2002 in connection with the production or cultivation of a controlled substance is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation. (2) Each day that a violation of a code section described in this subdivision occurs or continues to occur shall constitute a separate violation. (c) The civil penalty imposed for each separate violation pursuant to this section is in addition to any other civil penalty imposed for another violation of this section, or any violation of any other law. (d) All civil penalties imposed or collected by a court for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the following manner: (1) Thirty percent shall be distributed to the county in which the violation was committed pursuant to Section 13003. The county board of supervisors shall first use any revenues from those penalties to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation. (2) (A) Thirty percent shall be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in this section. (B) If the department receives reimbursement pursuant to this paragraph for activities funded pursuant to subdivision (f) of Section 4629.6 of the Public Resources Code, the reimbursement funds shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, if there is an unpaid balance for a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. (3) Forty percent shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, and used for grants authorized pursuant to Section 4629.6 of the Public Resources Code that improve forest health by remediating former marijuana growing operations. (e) Civil penalties authorized pursuant to this section may be imposed administratively by the department if all of the following occur: (1) The chief deputy director or law enforcement division assistant chief in charge of marijuana-related enforcement issues a complaint to any person or entity on which an administrative civil penalty may be imposed pursuant to this section. The complaint shall allege the act or failure to act that constitutes a violation, any facts related to natural resources impacts, the provision of law authorizing the civil penalty to be imposed, and the proposed penalty amount. (2) The complaint and order is served by personal notice or certified mail and informs the party served that the party may request a hearing not later than 20 days from the date of service. If a hearing is requested, it shall be scheduled before the director or his or her designee, which designee shall not be the chief deputy or assistant chief issuing the complaint and order. A request for a hearing shall contain a brief statement of the material facts the party claims support his or her contention that no administrative penalty should be imposed or that an administrative penalty of a lesser amount is warranted. A party served with a complaint pursuant to this subdivision waives his or her right to a hearing if a hearing is not requested within 20 days of service of the complaint, in which case the order imposing the administrative penalty shall become final. (3) The director, or his or her designee, shall control the nature and order of hearing proceedings. Hearings shall be informal in nature, and need not be conducted according to the technical rules relating to evidence. The director or his or her designee shall issue a final order within 45 days of the close of the hearing. A copy of the final order shall be served by certified mail upon the party served with the complaint. (4) A party may obtain review of the final order by filing a petition for a writ of mandate with the superior court within 30 days of the date of service of the final order. The administrative penalty shall be due and payable to the department within 60 days after the time to seek judicial review has expired, or, where the party did not request a hearing of the order, within 20 days after the order imposing an administrative penalty becomes final. (5) The department may adopt regulations to implement this subdivision. (f) All administrative penalties imposed or collected by the department for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, to repay any unpaid balance of a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. Any remaining funds from administrative penalties collected pursuant to this section shall be apportioned in the following manner: (1) Fifty percent shall be deposited into the Timber Regulation and Forest Restoration Fund for grants authorized pursuant to subdivision (h) of Section 4629.6 of the Public Resources Code, with priority given to grants that improve forest health by remediating former marijuana growing operations. (2) Fifty percent shall be deposited into the Fish and Game Preservation Fund. (g) Any civil penalty imposed pursuant to this section for the violation of an offense described in paragraph (4), (5), or (6) of subdivision (a) or subparagraph (D), (E), or (F) of paragraph (1) of subdivision (b) for which the person was convicted shall be offset by the amount of any restitution ordered by a criminal court. (h) For purposes of this section, “controlled substance” has the same meaning as defined in Section 11007 of the Health and Safety Code.
Existing law imposes various civil penalties for violations of specified provisions of the Fish and Game Code in connection with the production or cultivation of a controlled substance. Existing law requires all civil penalties collected to be apportioned as provided, including 30% of the funds to be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in these provisions. Existing law authorizes the Department of Fish and Wildlife to impose those civil penalties administratively, subject to specified requirements relating to complaint and hearing procedures, among other things. Existing law authorizes the department to adopt regulations to implement these provisions and requires the administrative penalties collected to be apportioned in a specified manner. This bill would impose various additional civil penalties, subject to these provisions, for violations of specified provisions of the Penal Code and the Public Resources Code, in connection with the production or cultivation of a controlled substance.
An act to amend Section 12025 of the Fish and Game Code, relating to controlled substances.
The people of the State of California do enact as follows: SECTION 1. Section 43.101 is added to the Civil Code, to read: 43.101. (a) An emergency responder shall not be liable for any damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the emergency responder was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of the emergency services listed in Section 853 of the Government Code. (b) (1) For purposes of this section, “emergency responder” means either of the following, if acting within the scope of authority implicitly or expressly provided by a public entity or a public employee to provide emergency services: (A) A paid or unpaid volunteer. (B) A private entity. (2) All of the following terms shall have the same meaning as the terms as used in Chapter 4.5 (commencing with Section 853) of Part 2 of Division 3.6 of Title 1 of the Government Code: (A) Public employee. (B) Public entity. (C) Unmanned aircraft. (D) Unmanned aircraft system. SEC. 2. Chapter 4.5 (commencing with Section 853) is added to Part 2 of Division 3.6 of Title 1 of the Government Code, to read: CHAPTER 4.5. Unmanned Aircraft 853. A public entity or public employee shall not be liable for any damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the public entity or public employee was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of any of the following emergency services: (a) Emergency medical services or ambulance transport services, including, but not limited to, air ambulance services. (b) Firefighting or firefighting-related services, including, but not limited to, air services related to firefighting or firefighting-related services. (c) Search and rescue services, including, but not limited to, air search and rescue services. 853.5. The following definitions shall apply to this chapter: (a) “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. (b) “Unmanned aircraft system” means an unmanned aircraft and associated elements, including, but not limited to, communication links and the components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system. SEC. 3. Section 402.5 is added to the Penal Code, to read: 402.5. (a) It is unlawful to knowingly, intentionally, or recklessly operate an unmanned aircraft or unmanned aircraft system in a manner that prevents or delays the extinguishment of a fire, or in any way interferes with the efforts of firefighters to control, contain, or extinguish a fire, including, but not limited to, efforts to control, contain, or extinguish the fire from the air. A violation of this section is punishable by imprisonment in a county jail not to exceed six months, by a fine not to exceed five thousand dollars ($5,000), or by both that imprisonment and fine. (b) (1) For purposes of this section, “unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. (2) For purposes of this section, “unmanned aircraft system” means an unmanned aircraft and associated elements, including, but not limited to, communication links and the components that control the unmanned aircraft that are required for the individual in command to operate safely and efficiently in the national airspace system. (3) For purposes of this section, “recklessly” means a person is aware of and consciously disregards a substantial and unjustifiable risk that his or her act will prevent or delay the extinguishment of a fire, or in any way interfere with the efforts of firefighters to control, contain, or extinguish a fire, including, but not limited to, efforts to control, contain, or extinguish the fire from the air. The risk shall be of such nature and degree that disregard of that risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware of that risk solely by reason of voluntary intoxication also acts recklessly for purposes of this section. 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: To address the interference of unmanned aircraft and unmanned aircraft systems with efforts to fight fires and to keep fires from raging out of control during this historic drought, and to protect public and private emergency responders who are providing specific critical emergency services from potential civil liability relating to the new and increasing proliferation of unmanned aircraft systems that disrupt the provision of those emergency services, it is necessary that this act take effect immediately.
(1) Existing law makes it a misdemeanor to engage in disorderly conduct that delays or prevents a fire from being timely extinguished or to resist or interfere with the lawful efforts of a firefighter in the discharge of an official duty. Existing law makes it a misdemeanor to impede police officers, firefighters, emergency personnel, or military personnel in the performance of their duties in coping with an emergency. This bill would make it unlawful to knowingly, intentionally, or recklessly operate an unmanned aircraft or unmanned aircraft system, as defined, in a manner that prevents or delays the extinguishment of a fire, or in any way interferes with the efforts of firefighters to control, contain, or extinguish a fire. The bill would make a violation of this prohibition punishable by imprisonment in a county jail not to exceed 6 months, by a fine not to exceed $5,000, or by both that fine and imprisonment. By creating a new crime, this bill would impose a state-mandated local program. (2) Existing law provides certain individuals with immunity from civil liability under specific circumstances, including, among others, limiting the civil liability of a person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency, as specified. This bill would further limit the exposure to civil liability of an emergency responder, defined as an unpaid volunteer or private entity acting within the scope of authority implicitly or expressly provided by a public entity or a public employee to provide emergency services, for damages to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the emergency responder was performing specific emergency services and the unmanned aircraft or unmanned aircraft system was interfering with the provision of those emergency services. (3) The Government Claims Act sets forth the general procedure for the presentation of a claim as a prerequisite to the commencement of an action for money or damages against a “public entity” or a “public employee,” and defines those terms for its purposes. The act prohibits liability against a public entity or public employee for, among other things, certain acts relating to the provision of fire protection and police and correctional activities, as specified. This bill would further limit the exposure to civil liability of a public entity or public employee for damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the public entity or public employee was performing specific emergency services and the unmanned aircraft or unmanned aircraft system was interfering with the provision of those emergency services. (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. (5) This bill would declare that it is to take effect immediately as an urgency statute.
An act to add Section 43.101 to the Civil Code, to add Chapter 4.5 (commencing with Section 853) to Part 2 of Division 3.6 of Title 1 of the Government Code, and to add Section 402.5 to the Penal Code, relating to unmanned aircraft systems, and declaring the urgency thereof, to take effect immediately.
The people of the State of California do enact as follows: SECTION 1. Section 10721 of the Water Code is amended to read: 10721. Unless the context otherwise requires, the following definitions govern the construction of this part: (a) “Adjudication action” means an action filed in the superior or federal district court to determine the rights to extract groundwater from a basin or store water within a basin, including, but not limited to, actions to quiet title respecting rights to extract or store groundwater or an action brought to impose a physical solution on a basin. (b) “Basin” means a groundwater basin or subbasin identified and defined in Bulletin 118 or as modified pursuant to Chapter 3 (commencing with Section 10722). (c) “Bulletin 118” means the department’s report entitled “California’s Groundwater: Bulletin 118” updated in 2003, as it may be subsequently updated or revised in accordance with Section 12924. (d) “Coordination agreement” means a legal agreement adopted between two or more groundwater sustainability agencies that provides the basis for coordinating multiple agencies or groundwater sustainability plans within a basin pursuant to this part. (e) “De minimis extractor” means a person who extracts, for domestic purposes, two 10 acre-feet or less per year. (f) “Governing body” means the legislative body of a groundwater sustainability agency. (g) “Groundwater” means water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, but does not include water that flows in known and definite channels. (h) “Groundwater extraction facility” means a device or method for extracting groundwater from within a basin. (i) “Groundwater recharge” means the augmentation of groundwater, by natural or artificial means. (j) “Groundwater sustainability agency” means one or more local agencies that implement the provisions of this part. For purposes of imposing fees pursuant to Chapter 8 (commencing with Section 10730) or taking action to enforce a groundwater sustainability plan, “groundwater sustainability agency” also means each local agency comprising the groundwater sustainability agency if the plan authorizes separate agency action. (k) “Groundwater sustainability plan” or “plan” means a plan of a groundwater sustainability agency proposed or adopted pursuant to this part. (l) “Groundwater sustainability program” means a coordinated and ongoing activity undertaken to benefit a basin, pursuant to a groundwater sustainability plan. (m) “Local agency” means a local public agency that has water supply, water management, or land use responsibilities within a groundwater basin. (n) “Operator” means a person operating a groundwater extraction facility. The owner of a groundwater extraction facility shall be conclusively presumed to be the operator unless a satisfactory showing is made to the governing body of the groundwater sustainability agency that the groundwater extraction facility actually is operated by some other person. (o) “Owner” means a person owning a groundwater extraction facility or an interest in a groundwater extraction facility other than a lien to secure the payment of a debt or other obligation. (p) “Personal information” has the same meaning as defined in Section 1798.3 of the Civil Code. (q) “Planning and implementation horizon” means a 50-year time period over which a groundwater sustainability agency determines that plans and measures will be implemented in a basin to ensure that the basin is operated within its sustainable yield. (r) “Public water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. (s) “Recharge area” means the area that supplies water to an aquifer in a groundwater basin. (t) “Sustainability goal” means the existence and implementation of one or more groundwater sustainability plans that achieve sustainable groundwater management by identifying and causing the implementation of measures targeted to ensure that the applicable basin is operated within its sustainable yield. (u) “Sustainable groundwater management” means the management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing undesirable results. (v) “Sustainable yield” means the maximum quantity of water, calculated over a base period representative of long-term conditions in the basin and including any temporary surplus, that can be withdrawn annually from a groundwater supply without causing an undesirable result. (w) “Undesirable result” means one or more of the following effects caused by groundwater conditions occurring throughout the basin: (1) Chronic lowering of groundwater levels indicating a significant and unreasonable depletion of supply if continued over the planning and implementation horizon. Overdraft during a period of drought is not sufficient to establish a chronic lowering of groundwater levels if extractions and recharge are managed as necessary to ensure that reductions in groundwater levels or storage during a period of drought are offset by increases in groundwater levels or storage during other periods. (2) Significant and unreasonable reduction of groundwater storage. (3) Significant and unreasonable seawater intrusion. (4) Significant and unreasonable degraded water quality, including the migration of contaminant plumes that impair water supplies. (5) Significant and unreasonable land subsidence that substantially interferes with surface land uses. (6) Depletions of interconnected surface water that have significant and unreasonable adverse impacts on beneficial uses of the surface water. (x) “Water budget” means an accounting of the total groundwater and surface water entering and leaving a basin including the changes in the amount of water stored. (y) “Watermaster” means a watermaster appointed by a court or pursuant to other law. (z) “Water year” means the period from October 1 through the following September 30, inclusive. (aa) “Wellhead protection area” means the surface and subsurface area surrounding a water well or well field that supplies a public water system through which contaminants are reasonably likely to migrate toward the water well or well field.
Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. Existing law authorizes a groundwater sustainability agency to require through its groundwater sustainability plan that the use of every groundwater extraction facility within the management area of the groundwater sustainablity agency be measured by a water-measuring device, but provides that these provisions do not apply to de minimis extractors. Existing law authorizes a groundwater sustainability agency to impose fees but prohibits a groundwater sustainability agency from imposing a fee to fund the costs of a groundwater sustainability program on a de minimis extractor unless the agency has regulated the users pursuant to the act. Existing law generally excepts a de minimis extractor from the requirement that a person who extracts groundwater from a probationary basin, as prescribed, or extracts groundwater on or after July 1, 2017, in an area within a basin that is not within the management area of a groundwater sustainability agency and where the county does not assume responsibility to be the groundwater sustainability agency has to file a report of groundwater extraction by December 15 of each year for extractions made in the preceding water year with the State Water Resources Control Board. Existing law defines a de minimis extractor for these purposes as a person who extracts, for domestic purposes, 2 acre-feet or less per year. This bill would define a de minimis extractor for the purposes of these provisions as a person who extracts, for domestic purposes, 10 acre-feet or less per year.
An act to amend Section 10721 of the Water Code, relating to groundwater.
The people of the State of California do enact as follows: SECTION 1. Section 1347 of the Penal Code is amended to read: 1347. (a) It is the intent of the Legislature in enacting this section to provide the court with discretion to employ alternative court procedures to protect the rights of a child witness, the rights of the defendant, and the integrity of the judicial process. In exercising its discretion, the court necessarily will be required to balance the rights of the defendant or defendants against the need to protect a child witness and to preserve the integrity of the court’s truthfinding function. This discretion is intended to be used selectively when the facts and circumstances in an individual case present compelling evidence of the need to use these alternative procedures. (b) Notwithstanding any other law, the court in a criminal proceeding, upon written notice by the prosecutor made at least three days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled, or during the course of the proceeding on the court’s own motion, may order that the testimony of a minor 13 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes all of the following findings: (1) The minor’s testimony will involve a recitation of the facts of any of the following: (A) An alleged sexual offense committed on or with the minor. (B) An alleged violent felony, as defined in subdivision (c) of Section 667.5. (C) An alleged felony offense specified in Section 273a or 273d of which the minor is a victim. (2) The impact on the minor of one or more of the factors enumerated in subparagraphs (A) to (E), inclusive, is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness unless closed-circuit testimony is used. (A) Testimony by the minor in the presence of the defendant would result in the child suffering serious emotional distress so that the child would be unavailable as a witness. (B) The defendant used a deadly weapon in the commission of the offense. (C) The defendant threatened serious bodily injury to the child or the child’s family, threatened incarceration or deportation of the child or a member of the child’s family, threatened removal of the child from the child’s family, or threatened the dissolution of the child’s family in order to prevent or dissuade the minor from attending or giving testimony at any trial or court proceeding, or to prevent the minor from reporting the alleged sexual offense, or from assisting in criminal prosecution. (D) The defendant inflicted great bodily injury upon the child in the commission of the offense. (E) The defendant or his or her counsel behaved during the hearing or trial in a way that caused the minor to be unable to continue his or her testimony. In making the determination required by this section, the court shall consider the age of the minor, the relationship between the minor and the defendant or defendants, any handicap or disability of the minor, and the nature of the acts charged. The minor’s refusal to testify shall not alone constitute sufficient evidence that the special procedure described in this section is necessary to obtain the minor’s testimony. (3) The equipment available for use of closed-circuit television would accurately communicate the image and demeanor of the minor to the judge, jury, defendant or defendants, and attorneys. (c) If the court orders the use of closed-circuit television, two-way closed-circuit television shall be used, except that if the impact on the minor of one or more of the factors enumerated in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (b), is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness even if two-way closed-circuit television is used, one-way closed-circuit television may be used. The prosecution shall give the defendant or defendants at least 30 days’ written notice of the prosecution’s intent to seek the use of one-way closed-circuit television, unless the prosecution shows good cause to the court why this 30-day notice requirement should not apply. (d) (1) The hearing on a motion brought pursuant to this section shall be conducted out of the presence of the jury. (2) Notwithstanding Section 804 of the Evidence Code or any other law, the court, in determining the merits of the motion, shall not compel the minor to testify at the hearing, nor shall the court deny the motion on the ground that the minor has not testified. (3) In determining whether the impact on an individual child of one or more of the five factors enumerated in paragraph (2) of subdivision (b) is so substantial that the minor is unavailable as a witness unless two-way or one-way closed-circuit television is used, the court may question the minor in chambers, or at some other comfortable place other than the courtroom, on the record for a reasonable period of time with the support person, the prosecutor, and defense counsel present. The defendant or defendants shall not be present. The court shall conduct the questioning of the minor and shall not permit the prosecutor or defense counsel to examine the minor. The prosecutor and defense counsel shall be permitted to submit proposed questions to the court prior to the session in chambers. Defense counsel shall be afforded a reasonable opportunity to consult with the defendant or defendants prior to the conclusion of the session in chambers. (e) When the court orders the testimony of a minor to be taken in another place outside of the courtroom, the court shall do all of the following: (1) Make a brief statement on the record, outside of the presence of the jury, of the reasons in support of its order. While the statement need not include traditional findings of fact, the reasons shall be set forth with sufficient specificity to permit meaningful review and to demonstrate that discretion was exercised in a careful, reasonable, and equitable manner. (2) Instruct the members of the jury that they are to draw no inferences from the use of closed-circuit television as a means of facilitating the testimony of the minor. (3) Instruct respective counsel, outside of the presence of the jury, that they are to make no comment during the course of the trial on the use of closed-circuit television procedures. (4) Instruct the support witness, outside of the presence of the jury, that he or she is not to coach, cue, or in any way influence or attempt to influence the testimony of the minor. (5) Order that a complete record of the examination of the minor, including the images and voices of all persons who in any way participate in the examination, be made and preserved as a video recording in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending and shall be made available for viewing to the prosecuting attorney, the defendant or defendants, and his or her attorney during ordinary business hours. The video recording shall be destroyed after five years have elapsed from the date of entry of judgment. If an appeal is filed, the video recording shall not be destroyed until a final judgment on appeal has been ordered. A video recording that is taken pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the witness. This subdivision does not affect the provisions of subdivision (b) of Section 868.7. (f) When the court orders the testimony of a minor to be taken in another place outside the courtroom, only the minor, a support person designated pursuant to Section 868.5, a nonuniformed bailiff, any technicians necessary to operate the closed-circuit equipment, and, after consultation with the prosecution and the defense, a representative appointed by the court, shall be physically present for the testimony. A video recording device shall record the image of the minor and his or her testimony, and a separate video recording device shall record the image of the support person. (g) When the court orders the testimony of a minor to be taken in another place outside the courtroom, the minor shall be brought into the judge’s chambers prior to the taking of his or her testimony to meet for a reasonable period of time with the judge, the prosecutor, and defense counsel. A support person for the minor shall also be present. This meeting shall be for the purpose of explaining the court process to the child and to allow the attorneys an opportunity to establish rapport with the child to facilitate later questioning by closed-circuit television. No participant shall discuss the defendant or defendants or any of the facts of the case with the minor during this meeting. (h) When the court orders the testimony of a minor to be taken in another place outside the courtroom, nothing in this section prohibits the court from ordering the minor to be brought into the courtroom for a limited purpose, including the identification of the defendant or defendants as the court deems necessary. (i) The examination shall be under oath, and the defendant or defendants shall be able to see and hear the minor witness, and if two-way closed-circuit television is used, the defendant’s image shall be transmitted live to the witness. (j) Nothing in this section affects the disqualification of witnesses pursuant to Section 701 of the Evidence Code. (k) The cost of examination by contemporaneous closed-circuit television ordered pursuant to this section shall be borne by the court out of its existing budget. (l) Nothing in this section shall be construed to prohibit a defendant from being represented by counsel during any closed-circuit testimony.
Existing law authorizes a court in a criminal proceeding, upon written notice by the prosecutor made at least 3 days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled or during the course of the proceeding on the court’s own motion, to order that the testimony of a minor 13 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes specified findings. One of the findings existing law requires is that the minor’s testimony will involve a recitation of the facts of specified crimes, including an alleged violent felony of which the minor is a victim. This bill would authorize a minor 13 years of age or younger to testify by contemporaneous examination and cross-examination if the testimony will involve the recitation of the facts of an alleged violent felony, whether or not the minor is a victim.
An act to amend Section 1347 of the Penal Code, relating to crimes.
The people of the State of California do enact as follows: SECTION 1. Chapter 3.6 (commencing with Section 1546) is added to Title 12 of Part 2 of the Penal Code, to read: CHAPTER 3.6. Electronic Communications Privacy Act 1546. For purposes of this chapter, the following definitions apply: (a) An “adverse result” means any of the following: (1) Danger to the life or physical safety of an individual. (2) Flight from prosecution. (3) Destruction of or tampering with evidence. (4) Intimidation of potential witnesses. (5) Serious jeopardy to an investigation or undue delay of a trial. (b) “Authorized possessor” means the possessor of an electronic device when that person is the owner of the device or has been authorized to possess the device by the owner of the device. (c) “Electronic communication” means the transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system. (d) “Electronic communication information” means any information about an electronic communication or the use of an electronic communication service, including, but not limited to, the contents, sender, recipients, format, or location of the sender or recipients at any point during the communication, the time or date the communication was created, sent, or received, or any information pertaining to any individual or device participating in the communication, including, but not limited to, an IP address. Electronic communication information does not include subscriber information as defined in this chapter. (e) “Electronic communication service” means a service that provides to its subscribers or users the ability to send or receive electronic communications, including any service that acts as an intermediary in the transmission of electronic communications, or stores electronic communication information. (f) “Electronic device” means a device that stores, generates, or transmits information in electronic form. (g) “Electronic device information” means any information stored on or generated through the operation of an electronic device, including the current and prior locations of the device. (h) “Electronic information” means electronic communication information or electronic device information. (i) “Government entity” means a department or agency of the state or a political subdivision thereof, or an individual acting for or on behalf of the state or a political subdivision thereof. (j) “Service provider” means a person or entity offering an electronic communication service. (k) “Specific consent” means consent provided directly to the government entity seeking information, including, but not limited to, when the government entity is the addressee or intended recipient or a member of the intended audience of an electronic communication. Specific consent does not require that the originator of the communication have actual knowledge that an addressee, intended recipient, or member of the specific audience is a government entity. (l) “Subscriber information” means the name, street address, telephone number, email address, or similar contact information provided by the subscriber to the provider to establish or maintain an account or communication channel, a subscriber or account number or identifier, the length of service, and the types of services used by a user of or subscriber to a service provider. 1546.1. (a) Except as provided in this section, a government entity shall not do any of the following: (1) Compel the production of or access to electronic communication information from a service provider. (2) Compel the production of or access to electronic device information from any person or entity other than the authorized possessor of the device. (3) Access electronic device information by means of physical interaction or electronic communication with the electronic device. This section does not prohibit the intended recipient of an electronic communication from voluntarily disclosing electronic communication information concerning that communication to a government entity. (b) A government entity may compel the production of or access to electronic communication information from a service provider, or compel the production of or access to electronic device information from any person or entity other than the authorized possessor of the device only under the following circumstances: (1) Pursuant to a warrant issued pursuant to Chapter 3 (commencing with Section 1523) and subject to subdivision (d). (2) Pursuant to a wiretap order issued pursuant to Chapter 1.4 (commencing with Section 629.50) of Title 15 of Part 1. (3) Pursuant to an order for electronic reader records issued pursuant to Section 1798.90 of the Civil Code. (4) Pursuant to a subpoena issued pursuant to existing state law, provided that the information is not sought for the purpose of investigating or prosecuting a criminal offense, and compelling the production of or access to the information via the subpoena is not otherwise prohibited by state or federal law. Nothing in this paragraph shall be construed to expand any authority under state law to compel the production of or access to electronic information. (c) A government entity may access electronic device information by means of physical interaction or electronic communication with the device only as follows: (1) Pursuant to a warrant issued pursuant to Chapter 3 (commencing with Section 1523) and subject to subdivision (d). (2) Pursuant to a wiretap order issued pursuant to Chapter 1.4 (commencing with Section 629.50) of Title 15 of Part 1. (3) With the specific consent of the authorized possessor of the device. (4) With the specific consent of the owner of the device, only when the device has been reported as lost or stolen. (5) If the government entity, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires access to the electronic device information. (6) If the government entity, in good faith, believes the device to be lost, stolen, or abandoned, provided that the entity shall only access electronic device information in order to attempt to identify, verify, or contact the owner or authorized possessor of the device. (7) Except where prohibited by state or federal law, if the device is seized from an inmate’s possession or found in an area of a correctional facility under the jurisdiction of the Department of Corrections and Rehabilitation where inmates have access and the device is not in the possession of an individual and the device is not known or believed to be the possession of an authorized visitor. Nothing in this paragraph shall be construed to supersede or override Section 4576. (d) Any warrant for electronic information shall comply with the following: (1) The warrant shall describe with particularity the information to be seized by specifying the time periods covered and, as appropriate and reasonable, the target individuals or accounts, the applications or services covered, and the types of information sought. (2) The warrant shall require that any information obtained through the execution of the warrant that is unrelated to the objective of the warrant shall be sealed and not subject to further review, use, or disclosure without a court order. A court shall issue such an order upon a finding that there is probable cause to believe that the information is relevant to an active investigation, or review, use, or disclosure is required by state or federal law. (3) The warrant shall comply with all other provisions of California and federal law, including any provisions prohibiting, limiting, or imposing additional requirements on the use of search warrants. If directed to a service provider, the warrant shall be accompanied by an order requiring the service provider to verify the authenticity of electronic information that it produces by providing an affidavit that complies with the requirements set forth in Section 1561 of the Evidence Code. Admission of that information into evidence shall be subject to Section 1562 of the Evidence Code. (e) When issuing any warrant or order for electronic information, or upon the petition from the target or recipient of the warrant or order, a court may, at its discretion, do any or all of the following: (1) Appoint a special master, as described in subdivision (d) of Section 1524, charged with ensuring that only information necessary to achieve the objective of the warrant or order is produced or accessed. (2) Require that any information obtained through the execution of the warrant or order that is unrelated to the objective of the warrant be destroyed as soon as feasible after the termination of the current investigation and any related investigations or proceedings. (f) A service provider may voluntarily disclose electronic communication information or subscriber information when that disclosure is not otherwise prohibited by state or federal law. (g) If a government entity receives electronic communication information voluntarily provided pursuant to subdivision (f), it shall destroy that information within 90 days unless one or more of the following circumstances apply: (1) The entity has or obtains the specific consent of the sender or recipient of the electronic communications about which information was disclosed. (2) The entity obtains a court order authorizing the retention of the information. A court shall issue a retention order upon a finding that the conditions justifying the initial voluntary disclosure persist, in which case the court shall authorize the retention of the information only for so long as those conditions persist, or there is probable cause to believe that the information constitutes evidence that a crime has been committed. (3) The entity reasonably believes that the information relates to child pornography and the information is retained as part of a multiagency database used in the investigation of child pornography and related crimes. (h) If a government entity obtains electronic information pursuant to an emergency involving danger of death or serious physical injury to a person, that requires access to the electronic information without delay, the entity shall, within three days after obtaining the electronic information, file with the appropriate court an application for a warrant or order authorizing obtaining the electronic information or a motion seeking approval of the emergency disclosures that shall set forth the facts giving rise to the emergency, and if applicable, a request supported by a sworn affidavit for an order delaying notification under paragraph (1) of subdivision (b) of Section 1546.2. The court shall promptly rule on the application or motion and shall order the immediate destruction of all information obtained, and immediate notification pursuant to subdivision (a) of Section 1546.2 if such notice has not already been given, upon a finding that the facts did not give rise to an emergency or upon rejecting the warrant or order application on any other ground. (i) This section does not limit the authority of a government entity to use an administrative, grand jury, trial, or civil discovery subpoena to do any of the following: (1) Require an originator, addressee, or intended recipient of an electronic communication to disclose any electronic communication information associated with that communication. (2) Require an entity that provides electronic communications services to its officers, directors, employees, or agents for the purpose of carrying out their duties, to disclose electronic communication information associated with an electronic communication to or from an officer, director, employee, or agent of the entity. (3) Require a service provider to provide subscriber information. 1546.2. (a) Except as otherwise provided in this section, any government entity that executes a warrant, or obtains electronic information in an emergency pursuant to Section 1546.1, shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, the identified targets of the warrant or emergency request, a notice that informs the recipient that information about the recipient has been compelled or requested, and states with reasonable specificity the nature of the government investigation under which the information is sought. The notice shall include a copy of the warrant or a written statement setting forth facts giving rise to the emergency. The notice shall be provided contemporaneously with the execution of a warrant, or, in the case of an emergency, within three days after obtaining the electronic information. (b) (1) When a warrant is sought or electronic information is obtained in an emergency under Section 1546.1, the government entity may submit a request supported by a sworn affidavit for an order delaying notification and prohibiting any party providing information from notifying any other party that information has been sought. The court shall issue the order if the court determines that there is reason to believe that notification may have an adverse result, but only for the period of time that the court finds there is reason to believe that the notification may have that adverse result, and not to exceed 90 days. (2) The court may grant extensions of the delay of up to 90 days each on the same grounds as provided in paragraph (1). (3) Upon expiration of the period of delay of the notification, the government entity shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective as specified by the court issuing the order authorizing delayed notification, the identified targets of the warrant, a document that includes the information described in subdivision (a), a copy of all electronic information obtained or a summary of that information, including, at a minimum, the number and types of records disclosed, the date and time when the earliest and latest records were created, and a statement of the grounds for the court’s determination to grant a delay in notifying the individual. (c) If there is no identified target of a warrant or emergency request at the time of its issuance, the government entity shall submit to the Department of Justice within three days of the execution of the warrant or issuance of the request all of the information required in subdivision (a). If an order delaying notice is obtained pursuant to subdivision (b), the government entity shall submit to the department upon the expiration of the period of delay of the notification all of the information required in paragraph (3) of subdivision (b). The department shall publish all those reports on its Internet Web site within 90 days of receipt. The department may redact names or other personal identifying information from the reports. (d) Except as otherwise provided in this section, nothing in this chapter shall prohibit or limit a service provider or any other party from disclosing information about any request or demand for electronic information. 1546.4. (a) Any person in a trial, hearing, or proceeding may move to suppress any electronic information obtained or retained in violation of the Fourth Amendment to the United States Constitution or of this chapter. The motion shall be made, determined, and be subject to review in accordance with the procedures set forth in subdivisions (b) to (q), inclusive, of Section 1538.5. (b) The Attorney General may commence a civil action to compel any government entity to comply with the provisions of this chapter. (c) An individual whose information is targeted by a warrant, order, or other legal process that is inconsistent with this chapter, or the California Constitution or the United States Constitution, or a service provider or any other recipient of the warrant, order, or other legal process may petition the issuing court to void or modify the warrant, order, or process, or to order the destruction of any information obtained in violation of this chapter, or the California Constitution, or the United States Constitution. (d) A California or foreign corporation, and its officers, employees, and agents, are not subject to any cause of action for providing records, information, facilities, or assistance in accordance with the terms of a warrant, court order, statutory authorization, emergency certification, or wiretap order issued pursuant to this chapter.
(1) Existing law provides that a search warrant may only be issued upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched. Existing law also states the grounds upon which a search warrant may be issued, including, among other grounds, when the property or things to be seized consist of any item or constitute any evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony, or when there is a warrant to arrest a person. This bill would prohibit a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, or subpoena issued pursuant under specified conditions, except for emergency situations, as defined. The bill would also specify the conditions under which a government entity may access electronic device information by means of physical interaction or electronic communication with the device, such as pursuant to a search warrant, wiretap order, or consent of the owner of the device. The bill would define a number of terms for those purposes, including, among others, “electronic communication information” and “electronic device information,” which the bill defines collectively as “electronic information.” The bill would require a search warrant for electronic information to describe with particularity the information to be seized and would impose other conditions on the use of the search warrant or wiretap order and the information obtained, including retention, sealing, and disclosure. The bill would require a warrant directed to a service provider to be accompanied by an order requiring the service provider to verify by affidavit the authenticity of electronic information that it produces, as specified. The bill would authorize a service provider to voluntarily disclose, when not otherwise prohibited by state or federal law, electronic communication information or subscriber information, and would require a government entity to destroy information so provided within 90 days, subject to specified exceptions. The bill would, subject to exceptions, require a government entity that executes a search warrant pursuant to these provisions to contemporaneously provide notice, as specified, to the identified target, that informs the recipient that information about the recipient has been compelled or requested, and that states the nature of the government investigation under which the information is sought. The bill would authorize a delay of 90 days, subject to renewal, for providing the notice under specified conditions that constitute an emergency. The bill would require the notice to include a copy of the warrant or statement describing the emergency under which the notice was delayed. The bill would provide that any person in a trial, hearing, or proceeding may move to suppress any electronic information obtained or retained in violation of its provisions, according to specified procedures. The bill would provide that a California or foreign corporation, and its officers, employees, and agents, are not subject to any cause of action for providing records, information, facilities, or assistance in accordance with the terms of a warrant, wiretap order, or other order issued pursuant to these provisions. (2) The California Constitution provides for the Right to Truth in Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. Because this bill would exclude evidence obtained or retained in violation of its provisions in a criminal proceeding, it requires a 2/3 vote of the Legislature.
An act to add Chapter 3.6 (commencing with Section 1546) to Title 12 of Part 2 of the Penal Code, relating to privacy.
The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the First Validating Act of 2015. SEC. 2. As used in this act: (a) “Public body” means all of the following: (1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” also means all cities, counties, cities and counties, districts, authorities, agencies, boards, commissions, and other entities, whether created by a general statute or a special act, including, but not limited to, the following: Agencies, boards, commissions, or entities constituted or provided for under or pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). Air pollution control districts of any kind. Air quality management districts. Airport districts. Assessment districts, benefit assessment districts, and special assessment districts of any public body. Bridge and highway districts. California water districts. Citrus pest control districts. City maintenance districts. Community college districts. Community development commissions in their capacity to act as a housing authority for other community development purposes of the jurisdiction in which the commission operates, except for any action taken with respect to the commission’s authority to act as a community redevelopment agency. Community facilities districts. Community rehabilitation districts. Community services districts. Conservancy districts. Cotton pest abatement districts. County boards of education. County drainage districts. County flood control and water districts. County free library systems. County maintenance districts. County sanitation districts. County service areas. County transportation commissions. County water agencies. County water authorities. County water districts. County waterworks districts. Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. Distribution districts of any public body. Drainage districts. Fire protection districts. Flood control and water conservation districts. Flood control districts. Garbage and refuse disposal districts. Garbage disposal districts. Geologic hazard abatement districts. Harbor districts. Harbor improvement districts. Harbor, recreation, and conservation districts. Health care authorities. Highway districts. Highway interchange districts. Highway lighting districts. Housing authorities. Improvement districts or improvement areas of any public body. Industrial development authorities. Infrastructure financing districts. Integrated financing districts. Irrigation districts. Joint highway districts. Levee districts. Library districts. Library districts in unincorporated towns and villages. Local agency formation commissions. Local health care districts. Local health districts. Local hospital districts. Local transportation authorities or commissions. Maintenance districts. Memorial districts. Metropolitan transportation commissions. Metropolitan water districts. Mosquito abatement and vector control districts. Multifamily improvement districts. Municipal improvement districts. Municipal utility districts. Municipal water districts. Nonprofit corporations. Nonprofit public benefit corporations. Open-space maintenance districts. Parking and business improvement areas. Parking authorities. Parking districts. Permanent road divisions. Pest abatement districts. Police protection districts. Port districts. Property and business improvement areas. Protection districts. Public cemetery districts. Public utility districts. Rapid transit districts. Reclamation districts. Recreation and park districts. Regional justice facility financing agencies. Regional park and open-space districts. Regional planning districts. Regional transportation commissions. Resort improvement districts. Resource conservation districts. River port districts. Road maintenance districts. Sanitary districts. School districts of any kind or class. School facilities improvement districts. Separation of grade districts. Service authorities for freeway emergencies. Sewer districts. Sewer maintenance districts. Small craft harbor districts. Special municipal tax districts. Stone and pome fruit pest control districts. Storm drain maintenance districts. Storm drainage districts. Storm drainage maintenance districts. Storm water districts. Toll tunnel authorities. Traffic authorities. Transit development boards. Transit districts. Unified and union school districts’ public libraries. Vehicle parking districts. Water agencies. Water authorities. Water conservation districts. Water districts. Water replenishment districts. Water storage districts. Watermaster districts. Wine grape pest and disease control districts. Zones, improvement zones, or service zones of any public body. (2) Notwithstanding paragraph (1), “public body” does not include any of the following: (A) A community redevelopment agency formed pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). (B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. (C) A joint powers authority that includes a community redevelopment agency or a community development commission as a member, with respect to its exercise of the powers of a community redevelopment agency. (b) “Bonds” means all instruments evidencing an indebtedness of a public body incurred or to be incurred for any public purpose, all leases, installment purchase agreements, or similar agreements wherein the obligor is one or more public bodies, all instruments evidencing the borrowing of money in anticipation of taxes, revenues, or other income of that body, all instruments payable from revenues or special funds of those public bodies, all certificates of participation evidencing interests in the leases, installment purchase agreements, or similar agreements, and all instruments funding, refunding, replacing, or amending any thereof or any indebtedness. (c) “Hereafter” means any time subsequent to the effective date of this act. (d) “Heretofore” means any time prior to the effective date of this act. (e) “Now” means the effective date of this act. SEC. 3. All public bodies heretofore organized or existing under any law, or under color of any law, are hereby declared to have been legally organized and to be legally functioning as those public bodies. Every public body, heretofore described, shall have all the rights, powers, and privileges, and be subject to all the duties and obligations, of those public bodies regularly formed pursuant to law. SEC. 4. The boundaries of every public body as heretofore established, defined, or recorded, or as heretofore actually shown on maps or plats used by the assessor, are hereby confirmed, validated, and declared legally established. SEC. 5. All acts and proceedings heretofore taken by any public body or bodies under any law, or under color of any law, for the annexation or inclusion of territory into those public bodies or for the annexation of those public bodies to any other public body or for the detachment, withdrawal, or exclusion of territory from any public body or for the consolidation, merger, or dissolution of any public bodies are hereby confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of any public body and of any person, public officer, board, or agency heretofore done or taken upon the question of the annexation or inclusion or of the withdrawal or exclusion of territory or the consolidation, merger, or dissolution of those public bodies. SEC. 6. (a) All acts and proceedings heretofore taken by or on behalf of any public body under any law, or under color of any law, for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds of any public body for any public purpose are hereby authorized, confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of public bodies and of any person, public officer, board, or agency heretofore done or taken upon the question of the authorization, issuance, sale, execution, delivery, or exchange of bonds. (b) All bonds of, or relating to, any public body heretofore issued shall be, in the form and manner issued and delivered, the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore awarded and sold to a purchaser and hereafter issued and delivered in accordance with the contract of sale and other proceedings for the award and sale shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued by ordinance, resolution, order, or other action adopted or taken by or on behalf of the public body and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued at an election and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. Whenever an election has heretofore been called for the purpose of submitting to the voters of any public body the question of issuing bonds for any public purpose, those bonds, if hereafter authorized by the required vote and in accordance with the proceedings heretofore taken, and issued and delivered in accordance with that authorization, shall be the legal, valid, and binding obligations of the public body. SEC. 7. (a) This act shall operate to supply legislative authorization as may be necessary to authorize, confirm, and validate any acts and proceedings heretofore taken pursuant to authority the Legislature could have supplied or provided for in the law under which those acts or proceedings were taken. (b) This act shall be limited to the validation of acts and proceedings to the extent that the same can be effectuated under the California Constitution and the United States Constitution. (c) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter being legally contested or inquired into in any legal proceeding now pending and undetermined or that is pending and undetermined during the period of 30 days from and after the effective date of this act. (d) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter that has heretofore been determined in any legal proceeding to be illegal, void, or ineffective. (e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. SEC. 8. Any action or proceeding contesting the validity of any action or proceeding heretofore taken under any law, or under color of any law, for the formation, organization, or incorporation of any public body, or for any annexation thereto, detachment or exclusion therefrom, or other change of boundaries thereof, or for the consolidation, merger, or dissolution of any public bodies, or for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds thereof upon any ground involving any alleged defect or illegality not effectively validated by the prior provisions of this act and not otherwise barred by any statute of limitations or by laches shall be commenced within six months of the effective date of this act, otherwise each and all of those matters shall be held to be valid and in every respect legal and incontestable. This act shall not extend the period allowed for legal action beyond the period that it would be barred by any presently existing valid statute of limitations. SEC. 9. Nothing contained in this act shall be construed to render the creation of any public body, or any change in the boundaries of any public body, effective for purposes of assessment or taxation unless the statement, together with the map or plat, required to be filed pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, is filed within the time and substantially in the manner required by those sections. SEC. 10. 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 validate the organization, boundaries, acts, proceedings, and bonds of public bodies as soon as possible, it is necessary that this act take immediate effect.
This bill would enact the First Validating Act of 2015, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities. This bill would declare that it is to take effect immediately as an urgency statute.
An act to validate the organization, boundaries, acts, proceedings, and bonds of public bodies, and to provide limitations of time in which actions may be commenced, and declaring the urgency thereof, to take effect immediately.
The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Second Validating Act of 2015. SEC. 2. As used in this act: (a) “Public body” means all of the following: (1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” also means all cities, counties, cities and counties, districts, authorities, agencies, boards, commissions, and other entities, whether created by a general statute or a special act, including, but not limited to, the following: Agencies, boards, commissions, or entities constituted or provided for under or pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). Air pollution control districts of any kind. Air quality management districts. Airport districts. Assessment districts, benefit assessment districts, and special assessment districts of any public body. Bridge and highway districts. California water districts. Citrus pest control districts. City maintenance districts. Community college districts. Community development commissions in their capacity to act as a housing authority for other community development purposes of the jurisdiction in which the commission operates, except for any action taken with respect to the commission’s authority to act as a community redevelopment agency. Community facilities districts. Community rehabilitation districts. Community services districts. Conservancy districts. Cotton pest abatement districts. County boards of education. County drainage districts. County flood control and water districts. County free library systems. County maintenance districts. County sanitation districts. County service areas. County transportation commissions. County water agencies. County water authorities. County water districts. County waterworks districts. Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. Distribution districts of any public body. Drainage districts. Fire protection districts. Flood control and water conservation districts. Flood control districts. Garbage and refuse disposal districts. Garbage disposal districts. Geologic hazard abatement districts. Harbor districts. Harbor improvement districts. Harbor, recreation, and conservation districts. Health care authorities. Highway districts. Highway interchange districts. Highway lighting districts. Housing authorities. Improvement districts or improvement areas of any public body. Industrial development authorities. Infrastructure financing districts. Integrated financing districts. Irrigation districts. Joint highway districts. Levee districts. Library districts. Library districts in unincorporated towns and villages. Local agency formation commissions. Local health care districts. Local health districts. Local hospital districts. Local transportation authorities or commissions. Maintenance districts. Memorial districts. Metropolitan transportation commissions. Metropolitan water districts. Mosquito abatement and vector control districts. Multifamily improvement districts. Municipal improvement districts. Municipal utility districts. Municipal water districts. Nonprofit corporations. Nonprofit public benefit corporations. Open-space maintenance districts. Parking and business improvement areas. Parking authorities. Parking districts. Permanent road divisions. Pest abatement districts. Police protection districts. Port districts. Property and business improvement areas. Protection districts. Public cemetery districts. Public utility districts. Rapid transit districts. Reclamation districts. Recreation and park districts. Regional justice facility financing agencies. Regional park and open-space districts. Regional planning districts. Regional transportation commissions. Resort improvement districts. Resource conservation districts. River port districts. Road maintenance districts. Sanitary districts. School districts of any kind or class. School facilities improvement districts. Separation of grade districts. Service authorities for freeway emergencies. Sewer districts. Sewer maintenance districts. Small craft harbor districts. Special municipal tax districts. Stone and pome fruit pest control districts. Storm drain maintenance districts. Storm drainage districts. Storm drainage maintenance districts. Storm water districts. Toll tunnel authorities. Traffic authorities. Transit development boards. Transit districts. Unified and union school districts’ public libraries. Vehicle parking districts. Water agencies. Water authorities. Water conservation districts. Water districts. Water replenishment districts. Water storage districts. Watermaster districts. Wine grape pest and disease control districts. Zones, improvement zones, or service zones of any public body. (2) Notwithstanding paragraph (1), “public body” does not include any of the following: (A) A community redevelopment agency formed pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). (B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. (C) A joint powers authority that includes a community redevelopment agency or a community development commission as a member, with respect to its exercise of the powers of a community redevelopment agency. (b) “Bonds” means all instruments evidencing an indebtedness of a public body incurred or to be incurred for any public purpose, all leases, installment purchase agreements, or similar agreements wherein the obligor is one or more public bodies, all instruments evidencing the borrowing of money in anticipation of taxes, revenues, or other income of that body, all instruments payable from revenues or special funds of those public bodies, all certificates of participation evidencing interests in the leases, installment purchase agreements, or similar agreements, and all instruments funding, refunding, replacing, or amending any thereof or any indebtedness. (c) “Hereafter” means any time subsequent to the effective date of this act. (d) “Heretofore” means any time prior to the effective date of this act. (e) “Now” means the effective date of this act. SEC. 3. All public bodies heretofore organized or existing under any law, or under color of any law, are hereby declared to have been legally organized and to be legally functioning as those public bodies. Every public body, heretofore described, shall have all the rights, powers, and privileges, and be subject to all the duties and obligations, of those public bodies regularly formed pursuant to law. SEC. 4. The boundaries of every public body as heretofore established, defined, or recorded, or as heretofore actually shown on maps or plats used by the assessor, are hereby confirmed, validated, and declared legally established. SEC. 5. All acts and proceedings heretofore taken by any public body or bodies under any law, or under color of any law, for the annexation or inclusion of territory into those public bodies or for the annexation of those public bodies to any other public body or for the detachment, withdrawal, or exclusion of territory from any public body or for the consolidation, merger, or dissolution of any public bodies are hereby confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of any public body and of any person, public officer, board, or agency heretofore done or taken upon the question of the annexation or inclusion or of the withdrawal or exclusion of territory or the consolidation, merger, or dissolution of those public bodies. SEC. 6. (a) All acts and proceedings heretofore taken by or on behalf of any public body under any law, or under color of any law, for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds of any public body for any public purpose are hereby authorized, confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of public bodies and of any person, public officer, board, or agency heretofore done or taken upon the question of the authorization, issuance, sale, execution, delivery, or exchange of bonds. (b) All bonds of, or relating to, any public body heretofore issued shall be, in the form and manner issued and delivered, the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore awarded and sold to a purchaser and hereafter issued and delivered in accordance with the contract of sale and other proceedings for the award and sale shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued by ordinance, resolution, order, or other action adopted or taken by or on behalf of the public body and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued at an election and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. Whenever an election has heretofore been called for the purpose of submitting to the voters of any public body the question of issuing bonds for any public purpose, those bonds, if hereafter authorized by the required vote and in accordance with the proceedings heretofore taken, and issued and delivered in accordance with that authorization, shall be the legal, valid, and binding obligations of the public body. SEC. 7. (a) This act shall operate to supply legislative authorization as may be necessary to authorize, confirm, and validate any acts and proceedings heretofore taken pursuant to authority the Legislature could have supplied or provided for in the law under which those acts or proceedings were taken. (b) This act shall be limited to the validation of acts and proceedings to the extent that the same can be effectuated under the California Constitution and the United States Constitution. (c) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter being legally contested or inquired into in any legal proceeding now pending and undetermined or that is pending and undetermined during the period of 30 days from and after the effective date of this act. (d) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter that has heretofore been determined in any legal proceeding to be illegal, void, or ineffective. (e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. SEC. 8. Any action or proceeding contesting the validity of any action or proceeding heretofore taken under any law, or under color of any law, for the formation, organization, or incorporation of any public body, or for any annexation thereto, detachment or exclusion therefrom, or other change of boundaries thereof, or for the consolidation, merger, or dissolution of any public bodies, or for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds thereof upon any ground involving any alleged defect or illegality not effectively validated by the prior provisions of this act and not otherwise barred by any statute of limitations or by laches shall be commenced within six months of the effective date of this act, otherwise each and all of those matters shall be held to be valid and in every respect legal and incontestable. This act shall not extend the period allowed for legal action beyond the period that it would be barred by any presently existing valid statute of limitations. SEC. 9. Nothing contained in this act shall be construed to render the creation of any public body, or any change in the boundaries of any public body, effective for purposes of assessment or taxation unless the statement, together with the map or plat, required to be filed pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, is filed within the time and substantially in the manner required by those sections. SEC. 10. 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 validate the organization, boundaries, acts, proceedings, and bonds of public bodies as soon as possible, it is necessary that this act take immediate effect.
This bill would enact the Second Validating Act of 2015, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities. This bill would declare that it is to take effect immediately as an urgency statute.
An act to validate the organization, boundaries, acts, proceedings, and bonds of public bodies, and to provide limitations of time in which actions may be commenced, and declaring the urgency thereof, to take effect immediately.
The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Third Validating Act of 2015. SEC. 2. As used in this act: (a) “Public body” means all of the following: (1) The state and all departments, agencies, boards, commissions, and authorities of the state. Except as provided in paragraph (2), “public body” also means all cities, counties, cities and counties, districts, authorities, agencies, boards, commissions, and other entities, whether created by a general statute or a special act, including, but not limited to, the following: Agencies, boards, commissions, or entities constituted or provided for under or pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). Air pollution control districts of any kind. Air quality management districts. Airport districts. Assessment districts, benefit assessment districts, and special assessment districts of any public body. Bridge and highway districts. California water districts. Citrus pest control districts. City maintenance districts. Community college districts. Community development commissions in their capacity to act as a housing authority for other community development purposes of the jurisdiction in which the commission operates, except for any action taken with respect to the commission’s authority to act as a community redevelopment agency. Community facilities districts. Community rehabilitation districts. Community services districts. Conservancy districts. Cotton pest abatement districts. County boards of education. County drainage districts. County flood control and water districts. County free library systems. County maintenance districts. County sanitation districts. County service areas. County transportation commissions. County water agencies. County water authorities. County water districts. County waterworks districts. Department of Water Resources and other agencies acting pursuant to Part 3 (commencing with Section 11100) of Division 6 of the Water Code. Distribution districts of any public body. Drainage districts. Fire protection districts. Flood control and water conservation districts. Flood control districts. Garbage and refuse disposal districts. Garbage disposal districts. Geologic hazard abatement districts. Harbor districts. Harbor improvement districts. Harbor, recreation, and conservation districts. Health care authorities. Highway districts. Highway interchange districts. Highway lighting districts. Housing authorities. Improvement districts or improvement areas of any public body. Industrial development authorities. Infrastructure financing districts. Integrated financing districts. Irrigation districts. Joint highway districts. Levee districts. Library districts. Library districts in unincorporated towns and villages. Local agency formation commissions. Local health care districts. Local health districts. Local hospital districts. Local transportation authorities or commissions. Maintenance districts. Memorial districts. Metropolitan transportation commissions. Metropolitan water districts. Mosquito abatement and vector control districts. Multifamily improvement districts. Municipal improvement districts. Municipal utility districts. Municipal water districts. Nonprofit corporations. Nonprofit public benefit corporations. Open-space maintenance districts. Parking and business improvement areas. Parking authorities. Parking districts. Permanent road divisions. Pest abatement districts. Police protection districts. Port districts. Property and business improvement areas. Protection districts. Public cemetery districts. Public utility districts. Rapid transit districts. Reclamation districts. Recreation and park districts. Regional justice facility financing agencies. Regional park and open-space districts. Regional planning districts. Regional transportation commissions. Resort improvement districts. Vehicle parking districts. Water agencies. Water authorities. Water conservation districts. Water districts. Water replenishment districts. Water storage districts. Watermaster districts. Wine grape pest and disease control districts. Zones, improvement zones, or service zones of any public body. (2) Notwithstanding paragraph (1), “public body” does not include any of the following: (A) A community redevelopment agency formed pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). (B) A community development commission, with respect to its exercise of the powers of a community redevelopment agency. (C) A joint powers authority that includes a community redevelopment agency or a community development commission as a member, with respect to its exercise of the powers of a community redevelopment agency. (b) “Bonds” means all instruments evidencing an indebtedness of a public body incurred or to be incurred for any public purpose, all leases, installment purchase agreements, or similar agreements wherein the obligor is one or more public bodies, all instruments evidencing the borrowing of money in anticipation of taxes, revenues, or other income of that body, all instruments payable from revenues or special funds of those public bodies, all certificates of participation evidencing interests in the leases, installment purchase agreements, or similar agreements, and all instruments funding, refunding, replacing, or amending any thereof or any indebtedness. (c) “Hereafter” means any time subsequent to the effective date of this act. (d) “Heretofore” means any time prior to the effective date of this act. (e) “Now” means the effective date of this act. SEC. 3. All public bodies heretofore organized or existing under any law, or under color of any law, are hereby declared to have been legally organized and to be legally functioning as those public bodies. Every public body, heretofore described, shall have all the rights, powers, and privileges, and be subject to all the duties and obligations, of those public bodies regularly formed pursuant to law. SEC. 4. The boundaries of every public body as heretofore established, defined, or recorded, or as heretofore actually shown on maps or plats used by the assessor, are hereby confirmed, validated, and declared legally established. SEC. 5. All acts and proceedings heretofore taken by any public body or bodies under any law, or under color of any law, for the annexation or inclusion of territory into those public bodies or for the annexation of those public bodies to any other public body or for the detachment, withdrawal, or exclusion of territory from any public body or for the consolidation, merger, or dissolution of any public bodies are hereby confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of any public body and of any person, public officer, board, or agency heretofore done or taken upon the question of the annexation or inclusion or of the withdrawal or exclusion of territory or the consolidation, merger, or dissolution of those public bodies. SEC. 6. (a) All acts and proceedings heretofore taken by or on behalf of any public body under any law, or under color of any law, for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds of any public body for any public purpose are hereby authorized, confirmed, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of public bodies and of any person, public officer, board, or agency heretofore done or taken upon the question of the authorization, issuance, sale, execution, delivery, or exchange of bonds. (b) All bonds of, or relating to, any public body heretofore issued shall be, in the form and manner issued and delivered, the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore awarded and sold to a purchaser and hereafter issued and delivered in accordance with the contract of sale and other proceedings for the award and sale shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued by ordinance, resolution, order, or other action adopted or taken by or on behalf of the public body and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. All bonds of, or relating to, any public body heretofore authorized to be issued at an election and hereafter issued and delivered in accordance with that authorization shall be the legal, valid, and binding obligations of the public body. Whenever an election has heretofore been called for the purpose of submitting to the voters of any public body the question of issuing bonds for any public purpose, those bonds, if hereafter authorized by the required vote and in accordance with the proceedings heretofore taken, and issued and delivered in accordance with that authorization, shall be the legal, valid, and binding obligations of the public body. SEC. 7. (a) This act shall operate to supply legislative authorization as may be necessary to authorize, confirm, and validate any acts and proceedings heretofore taken pursuant to authority the Legislature could have supplied or provided for in the law under which those acts or proceedings were taken. (b) This act shall be limited to the validation of acts and proceedings to the extent that the same can be effectuated under the California Constitution and the United States Constitution. (c) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter being legally contested or inquired into in any legal proceeding now pending and undetermined or that is pending and undetermined during the period of 30 days from and after the effective date of this act. (d) This act shall not operate to authorize, confirm, validate, or legalize any act, proceeding, or other matter that has heretofore been determined in any legal proceeding to be illegal, void, or ineffective. (e) This act shall not operate to authorize, confirm, validate, or legalize a contract between any public body and the United States. SEC. 8. Any action or proceeding contesting the validity of any action or proceeding heretofore taken under any law, or under color of any law, for the formation, organization, or incorporation of any public body, or for any annexation thereto, detachment or exclusion therefrom, or other change of boundaries thereof, or for the consolidation, merger, or dissolution of any public bodies, or for, or in connection with, the authorization, issuance, sale, execution, delivery, or exchange of bonds thereof upon any ground involving any alleged defect or illegality not effectively validated by the prior provisions of this act and not otherwise barred by any statute of limitations or by laches shall be commenced within six months of the effective date of this act, otherwise each and all of those matters shall be held to be valid and in every respect legal and incontestable. This act shall not extend the period allowed for legal action beyond the period that it would be barred by any presently existing valid statute of limitations. SEC. 9. Nothing contained in this act shall be construed to render the creation of any public body, or any change in the boundaries of any public body, effective for purposes of assessment or taxation unless the statement, together with the map or plat, required to be filed pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code, is filed within the time and substantially in the manner required by those sections.
This bill would enact the Third Validating Act of 2015, which would validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and specified districts, agencies, and entities.
An act to validate the organization, boundaries, acts, proceedings, and bonds of public bodies, and to provide limitations of time in which actions may be commenced.
The people of the State of California do enact as follows: SECTION 1. This act is intended to remove the sunset date in Section 12811.1 of the Public Utilities Code on the authority of a municipal utility district to collect delinquent fees, tolls, rates, rentals, and other charges on the tax roll. This act is not intended to change existing law regarding the protection provided to a property owner pursuant to Section 12822.6 of the Public Utilities Code, which prohibits a municipal utility district from collecting delinquent charges or penalties from a property owner accrued by a residential tenant in a nonmaster-metered building. SEC. 2. Section 12811.1 of the Public Utilities Code, as amended by Section 1 of Chapter 485 of the Statutes of 2010, is amended to read: 12811.1. (a) Except when prohibited by Section 12822.6, a district may, by resolution or ordinance, require the owner of record of real property within the district to pay the fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, and those fees, tolls, rates, rentals, and other charges that have become delinquent, together with interest and penalties thereon, are a lien on the property when a certificate is filed in the office of the county recorder pursuant to subdivision (b) and the lien has the force, effect, and priority of a judgment lien. No lien may be created under this section on any publicly owned property. (b) A lien under this section attaches when the district files for recordation in the office of the county recorder a certificate specifying the amount of the delinquent fees, tolls, rates, rentals, or other charges together with interest and penalties thereon; the name of the owner of record of the property to which services were rendered by the district; and the legal description of the property. Within 30 days of receipt of payment of all amounts due, including recordation fees paid by the district, the district shall file for recordation a release of the lien. (c) A district may, by resolution or ordinance, provide that any delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, may be collected on the tax roll in the same manner as property taxes. Before any entity may collect any delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant on the tax roll, the district shall prepare a report, provide notice, conduct a public hearing, and file a certificate in the office of the county recorder, as follows: (1) The general manager shall prepare and file with the district board of directors a report that describes each affected parcel of real property and the amount of the delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant for each affected parcel for the year. The general manager shall give notice of the filing of the report and of the time, date, and place for a public hearing by publishing the notice pursuant to Section 6066 of the Government Code in a newspaper of general circulation, and by mailing the notice to the owner of each affected parcel at least 14 days prior to the date of the hearing. (2) At the public hearing, the board of directors shall hear and consider any objections or protests to the report. At the conclusion of the public hearing, the board of directors may adopt or revise the delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant. The board of directors shall make its determination on each affected parcel and its determinations shall be final. (3) On or before August 10 of each year following these determinations, the general manager shall file with the county auditor a copy of the final report adopted by the board of directors. The county auditor shall enter the amount of the delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, against each of the affected parcels of real property as they appear on the current assessment roll. The county tax collector shall include the amount of the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, on the tax bills for each affected parcel of real property and collect the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, in the same manner as property taxes. (4) The district may recover any delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, by recording in the office of the county recorder of the county in which the affected parcel is located, a certificate declaring the amount of the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, due, and the name and last known address of the person liable therefor. From the time of recordation of the certificate, the amount of the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, constitutes a lien against the affected real property of the delinquent property owner in that county. This lien shall have the force, effect, and priority of a judgment lien. Within 30 days of receipt of payment of all amounts due, including recordation fees paid by the district, the district shall file for recordation a release of the lien. (5) The district shall not recover on the tax roll any delinquent fees, tolls, rates, rentals, or other charges for services for commercial use to a commercial tenant under an account established by the commercial tenant, from any subsequent tenant or the property owner, due to nonpayment of charges by a previous commercial tenant. For this purpose, the term “subsequent commercial tenant” shall not include an entity or adult person that was located at the same address during the period the charges or penalties accrued. This paragraph does not apply to master-metered accounts. (d) Notwithstanding Sections 6103 and 27383 of the Government Code, in filing any instrument, paper, or notice pursuant to this section, the district shall pay all applicable recording fees prescribed by law. (e) A district shall reimburse the county for the reasonable expenses incurred by the county pursuant to this section. (f) The remedies in this section are cumulative and in addition to any other remedy provided by law. The district may pursue remedies alternatively or consecutively. (g) This section does not apply to delinquent fees or charges for the furnishing of electrical service. SEC. 3. Section 12811.1 of the Public Utilities Code, as added by Section 2 of Chapter 485 of the Statutes of 2010, is repealed. SEC. 4. 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.
(1) The existing Municipal Utility District Act authorizes the formation of a municipal utility district. The act authorizes a district to acquire, construct, own, operate, control, or use works for supplying the inhabitants of the district and public agencies with light, water, power, heat, transportation, telephone service, or other means of communication, or means for the collection, treatment, or disposition of garbage, sewage, or refuse matter. The act authorizes a municipal utility district, by resolution or ordinance, to require the owner of record of privately owned real property within the district to pay the fees, tolls, rates, rentals, or other charges for certain utility services rendered to a lessee, tenant, or subtenant, and provides that those charges that have become delinquent, together with interest and penalties, are a lien on the property when a certificate is filed by the district in the office of the county recorder and that the lien has the force, effect, and priority of a judgment lien. The act, in addition to the above-described methods, establishes procedures, until January 1, 2016, for a municipal utility district to collect delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, for services rendered to a lessee, tenant, or subtenant, through the tax roll, in the same manner as property taxes. The act, until January 1, 2016, authorizes a municipal utility district to collect delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, for services rendered to a lessee, tenant, or subtenant, by recording in the office of the county recorder of the county in which the affected parcel is located, a certificate declaring the amount of the delinquent charges, together with interest and penalties thereon, which would then constitute a lien against the affected real property of the delinquent property owner in that county and have the force, effect, and priority of a judgment lien. The act, until January 1, 2016, requires a municipal utility district that exercises these collection measures to reimburse the county for the reasonable expenses incurred by the county. This bill would extend the operation of these provisions indefinitely. By requiring county auditors and recorders to undertake certain actions in response to the exercise of collection measures by a municipal utility district, the bill would impose a state-mandated local program. (2) The act prohibits a municipal utility district from collecting delinquent fees or charges using the above-described collection measures for the furnishing of electrical services and, beginning January 1, 2016, for the furnishing of water or sewer service to residential property. This bill would permanently authorize a municipal utility district to collect delinquent fees or charges using the above-described collection measures for the furnishing of water or sewer service to residential property. (3) The act requires any district that places a lien on a property for water or sewer service on or before December 31, 2014, pursuant to the above-described collection measures, to submit a report containing certain information to the Assembly and Senate Committees on Judiciary and to the Assembly and Senate Committees on Local Government on or before January 1, 2015. This bill would delete this provision. (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.
An act to amend and repeal Section 12811.1 of the Public Utilities Code, relating to utility charges.
The people of the State of California do enact as follows: SECTION 1. Section 22602 is added to the Financial Code, to read: 22602. (a) A licensee that is a finance lender may pay compensation to a person that is not licensed pursuant to this division in connection with the referral of one or more prospective borrowers to the licensee, when all of the following conditions are met: (1) The referral by the unlicensed person leads to the consummation of a commercial loan, as defined in Section 22502, between the licensee and the prospective borrower referred by the unlicensed person. (2) The loan contract provides for an annual percentage rate that does not exceed 36 percent. (3) Before approving the loan, the licensee does both of the following: (A) Obtains documentation from the prospective borrower documenting the borrower’s commercial status. Examples of acceptable forms of documentation include, but are not limited to, a seller’s permit, business license, articles of incorporation, income tax returns showing business income, or bank account statements showing business income. (B) Performs underwriting and obtains documentation to ensure that the prospective borrower will have sufficient monthly gross revenue with which to repay the loan pursuant to the loan terms, and does not make a loan if it determines through its underwriting that the prospective borrower’s total monthly expenses, including debt service payments on the loan for which the prospective borrower is being considered, will exceed the prospective borrower’s monthly gross revenue. Examples of acceptable forms of documentation for verifying current and projected gross monthly revenue and monthly expenses include, but are not limited to, tax returns, bank statements, merchant financial statements, business plans, business history, and industry-specific knowledge and experience. If the prospective borrower is a sole proprietor or a corporation and the loan will be secured by a personal guarantee provided by the owner of the corporation, a credit report from at least one consumer credit reporting agency that compiles and maintains files on consumers on a nationwide basis shall also be considered. (4) The licensee maintains records of all compensation paid to unlicensed persons in connection with the referral of borrowers for a period of at least four years. (5) The licensee annually submits information requested by the commissioner regarding the payment of compensation in the report required pursuant to Section 22159. (b) A licensee that pays compensation to a person that is not licensed pursuant to this division in connection with a referral for a commercial loan made by that licensee to a borrower shall be liable for any misrepresentation made to that borrower in connection with that loan. (c) The following activities by an unlicensed person are not authorized by this section: (1) Participating in any loan negotiation. (2) Counseling or advising the borrower about a loan. (3) Participating in the preparation of any loan documents, including credit applications. (4) Contacting the licensee on behalf of the borrower other than to refer the borrower. (5) Gathering loan documentation from the borrower or delivering the documentation to the licensee. (6) Communicating lending decisions or inquiries to the borrower. (7) Participating in establishing any sales literature or marketing materials. (8) Obtaining the borrower’s signature on documents. (d) The prohibitions in subdivision (c) do not apply if the unlicensed person meets one or more of the following criteria: (1) Is exempt from licensure under this division. (2) Is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code. (3) Is a business assistance organization recognized by the United States Small Business Administration. (4) Is engaged in one or more of the activities described in paragraphs (1) to (8), inclusive, of subdivision (c) in connection with five or fewer commercial loans in a 12-month period made by persons licensed under this division. (e) The commissioner may adopt regulations under this section to impose conditions on the referral activity authorized under this section. The commissioner may classify persons, loans, loan terms, referral methods, and other matters within his or her jurisdiction, and may prescribe different requirements for different classes of loans. (f) Nothing in this section shall authorize the payment of a referral fee to an unlicensed person for a residential mortgage loan, nor the payment of a referral fee to a person required to be licensed under Section 10131 or 10131.1 of the Business and Professions Code, unless such person is licensed by the Bureau of Real Estate pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code. (g) For the purposes of this section, “referral” means either the introduction of the borrower and the finance lender or the delivery to the finance lender of the borrower’s contact information. SEC. 2. Section 22603 is added to the Financial Code, to read: 22603. A licensee that is a finance lender shall provide a prospective borrower who has been referred by an unlicensed person the following written statement, in 10-point font or larger, at the time the licensee receives an application for a commercial loan, and shall require the prospective borrower to acknowledge receipt of the statement in writing: “You have been referred to us by [Name of Unlicensed Person]. If you are approved for the loan, we may pay a fee to [Name of Unlicensed Person] for the successful referral. [Licensee], and not [Name of Unlicensed Person] is the sole party authorized to offer a loan to you. You should ensure that you understand any loan offer we may extend to you before agreeing to the loan terms. If you wish to report a complaint about this loan transaction, you may contact the Department of Business Oversight at 1-866-ASK-CORP (1-866-275-2677), or file your complaint online at www.dbo.ca.gov.” SEC. 3. Section 22604 is added to the Financial Code, to read: 22604. (a) Any person that receives compensation in connection with a referral, as described in Section 22602, that leads to the consummation of a commercial loan under this division may not do any of the following: (1) Make a materially false or misleading statement or representation to a prospective borrower about the terms or conditions of a prospective loan. (2) Advertise, print, display, publish, distribute, or broadcast any statement or representation with regard to the conditions for making or negotiating a loan that is false, misleading, or deceptive, or that omits material information that is necessary to make the statements made not false, misleading, or deceptive. (3) Engage in any act in violation of Section 17200 of the Business and Professions Code. (4) Commit an act that constitutes fraud or dishonest dealings. (5) Fail to safeguard a prospective borrower’s personally identifiable information. (b) For purposes of this section, “personally identifiable information” means information that is not publicly available, that a prospective borrower provides for the purpose of obtaining a loan or other financial product. Personally identifiable information includes information a prospective borrower provides on an application to obtain a loan, credit card, or other financial product or service. (c) Whenever, in the opinion of the commissioner, any person is engaged in the business of soliciting borrowers for a loan to be made by a licensee under this division, and the person is not in compliance with this section, Section 22602, Section 22603, or any other provision of this division authorizing such activity or exempting the person from this division, the commissioner may order the person to desist and to refrain from engaging in the business or further violating this division. 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 California Finance Lenders Law, provides for the licensure and regulation of finance lenders by the Commissioner of Business Oversight. Existing law makes a willful violation of the law by any person a crime. Existing law defines a finance lender as any person who is engaged in the business of making consumer loans or commercial loans. Existing law defines a commercial loan as a loan of a principal amount of $5,000 or more, or any loan under an open-end credit program, whether secured by either real or personal property, or both, or unsecured, the proceeds of which are intended by the borrower for use primarily for purposes other than personal, family, or household. This bill would authorize a licensed finance lender to compensate an unlicensed person in connection with the referral, as defined, of one or more prospective borrowers to the licensee for a commercial loan if certain requirements are met. These requirements would include, among other things, that the referral leads to the consummation of a commercial loan, the loan contract provides for an annual percentage rate that does not exceed a certain percentage, the licensed finance lender obtains documentation from the prospective borrower documenting the borrower’s commercial status, and that the licensee maintains records of compensation paid to an unlicensed person, as specified. The bill would make a licensee paying compensation to an unlicensed person in connection with a referral liable for any misrepresentation made to a borrower in connection with that loan made to that borrower by that licensee. The bill would authorize the commissioner to adopt regulations imposing conditions on this referral activity, as specified. The bill would also require a licensed finance lender who receives an application for a commercial loan from a prospective borrower who has been referred by an unlicensed person to provide a specified statement to the borrower regarding the referral arrangement. The bill would prohibit any person receiving compensation in connection with a referral that leads to the consummation of a commercial loan from engaging in specified acts and would authorize the commissioner to order this person to desist and refrain from engaging in the business or further violating those provisions governing such referral. By creating new requirements, the willful 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.
An act to add Sections 22602, 22603, and 22604 to the Financial Code, relating to finance lenders.
The people of the State of California do enact as follows: SECTION 1. Section 12300 of the Welfare and Institutions Code is amended to read: 12300. (a) The purpose of this article is to provide in every county in a manner consistent with this chapter and the annual Budget Act those supportive services identified in this section to aged, blind, or disabled persons, as defined under this chapter, who are unable to perform the services themselves and who cannot safely remain in their homes or abodes of their own choosing unless these services are provided. (b) Supportive services shall include domestic services and services related to domestic services, heavy cleaning, personal care services, accompaniment by a provider when needed during necessary travel to health-related appointments or to alternative resource sites, yard hazard abatement, protective supervision, up to two hours per month of assistance in reading and completing financial and other documents for a recipient who is blind, teaching and demonstration directed at reducing the need for other supportive services, and paramedical services that make it possible for the recipient to establish and maintain an independent living arrangement. (c) Personal care services shall mean all of the following: (1) Assistance with ambulation. (2) Bathing, oral hygiene, and grooming. (3) Dressing. (4) Care and assistance with prosthetic devices. (5) Bowel, bladder, and menstrual care. (6) Repositioning, skin care, range of motion exercises, and transfers. (7) Feeding and assurance of adequate fluid intake. (8) Respiration. (9) Assistance with self-administration of medications. (d) Personal care services are available if these services are provided in the beneficiary’s home and other locations as may be authorized by the director. Among the locations that may be authorized by the director under this subdivision is the recipient’s place of employment if all of the following conditions are met: (1) The personal care services are limited to those that are currently authorized for a recipient in the recipient’s home and those services are to be utilized by the recipient at the recipient’s place of employment to enable the recipient to obtain, retain, or return to work. Authorized services utilized by the recipient at the recipient’s place of employment shall be services that are relevant and necessary in supporting and maintaining employment. However, workplace services shall not be used to supplant any reasonable accommodations required of an employer by the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.; ADA) or other legal entitlements or third-party obligations. (2) The provision of personal care services at the recipient’s place of employment shall be authorized only to the extent that the total hours utilized at the workplace are within the total personal care services hours authorized for the recipient in the home. Additional personal care services hours may not be authorized in connection with a recipient’s employment. (e) When supportive services are provided by a person who has the legal duty pursuant to the Family Code to provide for the care of his or her child who is the recipient, the provider of supportive services shall receive remuneration for the services only when the provider leaves full-time employment or is prevented from obtaining full-time employment because no other suitable provider is available and when the inability of the provider to provide supportive services may result in inappropriate placement or inadequate care. These providers shall be paid only for the following: (1) Services related to domestic services. (2) Personal care services. (3) Accompaniment by a provider when needed during necessary travel to health-related appointments or to alternative resource sites. (4) Protective supervision only as needed because of the functional limitations of the child. (5) Paramedical services. (f) To encourage maximum voluntary services, so as to reduce governmental costs, respite care shall also be provided. Respite care is temporary or periodic service for eligible recipients to relieve persons who are providing care without compensation. (g) A person who is eligible to receive a service or services under an approved federal waiver authorized pursuant to Section 14132.951, or a person who is eligible to receive a service or services authorized pursuant to Section 14132.95, shall not be eligible to receive the same service or services pursuant to this article. In the event that the waiver authorized pursuant to Section 14132.951, as approved by the federal government, does not extend eligibility to all persons otherwise eligible for services under this article, or does not cover a service or particular services, or does not cover the scope of a service that a person would otherwise be eligible to receive under this article, those persons who are not eligible for services, or for a particular service under the waiver or Section 14132.95 shall be eligible for services under this article. (h) (1) All services provided pursuant to this article shall be equal in amount, scope, and duration to the same services provided pursuant to Section 14132.95, including any adjustments that may be made to those services pursuant to subdivision (e) of Section 14132.95. (2) Notwithstanding any other provision of this article, the rate of reimbursement for in-home supportive services provided through any mode of service shall not exceed the rate of reimbursement established under subdivision (j) of Section 14132.95 for the same mode of service unless otherwise provided in the annual Budget Act. (3) The maximum number of hours available under Section 14132.95, Section 14132.951, and this section, combined, shall be 283 hours per month. Any recipient of services under this article shall receive no more than the applicable maximum specified in Section 12303.4. (i) The Director of Health Care Services shall, by January 1, 2017, seek all federal approvals necessary to ensure that Medicaid funds may be used in implementing the service to blind recipients specified in subdivision (b). The service includes assistance in reading and completing financial and other documents for a recipient who is blind. The authorization to provide the service to blind recipients specified in subdivision (b) shall become operative on January 1, 2017. Provision of the service shall be implemented only if, and to the extent that, federal financial participation is available, and any necessary federal approvals have been obtained. (j) 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 the service to blind recipients specified in subdivision (b) through all-county letters or similar instructions from the director. On or before January 1, 2018, the department shall adopt regulations to implement the service to blind recipients specified in subdivision (b). 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, 2019. 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.
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 provides for the county-administered In-Home Supportive Services (IHSS) program, under which, either through employment by the recipient, or by or through contract by the county, qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes. Existing law requires the provision of personal care services under the Medi-Cal program to eligible IHSS recipients. Under existing law, county welfare departments are required to provide visually impaired applicants and recipients with information on, and referral services to, entities that provide reading services to visually impaired persons. Existing law defines “supportive services” for purposes of the IHSS program. This bill would, commencing January 1, 2017, include within the definition of supportive services up to 2 hours per month of assistance in reading and completing financial and other documents for a recipient of services under the IHSS program who is blind. By expanding the scope of available services under the IHSS program, this bill would impose a state-mandated local program. The bill would also require the Director of Health Care Services to seek any federal approvals necessary to ensure that Medicaid funds may be used in implementing this provision. The bill would authorize the department to implement the provision through all-county letters or similar instructions from the director until emergency regulations are filed, and would require the adoption of emergency regulations by January 1, 2018, and final regulations by January 1, 2019, to implement this provision, as specified. 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.
An act to amend Section 12300 of the Welfare and Institutions Code, relating to public social services.
The people of the State of California do enact as follows: SECTION 1. Section 48204 of the Education Code, as amended by Section 1 of Chapter 93 of the Statutes of 2012, is amended to read: 48204. (a) Notwithstanding Section 48200, a pupil complies with the residency requirements for school attendance in a school district, if he or she is any of the following: (1) (A) A pupil placed within the boundaries of that school district in a regularly established licensed children’s institution, or a licensed foster home, or a family home pursuant to a commitment or placement under Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code. (B) An agency placing a pupil in a home or institution described in subparagraph (A) shall provide evidence to the school that the placement or commitment is pursuant to law. (2) A pupil who is a foster child who remains in his or her school of origin pursuant to subdivisions (e) and (f) of Section 48853.5. (3) A pupil for whom interdistrict attendance has been approved pursuant to Chapter 5 (commencing with Section 46600) of Part 26. (4) A pupil whose residence is located within the boundaries of that school district and whose parent or legal guardian is relieved of responsibility, control, and authority through emancipation. (5) A pupil who lives in the home of a caregiving adult that is located within the boundaries of that school district. Execution of an affidavit under penalty of perjury pursuant to Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code by the caregiving adult is a sufficient basis for a determination that the pupil lives in the home of the caregiver, unless the school district determines from actual facts that the pupil is not living in the home of the caregiver. (6) A pupil residing in a state hospital located within the boundaries of that school district. (7) A pupil whose parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the pupil at the place of his or her employment within the boundaries of the school district for a minimum of three days during the school week. (b) A school district may deem a pupil to have complied with the residency requirements for school attendance in the school district if at least one parent or the legal guardian of the pupil is physically employed within the boundaries of that school district for a minimum of 10 hours during the school week. (1) This subdivision does not require the school district within which at least one parent or the legal guardian of a pupil is employed to admit the pupil to its schools. A school district shall not, however, refuse to admit a pupil under this subdivision on the basis, except as expressly provided in this subdivision, of race, ethnicity, sex, parental income, scholastic achievement, or any other arbitrary consideration. (2) The school district in which the residency of either the parents or the legal guardian of the pupil is established, or the school district to which the pupil is to be transferred under this subdivision, may prohibit the transfer of the pupil under this subdivision if the governing board of the school district determines that the transfer would negatively impact the court-ordered or voluntary desegregation plan of the school district. (3) The school district to which the pupil is to be transferred under this subdivision may prohibit the transfer of the pupil if the school district determines that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer. (4) The governing board of a school district that prohibits the transfer of a pupil pursuant to paragraph (1), (2), or (3) is encouraged to identify, and communicate in writing to the parents or the legal guardian of the pupil, the specific reasons for that determination and is encouraged to ensure that the determination, and the specific reasons for the determination, are accurately recorded in the minutes of the board meeting in which the determination was made. (5) The average daily attendance for pupils admitted pursuant to this subdivision is calculated pursuant to Section 46607. (6) Unless approved by the sending school district, this subdivision does not authorize a net transfer of pupils out of a school district, calculated as the difference between the number of pupils exiting the school district and the number of pupils entering the school district, in a fiscal year in excess of the following amounts: (A) For a school district with an average daily attendance for that fiscal year of less than 501, 5 percent of the average daily attendance of the school district. (B) For a school district with an average daily attendance for that fiscal year of 501 or more, but less than 2,501, 3 percent of the average daily attendance of the school district or 25 pupils, whichever amount is greater. (C) For a school district with an average daily attendance of 2,501 or more, 1 percent of the average daily attendance of the school district or 75 pupils, whichever amount is greater. (7) Once a pupil is deemed to have complied with the residency requirements for school attendance pursuant to this subdivision and is enrolled in a school in a school district the boundaries of which include the location where at least one parent or the legal guardian of a pupil is physically employed, the pupil does not have to reapply in the next school year to attend a school within that school district and the governing board of the school district shall allow the pupil to attend school through grade 12 in that school district if the parent or legal guardian so chooses and if at least one parent or the legal guardian of the pupil continues to be physically employed by an employer situated within the attendance boundaries of the school district, subject to paragraphs (1) to (6), inclusive. (c) This section shall become inoperative on July 1, 2017, and as of January 1, 2018, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2018, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 2. Section 48204 of the Education Code, as amended by Section 2 of Chapter 93 of the Statutes of 2012, is amended to read: 48204. (a) Notwithstanding Section 48200, a pupil complies with the residency requirements for school and authority through emancipation. (5) A pupil who lives in the home of a caregiving adult that is located within the boundaries of that school district. Execution of an affidavit under penalty of perjury pursuant to Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code by the caregiving adult is a sufficient basis for a determination that the pupil lives in the home of the caregiver, unless the school district determines from actual facts that the pupil is not living in the home of the caregiver. (6) A pupil residing in a state hospital located within the boundaries of that school district. (7) A pupil whose parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the pupil at the place of his or her employment within the boundaries of the school district for a minimum of three days during the school week. (b) This section shall become operative on July 1, 2017. 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 requires persons between 6 and 18 years of age, inclusive, to attend a public school within the school district in which the pupil’s parent or legal guardian resides, unless otherwise exempted. Existing law provides that a pupil complies with a school district’s residency requirements for school attendance in that school district if the pupil meets one of the specified requirements. This bill would provide that a pupil complies with a school district’s residency requirements in instances where the pupil’s parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the pupil at the place of his or her employment within the boundaries of the school district for a minimum of 3 days during the school week. By requiring a school district to allow those pupils to attend a public school within the school district, thereby increasing the duties of a school district, 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.
An act to amend Section 48204 of the Education Code, relating to pupils.
The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Over the past 30 years, adult diabetes rates have nearly tripled in the United States. Currently, one in 9 percent of adults in the United States has have diabetes and more than one-third have prediabetes. In California, an estimated 14 percent of adults have diabetes. Over the past 10 years, the percentage of teens nationwide that have diabetes or prediabetes has increased from 9 percent to 23 percent. One in three children born today, including one-half of African American and Latino children, is expected to develop diabetes in their lifetime. Complications of diabetes include heart disease, nerve damage, gum infections, kidney disease, hearing impairment, blindness, amputation of toes, feet, or legs, and increased risk of Alzheimer’s disease. (b) Diabetes costs the state at least $24.5 billion each year in total health care expenses and lost productivity. Average medical expenditures for people with diabetes are 2.3 times higher than for those without diabetes. One in three California hospital stays is for people with diabetes. Hospital stays for patients with diabetes, regardless of the primary diagnosis, cost $2,200 more than other patients, which adds an extra $1.6 billion each year to California’s hospitalization costs, including $254 million in Medi-Cal costs alone. (c) The prevalence of obesity in the United States has increased dramatically over the past 30 years. In California, 60 percent of adults are overweight or obese and adult obesity rates have nearly tripled increasing from 8.9 percent in 1984 to 25.0 percent in 2012, and if current trends continue, the rate is expected to increase to 46.6 percent in 2030. Nearly 40 percent of California children are currently overweight or obese and obesity rates have tripled for adolescents and quadrupled for 6 to 11 year olds. Although no group has escaped the epidemic, low income and communities of color are disproportionately affected. (d) The obesity epidemic is of particular concern because obesity increases the risk of diabetes, heart disease, arthritis, asthma, and certain types of cancer. Depending on their level of obesity, from 60 percent to over 80 percent of obese adults currently suffer from type 2 diabetes, high blood cholesterol, high blood pressure, or other related conditions. (e) The medical costs for people who are obese are dramatically higher than those of normal weight. Overweight and obesity account for $147 billion in health care costs nationally, or 9 percent of all medical spending, with one-half of these costs paid publicly through the Medicare and Medicaid programs. (f) There is overwhelming evidence of the link between obesity and the consumption of sweetened beverages, such as soft drinks, energy drinks, sweet teas, and sports drinks. The 2010 Dietary Guidelines for Americans recommend that everyone reduce their intake of sugar-sweetened beverages. California adults who drink one soda or more per day are 27 percent more likely to be overweight or obese, regardless of income or ethnicity. (g) According to nutrition experts, sweetened beverages, such as soft drinks, energy drinks, sweet teas, and sports drinks, offer little or no nutritional value, but massive quantities of added sugars. A 20-ounce bottle of soda contains the equivalent of approximately 17 teaspoons of sugar. Yet, the American Heart Association recommends that Americans consume no more than five to nine teaspoons of sugar per day. (h) Sugar-sweetened beverages are the single largest source of added sugars in the American diet, with the average American drinking nearly 42 gallons of sweetened beverages a year, the equivalent of 39 pounds of extra sugar every year. Over 50 percent of the United States population drinks one or more sugar-sweetened beverages per day. (i) In California, 19 percent of two to five year olds drink a sugar-sweetened beverage each day. That number climbs to 32 percent among 6 to 11 year olds, and 65 percent among 12 to 17 year olds. Additionally, major disparities now exist between races and ethnicities. Seventy-four percent of African American adolescents drink at least one sugar-sweetened beverage each day, compared to 73 percent of Latinos, 63 percent of Asians, and 56 percent of whites. (j) Sugar-sweetened beverages are a unique contributor to excess caloric consumption. Research shows that calories from sugar-sweetened beverages do not satisfy hunger the way calories from solid food or fat or protein-containing beverages, such as those containing milk and plant-based proteins, do. As a result, sugar-sweetened beverages tend to add to the calories people consume rather than replace them. Drinking one or two sodas a day increases the risk of developing type 2 diabetes by 26 percent. Drinking just one soda a day increases an adult’s likelihood of being overweight by 27 percent, and for children the likelihood doubles to 55 percent. (k) Consistent evidence shows a positive relationship between sugar intake and dental caries (cavities) in adults and fewer caries when sugar intake is restricted. Children who frequently consume beverages high in sugar are at an increased risk for dental caries. Untreated dental caries can lead to pain, infection, tooth loss, and in severe cases, death. (l) Evidence suggests that health warnings can increase knowledge and reduce consumption of harmful products. Studies show that prominent health warnings on the face of cigarette packages can increase health knowledge, perceptions of risk, and can promote smoking cessation of both youth and adults. SEC. 2. Article 15 (commencing with Section 111224) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read: Article 15. Sugar-Sweetened Beverages Safety Warning Act 111224. This article shall be known and may be cited as the Sugar-Sweetened Beverages Safety Warning Act. 111224.05. It is the intent of the Legislature, by enacting this article, to protect consumers and to promote informed purchasing decisions by requiring a warning about the harmful health effects that result from the consumption of drinks with added sugars. 111224.10. For purposes of this article, unless the context clearly requires otherwise, the following definitions shall apply: (a) “Animal milk” means natural liquid milk, which is secreted by an animal and consumed by humans. For purposes of this definition, “animal milk” includes natural milk concentrate and dehydrated natural milk, whether or not reconstituted. (b) “Beverage container” means any sealed or unsealed container regardless of size or shape, including, without limitation, those made of glass, metal, paper, plastic, or any other material or combination of materials that is used or intended to be used to hold a sugar-sweetened beverage for individual sale to a consumer. (c) “Beverage dispensing machine” means any device that mixes concentrate with any one or more other ingredients and dispenses the resulting mixture into an unsealed container as a ready-to-drink beverage. (d) “Caloric sweetener” means any substance containing calories, suitable for human consumption, that humans perceive as sweet and includes, without limitation, sucrose, fructose, glucose, and other sugars and fruit juice concentrates. “Caloric” means a substance that adds calories to the diet of a person who consumes that substance. (e) “Concentrate” means a syrup or powder that is used or intended to be used for mixing, compounding, or making a sugar-sweetened beverage. (f) “Consumer” means a person who purchases a sugar-sweetened beverage for a purpose other than resale in the ordinary course of business. (g) “Department” means the State Department of Public Health, and any agency or person lawfully designated by the department to enforce or implement this article pursuant to Section 111020. (h) “Distribute” means to sell or otherwise provide a product to any person for resale in the ordinary course of business to a consumer within this state. (i) “Milk substitute” means a plant-based beverage in which the principal ingredients by weight are (1) water and (2) grains, nuts, legumes, or seeds. For purposes of this definition, “milk substitute” includes, without limitation, almond milk, coconut milk, flax milk, hazelnut milk, oat milk, rice milk, and soy milk. (j) “Natural fruit juice” means the original liquid resulting from the pressing of fruit, the liquid resulting from the reconstitution of natural fruit juice concentrate, or the liquid resulting from the restoration of water to dehydrated natural fruit juice. (k) “Natural vegetable juice” means the original liquid resulting from the pressing of vegetables, the liquid resulting from the reconstitution of natural vegetable juice concentrate, or the liquid resulting from the restoration of water to dehydrated natural vegetable juice. (l) “Person” means any natural person, partnership, cooperative association, limited liability company, corporation, personal representative, receiver, trustee, assignee, any other legal entity, any city, county, city and county, district, commission, the state, or any department, agency, or political subdivision thereof, any interstate body, and, to the extent permitted by federal law, the United States and its agencies and instrumentalities. (m) “Powder” means a solid mixture with added caloric sweetener used in making, mixing, or compounding a sugar-sweetened beverage by mixing the powder with any one or more other ingredients, including, without limitation, water, ice, syrup, simple syrup, fruits, vegetables, fruit juice, or carbonation or other gas. (n) “Sale” or “sell” means any distribution or transfer for a business purpose, whether or not consideration is received. (o) “Sealed beverage container” means a beverage container holding a beverage that is closed or sealed before being offered for sale to a consumer. (p) (1) “Sugar-sweetened beverage” means any sweetened nonalcoholic beverage, carbonated or noncarbonated, sold intended for human consumption that has added caloric sweeteners and contains 75 calories or more per 12 fluid ounces. “Nonalcoholic beverage” means any beverage that contains less than one-half of 1 percent alcohol per volume. (2) “Sugar-sweetened beverage” does not include any of the following: (A) Any beverage containing 100 percent natural fruit juice or natural vegetable juice with no added caloric sweeteners. (B) Any liquid product manufactured for any of the following uses and commonly referred to as a “dietary aid”: (i) An oral nutritional therapy for persons who cannot absorb or metabolize dietary nutrients from food or beverages. (ii) A source of necessary nutrition used as a result of a medical condition. (iii) An oral electrolyte solution for infants and children formulated to prevent dehydration due to illness. (C) Any product for consumption by infants and that is commonly referred to as “infant formula.” (D) Any beverage whose principal ingredient by weight is animal milk or a milk substitute. (q) “Syrup” means a liquid mixture with added caloric sweetener used in making, mixing, or compounding a sugar-sweetened beverage by mixing the syrup with any one or more other ingredients, including, without limitation, water, ice, powder, simple syrup, fruits, vegetables, fruit juice, vegetable juice, or carbonation or other gas. (r) “Unsealed beverage container” means a beverage container into which a beverage is dispensed or poured at the business premises where the beverage is purchased, including, without limitation, a container for fountain drinks. 111224.15. (a) A person shall not distribute, sell, or offer for sale a sugar-sweetened beverage in a sealed beverage container in this state unless the container bears the following safety warning and otherwise meets all of the requirements under this section: “STATE OF CALIFORNIA SAFETY WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay.” (b) (1) The safety warning required by subdivision (a) shall be prominently displayed and readily legible under ordinary conditions on the front of the sealed beverage container, separate and apart from all other information, and shall be on a contrasting background. The first five words of the safety warning required under subdivision (a), “STATE OF CALIFORNIA SAFETY WARNING” shall appear in capital letters. The entire safety warning shall appear in bold type. (2) The safety warning required under subdivision (a) shall appear in a font type size and in a maximum number of characters (i.e., letters, numbers, and marks) per inch, as follows: (A) For beverage containers of 8 fluid ounces or less, the safety warning shall be in script, type, or printing not smaller than 1 millimeter, and there shall be no more than 40 characters per linear inch. (B) For beverage containers of more than 8 fluid ounces and less than 1 liter, the safety warning shall be in script, type, or printing not smaller than 2 millimeters, and there shall be no more than 25 characters per linear inch. (C) For beverage containers of 1 liter or more, the safety warning shall be in script, type, or printing not smaller than 3 millimeters, and there shall be no more than 12 characters per linear inch. (c) If the safety warning required under subdivision (a) is not printed directly on the beverage container, the safety warning shall be affixed to the beverage container in such a manner that it cannot be removed without thorough application of water or other solvents. (d) A person shall not distribute, sell, or offer for sale a multipack of sugar-sweetened beverages in sealed beverage containers in this state unless the multipack of beverages bears the safety warning required under subdivision (a). The safety warning shall be posted conspicuously on at least two sides of the multipack, in addition to being posted on each individual sealed beverage container. (e) A person shall not distribute, sell, or offer for sale a concentrate in this state unless the packaging of the concentrate, which is intended for retail sale, bears the safety warning required under subdivision (a). The safety warning shall be posted conspicuously on the front of the packaging of the concentrate. 111224.20. (a) Every person who owns, leases, or otherwise legally controls the premises where a vending machine or beverage dispensing machine is located, or where a sugar-sweetened beverage is sold in an unsealed beverage container, shall place, or cause to be placed, a safety warning in each of the following locations: (1) On the exterior of any vending machine that includes a sugar-sweetened beverage for sale. (2) On the exterior of any beverage dispensing machine used by a consumer to dispense a sugar-sweetened beverage through self-service. (3) At the point-of-purchase where any consumer purchases a sugar-sweetened beverage in an unsealed beverage container, when the unsealed beverage container is filled by an employee of a food establishment rather than the consumer. (b) The safety warning required by subdivision (a) shall contain the following language: “STATE OF CALIFORNIA SAFETY WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay.” (c) The safety warning required by subdivision (a) shall be prominently displayed and readily legible under ordinary conditions, separate and apart from all other information, and shall be on a contrasting background. The first five words of the safety warning in subdivision (b), “STATE OF CALIFORNIA SAFETY WARNING” shall appear in capital letters. The entire safety warning shall appear in bold type. 111224.30. (a) Notwithstanding Section 111825, subdivision (b) of Section 111855, or any other law, commencing July 1, 2016, any violation of this article, or a regulation adopted pursuant to this article, is punishable by a civil penalty of not less than fifty dollars ($50), but no greater than five hundred dollars ($500). The department may assess the civil penalty according to the procedures set forth in Section 111855. A person shall not be found to violate this article more than once during any one inspection visit. (b) There is hereby created in the State Treasury the Sugar-Sweetened Beverages Safety Warning Fund. The fund shall consist of moneys collected for the violation of this article. The department shall remit to the Treasurer any civil penalties collected pursuant to subdivision (a) on a biannual basis, no later than March 15 and September 15 of each year. Notwithstanding any other law, moneys in the fund, upon appropriation by the Legislature, shall be allocated to the department for the purpose of enforcing this article. 111224.35. Notwithstanding Section 111224.15 or 111224.20, if, after appropriate investigation and consultation with the state health officer, the department finds that available scientific information would justify a change in the language of the safety warnings set forth in Sections 111224.15 and 111224.20, the department may adopt regulations to develop new language for the safety warning and may require that the alternative language be adopted in lieu of the language set forth in Sections 111224.15 and 111224.20. 111224.40. It is the intent of the Legislature that nothing in this article shall be construed to preempt or prohibit the adoption and implementation of local ordinances related to sugar-sweetened beverages, except any local ordinance that is inconsistent with this article. An ordinance is not deemed inconsistent with this article if it affords greater protection than the requirements set forth in this article. SEC. 3. 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.
(1) Existing federal law, the federal Federal Food, Drug, and Cosmetic Act, regulates, among other things, the quality and packaging of foods introduced or delivered for introduction into interstate commerce and generally prohibits the misbranding of food. Existing federal law, the Nutrition Labeling and Education Act of 1990, governs state and local labeling requirements, including those that characterize the relationship of any nutrient specified in the labeling of food to a disease or health-related condition. Existing state law, the Sherman Food, Drug, and Cosmetic Law, generally regulates misbranded food and provides that any food is misbranded if its labeling does not conform with the requirements for nutrient content or health claims as set forth in the federal Federal Food, Drug, and Cosmetic Act and the regulations adopted pursuant to that federal act. Existing law requires that a food facility, as defined, make prescribed disclosures and warnings to consumers, as specified. A violation of these provisions is a crime. Existing state law, the Pupil Nutrition, Health, and Achievement Act of 2001, also requires the sale of only certain beverages to pupils at schools. The beverages that may be sold include fruit-based and vegetable-based drinks, drinking water with no added sweetener, milk, and in middle and high schools, an electrolyte replacement beverage if those beverages meet certain nutritional requirements. This bill would establish the Sugar-Sweetened Beverages Safety Warning Act, which would prohibit a person from distributing, selling, or offering for sale a sugar-sweetened beverage in a sealed beverage container, or a multipack of sugar-sweetened beverages, in this state unless the beverage container or multipack bears a safety warning, as prescribed. The bill also would require every person who owns, leases, or otherwise legally controls the premises where a vending machine or beverage dispensing machine is located, or where a sugar-sweetened beverage is sold in an unsealed container to place a specified safety warning in certain locations, including on the exterior of any vending machine that includes a sugar-sweetened beverage for sale. (2) Under existing law, the State Department of Public Health, upon the request of a health officer, as defined, may authorize the local health department of a city, county, city and county, or local health district to enforce the provisions of the Sherman Food, Drug, and Cosmetic Law. Existing law authorizes the State Department of Public Health to assess a civil penalty against any person in an amount not to exceed $1,000 per day, except as specified. Existing law authorizes the Attorney General or any district attorney, on behalf of the State Department of Public Health, to bring an action in a superior court to grant a temporary or permanent injunction restraining a person from violating any provision of the Sherman Food, Drug, and Cosmetic Law. This bill, commencing July 1, 2016, would provide that any violation of the provisions described in (1) above, or regulations adopted pursuant to those provisions, is punishable by a civil penalty of not less than $50, but no greater than $500. This bill would also create the Sugar-Sweetened Beverages Safety Warning Fund for the receipt of all moneys collected for violations of those provisions. The bill would allocate moneys in this fund, upon appropriation by the Legislature, to the department for the purpose of enforcing those provisions. The bill would make legislative findings and declarations relating to the consumption of sugar-sweetened beverages, obesity, and dental disease.
An act to add Article 15 (commencing with Section 111224) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, relating to public health.
The people of the State of California do enact as follows: SECTION 1. Section 56326.5 is added to the Education Code, to read: 56326.5. (a) The department’s Deaf and Hard of Hearing unit and the California School for the Deaf shall jointly select language developmental milestones from existing standardized norms, pursuant to the process specified in subdivision (d), for purposes of developing a resource for use by parents to monitor and track deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy. This parent resource shall: (1) Include the language developmental milestones selected pursuant to the process specified in subdivision (d). (2) Be appropriate for use, in both content and administration, with deaf and hard-of-hearing children from birth to five years of age, inclusive, who use both or one of the languages of American Sign Language (ASL) and English. For purposes of this section, “English” includes spoken English, written English, or English with the use of visual supplements. (3) Present the developmental milestones in terms of typical development of all children, by age range. (4) Be written for clarity and ease of use by parents. (5) Be aligned to the department’s existing infant, toddler, and preschool guidelines, the existing instrument used to assess the development of children with disabilities pursuant to federal law, and state standards in English language arts. (6) Make clear that the parent resource is not a formal assessment of language and literacy development, and that a parent’s observations of their children may differ from formal assessment data presented at an individualized family service plan (IFSP) or individualized education program (IEP) meeting. (7) Make clear that a parent may bring the parent resource to an IFSP or IEP meeting for purposes of sharing their observations about their child’s development. (b) The department shall also select existing tools or assessments for educators that can be used to assess the language and literacy development of deaf and hard-of-hearing children. These educator tools or assessments: (1) Shall be in a format that shows stages of language development. (2) Shall be selected for use by educators to track the development of deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy. (3) Shall be selected from existing instruments or assessments used to assess the development of all children from birth to five years of age, inclusive. (4) Shall be appropriate, in both content and administration, for use with deaf and hard-of-hearing children. (5) May be used, in addition to the assessment required by federal law, by the child’s IFSP or IEP team, as applicable, to track deaf and hard-of-hearing children’s progress, and to establish or modify IFSP or IEP plans. (6) May reflect the recommendations of the advisory committee established pursuant to subdivision (e). (c) (1) The department shall disseminate the parent resource developed pursuant to subdivision (a) to parents and guardians of deaf and hard-of-hearing children, and, pursuant to federal law, shall disseminate the educator tools and assessments selected pursuant to subdivision (b) to local educational agencies for use in the development and modification of IFSP and IEP plans, and shall provide materials and training on its use, to assist deaf and hard-of-hearing children in becoming linguistically ready for kindergarten using both or one of the languages of ASL and English. (2) If a deaf or hard-of-hearing child does not demonstrate progress in expressive and receptive language skills, as measured by one of the educator tools or assessments selected pursuant to subdivision (b), or by the existing instrument used to assess the development of children with disabilities pursuant to federal law, the child’s IFSP or IEP team, as applicable, shall, as part of the process required by federal law, explain in detail the reasons why the child is not meeting the language developmental milestones or progressing towards them, and shall recommend specific strategies, services, and programs that shall be provided to assist the child’s success toward English literacy. (d) (1) On or before March 1, 2017, the department shall provide the advisory committee established pursuant to subdivision (e) with a list of existing language developmental milestones from existing standardized norms, along with any relevant information held by the department regarding those language developmental milestones for possible inclusion in the parent resource developed pursuant to subdivision (a). These language developmental milestones shall be aligned to the department’s existing infant, toddler, and preschool guidelines, the existing instrument used to assess the development of children with disabilities pursuant to federal law, and the state standards in English language arts. (2) On or before June 1, 2017, the advisory committee shall recommend language developmental milestones for selection pursuant to subdivision (a). (3) On or before June 30, 2017, the department shall inform the advisory committee of which language developmental milestones were selected. (e) (1) The Superintendent shall establish an ad hoc advisory committee for purposes of soliciting input from experts on the selection of language developmental milestones for children who are deaf or hard of hearing that are equivalent to those for children who are not deaf or hard of hearing, for inclusion in the parent resource developed pursuant to subdivision (a). The advisory committee may also make recommendations on the selection and administration of the educator tools or assessments selected pursuant to subdivision (b). (2) The advisory committee shall consist of 13 volunteers, the majority of whom shall be deaf or hard of hearing, and all of whom shall be within the field of education for the deaf and hard of hearing. The advisory committee shall include all of the following: (A) One parent of a child who is deaf or hard of hearing who uses the dual languages of ASL and English. (B) One parent of a child who is deaf or hard of hearing who uses only spoken English, with or without visual supplements. (C) One credentialed teacher of deaf and hard-of-hearing pupils who use the dual languages of ASL and English. (D) One credentialed teacher of deaf and hard-of-hearing pupils from a state certified nonpublic, nonsectarian school. (E) One expert who researches language outcomes for deaf and hard-of-hearing children using ASL and English. (F) One expert who researches language outcomes for deaf and hard-of-hearing children using spoken English, with or without visual supplements. (G) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in curriculum and instruction in ASL and English. (H) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in curriculum and instruction in spoken English, with or without visual supplements. (I) One advocate for the teaching and use of the dual languages of ASL and English. (J) One advocate for the teaching and use of spoken English, with or without visual supplements. (K) One early intervention specialist who works with deaf and hard-of-hearing infants and toddlers using the dual languages of ASL and English. (L) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in ASL and English language assessment. (M) One speech pathologist from spoken English, with or without the use of visual supplements. (f) The advisory committee established pursuant to subdivision (e) may also advise the department or its contractor on the content and administration of the existing instrument used to assess the development of children with disabilities pursuant to federal law, as used to assess deaf and hard-of-hearing children’s language and literacy development to ensure the appropriate use of that instrument with those children, and may make recommendations regarding future research to improve the measurement of progress of deaf and hard-of-hearing children in language and literacy. (g) Commencing on or before July 31, 2017, and on or before each July 31 thereafter, the department shall annually produce a report, using existing data reported in compliance with the federally required state performance plan on pupils with disabilities, that is specific to language and literacy development of deaf and hard-of-hearing children from birth to five years of age, inclusive, including those who are deaf or hard of hearing and have other disabilities, relative to their peers who are not deaf or hard of hearing. The department shall make this report available on its Internet Web site. (h) All activities of the department in implementing this section shall be consistent with federal law regarding the education of children with disabilities and federal law regarding the privacy of pupil information. (i) For the purpose of this section, the term “language developmental milestones” means milestones of development aligned with the existing state instrument used to meet the requirements of federal law for the assessment of children from birth to five years of age, inclusive. (j) This section shall apply only to children from birth to five years of age, inclusive. (k) Implementation of this section is subject to an appropriation being made for purposes of this section in the annual Budget Act or another statute. 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 provides that the Superintendent of Public Instruction may authorize the California School for the Deaf, which is composed of two schools, the California School for the Deaf, Northern California, and the California School for the Deaf, Southern California, to establish and maintain a testing center for deaf and hard-of-hearing minors. Existing law provides that the purpose of the center shall be to test hearing acuity and to give such other tests as may be necessary for advising parents and school authorities concerning an appropriate educational program for the child. Existing law authorizes a pupil to be referred, as appropriate, to the California School for the Deaf, among other places, for further assessment and recommendations. This bill would require the State Department of Education’s Deaf and Hard of Hearing unit and the state’s 2 schools for the deaf to jointly select language developmental milestones from existing standardized norms for purposes of developing a resource for use by parents to monitor and track deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy. The bill would require the language developmental milestones to be selected from the language developmental milestones recommended by an ad hoc advisory committee, which the bill would establish, as provided. The bill would require the parent resource to, among other things, make clear that it is not a formal assessment of language and literacy development, and that a parent’s observations of their children may differ from formal assessment data presented at an individualized family service plan (IFSP) or individualized education program (IEP) meeting, but to also make clear that a parent may bring the parent resource to an IFSP or IEP meeting for purposes of sharing their observations about their child’s development. The bill would require the department to also select existing tools or assessments for educators that can be used to assess the language and literacy development of deaf and hard-of-hearing children, as specified. The bill would authorize the educator tools or assessments to be used, in addition to the assessment required by federal law, by the child’s IFSP or IEP team, as applicable, to track deaf and hard-of-hearing children’s progress, and to establish or modify IFSP or IEP plans. The bill would, if a child does not demonstrate progress in expressive and receptive language skills, as measured by one of the selected educator tools or assessments, or by the existing instrument used to satisfy federal law, require the child’s IFSP or IEP team, as applicable, to explain in detail the reasons why the child is not meeting the language developmental milestones or progressing towards them, and to recommend specific strategies, services, and programs that would be provided to assist the child’s success toward English literacy. To the extent this provision would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program. The bill also would require the department to disseminate the language developmental milestones to parents and guardians of deaf or hard-of-hearing children, and, pursuant to federal law, to disseminate the selected educator tools and assessments to local educational agencies for use in the development and modification of IFSP and IEP plans, and to provide materials and training on its use to assist the deaf or hard-of-hearing child in becoming linguistically ready for kindergarten using both or one of the languages of American Sign Language and English. The bill would require the department, commencing on or before July 31, 2017, and on or before each July 31 thereafter, to produce a report that is specific to language and literacy development of deaf and hard-of-hearing children from birth to 5 years of age, inclusive, including those who are deaf or hard of hearing and have other disabilities, relative to their peers who are not deaf or hard of hearing, as specified. The bill would require the department to make the report available on its Internet Web site. The bill would make these provisions applicable only to children from birth to 5 years of age, inclusive. The bill also would provide that implementation of these provisions is subject to an appropriation being made for these purposes in the annual Budget Act or another statute. (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.
An act to add Section 56326.5 to the Education Code, relating to special education.
The people of the State of California do enact as follows: SECTION 1. Section 20194 of the Government Code is repealed. SEC. 2. Section 20222.5 of the Government Code is amended to read: 20222.5. (a) The board may, during the course of an audit, require each state employer, school employer, including each school district represented by a school employer, and contracting agency, to provide information or make available for examination or copying at a specified time and place, or both, books, papers, any data, or any records, including, but not limited to, personnel and payroll records, as deemed necessary by the board to determine eligibility for, and the correctness of, retirement benefits, reportable compensation, enrollment in, and reinstatement to this system. (b) Before initiating an audit, the board shall notify the subject of the audit of the estimated time required to complete the audit. The estimate shall be based upon various factors, including, but not limited to, the following: (1) The number of employees. (2) Employment classifications. (3) Benefits. (4) Contract provisions. (5) Geographical location. (6) Time required for audits of comparable entities. (7) Additional time factors raised by the subject of the audit. (c) If an audit requires an excess of the time estimated, the board may assess a reasonable charge upon the employer to recover additional costs incurred for the excess time to complete the audit. A contracting agency shall not be assessed for delays during the course of an audit that are reasonably outside of the agency’s control. (d) The information obtained from an employer under this section shall remain confidential pursuant to Section 20230. SEC. 3. Section 20235 of the Government Code is amended to read: 20235. (a) The board shall submit a review of this system’s assets to the Legislature on a semiannual basis. The report shall also be made available to all contracting agencies. The report shall discuss the system’s assets, including review of all defined benefit trusts and defined contribution plans, and shall contain the following information: (1) Defined benefit trust and defined contribution plan total current market value and allocation of investments across primary asset classes, if appropriate. (2) Review of all portfolio and partnership current market value by primary asset class and strategy. (3) Historical time-weighted return for all defined benefit trusts, defined contribution plans, portfolios, and partnerships on a five-year, three-year, and one-year basis. (4) Summary of performance of an alternative theoretical portfolio for all defined benefit trusts and defined contribution plans based upon policy benchmarks approved by the board. (5) Description of policy benchmark components represented in the alternative theoretical portfolio. (b) Upon written request from a contracting agency that does not participate in a risk pool, the board shall also submit quarterly reports to the contracting agency as described in this subdivision. For the first quarter of the fiscal year, the report shall be submitted within 120 days after the end of the quarter and shall contain the agency’s beginning balance for the fiscal year. For the second and third quarters of the fiscal year, the report shall be submitted to the contracting agency within 90 days after the end of the quarter. For the fourth quarter of the fiscal year, the report shall be submitted within 180 days after the end of the quarter and shall contain the agency’s balance as of the end of the fiscal year. The report shall include, but need not be limited to, the following: (1) All contributions made to the system by the contracting agency and its employees. The contributions shall be reported as the amounts paid and the amounts due from the contracting agency for both employer contributions and employee contributions. (2) All benefits paid by the system to members of the contracting agency and their survivors and beneficiaries, including payments on account of pension, death, and disability benefits, and withdrawals of contributions. The benefits shall be reported as the total monthly allowances paid to retirees, survivors, and beneficiaries; the amount of total refunds paid; and the amount of any other lump sums paid. (3) An amount that represents any miscellaneous adjustments, including transfers in and out. (4) That quarter’s portion of the agency’s estimated share of the system’s administrative costs that shall be assessed at the end of the fiscal year. (5) The rate of return for the system during the quarter as reported to the board by the investment committee. (6) The estimated interest applied to the agency’s account as determined by the system. For purposes of this paragraph, the “estimated interest applied” means the estimate of the annual net earnings, as defined in Section 20052, and is subject to adjustment at the end of the fiscal year based on the actual dollar-weighted amount of investment return that shall be credited to the agency’s account for the fiscal year. The report for the fourth quarter of the fiscal year shall also include the actual dollar-weighted amount of investment return for the fiscal year that shall be credited to the contracting agency’s account. (c) Upon written request from a contracting agency that participates in a risk pool, the board shall submit to the contracting agency quarterly reports that reflect the total contributions made to the system by agencies in the risk pool, the total benefits paid by the system with respect to the risk pool, the total estimated share of administrative costs for the risk pool, and the total estimated share of investment returns for the risk pool. (d) A contracting agency requesting quarterly reports pursuant to subdivision (b) or (c) shall pay a fee, in an amount determined by the board, not to exceed one thousand five hundred dollars ($1,500) quarterly per agency while the manual process of collecting the information is in use. (e) Any report received by a contracting agency pursuant to this section shall be made available by the agency to any employee organization that represents the agency’s employees and that requests a copy of the report. SEC. 4. Section 21002 of the Government Code is amended to read: 21002. A member who returns to active state service following an employer-approved leave of absence because of his or her serious illness or injury may elect to receive service credit for that period of uncompensated absence at any time prior to retirement by making contributions as specified in Sections 21050 and 21052. The purchase of additional service credit pursuant to this section shall not reduce the amount of service credit that the member is eligible to purchase pursuant to this chapter. A member may purchase service credit pursuant to this section for a leave of absence that occurred either before or after the effective date of these provisions. SEC. 5. Section 21013 of the Government Code is amended to read: 21013. “Leave of absence” also means any time, up to one year, during which a member is granted an approved maternity or paternity leave and returns to active state service at the end of the approved leave for a period of time at least equal to that leave. Any member may elect to receive service credit for that leave of absence at any time prior to retirement by making the contributions as specified in Sections 21050 and 21052. This section applies to both past and future maternity or paternity leaves of absences by members of the system.
(1) The Public Employees’ Retirement Law (PERL) creates the Public Employees’ Retirement System (PERS) for the purpose of providing pension benefits to specified public employees and prescribes the rights and duties of members and annuitants of the system. PERL vests management and control of PERS in the Board of Administration. The California Constitution and PERL grant the board control over the investment of the retirement fund subject to certain restrictions. PERL directs the board to invest not less than 25% of all funds that become available in a fiscal year for new investments in specified obligations and securities connected with residential realty, subject to the board’s authority to substitute other investments consistent with its fiduciary obligations to the retirement system and standards for prudent investment. PERL requires the board to report on these investments. This bill would repeal the provisions regarding investing in residential realty, described above. (2) PERL authorizes the board to require employers participating in the system to provide specified information, as deemed necessary by the board, for examination and copying in the course of an audit to determine the correctness of retirement benefits, reportable compensation, enrollment in the system, and reinstatement to the system. This bill would provide that the authority described above also applies to determining the eligibility for retirement benefits. (3) PERL requires the board to submit a quarterly review of system assets to the Legislature, which is required to include reporting on the system’s portfolio on the basis of cost and market value, among other things. This bill would change the frequency of this report to semiannual, would eliminate the requirement to report on the investments on a cost basis, and would make other changes to the content of the report. (4) PERL permits a member who returns to active service following an employer-approved uncompensated leave of absence, as defined, because of his or her serious illness or injury to purchase service credit for that period of absence upon the payment of contributions, as specified. This bill would specify that the option to purchase service credit shall be elected prior to retirement, that the member be returning to state service, and would make other related and clarifying changes.
An act to amend Sections 20222.5, 20235, 21002, and 21013 of, and to repeal Section 20194 of, the Government Code, relating to public employees’ retirement.
The people of the State of California do enact as follows: SECTION 1. Section 1170.05 of the Penal Code is amended to read: 1170.05. (a) Notwithstanding any other law, the Secretary of the Department of Corrections and Rehabilitation is authorized to offer a program under which female inmates as specified in subdivision (c), who are not precluded by subdivision (d), and who have been committed to state prison may be allowed to participate in a voluntary alternative custody program as defined in subdivision (b) in lieu of their confinement in state prison. In order to qualify for the program an offender need not be confined in an institution under the jurisdiction of the Department of Corrections and Rehabilitation. Under this program, one day of participation in an alternative custody program shall be in lieu of one day of incarceration in the state prison. Participants in the program shall receive any sentence reduction credits that they would have received had they served their sentence in the state prison, and shall be subject to denial and loss of credit pursuant to subdivision (a) of Section 2932. The department may enter into contracts with county agencies, not-for-profit organizations, for-profit organizations, and others in order to promote alternative custody placements. (b) As used in this section, an alternative custody program shall include, but not be limited to, the following: (1) Confinement to a residential home during the hours designated by the department. (2) Confinement to a residential drug or treatment program during the hours designated by the department. (3) Confinement to a transitional care facility that offers appropriate services. (c) Except as provided by subdivision (d), female inmates sentenced to state prison for a determinate term of imprisonment pursuant to Section 1170, and only those persons, are eligible to participate in the alternative custody program authorized by this section. (d) An inmate committed to the state prison who meets any of the following criteria is not eligible to participate in the alternative custody program: (1) The person has a current conviction for a violent felony as defined in Section 667.5. (2) The person has a current conviction for a serious felony as defined in Sections 1192.7 and 1192.8. (3) The person has a current or prior conviction for an offense that requires the person to register as a sex offender as provided in Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1. (4) The person was screened by the department using a validated risk assessment tool and determined to pose a high risk to commit a violent offense. (5) The person has a history, within the last 10 years, of escape from a facility while under juvenile or adult custody, including, but not limited to, any detention facility, camp, jail, or state prison facility. (e) An alternative custody program shall include the use of electronic monitoring, global positioning system devices, or other supervising devices for the purpose of helping to verify a participant’s compliance with the rules and regulations of the program. The devices shall not be used to eavesdrop or record any conversation, except a conversation between the participant and the person supervising the participant, in which case the recording of such a conversation is to be used solely for the purposes of voice identification. (f) (1) In order to implement alternative custody for the population specified in subdivision (c), the department shall create, and the participant shall agree to and fully participate in, an individualized treatment and rehabilitation plan. When available and appropriate for the individualized treatment and rehabilitation plan, the department shall prioritize the use of evidence-based programs and services that will aid in the successful reentry into society while she takes part in alternative custody. Case management services shall be provided to support rehabilitation and to track the progress and individualized treatment plan compliance of the inmate. (2) For purposes of this section, “evidence-based practices” means supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or postrelease community supervision. (g) The secretary shall prescribe reasonable rules and regulations under which the alternative custody program shall operate. The department shall adopt regulations necessary to effectuate this section, including emergency regulations as provided under Section 5058.3 and 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 participant shall be informed in writing that she shall comply with the rules and regulations of the program, including, but not limited to, the following rules: (1) The participant shall remain within the interior premises of her residence during the hours designated by the secretary or his or her designee. (2) The participant shall be subject to search and seizure by a peace officer at any time of the day or night, with or without cause. In addition, the participant shall admit any peace officer designated by the secretary or his or her designee into the participant’s residence at any time for purposes of verifying the participant’s compliance with the conditions of her detention. Prior to participation in the alternative custody program, all participants shall agree in writing to these terms and conditions. (3) The secretary or his or her designee may immediately retake the participant into custody to serve the balance of her sentence if the electronic monitoring or supervising devices are unable for any reason to properly perform their function at the designated place of detention, if the participant fails to remain within the place of detention as stipulated in the agreement, or if the participant for any other reason no longer meets the established criteria under this section. (h) Whenever a peace officer supervising a participant has reasonable suspicion to believe that the participant is not complying with the rules or conditions of the program, or that the electronic monitoring devices are unable to function properly in the designated place of confinement, the peace officer may, under general or specific authorization of the secretary or his or her designee, and without a warrant of arrest, retake the participant into custody to complete the remainder of the original sentence. (i) This section does not require the secretary or his or her designee to allow an inmate to participate in this program if it appears from the record that the inmate has not satisfactorily complied with reasonable rules and regulations while in custody. An inmate is eligible for participation in an alternative custody program only if the secretary or his or her designee concludes that the inmate meets the criteria for program participation established under this section and that the inmate’s participation is consistent with any reasonable rules and regulations prescribed by the secretary. (1) The rules and regulations and administrative policies of the program shall be written and shall be given or made available to the participant upon assignment to the alternative custody program. (2) The secretary or his or her designee shall have the sole discretion concerning whether to permit program participation as an alternative to custody in state prison. A risk and needs assessment shall be completed on each inmate to assist in the determination of eligibility for participation and the type of alternative custody. (3) An inmate’s existing psychiatric or medical condition that requires ongoing care is not a basis for excluding the inmate from eligibility to participate in an alternative custody program authorized by this section. (j) The secretary or his or her designee shall establish a timeline for the application process. The secretary or his or her designee shall respond to an applicant within two weeks of her application to inform the inmate that the application was received, and to notify the inmate of the eligibility criteria of the program. The secretary or his or her designee shall provide a written notice to the inmate of her acceptance or denial into the program. The individualized treatment and rehabilitation plan described in subdivision (f) shall be developed, in consultation with the inmate, after the applicant has been found potentially eligible for participation in the program and no later than 30 calendar days after the potential eligibility determination. Except as necessary to comply with any release notification requirements, the inmate shall be released to the program no later than seven business days following notice of acceptance into the program, or if this is not possible in the case of an inmate to be placed in a residential drug or treatment program or in a transitional care facility, the first day a contracted bed becomes available at the requested location. If the inmate is denied participation in the program, the notice of denial shall specify the reason the inmate was denied. The secretary or his or her designee shall maintain a record of the application and notice of denials for participation. The inmate may appeal the decision through normal grievance procedures or reapply for participation in the program 30 days after the notice of the denial. (k) The secretary or his or her designee shall permit program participants to seek and retain employment in the community, attend psychological counseling sessions or educational or vocational training classes, participate in life skills or parenting training, utilize substance abuse treatment services, or seek medical and dental assistance based upon the participant’s individualized treatment and release plan. Participation in other rehabilitative services and programs may be approved by the case manager if it is specified as a requirement of the inmate’s individualized treatment and rehabilitative case plan. Willful failure of the program participant to return to the place of detention not later than the expiration of any period of time during which she is authorized to be away from the place of detention pursuant to this section, unauthorized departures from the place of detention, or tampering with or disabling, or attempting to tamper with or disable, an electronic monitoring device shall subject the participant to a return to custody pursuant to subdivisions (g) and (h). In addition, participants may be subject to forfeiture of credits pursuant to the provisions of Section 2932, or to discipline for violation of rules established by the secretary. (l) (1) Notwithstanding any other law, the secretary or his or her designee shall provide the information specified in paragraph (2) regarding participants in an alternative custody program to the law enforcement agencies of the jurisdiction in which persons participating in an alternative custody program reside. (2) The information required by paragraph (1) shall consist of the following: (A) The participant’s name, address, and date of birth. (B) The offense committed by the participant. (C) The period of time the participant will be subject to an alternative custody program. (3) The information received by a law enforcement agency pursuant to this subdivision may be used for the purpose of monitoring the impact of an alternative custody program on the community. (m) It is the intent of the Legislature that the alternative custody program established under this section maintain the highest public confidence, credibility, and public safety. In the furtherance of these standards, the secretary may administer an alternative custody program pursuant to written contracts with appropriate public agencies or entities to provide specified program services. No public agency or entity entering into a contract may itself employ any person who is in an alternative custody program. The department shall determine the recidivism rate of each participant in an alternative custody program. (n) An inmate participating in this program shall voluntarily agree to all of the provisions of the program in writing, including that she may be returned to confinement at any time with or without cause, and shall not be charged fees or costs for the program. (o) (1) The secretary or his or her designee shall assist an individual participating in the alternative custody program in obtaining health care coverage, including, but not limited to, assistance with having suspended Medi-Cal benefits reinstated, applying for Medi-Cal benefits, or obtaining health care coverage under a private health plan or policy. (2) To the extent not covered by a participant’s health care coverage, the state shall retain responsibility for the medical, dental, and mental health needs of individuals participating in the alternative custody program. (p) The secretary shall adopt emergency regulations specifically governing participants in this program. (q) If a phrase, clause, sentence, or provision of this section or application thereof to a person or circumstance is held invalid, that invalidity shall not affect any other phrase, clause, sentence, or provision or application of this section, which can be given effect without the invalid phrase, clause, sentence, or provision or application and to this end the provisions of this section are declared to be severable.
Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to offer a program under which female inmates who are committed to state prison may be allowed to participate in a voluntary alternative custody program in lieu of confinement in state prison. Existing law defines an alternative custody program to include confinement to a residential home, a residential drug or treatment program, or a transitional care facility that offers appropriate services. Existing law provides that female inmates sentenced to determinate sentences shall be eligible for participation in the program, subject to certain disqualifying criteria. Except as specified, existing law requires the suspension of certain Medi-Cal benefits to an individual who is an inmate of a public institution. Existing law requires the state to retain responsibility for the medical, dental, and mental health needs of individuals participating in the alternative custody program. This bill would provide that an inmate’s existing psychiatric or medical condition that requires ongoing care is not a basis for excluding the inmate from eligibility for the program. The bill would also prescribe specific timeframes for, among other things, the review of an application to participate in the program, notifying an applicant when a determination has been made on that application, the development of an individualized treatment and rehabilitation plan, and release of the inmate into the program. The bill would require a notice of denial to specify the reasons the inmate has been denied participation in the program, and authorize an inmate to reapply for participation in the program or appeal a denial, as specified. The bill would also require the secretary or his or her designee to assist an individual participating in the alternative custody program in obtaining health care coverage, including, but not limited to, assistance with having suspended Medi-Cal benefits reinstated, applying for Medi-Cal benefits, or obtaining health care coverage under a private health plan or policy. The bill would require that, to the extent not covered by a participant’s health care coverage, the state would retain responsibility for the medical, dental, and mental health needs of individuals participating in the alternative custody program.
An act to amend Section 1170.05 of the Penal Code, relating to prisons.
The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The Sacramento-San Joaquin Delta is an invaluable California natural resource. However, the health of the Delta is being threatened by water hyacinth as it obstructs waterways and marinas, consumes valuable water resources, creates human health and safety hazards, and damages cherished natural ecosystems by crowding out native plants and wildlife. (b) The Division of Boating and Waterways is the lead agency responsible for eradicating and controlling invasive aquatic plants, such as water hyacinth, in the Delta, its tributaries, and the Suisun Marsh. (c) Water hyacinth is controlled by the Division of Boating and Waterways primarily through the use of pesticides, which require state and federal permits, approvals, and biological opinions. (d) In 2012, the Division of Boating and Waterways failed to obtain these permits in a timely manner and pesticide spraying was significantly delayed, which which, in combination with other factors, allowed water hyacinth to grow and multiply into dense, unsafe mats that blanketed and obstructed several areas of the Delta. (e) Therefore, in order to improve public transparency and accountability, an advisory and oversight committee must be established to evaluate and monitor the activities of the Division of Boating and Waterways relating to the management and control or eradication of invasive aquatic plants in the Delta, its tributaries, and the Suisun Marsh. SEC. 2. Section 64 of the Harbors and Navigation Code is amended to read: 64. (a) The Legislature hereby finds and declares that the growth of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh has occurred at an unprecedented level and that the resulting accumulations of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) obstruct navigation, impair other recreational uses of waterways, have the potential for damaging manmade facilities, and may threaten the health and stability of fisheries and other ecosystems within the Delta and the Suisun Marsh. Accordingly, it is necessary that the state, in cooperation with agencies of the United States, undertake an aggressive program for the effective control of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the Delta, its tributaries, and the Suisun Marsh. (b) The department is designated as the lead agency of the state for the purpose of cooperating with agencies of the United States and other public agencies in controlling water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the Delta, its tributaries, and the Suisun Marsh. (c) The department, other state agencies, including, but not limited to, the California Conservation Corps, cities, counties, and districts are hereby authorized to cooperate with one another and with agencies of the United States in controlling water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the Delta, its tributaries, and the Suisun Marsh and may furnish money, services, equipment, and other property to that end. (d) Up to five thousand dollars ($5,000) per year of the funds available for expenditure by the Department of Fish and Game to implement this section shall be paid from the Harbors and Watercraft Revolving Fund. (e) Whenever any control program is proposed to take place in Rock Slough, the department and the Contra Costa Water District shall develop a memorandum of understanding establishing the parameters of the control program. This subdivision does not apply to any control program proposed for Sand Mound Slough. SEC. 3. Section 64.6 is added to the Harbors and Navigation Code, to read: 64.6. The division shall, no later than 90 days after the effective date of the act adding this section, establish an advisory and oversight committee to evaluate and monitor the activities of the division relating to the management and control or eradication of invasive aquatic plants in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh. (a) The division shall designate and provide staff support to the advisory and oversight committee. (b) The membership of the advisory and oversight committee shall include an equitable number of representatives from each of the following interests affected by invasive aquatic plants in the Delta, its tributaries, and the Suisun Marsh: (1) Agriculture. (2) Recreational boating. (3) Commercial shipping. (4) Business owners. (5) California Invasive Plant Council. (6) Research institutions. (7) Wildlife conservation. (8) Environment. (9) Resource conservation districts. (10) The general public. (11) Local government. (c) The advisory and oversight committee shall meet, at a minimum, twice per year and communicate any findings or recommendations to the division. The division shall make any such findings or recommendations publically available on the division’s Internet Web site. (d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date. 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 aid in the mitigation and control of invasive aquatic plants that have caused significant damage to the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh by obstructing waterways and marinas, consuming valuable water resources, creating human health and safety hazards, and damaging cherished natural ecosystems, it is necessary that this act take effect immediately.
Existing law designates the Division of Boating and Waterways within the Department of Parks and Recreation as the lead agency of the state for purposes of cooperating with other state, local, and federal agencies in identifying, detecting, controlling, and administering programs to manage invasive aquatic plants in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh, and prescribes the duties of the division with regard to the management and control or eradication of those plants. This bill would require the division, no later than 90 days after the effective date of the bill, to establish, and designate and provide staff support to, an advisory and oversight committee to evaluate and monitor the activities of the division relating to the management and control or eradication of those plants. The bill would require the membership of the advisory and oversight committee to include an equitable number of representatives from specified interests and would require the advisory and oversight committee to meet, at a minimum, twice per year and communicate any findings or recommendations to the division. This bill would declare that it is to take effect immediately as an urgency statute.
An act to amend Section 64 of, and to add and repeal Section 64.6 of, the Harbors and Navigation Code, relating to aquatic invasive aquatic plants, and declaring the urgency thereof, to take effect immediately.
The people of the State of California do enact as follows: SECTION 1. Section 117630 of the Health and Safety Code is amended to read: 117630. (a) “Biohazard bag” means a disposable film bag used to contain medical waste. Notwithstanding subdivision (b) of Section 117605, the film bags that are used to line the United States Department of Transportation (USDOT)-approved shipping containers for transport from the generator’s facility onto roadways and into commerce to a treatment and disposal facility shall be marked and certified by the manufacturer as having passed the tests prescribed for tear resistance in the American Society for Testing Materials (ASTM) D1922, “Standard Test Method for Propagation Tear Resistance of Plastic Film and Thin Sheeting by Pendulum Method” and for impact resistance in ASTM D1709, “Standard Test Methods for Impact Resistance of Plastic Film by the Free-Falling Dart Method,” as those documents were published on January 1, 2014. The film bag shall meet an impact resistance of 165 grams and a tearing resistance of 480 grams in both parallel and perpendicular planes with respect to the length of the bag. (b) The biohazard bag that is used to collect medical waste within a facility shall be manufacturer certified to meet the ASTM D1709 dart drop test, provided that when the bag is prepared for transport offsite, it is placed into a USDOT-approved container lined with a biohazard bag that is ASTM D1709 and ASTM D1922 certified. (c) The color of the bag shall be red, except when yellow bags are used to further segregate trace chemotherapy waste and white bags are used to further segregate pathology waste. The biohazard bag shall be marked with the international biohazard symbol and may be labeled by reference as authorized by the USDOT. SEC. 2. Section 117904 of the Health and Safety Code is amended to read: 117904. (a) In addition to the consolidation points authorized pursuant to Section 118147, the enforcement agency may approve a location as a point of consolidation for the collection of home-generated sharps waste, which, after collection, shall be transported and treated as medical waste. (b) A consolidation location approved pursuant to this section shall be known as a “home-generated sharps consolidation point.” (c) A home-generated sharps consolidation point is not subject to the requirements of Chapter 9 (commencing with Section 118275), to the permit or registration requirements of this part, or to any permit or registration fees, with regard to the activity of consolidating home-generated sharps waste pursuant to this section. (d) A home-generated sharps consolidation point shall comply with all of the following requirements: (1) All sharps waste shall be placed in sharps containers. (2) Sharps containers ready for disposal shall not be held for more than seven days without the written approval of the enforcement agency. (e) An operator of a home-generated sharps consolidation point approved pursuant to this section shall not be considered the generator of that waste, but shall be listed on the tracking documents in compliance with the United States Postal Service requirements for waste shipped through mail back and on the tracking documents as required by the department. (f) The medical waste treatment facility which treats the sharps waste subject to this section shall maintain the tracking document required by Sections 118040 and 118165 with regard to that sharps waste. SEC. 3. Section 117943 of the Health and Safety Code is amended to read: 117943. (a) A medical waste generator required to register pursuant to this chapter shall maintain for a minimum of three years individual treatment operating records, and if applicable, the tracking document for all untreated medical waste shipped offsite for treatment, and shall report or submit to the enforcement agency, upon request, all of the following: (1) Treatment operating records. Operating records shall be maintained in written or electronic form. (2) An emergency action plan complying with regulations adopted by the department. (3) Tracking documents or electronically archived tracking documents maintained by the facility and medical waste hauler of all untreated medical waste shipped offsite for treatment. (b) Documentation shall be made available to the enforcement agency onsite. SEC. 4. Section 117945 of the Health and Safety Code is amended to read: 117945. (a) Small quantity generators who are not required to register pursuant to this chapter shall maintain on file in their office all of following: (1) An information document stating how the generator contains, stores, treats, and disposes of any medical waste generated through any act or process of the generator. (2) Records required by the United States Postal Service of any medical waste shipped offsite for treatment and disposal. The small quantity generator shall maintain, or have available electronically at the facility or from the medical waste hauler or common carrier, these records, for not less than three years. (b) Documentation shall be made available to the enforcement agency onsite. SEC. 5. Section 117975 of the Health and Safety Code is amended to read: 117975. (a) A large quantity medical waste generator required to register pursuant to this chapter shall maintain for a minimum of two years individual treatment records and the tracking document for all untreated medical waste shipped offsite for treatment. The generator shall report or submit to the enforcement agency, upon request, all of the following: (1) Treatment operating records. Operating records shall be maintained in written or electronic form. (2) An emergency action plan in accordance with regulations adopted by the department. (3) Tracking documents or electronically archived tracking documents maintained by the facility or medical waste hauler of all untreated medical wastes shipped offsite for treatment. (b) Documentation shall be made available to the enforcement agency onsite as soon as feasible, but no more than two business days following the request. SEC. 6. Section 118032 of the Health and Safety Code is amended to read: 118032. A pharmaceutical waste generator or parent organization that employs health care professionals who generate pharmaceutical waste is exempt from the requirements of subdivision (a) of Section 118000 if all of the following requirements are met: (a) The generator or parent organization has on file one of the following: (1) If the generator or parent organization is a small quantity generator required to register pursuant to Chapter 4 (commencing with Section 117925), a medical waste management plan prepared pursuant to Section 117935. (2) If the generator or parent organization is a small quantity generator not required to register pursuant to Chapter 4 (commencing with Section 117925), the information document maintained pursuant to subdivision (a) of Section 117945. (3) If the generator or parent organization is a large quantity generator, a medical waste management plan prepared pursuant to Section 117960. (b) The generator or health care professional who generated the pharmaceutical waste transports the pharmaceutical waste himself or herself, or directs a member of his or her staff to transport the pharmaceutical waste to a parent organization or another health care facility for the purpose of consolidation before treatment and disposal, or contracts with a common carrier to transport the pharmaceutical waste to a permitted medical waste treatment facility or transfer station. (c) Except as provided in subdivision (d), all of the following requirements are met: (1) Prior to shipment of the pharmaceutical waste, the generator notifies the intended destination facility that it is shipping pharmaceutical waste to it and provides a copy of the tracking document, as specified in Section 118040. (2) The generator and the facility receiving the pharmaceutical waste maintain the tracking document, as specified in Section 118040. (3) The facility receiving the pharmaceutical waste notifies the generator of the receipt of the pharmaceutical waste shipment and any discrepancies between the items received and the tracking document, as specified in Section 118040, evidencing diversion of the pharmaceutical waste. (4) The generator notifies the enforcement agency of any discrepancies between the items received and the tracking document, as specified in Section 118040, evidencing diversion of the pharmaceutical waste. (d) (1) Notwithstanding subdivision (c), if a health care professional who generates pharmaceutical waste returns the pharmaceutical waste to the parent organization for the purpose of consolidation before treatment and disposal over a period of time, a single-page form or multiple entry log may be substituted for the tracking document, if the form or log contains all of the following information: (A) The name of the person transporting the pharmaceutical waste. (B) The number of containers of pharmaceutical waste. This clause does not require any generator to maintain a separate pharmaceutical waste container for every patient or to maintain records as to the specified source of the pharmaceutical waste in any container. (C) The date that the pharmaceutical waste was returned. (2) The form or log described in paragraph (1) shall be maintained in the files of the health care professional who generates the pharmaceutical waste and the parent organization or another health care facility that receives the pharmaceutical waste. (3) This subdivision does not prohibit the use of a single document to verify the return of more than one container to a parent organization or another health care facility, provided the form or log meets the requirements specified in paragraphs (1) and (2). SEC. 7. Section 118040 of the Health and Safety Code is amended to read: 118040. (a) Except with regard to sharps waste consolidated by a home-generated sharps consolidation point approved pursuant to Section 117904, a hazardous waste transporter transporting medical waste shall maintain a completed tracking document in compliance with subdivision (b) for the purpose of tracking the medical waste from the point when the waste leaves the generator facility until it receives final treatment. At the time that the medical waste is received by a hazardous waste transporter, the transporter shall provide the medical waste generator with a copy of the tracking document. The transporter transporting medical waste shall maintain its copy of the tracking document for three years. (b) The tracking document shall include, but not be limited to, all of the following information: (1) The name, address, telephone number, and registration number of the transporter, unless transported pursuant to Section 117946 or 117976. (2) The type of medical waste transported and the quantity or aggregate weight of medical waste transported. (3) The name, address, and telephone number of the generator. (4) The name, address, telephone number, permit number, and the signature of an authorized representative of the permitted facility receiving the medical waste. (5) The date that the medical waste is collected or removed from the generator’s facility, the date that the medical waste is received by the transfer station, the registered large quantity generator, or point of consolidation, if applicable, and the date that the medical waste is received by the treatment facility. (c) A hazardous waste transporter transporting medical waste in a vehicle shall have the tracking document in his or her possession while transporting the medical waste. The tracking document shall be shown upon demand to any enforcement agency personnel or officer of the Department of the California Highway Patrol. If the medical waste is transported by rail, vessel, or air, the railroad corporation, vessel operator, or airline shall enter on the shipping papers any information concerning the medical waste that the enforcement agency may require. (d) A hazardous waste transporter transporting medical waste shall provide the facility receiving the medical waste with the original tracking document. (e) Each hazardous waste transporter and each medical waste treatment facility shall provide tracking data periodically and in a format as determined by the department. SEC. 8. Section 118275 of the Health and Safety Code is amended to read: 118275. (a) To containerize or store medical waste, at the point of generation and while collected in that room, a person shall do all of the following: (1) Medical waste, as defined in Section 117690, shall be contained separately from other waste at the point of origin in the producing facility. Sharps containers may be placed in biohazard bags or in containers with biohazard bags. (2) Biohazardous waste, as defined in paragraph (1) of subdivision (b) of Section 117690, shall be placed in a biohazard bag and labeled in compliance with Section 117630. (3) Sharps waste, as defined in paragraph (4) of subdivision (b) of Section 117690, including sharps and pharmaceutical waste containerized pursuant to paragraph (7), shall be contained in a United States Food and Drug Administration (USFDA) approved sharps container that meets USFDA labeling requirements and is handled pursuant to Section 118285. (4) Trace chemotherapy waste, as defined in paragraph (5) of subdivision (b) of Section 117690, shall be segregated for storage, and, when placed in a secondary container, that container shall be labeled with the words “Chemotherapy Waste,” “CHEMO,” or other label approved by the department on the lid and sides, so as to be visible from any lateral direction, to ensure treatment of the biohazardous waste pursuant to Section 118222. Sharps waste that is contaminated through contact with, or having previously contained, chemotherapeutic agents, shall be placed in sharps containers labeled in accordance with the industry standard with the words “Chemotherapy Waste,” “CHEMO,” or other label approved by the department, and shall be segregated to ensure treatment of the sharps waste pursuant to Section 118222. (5) Pathology waste, as defined in paragraph (2) of subdivision (b) of Section 117690, shall be segregated for storage and, when placed in a secondary container, that container shall be labeled with the words “Pathology Waste,” “PATH,” or other label approved by the department on the lid and sides, so as to be visible from any lateral direction, to ensure treatment of the waste pursuant to Section 118222. (6) Pharmaceutical waste, as defined in paragraph (3) of subdivision (b) of Section 117690, shall be segregated for storage in accordance with the facility’s medical waste management plan. When this waste is prepared for shipment offsite for treatment, it shall be properly containerized for shipment in compliance with United States Department of Transportation and the United States Drug Enforcement Administration (DEA) requirements. (A) Pharmaceutical wastes classified by the DEA as “controlled substances” shall be disposed of in compliance with DEA requirements. (B) Nonradioactive pharmaceutical wastes that are not subject to the federal Resource Conservation and Recovery Act of 1976 (Public Law 94-580), as amended, and that are regulated as medical waste are placed in a container or secondary container labeled with the words “HIGH HEAT” or “INCINERATION ONLY,” or with another label approved by the department, on the lid and sides, so as to be visible from any lateral direction, to ensure treatment of the biohazardous waste pursuant to Section 118222. (7) A person may consolidate into a common container, which may be reusable, sharps waste, as defined in paragraph (4) of subdivision (b) of Section 117690, and pharmaceutical wastes, as defined in paragraph (3) of subdivision (b) of Section 117690, provided that both of the following apply: (A) The consolidated waste is treated by incineration or alternative treatment technologies approved to treat that waste pursuant to paragraph (1) or (3) of subdivision (a) of Section 118215 prior to disposal. That alternative treatment shall render the waste unrecoverable and nonhazardous. (B) The container meets the requirements of Section 118285. The container shall be labeled with the biohazardous waste symbol and the words “HIGH HEAT” or “INCINERATION ONLY,” or with another label approved by the department, on the lid and sides, so as to be visible from any lateral direction, to ensure treatment of the waste pursuant to this subdivision. (b) To containerize medical waste being held for shipment offsite for treatment, the waste shall be labeled, as outlined in subdivision (a), on the lid and sides of the container. (c) When medical waste is containerized pursuant to subdivisions (a) and (b) there is no requirement to label the containers with the date that the waste started to accumulate. SEC. 9. Section 118345 of the Health and Safety Code is amended to read: 118345. (a) Any person who intentionally makes any false statement or representation in any application, label, tracking document, record, report, permit, registration, or other document filed, maintained, or used for purposes of compliance with this part that materially affects the health and safety of the public is liable for a civil penalty of not more than ten thousand dollars ($10,000) for each separate violation or, for continuing violations, for each day that the violation continues. (b) Any person who fails to register or fails to obtain a medical waste permit in violation of this part, or otherwise violates any provision of this part, any order issued pursuant to Section 118330, or any regulation adopted pursuant to this part, is liable for a civil penalty of not more than ten thousand dollars ($10,000) for each violation of a separate provision of this part or, for continuing violations, for each day that the violation continues. SEC. 10. 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 that necessary and technical changes to the laws governing the handling and disposal of medical waste are implemented as soon as possible, it is necessary that this act take effect immediately.
(1) Under existing law, the Medical Waste Management Act, the State Department of Public Health regulates the disposal of medical waste. The act requires specified biohazard materials to be disposed of in biohazard bags and requires specified treatment for medical waste. Transportation, storage, treatment, or disposal of medical waste in a manner not authorized by the act is a crime. Existing law defines specified terms for purposes of the Medical Waste Management Act, including “biohazard bag.” Existing law defines a biohazard bag to mean a film bag that is impervious to moisture. Existing law requires the film bags that are used for transport to be marked and certified by the manufacturer as having passed specified tests prescribed for tear resistance and for impact resistance. This bill would revise the definition of “biohazard bag” and would limit the application of the requirement that film bags used for transport be marked and certified by the manufacturer as having passed specified tests only to those film bags that are used for transport from the generator’s facility onto roadways and into commerce to a treatment and disposal facility. The bill would revise the requirements for biohazard bags that are used to collect medical waste within a facility, as specified. (2) Existing law requires a hazardous waste transporter or generator transporting medical waste to maintain a completed shipping document in compliance with the United States Department of Transportation and a tracking document if the waste is transported to a facility other than the final medical waste treatment facility. This bill would instead require a hazardous waste transporter that transports medical waste to maintain a tracking document in compliance with specified requirements for purposes of tracking medical waste from the point when the waste leaves the generator facility until the waste receives final treatment. The bill would also require the tracking document to be maintained only by hazardous waste transporters, and not by generators transporting waste. The bill would also make conforming changes. (3) This bill would declare that it is to take effect immediately as an urgency statute.
An act to amend Sections 117630, 117904, 117943, 117945, 117975, 118032, 118040, 118345, and 118275 of the Health and Safety Code, relating to medical waste, and declaring the urgency thereof, to take effect immediately.
The people of the State of California do enact as follows: SECTION 1. Section 837.5 is added to the Code of Civil Procedure, immediately following Section 837, to read: 837.5. (a) The state may intervene in a comprehensive adjudication conducted pursuant to this chapter. (b) This section does not affect substantive law. SEC. 2. Section 10720.1 of the Water Code is amended to read: 10720.1. In enacting this part, it is the intent of the Legislature to do all of the following: (a) To provide for the sustainable management of groundwater basins. (b) To enhance local management of groundwater consistent with rights to use or store groundwater and Section 2 of Article X of the California Constitution. It is the intent of the Legislature to preserve the security of water rights in the state to the greatest extent possible consistent with the sustainable management of groundwater. (c) To establish minimum standards for sustainable groundwater management. (d) To provide local groundwater agencies with the authority and the technical and financial assistance necessary to sustainably manage groundwater. (e) To avoid or minimize subsidence. (f) To improve data collection and understanding about groundwater. (g) To increase groundwater storage and remove impediments to recharge. (h) To manage groundwater basins through the actions of local governmental agencies to the greatest extent feasible, while minimizing state intervention to only when necessary to ensure that local agencies manage groundwater in a sustainable manner. (i) To provide a more efficient and cost-effective groundwater adjudication process that protects water rights, ensures due process, prevents unnecessary delay, and furthers the objectives of this part. SEC. 3. Section 10720.5 of the Water Code is amended to read: 10720.5. (a) Groundwater management pursuant to this part shall be consistent with Section 2 of Article X of the California Constitution. Nothing in this part modifies rights or priorities to use or store groundwater consistent with Section 2 of Article X of the California Constitution, except that in basins designated medium- or high-priority basins by the department, no extraction of groundwater between January 1, 2015, and the date of adoption of a groundwater sustainability plan pursuant to this part or the approval by the department of an alternative submitted under Section 10733.6, whichever is sooner, may be used as evidence of, or to establish or defend against, any claim of prescription. (b) Nothing in this part, or in any groundwater management plan adopted pursuant to this part, determines or alters surface water rights or groundwater rights under common law or any provision of law that determines or grants surface water rights. (c) Water rights may be determined in an adjudication action pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of the Code of Civil Procedure. SEC. 4. Section 10722.2 of the Water Code is amended to read: 10722.2. (a) A local agency or an entity directed by the court in an adjudication action to file the request may request that the department revise the boundaries of a basin, including the establishment of new subbasins. A request shall be supported by the following information: (1) Information demonstrating that the proposed adjusted basin can be the subject of sustainable groundwater management. (2) Technical information regarding the boundaries of, and conditions in, the proposed adjusted basin. (3) Information demonstrating that the entity proposing the basin boundary adjustment consulted with interested local agencies and public water systems in the affected basins before filing the proposal with the department. (4) Other information the department deems necessary to justify revision of the basin’s boundary. (b) By January 1, 2016, the department shall adopt regulations regarding the information required to comply with subdivision (a), including the methodology and criteria to be used to evaluate the proposed revision. The department shall adopt the regulations, including any amendments thereto, authorized by this section as emergency regulations 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). The adoption of these regulations 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, or general welfare. Notwithstanding the Administrative Procedure Act, emergency regulations adopted by the department pursuant to this section shall not be subject to review by the Office of Administrative Law and shall remain in effect until revised by the department. (c) Methodology and criteria established pursuant to subdivision (b) shall address all of the following: (1) How to assess the likelihood that the proposed basin can be sustainably managed. (2) How to assess whether the proposed basin would limit the sustainable management of adjacent basins. (3) How to assess whether there is a history of sustainable management of groundwater levels in the proposed basin. (d) Prior to adopting the regulations pursuant to subdivision (b), the department shall conduct three public meetings to consider public comments. The department shall publish the draft regulations on its Internet Web site at least 30 days before the public meetings. One meeting shall be conducted at a location in northern California, one meeting shall be conducted at a location in the central valley of California, and one meeting shall be conducted at a location in southern California. (e) The department shall provide a copy of its draft revision of a basin’s boundaries to the California Water Commission. The California Water Commission shall hear and comment on the draft revision within 60 days after the department provides the draft revision to the commission. SEC. 5. Chapter 12 (commencing with Section 10737) is added to Part 2.74 of Division 6 of the Water Code, to read: CHAPTER 12. Determination of Rights to Groundwater 10737. Except as provided in this chapter, an adjudication action to determine rights to groundwater in a basin shall be conducted in accordance with the Code of Civil Procedure, including pursuant to Chapter 7 (commencing with Section 830) of Title 10 of Part 2 of that code. 10737.2. In an adjudication action for a basin required to have a groundwater sustainability plan under this part, the court shall manage the proceedings in a manner that minimizes interference with the timely completion and implementation of a groundwater sustainability plan, avoids redundancy and unnecessary costs in the development of technical information and a physical solution, and is consistent with the attainment of sustainable groundwater management within the timeframes established by this part. 10737.4. (a) Chapter 11 (commencing with Section 10735) shall not apply to a judgment approved by the court pursuant to Section 850 of the Code of Civil Procedure if both of the following apply: (1) A local agency or a party directed by the court to file the submission submits the judgment to the department for evaluation and assessment pursuant to paragraph (2) of subdivision (b) of Section 10733.6. (2) The department determines that the judgment satisfies the objectives of this part for the basin. (b) A party or group of parties proposing a stipulated judgment pursuant to subdivision (b) of Section 850 of the Code of Civil Procedure may submit the proposed stipulated judgment to the department for evaluation and assessment pursuant to paragraph (2) of subdivision (b) of Section 10733.6. (c) Notwithstanding subdivision (c) of Section 10733.6, a judgment or proposed stipulated judgment pursuant to this section may be submitted to the department after January 1, 2017. (d) A determination of the department on a submission pursuant to this section is subject to judicial review pursuant to Section 1085 of the Code of Civil Procedure. Venue shall be in the court with jurisdiction over the adjudication action and the case shall be coordinated with the adjudication action. 10737.6. If the department determines that a judgment satisfies the objectives of this part in accordance with paragraph (2) of subdivision (a) of Section 10737.4, the department shall submit to the court the assessments and any recommended corrective actions that the department issues pursuant to Section 10733.8. The court, after notice and, if necessary, an evidentiary hearing, shall determine whether to amend the judgment pursuant to Section 852 of the Code of Civil Procedure to adopt the department’s recommended corrective actions. 10737.8. In addition to making any findings required by subdivision (a) of Section 850 of the Code of Civil Procedure or any other law, the court shall not approve entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under this part unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with this part and to achieve sustainable groundwater management. SEC. 6. This act shall only become operative if Assembly Bill 1390 of the 2015–16 Regular Session is enacted and becomes effective.
The California Constitution requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable. Existing law specifies the jurisdiction of the courts. Under existing law, courts may adjudicate rights to produce groundwater and exercise other powers relating to the supervision of a groundwater basin. Existing law authorizes a court to order a reference to the State Water Resources Control Board, as referee, of any and all issues involved in a suit brought in any court of competent jurisdiction in this state for determination of rights to water. This bill would authorize the state to intervene in a comprehensive adjudication conducted as specified in AB 1390 of the 2015–16 Regular Session. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. The act authorizes a local agency to request that the department revise the boundaries of a basin. This bill, in an adjudication action to determine rights to groundwater in a basin that is required to have a groundwater sustainability plan under the act, would require the court to manage the proceedings in a manner that minimizes interference with the timely completion and implementation of a groundwater sustainability plan, avoids redundancy and unnecessary costs in the development of technical information and a physical solution, and is consistent with the attainment of sustainable groundwater management within the timeframes established by the act. The bill would authorize an entity that is directed by the court in an adjudication action to file the request that the department revise the boundaries of a basin. The act authorizes the state board to designate certain high- and medium-priority basins as a probationary basin if prescribed criteria are met. The act authorizes the state board to develop an interim plan for a probationary basin if the state board, in consultation with the department, determines that a local agency has not remedied a deficiency that resulted in designating the basin as a probationary basin within a certain timeframe. The act also requires the department, at least every 5 years after initial submission, to review any available groundwater sustainability plan or alternative and the implementation of the corresponding groundwater sustainability program for consistency with the act, including achieving the sustainability goal. The act requires the department to issue an assessment for each basin for which a plan or alternative has been submitted that may include recommended corrective actions to address any deficiencies identified by the department. The bill would prohibit the provisions relating to probationary basins and interim plans from applying to a judgment approved by the court if the judgment is submitted to the department for evaluation and assessment and the department determines that the judgment satisfies the objectives of the act for the basin. The bill would require the department to submit to the court assessments and any recommended corrective actions for these judgments and would require the court, after notice and, if necessary, an evidentiary hearing, to determine whether to amend the judgment to adopt the department’s recommended corrective actions. This bill would prohibit a court from approving entry of judgment in an adjudication action for a basin required to have a groundwater sustainability plan under the act unless the court finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the board, or the department to comply with the act and to achieve sustainable groundwater management.
An act to add Section 837.5 to the Code of Civil Procedure, and to amend Sections 10720.1, 10720.5, and 10722.2 of, and to add Chapter 12 (commencing with Section 10737) to Part 2.74 of Division 6 of, the Water Code, relating to groundwater.
The people of the State of California do enact as follows: SECTION 1. Section 75212 of the Public Resources Code is amended to read: 75212. Projects eligible for funding pursuant to the program include any of the following: (a) Intermodal, affordable housing projects that support infill and compact development. (b) Transit capital projects and programs supporting transit ridership, including water-borne transit. (c) Active transportation capital projects that qualify under the Active Transportation Program, including pedestrian and bicycle facilities and supportive infrastructure, including connectivity to transit stations. (d) Noninfrastructure-related active transportation projects that qualify under the Active Transportation Program, including activities that encourage active transportation goals conducted in conjunction with infrastructure improvement projects. (e) Transit-oriented development projects, including affordable housing and infrastructure at or near transit stations or connecting those developments to transit stations. (f) Capital projects that implement local complete streets programs. (g) Other projects or programs designed to reduce greenhouse gas emissions and other criteria air pollutants by reducing automobile trips and vehicle miles traveled within a community. (h) Acquisition of easements or other approaches or tools that protect agricultural lands that are under pressure of being converted to nonagricultural uses, particularly those adjacent to areas most at risk of urban or suburban sprawl or those of special environmental significance. (i) Planning to support implementation of a sustainable communities strategy, including implementation of local plans supporting greenhouse gas emissions reduction efforts and promoting infill and compact development. SEC. 2. Section 75230 of the Public Resources Code is amended to read: 75230. (a) The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities. (b) Funding for the program is continuously appropriated pursuant to Section 39719 of the Health and Safety Code from the Greenhouse Gas Reduction Fund established pursuant to Section 16428.8 of the Government Code. (c) Funding shall be allocated by the Controller consistent with the requirements of this part and with Section 39719 of the Health and Safety Code, upon a determination by the Department of Transportation that the expenditures proposed by a transit agency meet the requirements of this part and guidelines developed pursuant to subdivision (f), and the amount of funding requested that is currently available. (d) Moneys for the program shall be expended to provide transit operating or capital assistance that meets all of the following criteria: (1) Expenditures supporting new or expanded bus or rail services, new or expanded water-borne transit, or expanded intermodal transit facilities, and may include equipment acquisition, fueling, and maintenance, and other costs to operate those services or facilities. (2) The recipient transit agency demonstrates that each expenditure directly enhances or expands transit service to increase mode share. (3) The recipient transit agency demonstrates that each expenditure reduces greenhouse gas emissions. (e) For transit agencies whose service areas include disadvantaged communities as identified pursuant to Section 39711 of the Health and Safety Code, at least 50 percent of the total moneys received pursuant to this chapter shall be expended on projects or services that meet requirements of subdivision (d) and benefit the disadvantaged communities, consistent with the guidance developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code. (f) The Department of Transportation, in coordination with the State Air Resources Board, shall develop guidelines that describe the methodologies that recipient transit agencies shall use to demonstrate that proposed expenditures will meet the criteria in subdivisions (d) and (e) and establish the reporting requirements for documenting ongoing compliance with those criteria. (g) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development of guidelines for the program pursuant to this section. (h) A transit agency shall submit the following information to the Department of Transportation before seeking a disbursement of funds pursuant to this part: (1) A list of proposed expense types for anticipated funding levels. (2) The documentation required by the guidelines developed pursuant to subdivision (f) to demonstrate compliance with subdivisions (d) and (e). (i) Before authorizing the disbursement of funds, the department, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense types, based on the documentation provided by the recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to subdivision (f). (j) The department shall notify the Controller of approved expenditures for each transit agency, and the amount of the allocation for each transit agency determined to be available at that time of approval. (k) The recipient transit agency shall provide annual reports to the Department of Transportation, in the format and manner prescribed by the department, consistent with the internal administrative procedures for use of fund proceeds developed by the State Air Resources Board. (l) The Department of Transportation and recipient transit agencies shall comply with the guidelines developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code to ensure that the requirements of Section 39713 of the Health and Safety Code are met to maximize the benefits to disadvantaged communities as described in Section 39711 of the Health and Safety Code.
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, to be deposited in the Greenhouse Gas Reduction Fund. Existing law continuously appropriates specified portions of the annual proceeds in the Greenhouse Gas Reduction Fund to various programs including 5% for the Low Carbon Transit Operations Program and 20% for the Affordable Housing and Sustainable Communities Program. This bill would include water-borne transit as an eligible project that may be funded under these 2 programs. Because the bill would expand the allowable purposes for which the continuously appropriated funds allocated to the program may be expended, it would thereby make an appropriation.
An act to amend Sections 75212 and 75230 of the Public Resources Code, relating to transportation, and making an appropriation therefor.
The people of the State of California do enact as follows: SECTION 1. Section 41326 of the Education Code is amended to read: 41326. (a) Notwithstanding any other provision of this code, the acceptance by a school district of an apportionment made pursuant to Section 41320 that exceeds an amount equal to 200 percent of the amount of the reserve recommended for that school district under the standards and criteria adopted pursuant to Section 33127 constitutes the agreement by the school district to the conditions set forth in this article. Before applying for an emergency apportionment in the amount identified in this subdivision, the governing board of a school district shall discuss the need for that apportionment at a regular or special meeting of the governing board of the school district and, at that meeting, shall receive testimony regarding the apportionment from parents, exclusive representatives of employees of the school district, and other members of the community. For purposes of this article, “qualifying school district” means a school district that accepts a loan as described in this subdivision. (b) The Superintendent shall assume all the legal rights, duties, and powers of the governing board of a qualifying school district. The Superintendent, in consultation with the county superintendent of schools, shall appoint an administrator to act on his or her behalf in exercising the authority described in this subdivision in accordance with all of the following: (1) The administrator shall serve under the direction and supervision of the Superintendent until terminated by the Superintendent at his or her discretion. The Superintendent shall consult with the county superintendent of schools before terminating the administrator. (2) The administrator shall have recognized expertise in management and finance. (3) To facilitate the appointment of the administrator and the employment of necessary staff, for purposes of this section, the Superintendent is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (4) Notwithstanding any other law, the Superintendent may appoint an employee of the state or the office of the county superintendent of schools to act as administrator for up to the duration of the administratorship. During the tenure of his or her appointment, the administrator, if he or she is an employee of the state or the office of the county superintendent of schools, is an employee of the qualifying school district, but shall remain in the same retirement system under the same plan that has been provided by his or her employment with the state or the office of the county superintendent of schools. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the state or the office of the county superintendent of schools. The time served in the appointment shall be counted for all purposes as if the administrator had served that time in his or her former position with the state or the office of the county superintendent of schools. (5) Except for an individual appointed as an administrator by the Superintendent pursuant to paragraph (4), the administrator shall be a member of the State Teachers’ Retirement System, if qualified, for the period of service as administrator, unless he or she elects in writing not to become a member. A person who is a member or retirant of the State Teachers’ Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the administrator chooses to become a member or is already a member, the administrator shall be placed on the payroll of the qualifying school district for purposes of providing appropriate contributions to the system. The Superintendent may also require the administrator to be placed on the payroll of the qualifying school district for purposes of remuneration, other benefits, and payroll deductions. (6) For purposes of workers’ compensation benefits, the administrator is an employee of the qualifying school district, except that an administrator appointed pursuant to paragraph (4) may be deemed an employee of the state or office of the county superintendent of schools, as applicable. (7) The qualifying school district shall add the administrator as a covered employee of the qualifying school district for all purposes of errors and omissions liability insurance policies. (8) The salary and benefits of the administrator shall be established by the Superintendent and paid by the qualifying school district. (9) The Superintendent or the administrator may employ, on a short-term basis and at the expense of the qualifying school district, any staff necessary to assist the administrator, including, but not limited to, a certified public accountant. (10) The administrator may do all of the following: (A) Implement substantial changes in the fiscal policies and practices of the qualifying school district, including, if necessary, the filing of a petition under Chapter 9 (commencing with Section 901) of Title 11 of the United States Code for the adjustment of indebtedness. (B) Revise the educational program of the qualifying school district to reflect realistic income projections and pupil performance relative to state standards. (C) Encourage all members of the school community to accept a fair share of the burden of the fiscal recovery of the qualifying school district. (D) Consult, for the purposes described in this subdivision, with the governing board of the qualifying school district, the exclusive representatives of the employees of the qualifying school district, parents, and the community. (E) Consult with, and seek recommendations from, the Superintendent, the county superintendent of schools, and the County Office Fiscal Crisis and Management Assistance Team authorized pursuant to subdivision (c) of Section 42127.8 for purposes described in this article. (F) With the approval of the Superintendent, enter into agreements on behalf of the qualifying school district and, subject to any contractual obligation of the qualifying school district, change existing school district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plans referred to in Sections 41327 and 41327.1. (G) Request the advice and assistance of the California Collaborative for Educational Excellence pursuant to paragraph (1) of subdivision (f) of Section 52074. (c) (1) Except as provided for in paragraph (2), the period of time during which the Superintendent exercises the authority described in subdivision (b), the governing board of the qualifying school district shall serve as an advisory body reporting to the state-appointed administrator, and has no rights, duties, or powers, and is not entitled to any stipend, benefits, or other compensation from the qualifying school district. (2) (A) After one complete fiscal year has elapsed following the qualifying school district’s acceptance of an emergency apportionment, the governing board of the qualifying school district may conduct an annual advisory evaluation of an administrator for the duration of the administratorship. (B) An advisory evaluation of an administrator shall focus on the administrator’s effectiveness in leading the qualifying school district toward fiscal recovery and improved academic achievement. Advisory evaluation criteria shall be agreed upon by the governing board of the qualifying school district and the administrator before the advisory evaluation. The advisory evaluation shall include, but not be limited to, all of the following: (i) Goals and standards consistent with Section 41327.1. (ii) Commendations in the areas of the administrator’s strengths and achievements. (iii) Recommendations for improving the administrator’s effectiveness in areas of concern and unsatisfactory performance. (C) An advisory evaluation of an administrator conducted by the governing board of a qualifying school district shall be submitted to the Governor, the Legislature, the Superintendent, and the County Office Fiscal Crisis and Management Assistance Team. (3) Upon the appointment of an administrator pursuant to this section, the district superintendent is no longer an employee of the qualifying school district. (4) A determination of the severance compensation for the district superintendent shall be made pursuant to subdivision (j). (d) Notwithstanding Section 35031 or any other law, the administrator, after according the affected employee reasonable notice and the opportunity for a hearing, may terminate the employment of a deputy, associate, assistant superintendent, or other school district level administrator who is employed by a qualifying school district under a contract of employment signed or renewed after January 1, 1992, if the employee fails to document, to the satisfaction of the administrator, that before the date of the acceptance of the emergency apportionment he or she either advised the governing board of the qualifying school district, or his or her superior, that actions contemplated or taken by the governing board of the qualifying school district could result in the fiscal insolvency of the qualifying school district, or took other appropriate action to avert that fiscal insolvency. (e) The authority of the Superintendent, and the administrator, under this section shall continue until all of the following occur: (1) (A) After one complete fiscal year has elapsed following the qualifying school district’s acceptance of an emergency apportionment as described in subdivision (a), the administrator determines, and so notifies the Superintendent and the county superintendent of schools, that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable. (B) The Superintendent may return power to the governing board of the qualifying school district for an area listed in subdivision (a) of Section 41327.1 if performance under the recovery plan for that area has been demonstrated to the satisfaction of the Superintendent. (2) The Superintendent has approved all of the recovery plans referred to in subdivision (a) of Section 41327 and the County Office Fiscal Crisis and Management Assistance Team completes the improvement plans specified in Section 41327.1 and has completed a minimum of two reports identifying the qualifying school district’s progress in implementing the improvement plans. (3) The administrator certifies that all necessary collective bargaining agreements have been negotiated and ratified, and that the agreements are consistent with the terms of the recovery plans. (4) The qualifying school district has completed all reports required by the Superintendent and the administrator. (5) The Superintendent determines that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable. (f) When the conditions stated in subdivision (e) have been met, and at least 60 days after the Superintendent has notified the Legislature, the Department of Finance, the Controller, and the county superintendent of schools that he or she expects the conditions prescribed pursuant to this section to be met, the governing board of the qualifying school district shall regain all of its legal rights, duties, and powers, except for the powers held by the trustee provided for pursuant to Article 2 (commencing with Section 41320). The Superintendent shall appoint a trustee under Section 41320.1 to monitor and review the operations of the qualifying school district until the conditions of subdivision (b) of that section have been met. (g) Notwithstanding subdivision (f), if the qualifying school district violates a provision of the recovery plans approved by the Superintendent pursuant to this article within five years after the trustee appointed pursuant to Section 41320.1 is removed or after the emergency apportionment is repaid, whichever occurs later, or the improvement plans specified in Section 41327.1 during the period of the trustee’s appointment, the Superintendent may reassume, either directly or through an administrator appointed in accordance with this section, all of the legal rights, duties, and powers of the governing board of the qualifying school district. The Superintendent shall return to the governing board of the qualifying school district all of its legal rights, duties, and powers reassumed under this subdivision when he or she determines that future compliance with the approved recovery plans is probable, or after a period of one year, whichever occurs later. (h) Article 2 (commencing with Section 41320) shall apply except as otherwise specified in this article. (i) It is the intent of the Legislature that the legislative budget subcommittees annually conduct a review of each qualifying school district that includes an evaluation of the financial condition of the qualifying school district, the impact of the recovery plans upon the qualifying school district’s educational program, and the efforts made by the state-appointed administrator to obtain input from the community and the governing board of the qualifying school district. (j) (1) The district superintendent is entitled to a due process hearing for purposes of determining final compensation. The final compensation of the district superintendent shall be between zero and six times his or her monthly salary. The outcome of the due process hearing shall be reported to the Superintendent and the public. The information provided to the public shall explain the rationale for the compensation. (2) This subdivision applies only to a contract for employment negotiated on or after June 21, 2004. (k) (1) When the Superintendent assumes control over a qualifying school district pursuant to subdivision (b), he or she shall, in consultation with the County Office Fiscal Crisis and Management Assistance Team, review the fiscal oversight of the qualifying school district by the county superintendent of schools. The Superintendent may consult with other fiscal experts, including other county superintendents of schools and regional fiscal teams, in conducting this review. (2) Within three months of assuming control over a qualifying school district, the Superintendent shall report his or her findings to the Legislature and shall provide a copy of that report to the Department of Finance. This report shall include findings as to fiscal oversight actions that were or were not taken and may include recommendations as to an appropriate legislative response to improve fiscal oversight. (3) If, after performing the duties described in paragraphs (1) and (2), the Superintendent determines that the county superintendent of schools failed to carry out his or her responsibilities for fiscal oversight as required by this code, the Superintendent may exercise the authority of the county superintendent of schools who has oversight responsibilities for a qualifying school district. If the Superintendent finds, based on the report required in paragraph (2), that the county superintendent of schools failed to appropriately take into account particular types of indicators of financial distress, or failed to take appropriate remedial actions in the qualifying school district, the Superintendent shall further investigate whether the county superintendent of schools failed to take into account those indicators, or similarly failed to take appropriate actions in other school districts with negative or qualified certifications, and shall provide an additional report on the fiscal oversight practices of the county superintendent of schools to the appropriate policy and fiscal committees of each house of the Legislature and the Department of Finance.
Existing law authorizes the governing board of a school district to request an emergency apportionment through the Superintendent of Public Instruction if the governing board of a school district determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations. Existing law provides that if a school district accepts an emergency apportionment that exceeds an amount equal to 200% of the amount of the reserve recommended for that school district, as specified, the Superintendent must, among other things, assume all the legal rights, duties, and powers of the governing board of the qualifying school district, as defined, and, in consultation with the county superintendent of schools, appoint an administrator to act on the Superintendent’s behalf. Existing law authorizes the administrator to take certain actions, including, among others, revising the educational program of the qualifying school district to reflect realistic income projections and pupil performance relative to state standards. Existing law, on or before July 1, 2014, requires the governing board of each school district and each county board of education to adopt a local control and accountability plan and requires the governing board of each school district and each county board of education to update its local control and accountability plan on or before July 1 of each year. Existing law requires the local control and accountability plan to include certain elements and requires the charter petition for a charter school to include some of those same elements. Existing law establishes the California Collaborative for Educational Excellence for purposes of advising and assisting school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan. Existing law authorizes the Superintendent to direct the collaborative to advise and assist a school district, county superintendent of schools, or charter school in specified circumstances, including upon their request. This bill would also authorize the state-appointed administrator of a school district to request the advice and assistance of the collaborative.
An act to amend Section 41326 of the Education Code, relating to school accountability.
The people of the State of California do enact as follows: SECTION 1. Section 6604 of the Fish and Game Code is amended to read: 6604. (a) A proposed project to partially remove an offshore oil structure pursuant to this chapter is a project as defined in subdivision (c) of Section 21065 of the Public Resources Code and is therefore subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be reviewed pursuant to the time limits established in Section 21100.2 of the Public Resources Code. (b) The commission shall serve as the lead agency for the environmental review of any project proposed pursuant to this chapter. SEC. 2. Section 6612 of the Fish and Game Code is amended to read: 6612. (a) Upon receipt of an application to partially remove an offshore oil structure pursuant to this chapter, the department shall determine whether the application is complete and includes all information needed by the department. (b) (1) Upon a determination that the application is complete, the applicant shall provide surety bonds executed by an admitted surety insurer, irrevocable letters of credit, trust funds, or other forms of financial assurances, determined by the department to be available and adequate, to ensure that the applicant will provide sufficient funds to the department, council, commission, and conservancy to carry out all required activities pursuant to this article, including all of the following: (A) Environmental review of the proposed project pursuant to Section 6604. (B) A determination of net environmental benefit pursuant to Section 6613. (C) A determination of cost savings pursuant to Section 6614. (D) Preparation of a management plan for the structure pursuant to Section 6615. (E) Implementation of the management plan and ongoing maintenance of the structure after the department takes title pursuant to Section 6620. (F) Development of an advisory spending plan pursuant to Section 6621. (G) Other activities undertaken to meet the requirements of this article, including the costs of reviewing applications for completeness, and reviewing, approving, and permitting the proposed project, which includes the costs of determining whether the project meets the requirements of all applicable laws and regulations and the costs of environmental assessment and review. (2) The department shall consult with the council, commission, and conservancy in determining appropriate funding for activities to be carried out by those agencies. (3) The funds provided pursuant to paragraph (1) shall not be considered in the calculation of cost savings pursuant to Section 6614 or the apportionment of cost savings pursuant to Section 6618. (c) The first person to file an application on and after January 1, 2011, to partially remove an offshore oil structure pursuant to this chapter, shall pay, in addition to all costs identified under subdivision (b), the startup costs incurred by the department or the commission to implement this chapter, including the costs to develop and adopt regulations pursuant to this chapter. Before the first application is filed, a prospective applicant may elect to pay, and the department may accept payment of, a portion of the startup costs, in an amount determined by the department to be necessary for staff and other costs in anticipation of receipt of the first application. The payment of startup costs shall be reimbursed by the department as provided in paragraph (3) of subdivision (e) of Section 6618. (d) As soon as feasible after the applicant provides financial assurances pursuant to subdivision (b), the lead agency shall begin the environmental review of the proposed project as required pursuant to Section 6604. (e) The applicant may withdraw the application at any time before final approval. Upon notification that the applicant has withdrawn the application, the department shall return to the applicant any funds provided by the applicant under subdivisions (b) and (c) that have not been expended as of the date of receipt of notification of withdrawal. SEC. 3. Section 6613 of the Fish and Game Code is amended to read: 6613. (a) The council shall determine whether the partial removal of an offshore oil structure pursuant to this chapter provides a net benefit to the marine environment compared to the full removal of the structure. (b) As a necessary prerequisite to determining net environmental benefit as required in subdivision (a), the council shall, upon receipt of its initial application from the department pursuant to Section 6610, establish appropriate criteria, based on the best available credible science, for evaluating the net environmental benefit of full removal and partial removal of offshore oil structures. (1) The criteria shall include, but are not limited to, the depth of the partially removed structure in relation to its value as habitat and the location of the structure, including its proximity to other reefs, both natural and artificial. (2) The criteria shall not include any consideration of the funds to be generated by the partial removal of the structure. (3) In determining the criteria, the council shall consult with appropriate entities, including, but not limited to, the department, the commission, the State Air Resources Board, the California Coastal Commission, and the California Ocean Science Trust. (4) The council shall establish the criteria in time to use them in making its initial determination of net environmental benefit pursuant to this section. (c) Upon certification of environmental documents pursuant to the California Environmental Quality Act, the council shall, based on the criteria developed pursuant to subdivision (b) and other relevant information, determine whether partial removal of the structure would provide a net benefit to the marine environment compared to full removal of the structure. In making the determination, the council shall, at a minimum, take into account the following: (1) The contribution of the proposed structure to protection and productivity of fish and other marine life. (2) Any adverse impacts to biological resources or water quality, air quality or greenhouse gas emissions, or any other marine environmental impacts, from the full removal of the facility that would be avoided by partial removal as proposed in the application. (3) Any adverse impacts to biological resources or water quality, air quality or greenhouse gas emissions, or any other marine environmental impacts, from partial removal of the structure as proposed in the application. (4) Any benefits to the marine environment that would result from the full removal of the structure or from partial removal as proposed in the application. (5) Any identified management requirements and restrictions of the partially removed structure, including, but not limited to, restrictions on fishing or other activities at the site. (d) In making the determination pursuant to subdivision (c), the council shall determine the appropriate weight, based on the best available credible science, to be assigned to adverse impacts to air quality or greenhouse gas emissions as compared to adverse impacts to biological resources or water quality. (e) Benefits resulting from the contribution of cost savings to the endowment shall not be considered in the determination of net environmental benefit. (f) The council may contract or enter into a memorandum of understanding with any other appropriate governmental or nongovernmental entity to assist in its determination of net environmental benefit. (g) The determination made pursuant to this section and submitted to the department by the council shall constitute the final determination and shall not be revised except by the council. (h) The council shall take all feasible steps to complete its determination in a timely manner that accommodates the department’s schedule for consideration of the application. SEC. 4. Section 6614 of the Fish and Game Code is amended to read: 6614. (a) Upon certification of the appropriate environmental documents, the commission shall determine, or cause to be determined, the cost savings that will result from the partial removal of an offshore oil structure as proposed in the application compared to full removal of the structure. (b) The commission shall ensure that any cost savings are accurately and reasonably calculated. The commission may contract or enter into a memorandum of understanding with any other appropriate governmental agency or other party, including an independent expert, to ensure that cost savings are accurately and reasonably calculated. (c) The commission shall consider any estimates of cost savings made by any governmental agency, including, but not limited to, the Internal Revenue Service, the Franchise Tax Board, and the United States Department of the Interior. The commission shall include in its determination a written explanation, which shall be available to the public, of the differences, and the reasons for the differences, between the commission’s determination of cost savings and any other estimates of cost savings the commission considered. (d) The applicant shall provide all necessary documentation, as determined by the commission, to allow the commission to calculate the amount of cost savings. Failure to provide information requested by the commission in a timely manner may result in rejection of the application. (e) The determination made pursuant to this section and submitted to the department by the commission shall constitute the final determination and shall not be revised except by the commission. (f) The commission shall take all feasible steps to complete its determination in a timely manner that accommodates the department’s schedule for consideration of the application. SEC. 5. Section 6615 of the Fish and Game Code is amended to read: 6615. Prior to granting conditional approval of an application for partial removal of an offshore oil structure, the department shall do all of the following: (a) Prepare a plan to manage the offshore oil structure after its partial removal. The plan shall include measures to manage fishery and marine life resources at and around the structure in a manner that will ensure that the net benefits to the marine environment identified pursuant to Section 6613 are maintained or enhanced. Consistent with state and federal law, management measures may include a buffer zone in which fishing or removal of marine life is restricted or prohibited. (b) Provide an opportunity for public comment on the application and environmental document pursuant to the California Environmental Quality Act. (c) Hold public hearings for comment on the application and environmental document pursuant to the California Environmental Quality Act in the county nearest to the location of the offshore oil structure that is the subject of the application. SEC. 6. Section 6616 of the Fish and Game Code is amended to read: 6616. The department may grant conditional approval of an application for partial removal of an offshore oil structure only if all of the following criteria are satisfied: (a) The partial removal of the offshore oil structure and the planning, development, maintenance, and operation of the structure would be consistent with all applicable state, federal, and international laws, including, but not limited to, all of the following: (1) The federal Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. Sec. 1801 et seq.). (2) The federal National Fishing Enhancement Act of 1984 (33 U.S.C. Sec. 2101 et seq.). (3) The federal Coastal Zone Management Act (16 U.S.C. Sec. 1451 et seq.). (4) The California Coastal Management Program. (5) The Marine Life Management Act (Part 1.7 (commencing with Section 7050)). (6) The Marine Life Protection Act (Chapter 10.5 (commencing with Section 2850) of Division 3). (7) State and federal water quality laws. (8) Navigational safety laws. (b) The partial removal of the offshore oil structure provides a net benefit to the marine environment compared to full removal of the structure, as determined pursuant to Section 6613. (c) The cost savings that would result from the conversion of the offshore oil platform or production facility have been determined pursuant to Section 6614. (d) The applicant has provided sufficient funds consistent with subdivision (b) of Section 6612. (e) The department and the applicant have entered into a contractual agreement whereby the applicant will provide sufficient funds for overall management of the structure by the department, including, but not limited to, ongoing management, operations, maintenance, monitoring, and enforcement as these relate to the structure. (f) The department has entered into an indemnification agreement with the applicant that indemnifies the state and the department, to the extent permitted by law, against any and all liability that may result, including, but not limited to, active negligence, and including defending the state and the department against any claims against the state for any actions the state undertakes pursuant to this article. The agreement may be in the form of an insurance policy, cash settlement, or other mechanism as determined by the department. In adopting indemnification requirements for the agreement, the department shall ensure that the state can defend itself against any liability claims against the state for any actions the state undertakes pursuant to this article and pay any resulting judgments. The department shall consult with and, as necessary, use the resources of the office of the Attorney General in preparing and entering into the indemnification agreement. (g) The applicant has applied for and received all required permits, leases, and approvals issued by any governmental agency, including, but not limited to, a lease issued by the commission if the proposed project involves state tidelands and submerged lands. For structures located in federal waters, all of the following requirements shall be met: (1) The department and the owner or operator of the structure reach an agreement providing for the department to take title to the platform or facility as provided in Section 6620. (2) The department acquires the permit issued by the United States Army Corps of Engineers. (3) The partial removal of the structure is approved by the Bureau of Safety and Environmental Enforcement of the United States Department of the Interior. SEC. 7. Section 6618 of the Fish and Game Code is amended to read: 6618. (a) The cost savings from the partial removal of an offshore oil structure, as determined pursuant to Section 6614, shall be apportioned and transmitted as described in this section. (b) Except as provided in subdivision (c), upon receipt of conditional approval pursuant to Section 6617, the applicant shall apportion and directly transmit a portion of the total amount of the cost savings to the department as follows: (1) Fifty-five percent, if transmitted by the applicant to the department before January 1, 2017. (2) Sixty-five percent, if transmitted by the applicant to the department on or after January 1, 2017, and before January 1, 2023. (3) Eighty percent, if transmitted by the applicant to the department on or after January 1, 2023. (c) Upon receipt of conditional approval pursuant to Section 6617, the applicant who elects to pay a portion of the startup costs pursuant to subdivision (c) of Section 6612 before the first application is filed and who files the first application to partially remove an offshore oil structure shall apportion and directly transmit a portion of the total amount of the cost savings resulting from the first application to the department as follows: (1) Fifty-five percent, if the application was submitted before January 1, 2017. (2) Sixty-five percent, if the application was submitted on or after January 1, 2017, and before January 1, 2023. (3) Eighty percent, if the application was submitted on or after January 1, 2023. (d) If the department’s final approval pursuant to Section 6619 or any other federal, state, or local permit or approval required for the partial removal of the offshore oil structure is permanently enjoined, vacated, invalidated, rejected, or rescinded by a court or governmental agency as the result of litigation challenging the permit or approval, and the applicant is required to carry out full removal of the structure, the department shall promptly return the cost savings to the applicant. (e) Upon final, nonappealable judicial decisions upholding the department’s final approval pursuant to Section 6619 and all permits and approvals required for the partial removal of the offshore oil structure or the running of the statutes of limitations applicable to all the permits and approvals, whichever is later, the department shall directly transmit the following amounts from the total amount of the cost savings transmitted pursuant to subdivision (b) or (c) to the following entities: (1) Eighty-five percent shall be deposited into the California Endowment for Marine Preservation established pursuant to Division 37 (commencing with Section 71500) of the Public Resources Code. (2) Ten percent shall be deposited into the General Fund. (3) Two percent shall be deposited into the Fish and Game Preservation Fund for expenditure, upon appropriation by the Legislature, by the department to pay any costs imposed by this chapter that are not otherwise provided for pursuant to subdivision (b) of Section 6612 and subdivision (e) of Section 6616. Any moneys remaining in the Fish and Game Preservation Fund, after providing for these costs, shall be used, upon appropriation by the Legislature, first to reimburse the payment of the startup costs described in subdivision (c) of Section 6612, and thereafter to conserve, protect, restore, and enhance the coastal and marine resources of the state consistent with the mission of the department. (4) Two percent shall be deposited into the Coastal Act Services Fund, established pursuant to Section 30620.1 of the Public Resources Code, and shall be allocated to support state agency work involving research, planning, and regulatory review associated with the application and enforcement of coastal management policies in state and federal waters pursuant to state and federal quasi-judicial authority over offshore oil and gas development. (5) One percent shall be deposited with the board of supervisors of the county immediately adjacent to the location of the facility prior to its decommissioning. The amount paid to the county shall be managed pursuant to paragraph (1) of subdivision (d) of Section 6817 of the Public Resources Code.
(1) The California Marine Resources Legacy Act establishes a program, administered by the Department of Fish and Wildlife, to allow partial removal of offshore oil structures. The act authorizes the department to approve the partial removal of offshore oil structures, if specified criteria are satisfied. The act requires the first person to file an application to partially remove an offshore oil structure to pay, in addition to other specified costs, the startup costs incurred by the department or the State Lands Commission to implement the act, including the costs to develop and adopt regulations, and requires the payment of startup costs to be reimbursed by the department, as specified. The act requires an applicant, upon conditional approval for removal, to apportion a percentage of the cost-savings funds in accordance with a prescribed schedule to specified entities and funds. The act defines “cost savings” to mean the difference between the estimated cost to the applicant of complete removal of an oil platform, as required by state and federal leases, and the estimated costs to the applicant of partial removal of the oil platform pursuant to the act. Before the first application to partially remove an offshore oil structure is filed, this bill would authorize a prospective applicant to pay a portion of the startup costs in an amount determined by the department to be necessary for staff and other costs in anticipation of receipt of the first application. The bill would require an applicant, upon conditional approval for partial removal of an offshore oil structure, to apportion and transmit a portion of the cost savings to the department, instead of to the specified entities and funds. The bill would require the department to apportion those cost-savings funds received from the applicant in accordance with the prescribed schedule to the specified entities if certain criteria are satisfied. The bill would require the department to apportion the cost-savings funds received from the applicant who elects to pay a portion of the startup costs before the first application is filed and who files the first application in accordance with the prescribed schedule based on when the application was submitted rather than when the cost savings are transmitted. The bill would authorize the applicant to withdraw the application at any time before final approval and would require the department to return specified funds, including startup costs, submitted to process the application that have not been expended as of the date of receipt of the notification of withdrawal. The bill would require the department to promptly return the cost savings to the applicant if the partial removal of the offshore oil structure is not permitted by a court or governmental agency and the applicant is required to carry out full removal of the structure. (2) Existing law requires the Natural Resources Agency to serve as the lead agency for the environmental review under the California Environmental Quality Act (CEQA) of a proposed project to partially remove an offshore oil structure pursuant to the California Marine Resources Legacy Act. Upon certification of environmental documents pursuant to CEQA, the California Marine Resources Legacy Act requires the State Lands Commission to determine the cost savings of partial removal compared to full removal of the structure and requires the Ocean Protection Council to determine whether partial removal provides a net environmental benefit to the marine environment compared to the full removal of the structure. This bill would instead require the commission to serve as the lead agency for the environmental review under CEQA. The bill would require the council, in determining whether partial removal of the structure would provide a net benefit to the marine environment compared to full removal of the structure, to take certain adverse impacts to air quality and greenhouse gas emissions into account and to consult with the State Air Resources Board, among other entities. In making that determination, the bill would require the council to determine the appropriate weight to be assigned to adverse impacts to air quality and greenhouse gas emissions as compared to adverse impacts to biological resources and water quality.
An act to amend Sections 6604, 6612, 6613, 6614, 6615, 6616, and 6618 of the Fish and Game Code, relating to ocean resources.
The people of the State of California do enact as follows: SECTION 1. Section 30652 of the Food and Agricultural Code is amended to read: 30652. All fees for the issuance of dog license tags and all fines collected pursuant to this division shall be paid into the county, city, or city and county treasury, as the case may be, and shall be used: (a) First, to pay fees for the issuance of dog license tags. (b) Second, to pay fees, salaries, costs, expenses, or any or all of them for the enforcement of this division and all ordinances which are made pursuant to this division. (c) Third, to pay damages to owners of livestock which are killed by dogs. (d) Fourth, to pay costs of any hospitalization or emergency care of animals pursuant to Section 597f of the Penal Code. (e) Fifth, to pay for initial and in-service training for persons charged with enforcing animal control laws, including animal control officers. SEC. 2. Section 830.9 of the Penal Code is amended to read: 830.9. (a) Animal control officers are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the power to serve warrants as specified in Sections 1523 and 1530 during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers pursuant to Section 832. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms. For (b) (1) Every person appointed as an animal control officer prior to July 1, 2016, shall complete a course in the exercise of the powers of arrest and to serve warrants pursuant to Section 832 no later than July 1, 2017. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms. (2) An animal control officer who completed a course in the exercise of the powers of arrest and to serve warrants pursuant to Section 832 prior to January 1, 2016, shall be deemed to have satisfied the training requirements described in paragraph (1). (c) Every person appointed as an animal control officer on or after July 1, 2016, shall complete a course in the exercise of the powers of arrest and to serve warrants pursuant to Section 832 within one year of his or her appointment. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms. (d) Every animal control officer described in this section, prior to the exercise of the powers of arrest and to serve warrants, shall have satisfactorily completed the course of training described in Section 832. (e) Every person appointed as a director, manager, or supervisor, or any person in direct control of an animal control agency, on or after July 1, 2016, shall complete a course in the exercise of the powers of arrest and to serve warrants pursuant to Section 832 within one year of his or her appointment. (f) (1) During each three-year period following the date described in paragraph (2), every animal control officer shall satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer, which education and training shall be sponsored or provided by an accredited postsecondary institution, the Commission on Peace Officer Standards and Training, a law enforcement agency, the National Animal Care and Control Association, the California Animal Control Directors Association, the California Veterinary Medical Association, or the State Humane Association of California. (2) Every animal control officer appointed prior to July 1, 2016, shall comply with the requirements of paragraph (1) no later than July 1, 2019, and every three years thereafter. Every animal control officer appointed on or after July 1, 2016, shall comply with the requirements of paragraph (1) within three years of the date of his or her appointment, and every three years thereafter. (3) The minimum hours and required topics of continuing education and training may be determined by the California Animal Control Directors Association. Continuing education and training shall include at least four hours of course work in the exercise of the powers of arrest and to serve warrants taught by a Commission on Peace Officer Standards and Training certified instructor. This section does not restrict the ability of an agency employing an animal control officer from providing the training required by this subdivision utilizing instructors or curriculum from within the agency or from an allied agency, provided the topic and length of instruction otherwise comply with this subdivision. (4) Records of training shall be maintained by the animal control officer’s employing agency. (5) The failure to satisfactorily complete the continuing education and training requirements under this subdivision within 90 days after the expiration of each three-year period shall result in the immediate suspension of the authority granted under subdivision (a). (g) Nothing in this section shall be construed to supersede any existing training requirements, including, but not limited to, the training requirements set forth in subdivision (g) of Section 22295. (h) This section does not apply to an animal control officer who is a peace officer pursuant to Section 830.1. (i) For the purposes of this section, “firearms” includes capture guns, blowguns, carbon dioxide operated rifles and pistols, air guns, handguns, rifles, and shotguns. 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) Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice. Existing law requires the commission to carry out various duties related to the education and training of peace officers, as defined. Existing law provides that animal control officers are not peace officers but may exercise the powers of arrest of a peace officer and the power to serve warrants, as specified, during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers. This bill would require every person appointed as an animal control officer prior to July 1, 2016, to complete a course in the exercise of the powers of arrest and to serve warrants no later than July 1, 2017. This bill would require every person appointed as an animal control officer, and every person appointed as a director, manager, or supervisor, or any person in direct control of an animal control agency, on or after July 1, 2016, to complete a course in the exercise of the powers of arrest and to serve warrants within one year of his or her appointment, as specified. This bill would require every animal control officer, prior to the exercise of the powers of arrest and to serve warrants, to have satisfactorily completed the required course of training. This bill would also require every animal control officer appointed prior to July 1, 2016, to satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer, no later than July 1, 2019, and every 3 years thereafter, as specified. The bill would require every animal control officer appointed on or after July 1, 2016, to comply with those requirements within 3 years of the date of his or her appointment, and every 3 years thereafter. The bill would specify that the above training and continuing training requirements do not apply to an animal control officer who is a peace officer. By imposing new training requirements on local employees, this bill would impose a state-mandated local program. (2) Existing law provides for the regulation and licensing of dogs, including the issuance of dog license tags. Existing law requires that fees for the issuance of dog license tags and fines collected for a violation of the provisions regulating and licensing dogs be paid into the county, city, or city and county treasury and that they be used for specified purposes, including to pay costs and expenses for the enforcement of those provisions. This bill would expand the list of purposes for which those fees and fines shall be used to include paying for initial and in-service training for persons charged with enforcing animal control laws, including animal control officers. (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.
An act to amend Section 30652 of the Food and Agricultural Code, and to amend Section 830.9 of the Penal Code, relating to animal control officers.
The people of the State of California do enact as follows: SECTION 1. Section 14105.28 of the Welfare and Institutions Code is amended to read: 14105.28. (a) It is the intent of the Legislature to design a new Medi-Cal inpatient hospital reimbursement methodology based on diagnosis-related groups that more effectively ensures all of the following: (1) Encouragement of access by setting higher payments for patients with more serious conditions. (2) Rewards for efficiency by allowing hospitals to retain savings from decreased length of stays and decreased costs per day. (3) Improvement of transparency and understanding by defining the “product” of a hospital in a way that is understandable to both clinical and financial managers. (4) Improvement of fairness so that different hospitals receive similar payment for similar care and payments to hospitals are adjusted for significant cost factors that are outside the hospital’s control. (5) Encouragement of administrative efficiency and minimizing administrative burdens on hospitals and the Medi-Cal program. (6) That payments depend on data that has high consistency and credibility. (7) Simplification of the process for determining and making payments to the hospitals. (8) Facilitation of improvement of quality and outcomes. (9) Facilitation of implementation of state and federal provisions related to hospital acquired conditions. (10) Support of provider compliance with all applicable state and federal requirements. (b) (1) (A) (i) The department shall develop and implement a payment methodology based on diagnosis-related groups, subject to federal approval, that reflects the costs and staffing levels associated with quality of care for patients in all general acute care hospitals in state and out of state, including Medicare critical access hospitals, but excluding public hospitals, psychiatric hospitals, and rehabilitation hospitals, which include alcohol and drug rehabilitation hospitals. (ii) The payment methodology developed pursuant to this section shall be implemented on July 1, 2012, or on the date upon which the director executes a declaration certifying that all necessary federal approvals have been obtained and the methodology is sufficient for formal implementation, whichever is later. (iii) Claims for payments pursuant to the payment methodology based on diagnosis-related groups established under this section shall be increased by 16 percent for the 2015–16 fiscal year. Managed care rates to Medi-Cal managed care health plans shall be increased by a proportionately equal amount for increased payments for hospital services for the 2015–16 fiscal year. (iv) Commencing July 1, 2016, and annually thereafter, the department shall increase each diagnosis-related group payment claim amount based, at a minimum, on increases in the medical component of the California Consumer Price Index. Commencing July 1, 2016, and annually thereafter, managed care rates to Medi-Cal managed care health plans shall be increased by a proportionately equal amount for increased payments for hospital services. (B) The diagnosis-related group-based payments shall apply to all claims, except claims for psychiatric inpatient days, rehabilitation inpatient days, managed care inpatient days, and swing bed stays for long-term care services, provided, however, that psychiatric and rehabilitation inpatient days shall be excluded regardless of whether the stay was in a distinct-part unit. The department may exclude or include other claims and services as may be determined during the development of the payment methodology. (C) Implementation of the new payment methodology shall be coordinated with the development and implementation of the replacement Medicaid Management Information System pursuant to the contract entered into pursuant to Section 14104.3, effective on May 3, 2010. (2) The department shall evaluate alternative diagnosis-related group algorithms for the new Medi-Cal reimbursement system for the hospitals to which paragraph (1) applies. The evaluation shall include, but not be limited to, consideration of all of the following factors: (A) The basis for determining diagnosis-related group base price, and whether different base prices should be used taking into account factors such as geographic location, hospital size, teaching status, the local hospital wage area index, and any other variables that may be relevant. (B) Classification of patients based on appropriate acuity classification systems. (C) Hospital case mix factors. (D) Geographic or regional differences in the cost of operating facilities and providing care. (E) Payment models based on diagnosis-related groups used in other states. (F) Frequency of grouper group updates for the diagnosis-related groups. (G) The extent to which the particular grouping algorithm for the diagnosis-related groups accommodates ICD-10 diagnosis and procedure codes, and applicable requirements of the federal Health Insurance Portability and Accountability Act of 1996. 1996 (Public Law 104-191). (H) The basis for calculating relative weights for the various diagnosis-related groups. (I) Whether policy adjusters should be used, for which care categories they should be used, and the frequency of updates to the policy adjusters. (J) The extent to which the payment system is budget neutral and can be expected to result in state budget savings in future years. (K) Other factors that may be relevant to determining payments, including, but not limited to, add-on payments, outlier payments, capital payments, payments for medical education, payments in the case of early transfers of patients, and payments based on performance and quality of care. (c) The department shall submit to the Legislature a status report on the implementation of this section on April 1, 2011, April 1, 2012, April 1, 2013, and April 1, 2014. (d) The alternatives for a new system described in paragraph (2) of subdivision (b) shall be developed in consultation with recognized experts with experience in hospital reimbursement, economists, the federal Centers for Medicare and Medicaid Services, and other interested parties. (e) In implementing this section, the department may contract, as necessary, on a bid or nonbid basis, for professional consulting services from nationally recognized higher education and research institutions, or other qualified individuals and entities not associated with a particular hospital or hospital group, with demonstrated expertise in hospital reimbursement systems. The rate setting system described in subdivision (b) shall be developed with all possible expediency. This subdivision establishes an accelerated process for issuing contracts pursuant to this section and contracts entered into pursuant to this subdivision shall be exempt from the requirements of Chapter 1 (commencing with Section 10100) and Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. (f) (1) The department may adopt emergency regulations to implement the provisions of this section in accordance with 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). The initial adoption of emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Initial emergency regulations and the one readoption of those regulations shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of those regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations. (2) As an alternative to paragraph (1), and notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, or any other law, the department may implement and administer this section by means of provider bulletins, all-county letters, manuals, or other similar instructions, without taking regulatory action. The department shall notify the fiscal and appropriate policy committees of the Legislature of its intent to issue a provider bulletin, all-county letter, manual, or other similar instruction, at least five days prior to issuance. In addition, the department shall provide a copy of any provider bulletin, all-county letter, manual, or other similar instruction issued under this paragraph to the fiscal and appropriate policy committees of the Legislature. SEC. 2. Section 14105.194 is added to the Welfare and Institutions Code, to read: 14105.194. (a) Notwithstanding Sections 14105.07, 14105.191, 14105.192, and 14105.193, payments to providers for dates of service on or after June 1, 2011, shall be determined without application of the reductions in Sections 14105.07, 14105.191, 14105.192, and 14105.193, except as otherwise provided in this section. (b) Notwithstanding Sections 14105.07 and 14105.192, and except as otherwise provided in this section, for managed care health plans that contract with the department pursuant to this chapter or Chapter 8 (commencing with Section 14200), payments for dates of service following the effective date of the act adding this section shall be determined without application of the reductions, limitations, and adjustments in Sections 14105.07 and 14105.192. (c) The director shall implement this section to the maximum extent permitted by federal law and for the maximum time period for which the director obtains federal approval for federal financial participation for the payments provided for in this section. (d) The director shall promptly seek all necessary federal approvals to implement this section. SEC. 3. Section 14105.196 is added to the Welfare and Institutions Code, to read: 14105.196. (a) It is the intent of the Legislature to: (1) Maintain the increased reimbursement rates for primary care providers in the Medi-Cal program upon expiration of the temporary increase provided for under Chapter 23 of the Statutes of 2012, as amended by Chapter 438 of the Statutes of 2012, in order to ensure adequate access to these providers. (2) Increase reimbursement rates for other Medi-Cal providers to the amounts reimbursed by the federal Medicare program in order to ensure access to medically necessary health care services, and to comply with federal Medicaid requirements that care and services are available to Medi-Cal enrollees at least to the extent that care and services are available to the general population in the geographic area. (3) Increase reimbursement rates for Denti-Cal providers to the equivalent rate of the percentage increase for other Medi-Cal providers to the amounts reimbursed by the federal Medicare program in order to ensure access to medically necessary dental services, and to comply with federal Medicaid requirements that care and services are available to Medi-Cal enrollees at least to the extent that care and services are available to the general population in the geographic area. (b) (1) (A) Commencing January 1, 2016, payments for medical care services rendered by fee-for-service Medi-Cal providers, including dental providers, providers shall not be less than 100 percent of the payment rate that applies to those services as established by the Medicare program for services rendered by fee-for-service providers. (B) Commencing January 1, 2016, rates paid to Medi-Cal managed care plans shall be actuarially equivalent to the payment rates established under the Medicare program. (C) Commencing January 1, 2016, rates paid to Denti-Cal providers for dental services reimbursed under the Denti-Cal program for services provided to adults and children shall be increased by the equivalent percentage as the percentage increase required under subparagraph (A). (2) This subdivision shall be implemented only to the extent permitted by federal law and regulations. (c) Notwithstanding any other law, to the extent permitted by federal law and regulations, the payments for medical care services made pursuant to this section shall be exempt from the payment reductions under Sections 14105.191 and 14105.192. (d) Payment increases made pursuant to this section shall not apply to provider rates of payment described in Section 14105.18 for services provided to individuals not eligible for Medi-Cal or the Family Planning, Access, Care Care, and Treatment (Family PACT) Program. (e) For purposes of this section, “medical care services” means the services identified in subdivisions (a), (h), (i), (j), (n), (q), (t), (v), and (w) of Section 14132, and adult dental benefits provided pursuant to Section 14131.10. 14132. (f) Notwithstanding any other law, the department shall implement the payment increase required by this section to managed care health plans that contract pursuant to Chapter 8.75 (commencing with Section 14591) and to contracts with the Senior Care Action Network and the AIDS Healthcare Foundation in the following manner, to the extent that the services are provided through any of these contracts, payments by the department to managed care health plans shall be increased by the actuarially equivalent amount of the payment increases pursuant to contract amendments or change orders effective on or after January 1, 2016. (g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall implement, clarify, make specific, and define the provisions of this section by means of provider bulletins or similar instructions, without taking regulatory action until the time regulations are adopted. The department shall adopt regulations by July 1, 2018, in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Beginning July 1, 2016, and notwithstanding Section 10231.5 of the Government Code, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted. (h) This section shall be implemented only if and to the extent that federal financial participation is available and any necessary federal approvals have been obtained. 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 ensure, at the earliest possible time, access to medically necessary care for Medi-Cal beneficiaries, it is necessary that this act take effect immediately.
(1) Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified, low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Existing law requires the department to develop and implement a Medi-Cal inpatient hospital reimbursement payment methodology based on diagnosis-related groups, subject to federal approval, that reflects the costs and staffing levels associated with quality of care for patients in all general acute care hospitals, as specified. Existing law generally requires the diagnosis-related group-based payments to apply to all claims. This bill would require claims for payments pursuant to the inpatient hospital reimbursement methodology described above to be increased by 16 percent 16% for the 2015–16 fiscal year, and would require, commencing July 1, 2016, and annually thereafter, the department to increase each diagnosis-related group payment claim amount based, at a minimum, on increases in the medical component of the California Consumer Price Index. Commencing with the 2015–16 fiscal year, and annually thereafter, the bill would require managed care rates for Medi-Cal managed care health plans to be increased by a proportionately equal amount for increased payments for hospital services. (2) Existing law requires, except as otherwise provided, Medi-Cal provider payments to be reduced by 1% or 5%, and provider payments for specified non-Medi-Cal programs to be reduced by 1%, for dates of service on and after March 1, 2009, and until June 1, 2011. Existing law requires, except as otherwise provided, Medi-Cal provider payments and payments for specified non-Medi-Cal programs to be reduced by 10% for dates of service on and after June 1, 2011. This bill would, instead, prohibit the application of those reductions for payments to providers for dates of service on or after June 1, 2011. The bill would also require payments for managed care health plans for dates of service following the effective date of the bill to be determined without application of some of those reductions. The bill would require the Director of Health Care Services to implement this provision to the maximum extent permitted by federal law and for the maximum time period for which the director obtains federal approval for federal financial participation for those payments. (3) Prior law required, beginning January 1, 2013, through and including December 31, 2014, that payments for primary care services provided by specified physicians be no less than 100% of the payment rate that applies to those services and physicians as established by the Medicare program, for both fee-for-service and managed care plans. This bill, commencing January 1, 2016, would require, only to the extent permitted by federal law and that federal financial participation is available, require payments for specified medical care services to not be less than 100% of the payment rate that applies to those services as established by the Medicare program for services rendered by fee-for-service providers, and would require rates paid to Medi-Cal managed care plans to be actuarially equivalent to payment rates established by the Medicare program. The bill, commencing January 1, 2016, would require rates paid to Denti-Cal providers for dental services provided to adults and children to be increased by the equivalent percentage as the percentage increase required for other fee-for-service Medi-Cal providers. The bill would require those provisions to be implemented only to the extent permitted by federal law and that federal financial participation is available. The bill would authorize the department to implement those provisions through provider bulletins without taking regulatory action until regulations are adopted, and would require the department to adopt those regulations by July 1, 2018. The bill would require, commencing July 1, 2016, the department to provide a status report to the Legislature on a semiannual basis until regulations have been adopted. (4) This bill would declare that it is to take effect immediately as an urgency statute.
An act to amend Section 14105.28 of, and to add Sections 14105.194 and 14105.196 to, the Welfare and Institutions Code, relating to Medi-Cal Medi-Cal, and declaring the urgency thereof, to take effect immediately.
The people of the State of California do enact as follows: SECTION 1. Section 798.88 of the Civil Code, as amended by Section 1 of Chapter 99 of the Statutes of 2012, is amended to read: 798.88. (a) In addition to any right under Article 6 (commencing with Section 798.55) to terminate the tenancy of a homeowner, any person in violation of a reasonable rule or regulation of a mobilehome park may be enjoined from the violation as provided in this section. (b) A petition for an order enjoining a continuing or recurring violation of any reasonable rule or regulation of a mobilehome park may be filed by the management thereof within the limited jurisdiction of the superior court of the county in which the mobilehome park is located. At the time of filing the petition, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527 of the Code of Civil Procedure. A temporary order restraining the violation may be granted, with notice, upon the petitioner’s affidavit showing to the satisfaction of the court reasonable proof of a continuing or recurring violation of a rule or regulation of the mobilehome park by the named homeowner or resident and that great or irreparable harm would result to the management or other homeowners or residents of the park from continuance or recurrence of the violation. (c) A temporary restraining order granted pursuant to this subdivision shall be personally served upon the respondent homeowner or resident with the petition for injunction and notice of hearing thereon. The restraining order shall remain in effect for a period not to exceed 15 days, except as modified or sooner terminated by the court. (d) Within 15 days of filing the petition for an injunction, a hearing shall be held thereon. If the court, by clear and convincing evidence, finds the existence of a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park, the court shall issue an injunction prohibiting the violation. The duration of the injunction shall not exceed three years. (e) However, not more than three months prior to the expiration of an injunction issued pursuant to this section, the management of the mobilehome park may petition under this section for a new injunction where there has been recurring or continuous violation of the injunction or there is a threat of future violation of the mobilehome park’s rules upon termination of the injunction. (f) Nothing shall preclude a party to an action under this section from appearing through legal counsel or in propria persona. (g) The remedy provided by this section is nonexclusive and nothing in this section shall be construed to preclude or limit any rights the management of a mobilehome park may have to terminate a tenancy. SEC. 2. Section 798.88 of the Civil Code, as added by Section 2 of Chapter 99 of the Statutes of 2012, is repealed. SEC. 3. Section 85 of the Code of Civil Procedure, as amended by Section 3 of Chapter 99 of the Statutes of 2012, is amended to read: 85. An action or special proceeding shall be treated as a limited civil case if all of the following conditions are satisfied, and, notwithstanding any statute that classifies an action or special proceeding as a limited civil case, an action or special proceeding shall not be treated as a limited civil case unless all of the following conditions are satisfied: (a) The amount in controversy does not exceed twenty-five thousand dollars ($25,000). As used in this section, “amount in controversy” means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the lien, that is in controversy in the action, exclusive of attorneys’ fees, interest, and costs. (b) The relief sought is a type that may be granted in a limited civil case. (c) The relief sought, whether in the complaint, a cross-complaint, or otherwise, is exclusively of a type described in one or more statutes that classify an action or special proceeding as a limited civil case or that provide that an action or special proceeding is within the original jurisdiction of the municipal court, including, but not limited to, the following provisions: (1) Section 798.61 or 798.88 of the Civil Code. (2) Section 1719 of the Civil Code. (3) Section 3342.5 of the Civil Code. (4) Section 86. (5) Section 86.1. (6) Section 1710.20. (7) Section 7581 of the Food and Agricultural Code. (8) Section 12647 of the Food and Agricultural Code. (9) Section 27601 of the Food and Agricultural Code. (10) Section 31503 of the Food and Agricultural Code. (11) Section 31621 of the Food and Agricultural Code. (12) Section 52514 of the Food and Agricultural Code. (13) Section 53564 of the Food and Agricultural Code. (14) Section 53069.4 of the Government Code. (15) Section 53075.6 of the Government Code. (16) Section 53075.61 of the Government Code. (17) Section 5411.5 of the Public Utilities Code. (18) Section 9872.1 of the Vehicle Code. (19) Section 10751 of the Vehicle Code. (20) Section 14607.6 of the Vehicle Code. (21) Section 40230 of the Vehicle Code. (22) Section 40256 of the Vehicle Code. SEC. 4. Section 85 of the Code of Civil Procedure, as added by Section 4 of Chapter 99 of the Statutes of 2012, is repealed.
The Mobilehome Residency Law authorizes the management of a mobilehome park to, until January 1, 2016, file a petition for an order to enjoin a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park within the limited jurisdiction of the superior court of the county in which the mobilehome community is located. Existing law, until January 1, 2016, treats these actions for injunctive relief as a limited civil case. This bill would extend the operation of these provisions indefinitely.
An act to amend and repeal Section 798.88 of the Civil Code, and to amend and repeal Section 85 of the Code of Civil Procedure, relating to mobilehomes.
The people of the State of California do enact as follows: SECTION 1. Part 4.5 (commencing with Section 71350) is added to Division 34 of the Public Resources Code, to read: PART 4.5. Integrated Climate Adaptation and Resiliency Program 71350. For purposes of this part, “office” means the Office of Planning and Research. 71352. The Legislature finds and declares: (a) The state has been a leader in climate mitigation efforts to reduce greenhouse gas emissions. Now, and in the coming years, it is critical for California and the global community to continue and intensify those efforts in order to avoid the most severe impacts from a changing climate. However, because the global climate system changes slowly, impacts are ongoing and will inevitably worsen. In order to address the challenges posed by a changing climate, the state must invest in building resiliency and strengthening adaptation efforts at the state, regional, and local levels using the best-available science. (b) A principle of the state’s adaptation strategy document, Safeguarding California, is to prioritize actions that not only reduce greenhouse gas emissions, but also help the state prepare for climate change impacts. Improved coordination, implementation, and integration of adaptation planning efforts and funding in the state’s climate policies can directly protect the state’s infrastructure, communities, environmental quality, public health, safety and security, natural resources, and economy from the unavoidable impacts of climate change for decades to come. (c) In order to have a cohesive and comprehensive response to climate change impacts, the state must have integrated planning with coordinated strategies across state, regional, and local governments and agencies. (d) The office is established as the comprehensive state planning agency that shall engage in the formulation, evaluation, and updating of long-range goals for factors that shape statewide development patterns and significantly influence the quality of the state’s environment, in addition to assisting state, regional, and local agencies in a variety of research and planning efforts, pursuant to Section 65040 of the Government Code. Therefore, the office is well-positioned to work with regional and local entities across the state, coordinating with state climate adaptation strategies. (e) It is the intent of the Legislature, therefore, that adaptation strategies to build resiliency to the risks and impacts from climate change be integrated in state policies, projects, and permitting processes, and that the office serve as a coordinating body for adaptation projects and goals across California. 71354. The Integrated Climate Adaptation and Resiliency Program is hereby established to be administered by the office. No later than January 1, 2017, the Director of State Planning and Research shall establish the program to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change with, to the extent feasible, an emphasis on climate equity considerations across sectors and regions and strategies that benefit both greenhouse gas emissions reductions and adaptation efforts, in order to facilitate the development of holistic, complimentary strategies for adapting to climate change impacts. In order to achieve these goals, the program shall include, but not be limited to, all of the following: (a) Working with and coordinating local and regional efforts for climate adaptation and resilience, including, but not limited to, the following: (1) Developing tools and guidance. (2) Promoting and coordinating state agency support for local and regional efforts. (3) Informing state-led programs, including state planning processes, grant programs, and guideline development, to better reflect the goals, efforts, and challenges faced by local and regional entities pursuing adaptation, preparedness, and resilience. This should occur through regular coordination between the office, the Climate Action Team, which was established by Executive Order S-3-05, the Strategic Growth Council, and other state agencies, including, but not limited to, the Office of Emergency Services, the California Environmental Protection Agency, the Natural Resources Agency, the Transportation Agency, the State Department of Public Health, and the Department of Food and Agriculture. (b) Assisting the Office of Emergency Services and other relevant state agencies with coordinating regular reviews and updates, as needed, to the Adaptation Planning Guide, pursuant to Section 71356, and maintaining a copy of the guide, or an electronic link to a copy of the guide posted, at a minimum, on the state’s Climate Change Portal and the office’s Internet Web site. (c) Coordinating and maintaining the state’s clearinghouse for climate adaptation information, pursuant to Section 71360. (d) Conducting regular meetings with the advisory council established pursuant to Section 71358 in order to have technical support, as well as expertise and advice from regional and local experts working in climate adaptation throughout the research and planning processes, as described in this section. 71356. (a) Within one year of an update to the Safeguarding California Plan, the Office of Emergency Services, in coordination with the Natural Resources Agency, the office, and relevant public and private entities, shall review and update, as necessary, the Adaptation Planning Guide to provide tools and guidance to regional and local governments and agencies in creating and implementing climate adaptation and community resiliency plans and projects. An Adaptation Planning Guide update shall be informed by the climate adaptation clearinghouse established pursuant to Section 71360 and the scientific assessments and recommendations in the most recent update of the Safeguarding California Plan. An Adaptation Planning Guide update shall consider the nexus between climate adaptation, community resiliency, public safety, and security, provide information and planning support for assessing climate vulnerabilities across impact sectors and regions and developing adaptation strategies that can be tailored to meet local needs, and include, at a minimum, all of the following: (1) Guidance for coordinating adaptation planning activities among state and local governments and regional collaboratives. (2) Adaptation planning guidance and strategies for natural hazards exacerbated by climate change. (3) Guidance for conducting vulnerability assessments and identifying risk reduction strategies for communities. (4) Identification of climate impact regions and descriptions of climate impacts to be considered for each region. (5) Assistance with the interpretation of climate science as it relates to local and regional impacts. (b) As part of updating the Adaptation Planning Guide, the Office of Emergency Services, in consultation with the office and, as needed, with the advisory council created pursuant to Section 71358, shall hold public meetings in the northern, southern, and central regions of the state to obtain input from the public and leaders in local and regional climate preparedness. 71358. (a) An advisory council to the office is hereby established. The advisory council shall be comprised of members from a range of disciplines, in order to provide scientific and technical support, and from regional and local governments and entities. The advisory council shall support the office’s goals, as identified in this part, to facilitate coordination among state, regional, and local agency efforts to adapt to the impacts of climate change. (b) Members of the advisory council shall have expertise in the intersection of climate change and areas that include, but need not be limited to, any of the following: (1) Public health. (2) Environmental quality. (3) Environmental justice. (4) Agriculture. (5) Transportation and housing. (6) Energy. (7) Natural resources and water. (8) Planning. (9) Recycling and waste management. (10) Local or regional government. (11) Tribal issues. (12) Emergency services and public safety. (c) The advisory council shall meet with the office as needed, but not less than three times a year. 71360. (a) (1) The office shall coordinate with appropriate entities, including state, regional, or local agencies, to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities. (2) The clearinghouse shall be a centralized source of information that provides available climate data to guide decisionmakers at state, regional, and local levels when planning for and implementing climate adaptation projects to promote resiliency to climate change. The clearinghouse may include, but is not limited to, any of the following: (A) A collection of the best-available resources that may include projections and models, vulnerability assessments, and downscaled data for climate change impacts throughout the state, when available, at statewide, regional, and local levels for both near-term and longer term timescales, including year 2050 and year 2100 projections. Climate change impacts may include, but are not limited to, impacts to public health, natural resources, environmental quality, and infrastructure. (B) Tools that allow for the visualization or identification of regional and local impacts across the state and that integrate best-available data on vulnerable populations and infrastructure. (C) A library of relevant white papers, case studies, research articles, and climate adaptation best practices that are searchable by relevance to region, locality, and sector. (D) Information concerning funding opportunities for adaptation research, planning, and projects. (E) Regionally prioritized best-practice adaptation projects that, as appropriate, integrate efforts to reduce greenhouse gas emissions across the state. (b) The clearinghouse shall be regularly updated. SEC. 2. The Legislature finds that because the Strategic Growth Council consists primarily of the Governor’s cabinet members and because the council is designed to facilitate communication, coordinate policy outcomes, and improve efficiencies among member agencies and departments, informal discussion and interaction between and among agency secretaries and their staff should be encouraged and is a normal function of government. SEC. 3. Section 75123 of the Public Resources Code is amended to read: 75123. (a) A meeting of the council, including a meeting related to the development of grant guidelines and policies and the approval of grants, shall be subject 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), except that, for purposes of this section, “meeting” shall not include a meeting at which: (1) Council members are meeting as members of the Governor’s cabinet. (2) Council staff and member agency staff are meeting to discuss, but not take final action on, any of the following: (A) State agency coordination to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, revitalize urban and community centers in a sustainable manner, and other priorities specified in subdivision (a) of Section 75125. (B) Preliminary policy recommendations and investment strategies to the Governor, the Legislature, and appropriate state agencies to encourage the development of sustainable communities, as set forth in subdivision (b) of Section 75125. (C) Developing grant guidelines, such as those specified in Section 75125, that are otherwise subject to public participation process requirements. (b) The council may sponsor conferences, symposia, and other public forums, to seek a broad range of public advice regarding local, regional, and natural resource planning, sustainable development, and strategies to reduce and mitigate climate change.
(1) The 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. The state board is required to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions. The act requires all state agencies to consider and implement strategies to reduce their greenhouse gas emissions. An executive order establishes a climate action team consisting of specified ex officio members and requires the team to make a specified biannual report to the Legislature and Governor. This bill would establish the Integrated Climate Adaptation and Resiliency Program to be administered by the Office of Planning and Research to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change, as specified. The bill also would require, within one year of an update to the Safeguarding California Plan, the Office of Emergency Services, in coordination with the Natural Resources Agency, the Office of Planning and Research, and relevant public and private entities, to review and update, as necessary, the Adaptation Planning Guide, as specified. The bill would establish an advisory council, as specified, to support the goals of the Office of Planning and Research as identified by the bill. The bill would require the Office of Planning and Research to establish a clearinghouse for climate adaptation information, as specified. (2) The Bagley-Keene Open Meeting Act, with specified exceptions, requires that meetings of a state body be open and public and that all persons be permitted to attend. Existing law establishes the Strategic Growth Council and requires the council, among other things, to identify and review the activities and funding programs of member state agencies that may be coordinated to improve air and water quality. Existing law also requires the council’s meetings be open to the public and subject to the Bagley-Keene Open Meeting Act. This bill would specify certain council meetings that are not subject to the Bagley-Keene Open Meeting Act.
An act to amend Section 75123 of, and to add Part 4.5 (commencing with Section 71350) to Division 34 of, the Public Resources Code, relating to environmental protection.
The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Each year, more than 45,000,000 personal vehicle passengers and 15,000,000 pedestrians enter the state from Mexico. (b) Border crossers have an economic impact on the state, accounting annually for $4,005,000,000 in economic benefits and 67,000 jobs. (c) Border wait times during peak hours average 120 minutes on weekdays and even longer on weekends. (d) More than 8,000,000 trips are lost due to congestion each year in the San Ysidro Port of Entry, the busiest port of entry in the world. (e) In the San Diego region alone, this translates into a revenue loss of nearly $1,003,000,000, 3,000,000 potential working hours, 35,000 jobs, and $42,000,000 in wages. (f) It is estimated that border wait times will significantly increase in the future and an additional 15 minutes in border wait times will affect productivity in the binational border region by an additional $1,000,000,000 in costs and a loss of 134,000 jobs. (g) Because border wait times impede international travel, trade, and commerce, the Legislature must act to protect California’s jobs and economy. (h) After the 9/11 attacks, the federal government enacted the federal Western Hemisphere Travel Initiative (WHTI) (Public Law 110-53 and Public Law 108-458), to facilitate entry for United States citizens and legitimate foreign visitors, while strengthening United States border security, by requiring United States and Canadian travelers to present a passport or other documents that denote identity and citizenship when entering the United States. The documentation requirements of the WHTI went into effect in 2007 for air travel into the United States and in 2009 for land and sea travel. (i) In addition to a passport and other documents, the federal government approved, for cross-border travel, the use of an enhanced driver’s license (EDL), which is a standard state-issued driver’s license that has been enhanced in process, technology, and security to denote identity and citizenship for purposes of entering the United States at the land and sea ports of entry. An EDL contains radio frequency identification (RFID) technology, which allows information contained in a wireless device or tag to be read from a distance, and eliminates the need to key in travelers, translating into 60 percent faster processing than manual queries. (j) Another advantage of an EDL is that it can be used in Ready Lanes, which were created by the United States Customs and Border Protection and are used as primary vehicle lanes dedicated to travelers who possess RFID-enabled travel documents. (k) The use of an EDL as an RFID-enabled travel document is already in place in the States of Washington, New York, Michigan, and Vermont. (l) The use of EDLs in the state will open the way for the United States Customs and Border Protection to convert more vehicle lanes into Ready Lanes, which will decrease border wait times by an average of 30 minutes and thus provide a significant, long-term economic benefit to the state, while strengthening border security. (m) It is the intent of the Legislature that the decision to obtain an enhanced driver’s license is strictly voluntary. To that end, if California enters into a memorandum of understanding with a federal agency for the purposes of obtaining approval to issue an enhanced driver’s license, provisional license, or identification card pursuant to the federal Western Hemisphere Travel Initiative (Public Law 110-53 and Public Law 108-458), it is the intent of the Legislature that an employer shall not require an employee to apply for, or use, an enhanced driver’s license, provisional license, or identification card as a condition of employment, nor shall an employer discharge an employee, or otherwise discriminate or retaliate against an employee who refuses to apply for, or use, an enhanced driver’s license, provisional license, or identification card. SEC. 2. Chapter 8 (commencing with Section 15400) is added to Division 6 of the Vehicle Code, to read: CHAPTER 8. Enhanced Driver’s License and Identification Card 15400. The department may enter into a memorandum of understanding with a federal agency for the purposes of obtaining approval for the issuance of an enhanced driver’s license, provisional license, or identification card that is acceptable as proof of identity and citizenship pursuant to the federal Western Hemisphere Travel Initiative (Public Law 110-53 and Public Law 108-458). Prior to entering into any memorandum of understanding, the department shall consult with appropriate interested parties, including, but not limited to, business and privacy groups, regarding the issues raised by implementation of this chapter. 15401. (a) Upon the request of an applicant, the department may issue an initial enhanced driver’s license, provisional license, or identification card to, or renew the enhanced driver’s license, provisional license, or identification card of, a person who satisfies all of the following: (1) Is 16 years of age or older. (2) Is a resident of this state. (3) Is a citizen of the United States. (b) (1) In addition to other information required pursuant to Chapter 1 (commencing with Section 12500), the applicant shall submit sufficient proof that meets the requirements of the federal Western Hemisphere Travel Initiative (Public Law 110-53 and Public Law 108-458) to establish his or her identity, residency, and citizenship. (2) The applicant shall certify, under the penalty of perjury, that the information submitted pursuant to paragraph (1) is true and correct to the best of the knowledge of the applicant. (3) The department shall provide a protective shield at the time the enhanced driver’s license, provisional license, or identification card is issued to the individual, and inform the applicant in writing that the information on the driver’s license, provisional license, or identification card can be read remotely without the holder’s knowledge, if the enhanced driver’s license, provisional license, or identification card is not enclosed in the protective shield. (4) The applicant shall sign a declaration acknowledging his or her understanding of radio frequency identification technology and the purpose of the protective shield. (c) The department shall include, in the enhanced driver’s license, provisional license, or identification card, reasonable security measures, including tamper-resistant features to prevent unauthorized duplication or cloning and to protect against unauthorized disclosure of personal information regarding the person who is the subject of the license or card. (d) The enhanced driver’s license, provisional license, or identification card shall include radio frequency identification technology. The radio frequency identification technology shall contain a randomly assigned number or employ other security measures deemed necessary by the department to make any information on the card unintelligible to an unauthorized reader. In any event, the radio frequency technology shall contain only the information needed to comply with the United States Department of Homeland Security requirements and a machine readable zone or barcode that contains only as much information as is required by the federal Western Hemisphere Travel Initiative (Public Law 110-53 and Public Law 108-458) to permit a border crossing. (e) An enhanced driver’s license may be suspended, revoked, or restricted pursuant to this code. 15402. (a) An applicant applying for an initial enhanced driver’s license, provisional license, or identification card, shall have his or her photograph and signature captured or reproduced by the department at the time of application. (b) All laws related to the privacy or security of a driver’s license, provisional license, or identification document, or a similar document, or regulating the use, access, or sharing of information, apply to enhanced driver’s licenses, provisional licenses, and identification cards. (c) (1) The department shall examine and verify the genuineness, regularity, and legality of an application and proof submitted to the department for an initial issuance of an enhanced driver’s license, provisional license, or identification card. (2) The department may require the submission of additional information to establish identity, residency, and citizenship. (3) The department shall deny an application of an enhanced driver’s license, provisional license, or identification card if the department is not satisfied with the genuineness, regularity, and legality of the application or supporting documentation or the truth of any statement contained in the application or supporting documentation, or for any other reason authorized by law. (d) The department shall retain copies or digital images of documents provided by the person pursuant to this chapter. (e) Notwithstanding subdivision (d), and except as required by other law, in the case of the denial of an application for the issuance of an enhanced driver’s license, provisional license, or identification card, the department shall retain the photograph of the applicant and the reason for denial for not less than one year, unless fraud is suspected, in which case the applicant’s photograph and the reason for denial shall be retained for not less than 10 years. (f) The photograph, signature, copies, and digital image of documents required pursuant to this section are exempt from public 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). (g) Except as required by federal law, information submitted by an applicant pursuant to this chapter shall not be disclosed to a foreign nation. 15403. (a) In addition to fees required pursuant to this division, a person requesting the initial issuance or renewal of an enhanced driver’s license, provisional license, or identification card shall submit an additional nonrefundable application fee with the application. The department shall set, by regulation, the application fee in an amount not to exceed the reasonable regulatory cost of issuing or renewing that license or identification card, or fifty-five dollars ($55), whichever is less. (b) Fees submitted shall be deposited into the Motor Vehicle Account, to be available, upon appropriation by the Legislature, to implement this chapter. 15404. The department shall submit an annual report in compliance with Section 9795 of the Government Code to the Assembly and Senate Committees on Judiciary, the Senate Committee on Transportation and Housing, and the Assembly Committee on Transportation. The report shall include, but not be limited to, information on the number of enhanced driver’s licenses, provisional licenses, and identification cards issued, the effect on wait times and traffic congestion at points of entry, and whether or not there have been any security or privacy breaches related to the use of the enhanced driver’s licenses, provisional licenses, and identification cards. Information from the federal government that is required to be reported pursuant to this section need only be reported to the extent the information is received from the federal government. SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 15402 to the Vehicle 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 need to protect individual privacy from the public disclosure of private information submitted by an applicant for an enhanced driver’s license, provisional license, or identification card outweighs the interest in the public disclosure of that information. 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 requires the Department of Motor Vehicles, upon proper application, to issue driver’s licenses and identification cards. The federal Western Hemisphere Travel Initiative facilitates travel within the western hemisphere by authorizing the use of enhanced driver’s licenses and identification cards meeting specified requirements as travel documents. This bill would authorize the Department of Motor Vehicles to enter into a memorandum of understanding with a federal agency for the purpose of facilitating travel within the western hemisphere pursuant to the federal Western Hemisphere Travel Initiative through the issuance of an enhanced driver’s license, provisional license, or identification card. The bill would authorize the department to issue or renew, upon request, an enhanced driver’s license, provisional license, or identification card for specified persons. The bill would require a person applying for the initial issuance or renewal of an enhanced driver’s license, provisional license, or identification card to submit, under the penalty of perjury, additional proof of identity, residency, and citizenship that satisfies the requirements of the federal Western Hemisphere Travel Initiative. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would require the department to provide a protective shield and to take other specified security measures for the enhanced driver’s license, provisional license, or identification card. The bill would also require the department to submit an annual report to specified committees of the Legislature on the implementation of the enhanced driver’s license, provisional license, and identification card. The bill would require a person applying for an enhanced driver’s license, provisional license, or identification card to submit an additional application fee. The bill would require the department to set, by regulation, the application fee in an amount not to exceed the reasonable regulatory cost of issuing or renewing the license or identification card, or $55, whichever is less, and to provide specified information to the applicant. The bill would require the fees to be deposited into the Motor Vehicle Account. The bill would, upon appropriation by the Legislature, require those fees to be expended by the department in implementing the above provisions. The bill would prohibit specified information submitted by an applicant for an enhanced driver’s license, provisional license, or identification card from being disclosed by the department, as specified. The bill would make all laws related to the privacy or security of a driver’s license, provisional license, or identification document, or a similar document, or regulating the use, access or sharing of information, applicable to enhanced driver’s licenses, provisional licenses, and identification cards. 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. 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.
An act to add Chapter 8 (commencing with Section 15400) to Division 6 of the Vehicle Code, relating to vehicles.
The people of the State of California do enact as follows: SECTION 1. Section 48412 of the Education Code is amended to read: 48412. (a) (1) A person 16 years of age or older, or who has been enrolled in the 10th grade for one academic year or longer, or who will complete one academic year of enrollment in the 10th grade at the end of the semester during which the next regular examination will be conducted, may have his or her proficiency in basic skills taught in public high schools verified according to criteria established by the State Department of Education. (2) The state board shall award a “certificate of proficiency” to persons who demonstrate that proficiency. The certificate of proficiency shall be equivalent to a high school diploma, and the department shall keep a permanent record of the issuance of all certificates. (b) (1) The department shall develop standards of competency in basic skills taught in public high schools and shall provide for the administration of examinations prepared by or with the approval of the department to verify competency. Regular examinations shall be held once in the fall semester and once in the spring semester of every academic year on a date, as determined by the department, that will enable notification of examinees and the schools they attend, if any, of the results thereof not later than two weeks prior to the date on which that semester ends in a majority of school districts that maintain high schools. (2) In addition to regular examinations, the department may, at the discretion of the Superintendent, conduct examinations for all eligible persons once during each summer recess and may conduct examinations at any other time that the Superintendent deems necessary to accommodate eligible persons whose religious convictions or physical handicaps prevent their attending one of the regular examinations. (c) (1) The department may charge a fee for each examination application in an amount sufficient to recover the costs of administering the requirements of this section. However, the fee shall not exceed an amount equal to the cost of test renewal and administration per examination application. All fees levied and collected pursuant to this section shall be deposited in the State Treasury for remittance to the current support appropriation of the department as reimbursement for costs of administering this section. Any reimbursements collected in excess of actual costs of administration of this section shall be transferred to the unappropriated surplus of the General Fund by order of the Director of Finance. (2) The department shall not charge the fee to an examinee who meets all of the following criteria: (A) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). (B) The examinee has not attained 25 years of age as of the date of the scheduled examination. (C) The examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this subparagraph. (3) For purposes of this subdivision, a “homeless services provider” includes either of the following: (A) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. (B) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department. (4) The loss of fees pursuant to paragraph (2), if any, shall be deemed to be a cost of administering this section for purposes of paragraph (1). (d) (1) The state board shall adopt rules and regulations as are necessary for implementation of this section. (2) Notwithstanding paragraph (1), the state board shall adopt emergency regulations, as necessary, to implement the provisions of subdivision (c), as amended by the act that added this paragraph. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. (e) The department shall periodically review the effectiveness of the examinations administered pursuant to this section. The costs of this review may be recovered through the fees levied pursuant to subdivision (c). (f) (1) On or before December 1, 2018, the Superintendent shall submit a report to the appropriate policy and fiscal committees of the Legislature that includes, but is not limited to, all of the following: (A) The number of homeless youth that took a high school proficiency test in each of the 2016, 2017, and 2018 calendar years. (B) The impact of the opportunity to take a high school proficiency test at no cost on the number and percentage of homeless youth taking a high school proficiency test. (C) The estimated number of homeless youth who may take a high school proficiency test in future years. (D) Recommendations for a permanent funding source to cover the cost of the waived fees. (E) The annual and projected administrative cost to the department. (F) The annual and projected reimbursement to contractors pursuant to this section. (2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code. (g) Additional state funds shall not be appropriated for purposes of implementing paragraph (2) of subdivision (c). SEC. 2. Section 51421 of the Education Code is amended to read: 51421. (a) The Superintendent may charge a one-time only fee, established by the state board, to be submitted by an examinee when registering for the test sufficient in an amount not greater than the amount required to pay the cost of administering this article, including costs related to subdivision (b), and for the cost of providing services related to the completion of the general educational development test. The amount of each fee may not exceed twenty dollars ($20) per person. (b) The examinee shall be responsible for submitting to the Superintendent both of the following requests: (1) A request for a duplicate copy of the high school equivalency certificate. (2) A request to forward a report of the results of a general educational development test to a postsecondary educational institution. SEC. 3. Section 51421.5 is added to the Education Code, to read: 51421.5. (a) If, for purposes of this article, a contractor or testing center charges an examinee its own separate fee, the contractor or testing center shall not charge that fee to an examinee who meets all of the following criteria: (1) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). (2) The examinee has not attained 25 years of age as of the date of the scheduled examination. (3) The examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this paragraph. (b) For purposes of this section, a “homeless services provider” includes either of the following: (1) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. (2) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department. (c) Additional state funds shall not be appropriated for purposes of implementing this section. (d) Notwithstanding subdivision (c), the Superintendent may use surplus funds in the Special Deposit Fund Account, established pursuant to Section 51427, to reimburse contractors for the loss of fees, if any, pursuant to this section. A contract executed by the department for the provision of examinations pursuant to Section 51421 or this section shall require that any contracting party accept all examinees, including those entitled to a fee waiver pursuant to this section. For purposes of this subdivision, “surplus funds” are funds remaining after the costs permitted by subdivision (a) of Section 51421 are paid. (e) On or before December 1, 2018, the Superintendent shall submit a report to the appropriate policy and fiscal committees of the Legislature that includes, but is not limited to, all of the following: (A) The number of homeless youth that took a high school equivalency test in each of the 2016, 2017, and 2018 calendar years. (B) The impact of the opportunity to take a high school equivalency test at no cost on the number and percentage of homeless youth taking a high school equivalency test. (C) The estimated number of homeless youth who may take a high school equivalency test in future years. (D) Recommendations for a permanent funding source to cover the cost of the waived fees. (E) The annual and projected administrative cost to the department. (F) The annual and projected reimbursement to the contractor pursuant to this section. (f) The Superintendent shall adopt emergency regulations, as necessary, to implement this section. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. (g) The department shall include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver pursuant to this section shall be absorbed by the contractor. (h) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2020, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 4. Section 51421.5 is added to the Education Code, to read: 51421.5. (a) If, for purposes of this article, a contractor or testing center charges an examinee its own separate fee, the contractor or testing center shall not charge that fee to an examinee who meets all of the following criteria: (1) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). (2) The examinee has not attained 25 years of age as of the date of the scheduled examination. (3) The examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this paragraph. (b) For purposes of this section, a “homeless services provider” includes either of the following: (1) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. (2) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department. (c) Additional state funds shall not be appropriated for purposes of implementing this section. (d) The Superintendent shall adopt emergency regulations, as necessary, to implement this section. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. (e) The department shall include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver pursuant to this section shall be absorbed by the contractor. (f) This section shall become operative on July 1, 2019.
(1) Existing law authorizes certain persons, including, among others, any person 16 years of age or older, to have his or her proficiency in basic skills taught in public high schools verified according to criteria established by the State Department of Education. Existing law requires the State Board of Education to award a certificate of proficiency to persons who demonstrate that proficiency. Existing law requires the department to develop standards of competency in basic skills taught in public high schools and to provide for the administration of examinations prepared by, or with the approval of, the department to verify competency. Existing law authorizes the department to charge a fee for each examination application in an amount sufficient to recover the costs of administering the requirements of these provisions, but prohibits the fee from exceeding an amount equal to the cost of test renewal and administration per examination application. This bill would prohibit the department from charging the fee to a homeless child or youth who is under 25 years of age and can verify his or her status as a homeless child or youth. The bill would authorize a homeless services provider, as defined, that has knowledge of the examinee’s housing status to verify the examinee’s status for purposes of these provisions. The bill would provide that no additional state funds shall be appropriated for purposes of implementing the above provisions. The bill would authorize the state board to adopt emergency regulations for purposes of these provisions. (2) Existing law separately requires the Superintendent of Public Instruction to issue a high school equivalency certificate and an official score report, or an official score report only, to a person who has not completed high school and who meets specified requirements, including, among others, having taken all or a portion of a general education development test that has been approved by the state board and administered by a testing center approved by the department, with a score determined by the state board to be equal to the standard of performance expected from high school graduates. Existing law authorizes the Superintendent to charge an examinee a one-time fee to pay costs related to administering these provisions and issuing a certificate, as specified. Existing law limits the amount of the fee to $20 per person and requires each scoring contractor to forward that fee to the Superintendent. This bill would, for purposes of those provisions, prohibit a contractor or testing center that charges its own separate fee from charging that separate fee to a homeless child or youth who is under 25 years of age and can verify his or her status as a homeless child or youth. The bill would authorize a homeless services provider, as defined, that has knowledge of the examinee’s housing status to verify the examinee’s status for purposes of these provisions. The bill would provide that no additional state funds shall be appropriated for purposes of implementing these provisions, and would authorize the Superintendent to adopt emergency regulations for purposes of these provisions. (3) Existing law establishes in the State Treasury a Special Deposit Fund Account, which consists of certain fees, and is continuously appropriated for the support of the department to be used for purposes of the provisions above relating to high school equivalency tests. This bill would authorize the Superintendent, until July 1, 2019, to use surplus funds, as defined, in the Special Deposit Fund Account to reimburse contractors for the loss of fees, if any, pursuant to provisions above relating to high school equivalency tests. By authorizing the expenditure of money in a continuously appropriated fund for a new purpose, this bill would make an appropriation. The bill would require a contract executed by the department for the provision of those tests to require a contracting party to accept all examinees, including those entitled to a fee waiver pursuant to those provisions. The bill also would require the department to include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver shall be absorbed by the contractor. (4) This bill also would require the department, on or before December 1, 2018, to submit 2 reports to the appropriate policy and fiscal committees of the Legislature, one relating to high school proficiency tests, and one relating to high school equivalency tests, that each include, among other things, the number of homeless youth that took a high school proficiency or equivalency test in each of the 2016, 2017, and 2018 calendar years, and the impact of the opportunity to take a high school proficiency or equivalency test at no cost on the number and percentage of homeless youth taking a high school proficiency or equivalency test.
An act to amend Sections 48412 and 51421 of, and to add and repeal Section 51421.5 to, the Education Code, relating to pupils, and making an appropriation therefor.
The people of the State of California do enact as follows: SECTION 1. This act shall be known and may be cited as the Overturn Citizens United Act. SEC. 2. The Legislature finds and declares all of the following: (a) The United States Constitution and the Bill of Rights are intended to protect the rights of individual human beings. (b) Corporations are not mentioned in the United States Constitution, nor have we decreed that corporations have rights separate from “We the People.” (c) In Connecticut General Life Insurance Company v. Johnson (1938) 303 U.S. 77, United States Supreme Court Justice Hugo Black stated in his dissent, “I do not believe the word ‘person’ in the Fourteenth Amendment includes corporations.” (d) In Austin v. Michigan Chamber of Commerce (1990) 494 U.S. 652, the United States Supreme Court recognized the threat to a republican form of government posed by “the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form and that have little or no correlation to the public’s support for the corporation’s political ideas.” (e) In Citizens United v. Federal Election Commission (2010) 558 U.S. 310, the United States Supreme Court struck down limits on electioneering communications that were upheld in McConnell v. Federal Election Commission (2003) 540 U.S. 93 and Austin v. Michigan Chamber of Commerce. This decision presents a serious threat to self-government by rolling back previous bans on corporate spending in the electoral process and allows unlimited corporate spending to influence elections, candidate selection, policy decisions, and public debate. (f) In Citizens United v. Federal Election Commission, Justices John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor noted in their dissent that corporations have special advantages not enjoyed by natural persons, such as limited liability, perpetual life, and favorable treatment of the accumulation and distribution of assets, that allow them to spend huge sums on campaign messages that have little or no correlation with the beliefs held by natural persons. (g) Corporations have used the artificial rights bestowed on them by the courts to overturn democratically enacted laws that municipal, state, and federal governments passed to curb corporate abuses, thereby impairing local governments’ ability to protect their citizens against corporate harms to the environment, consumers, workers, independent businesses, and local and regional economies. (h) In Buckley v. Valeo (1976) 424 U.S. 1, the United States Supreme Court held that the appearance of corruption justified some contribution limitations, but it wrongly rejected other fundamental interests that the citizens of California find compelling, such as creating a level playing field and ensuring that all citizens, regardless of wealth, have an opportunity to have their political views heard. (i) In First National Bank of Boston v. Bellotti (1978) 435 U.S. 765 and Citizens Against Rent Control/Coalition for Fair Housing v. City of Berkeley (1981) 454 U.S. 290, the United States Supreme Court rejected limits on contributions to ballot measure campaigns because it concluded that these contributions posed no threat of candidate corruption. (j) In Nixon v. Shrink Missouri Government PAC (2000) 528 U.S. 377, United States Supreme Court Justice John Paul Stevens observed in his concurrence that “money is property; it is not speech.” (k) A February 2010 Washington Post-ABC News poll found that 80 percent of Americans oppose the ruling in Citizens United. (l) Article V of the United States Constitution empowers and obligates the people of the United States of America to use the constitutional amendment process to correct those egregiously wrong decisions of the United States Supreme Court that go to the heart of our democracy and the republican form of self-government. (m) Article I of the California Constitution guarantees the right of the people to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good. (n) The people of California and of the United States have previously used ballot measures as a way of instructing their elected representatives about the express actions they want to see them take on their behalf, including provisions to amend the United States Constitution. (o) California’s United States Senators and Representatives would benefit from having instructions from California voters about the United States Supreme Court’s ruling in Citizens United and other judicial precedents in taking congressional action. SEC. 3. A special election is hereby called to be held throughout the state on November 8, 2016. The special election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used. SEC. 4. (a) Notwithstanding Section 9040 of the Elections Code, the Secretary of State shall submit the following voter instruction to the voters at the November 8, 2016, consolidated election: “Shall California’s elected officials use all of their constitutional authority, including, but not limited to, proposing and ratifying one or more amendments to the United States Constitution, to overturn Citizens United v. Federal Election Commission (2010) 558 U.S. 310, and other applicable judicial precedents, to allow the full regulation or limitation of campaign contributions and spending, to ensure that all citizens, regardless of wealth, may express their views to one another, and to make clear that corporations should not have the same constitutional rights as human beings?” (b) Upon certification of the election, the Secretary of State shall communicate to the Congress of the United States the results of the election asking the question set forth in subdivision (a). (c) The provisions of the Elections Code that apply to the preparation of ballot measures and ballot materials at a statewide election apply to the measure submitted pursuant to this section. SEC. 5. (a) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code or any other law, the Secretary of State shall submit Section 4 of this act to the voters at the November 8, 2016, statewide general election. (b) Notwithstanding Section 13115 of the Elections Code, Section 4 of this act and any other measure placed on the ballot by the Legislature for the November 8, 2016, statewide general election after the 131-day deadline set forth in Section 9040 of the Elections Code shall be placed on the ballot, following all other ballot measures, in the order in which they qualified as determined by chapter number. (c) The Secretary of State shall include, in the ballot pamphlets mailed pursuant to Section 9094 of the Elections Code, the information specified in Section 9084 of the Elections Code regarding the ballot measure contained in Section 4 of this act. SEC. 6. If the Secretary of State is prohibited from complying with Sections 4 and 5 of this act until after November 8, 2016, by court order pending resolution of an unsuccessful legal challenge to the validity of this act, then the Secretary of State shall submit Section 4 of this act to the voters at the next occurring election. SEC. 7. This act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect.
This bill would call a special election to be consolidated with the November 8, 2016, statewide general election. The bill would require the Secretary of State to submit to the voters at the November 8, 2016, consolidated election a voter instruction asking whether California’s elected officials should use all of their constitutional authority, including proposing and ratifying one or more amendments to the United States Constitution, to overturn Citizens United v. Federal Election Commission (2010) 558 U.S. 310, and other applicable judicial precedents, as specified. The bill would require the Secretary of State to communicate the results of this election to the Congress of the United States. The bill would require the Secretary of State, if prohibited by court order from submitting the voter instruction to the voters at the November 8, 2016, statewide general election, as specified, to submit the voter instruction to the voters at the next occurring election. This bill would declare that it is to take effect immediately as an act calling an election.
An act to submit to the voters a voter instruction relating to campaign finance, calling an election, to take effect immediately.
The people of the State of California do enact as follows: SECTION 1. Section 10820 of the Corporations Code is amended to read: 10820. (a) “Health care service plan,” as used in this section means a corporation that is a health care service plan defined in the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code), other than a corporation that is exempted from that act by subdivision (c) of Section 1343 of the Health and Safety Code. (b) A health care service plan may be formed under or subject to Part 2 (commencing with Section 5110) of this division or Part 3 (commencing with Section 7110) of this division. SEC. 2. Section 1343 of the Health and Safety Code is amended to read: 1343. (a) This chapter shall apply to health care service plans and specialized health care service plan contracts as defined in subdivisions (f) and (o) of Section 1345. (b) The director may by the adoption of rules or the issuance of orders deemed necessary and appropriate, either unconditionally or upon specified terms and conditions or for specified periods, exempt from this chapter any class of persons or plan contracts if the director finds the action to be in the public interest and not detrimental to the protection of subscribers, enrollees, or persons regulated under this chapter, and that the regulation of the persons or plan contracts is not essential to the purposes of this chapter. (c) Upon the request of the Director of Health Care Services, the director may exempt from this chapter any mental health plan contractor or any capitated rate contract under Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of the Welfare and Institutions Code. Those exemptions may be subject to conditions the Director of Health Care Services deems appropriate. (d) This chapter shall not apply to: (1) A person organized and operating pursuant to a certificate issued by the Insurance Commissioner unless the entity is directly providing the health care service through those entity-owned or contracting health facilities and providers, in which case this chapter shall apply to the insurer’s plan and to the insurer. (2) A plan directly operated by a bona fide public or private institution of higher learning which directly provides health care services only to its students, faculty, staff, administration, and their respective dependents. (3) A person who does all of the following: (A) Promises to provide care for life or for more than one year in return for a transfer of consideration from, or on behalf of, a person 60 years of age or older. (B) Has obtained a written license pursuant to Chapter 2 (commencing with Section 1250) or Chapter 3.2 (commencing with Section 1569). (C) Has obtained a certificate of authority from the State Department of Social Services. (4) The Major Risk Medical Insurance Board when engaging in activities under Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of the Insurance Code, Part 6.3 (commencing with Section 12695) of Division 2 of the Insurance Code, and Part 6.5 (commencing with Section 12700) of Division 2 of the Insurance Code. (5) The California Small Group Reinsurance Fund. SEC. 3. Section 101750.5 of the Health and Safety Code is amended to read: 101750.5. For the purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, the authority shall be considered a public entity separate from the county or counties and shall file the statement required by Section 53051 of the Government Code. SEC. 4. Section 14087.95 of the Welfare and Institutions Code is repealed. SEC. 5. Section 14087.95 is added to the Welfare and Institutions Code, to read: 14087.95. A (a) Subject to subdivision (b), a county contracting with the department pursuant to this article shall be deemed to be a health care service plan, as defined in Section 1345 of the Health and Safety Code, and shall be subject to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) for the purpose of carrying out those contracts, unless the act expressly provides otherwise. (b) (1) A county organized health system under subdivision (a) that holds a license under the Knox-Keene Health Care Service Plan Act of 1975 on December 31, 2015, to provide the product described in subdivision (a), shall be subject to this section on and after January 1, 2016. (2) A county organized health system under subdivision (a) that holds a license under the Knox-Keene Health Care Service Plan Act of 1975 on December 31, 2015, for any product not described in subdivision (a) that is subject to the act, shall be subject to this section on and after January 1, 2017. (3) A county organized health system under subdivision (a) that does not hold a license under the Knox-Keene Health Care Service Plan Act of 1975 on December 31, 2015, to provide the product described in subdivision (a) or any other product that is subject to the act, shall be subject to this section on and after July 1, 2017. SEC. 6. Section 14499.5 of the Welfare and Institutions Code is amended to read: 14499.5. (a) (1) In carrying out the intent of this article, the director shall contract for the operation of one local pilot program. Special consideration shall be given to approving a program contracted through county government in Santa Barbara County. (2) Notwithstanding the limitations contained in Section 14490, the director may enter into, or extend, contracts with the local pilot program in Santa Barbara County pursuant to paragraph (1) for periods that do not exceed three years. (b) The establishment of a pilot program pursuant to this section shall be contingent upon the availability of state and federal funding. The program shall include the following components: (1) Local authority for administration, fiscal management, and delivery of services, but not including eligibility determination. (2) Physician case management. (3) Cost containment through provider incentives and other means. (c) The program for the pilot project shall include a plan and budget for delivery of services, administration, and evaluation. During the first year of the pilot program, the amount of the state contract shall equal 95 percent of total projected Medi-Cal expenditures for delivery of services and for administration based on fee-for-service conditions in the program county. During the remaining years of the pilot project Medi-Cal expenditures in the program county shall be no more than 100 percent of total projected expenditures for delivery of services and for administration based on any combination of the following paragraphs: (1) Relevant prior fee-for-service Medi-Cal experience in the program county. (2) The fee-for-service Medi-Cal experience in comparable counties or groups of counties. (3) Medi-Cal experience of the pilot project in the program county if, as determined by the department, the scope, level, and duration of, and expenditures for, any services used in setting the rates under this paragraph would be comparable to fee-for-service conditions were they to exist in the program county and would be more actuarially reliable for use in ratesetting than data available for use in applying paragraph (1) or (2). The projected total expenditure shall be determined annually according to an acceptable actuarial process. The data elements used by the department shall be shared with the proposed contractor. (d) The director shall accept or reject the proposal within 30 days after the date of receipt. If a decision is made to reject the proposal, the director shall set forth the reasons for this decision in writing. Upon approval of the proposal, a contract shall be written within 60 days. After signature by the local contractor, the State Department of Health Care Services and the Department of General Services shall execute the contract within 60 days. (e) The director shall seek the necessary state and federal waivers to enable operation of the program. If the federal waivers for delivery of services under this plan are not granted, the department is under no obligation to contract for implementation of the program. (f) Dental services may be included within the services provided in this pilot program. (g) Any federal demonstration funding for this pilot program shall be made available to the county within 60 days upon notification of the award without the state retaining any portion not previously specified in the grant application as submitted. (h) (1) (A) The department may negotiate exclusive contracts and rates with the Santa Barbara Regional Health Authority in the implementation of this section. (B) Contracts entered into under this article may be on a noncompetitive bid basis and shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. (C) The department shall enter into contracts pursuant to this article, and shall be bound by the terms and conditions related to the rates negotiated by the negotiator. (2) The department shall implement this subdivision to the extent that the following apply: (A) Its implementation does not revise the status of the pilot program as a federal demonstration project. (B) Existing federal waivers apply to the pilot program as revised by this subdivision, or the federal government extends the applicability of the existing federal waivers or authorizes additional federal waivers for the implementation of the program. (3) The implementation of this subdivision shall not affect the pilot program’s having met any of the requirements of Part 3.5 (commencing with Section 1175) of Division 1 of the Health and Safety Code and this division applicable to the pilot program with respect to the negotiations of contracts and rates by the department. SEC. 7. 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 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. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. One method by which these services are provided is pursuant to contracts with various types of managed care health plans, including through a county organized health system. Existing law, the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene), 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 the California Medical Assistance Commission with the authority to negotiate exclusive contracts with county organized health systems to provide health care services under the Medi-Cal program. Under existing law, the contracting counties are exempt from Knox-Keene for purposes of carrying out those contracts. This bill would repeal that exemption and deleted delete related exemptions, deem a county contracting with the department under the provisions described above to be a health care service plan, plan as of specified dates, and subject contracting counties to the act for purposes of carrying out those contracts, unless the act expressly provides otherwise. The bill would make conforming changes. Because a willful violation of Knox-Keene is 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.
An act to amend Section 10820 of the Corporations Code, to amend Sections 1343 and 101750.5 of the Health and Safety Code, and to amend Section 14499.5 of, and to repeal and add Section 14087.95 of, the Welfare and Institutions Code, relating to Medi-Cal.
The people of the State of California do enact as follows: SECTION 1. Section 3051 of the Penal Code is amended to read: 3051. (a) (1) A youth offender parole hearing is a hearing by the Board of Parole Hearings for the purpose of reviewing the parole suitability of any prisoner who was under 23 years of age at the time of his or her controlling offense. (2) For the purposes of this section, the following definitions shall apply: (A) “Incarceration” means detention in a city or county jail, a local juvenile facility, a mental health facility, a Division of Juvenile Justice facility, or a Department of Corrections and Rehabilitation facility. (B) “Controlling offense” means the offense or enhancement for which any sentencing court imposed the longest term of imprisonment. (b) (1) A person who was convicted of a controlling offense that was committed before the person had attained 23 years of age and for which the sentence is a determinate sentence shall be eligible for release on parole at a youth offender parole hearing by the board during his or her 15th year of incarceration, unless previously released pursuant to other statutory provisions. (2) A person who was convicted of a controlling offense that was committed before the person had attained 23 years of age and for which the sentence is a life term of less than 25 years to life shall be eligible for release on parole by the board during his or her 20th year of incarceration at a youth offender parole hearing, unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions. (3) A person who was convicted of a controlling offense that was committed before the person had attained 23 years of age and for which the sentence is a life term of 25 years to life shall be eligible for release on parole by the board during his or her 25th year of incarceration at a youth offender parole hearing, unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions. (c) An individual subject to this section shall meet with the board pursuant to subdivision (a) of Section 3041. (d) The board shall conduct a youth offender parole hearing to consider release. At the youth offender parole hearing, the board shall release the individual on parole as provided in Section 3041, except that the board shall act in accordance with subdivision (c) of Section 4801. (e) The youth offender parole hearing to consider release shall provide for a meaningful opportunity to obtain release. The board shall review and, as necessary, revise existing regulations and adopt new regulations regarding determinations of suitability made pursuant to this section, subdivision (c) of Section 4801, and other related topics, consistent with relevant case law, in order to provide that meaningful opportunity for release. (f) (1) In assessing growth and maturity, psychological evaluations and risk assessment instruments, if used by the board, shall be administered by licensed psychologists employed by the board and shall take into consideration the diminished culpability of juveniles as compared to that of adults, the hallmark features of youth, and any subsequent growth and increased maturity of the individual. (2) Family members, friends, school personnel, faith leaders, and representatives from community-based organizations with knowledge about the individual before the crime or his or her growth and maturity since the time of the crime may submit statements for review by the board. (3) Nothing in this section is intended to alter the rights of victims at parole hearings. (g) If parole is not granted, the board shall set the time for a subsequent youth offender parole hearing in accordance with paragraph (3) of subdivision (b) of Section 3041.5. In exercising its discretion pursuant to paragraph (4) of subdivision (b) and subdivision (d) of Section 3041.5, the board shall consider the factors in subdivision (c) of Section 4801. No subsequent youth offender parole hearing shall be necessary if the offender is released pursuant to other statutory provisions prior to the date of the subsequent hearing. (h) This section shall not apply to cases in which sentencing occurs pursuant to Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667, or Section 667.61, or in which an individual was sentenced to life in prison without the possibility of parole. This section shall not apply to an individual to whom this section would otherwise apply, but who, subsequent to attaining 23 years of age, commits an additional crime for which malice aforethought is a necessary element of the crime or for which the individual is sentenced to life in prison. (i) (1) The board shall complete all youth offender parole hearings for individuals who became entitled to have their parole suitability considered at a youth offender parole hearing prior to the effective date of the act that added paragraph (2) by July 1, 2015. (2) (A) The board shall complete all youth offender parole hearings for individuals who were sentenced to indeterminate life terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the act that added this paragraph by July 1, 2017. (B) The board shall complete all youth offender parole hearings for individuals who were sentenced to determinate terms and who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the act that added this paragraph by July 1, 2021. The board shall, for all individuals described in this subparagraph, conduct the consultation described in subdivision (a) of Section 3041 before July 1, 2017. SEC. 2. Section 4801 of the Penal Code is amended to read: 4801. (a) The Board of Parole Hearings may report to the Governor, from time to time, the names of any and all persons imprisoned in any state prison who, in its judgment, ought to have a commutation of sentence or be pardoned and set at liberty on account of good conduct, or unusual term of sentence, or any other cause, including evidence of intimate partner battering and its effects. For purposes of this section, “intimate partner battering and its effects” may include evidence of the nature and effects of physical, emotional, or mental abuse upon the beliefs, perceptions, or behavior of victims of domestic violence if it appears the criminal behavior was the result of that victimization. (b) (1) The board, in reviewing a prisoner’s suitability for parole pursuant to Section 3041.5, shall give great weight to any information or evidence that, at the time of the commission of the crime, the prisoner had experienced intimate partner battering, but was convicted of an offense that occurred prior to August 29, 1996. The board shall state on the record the information or evidence that it considered pursuant to this subdivision, and the reasons for the parole decision. The board shall annually report to the Legislature and the Governor on the cases the board considered pursuant to this subdivision during the previous year, including the board’s decisions and the specific and detailed findings of its investigations of these cases. (2) The report for the Legislature to be submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795 of the Government Code. (3) The fact that a prisoner has presented evidence of intimate partner battering cannot be used to support a finding that the prisoner lacks insight into his or her crime and its causes. (c) When a prisoner committed his or her controlling offense, as defined in subdivision (a) of Section 3051, prior to attaining 23 years of age, the board, in reviewing a prisoner’s suitability for parole pursuant to Section 3041.5, shall give great weight to the diminished culpability of juveniles as compared to adults, the hallmark features of youth, and any subsequent growth and increased maturity of the prisoner in accordance with relevant case law.
Existing law generally requires the Board of Parole Hearings to conduct youth offender parole hearings to consider the release of offenders who committed specified crimes when they were under 18 years of age and who were sentenced to state prison. This bill would instead require the Board of Parole Hearings to conduct a youth offender parole hearing for offenders sentenced to state prison who committed those specified crimes when they were under 23 years of age. The bill would require the board to complete, by July 1, 2017, all youth offender parole hearings for individuals who were sentenced to indeterminate life terms who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the bill. The bill would require the board to complete all youth offender parole hearings for individuals who were sentenced to determinate terms who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the bill by July 1, 2021, and would require the board, for these individuals, to conduct a specified consultation before July 1, 2017.
An act to amend Sections 3051 and 4801 of the Penal Code, relating to parole.
The people of the State of California do enact as follows: SECTION 1. Section 273.6 of the Penal Code is amended to read: 273.6. (a) Any intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (b) In the event of a violation of subdivision (a) that results in physical inj">(2) An order excluding one party from the family dwelling or from the dwelling of the other. (3) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the order described in subdivision (a). (4) Any order issued by another state that is recognized under Part 5 (commencing with Section 6400) of Division 10 of the Family Code. (d) A subsequent conviction for a violation of an order described in subdivision (a), occurring within seven years of a prior conviction for a violation of an order described in subdivision (a) and involving an act of violence or “a credible threat” of violence, as defined in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170. (e) In the event of a subsequent conviction for a violation of an order described in subdivision (a) for an act occurring within one year of a prior conviction for a violation of an order described in subdivision (a) that results in physical injury to a victim, the person shall be punished by a fine of not more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than six months nor more than one year, by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. However, if the person is imprisoned in a county jail for at least 30 days, the court may, in the interest of justice and for reasons stated in the record, reduce or eliminate the six-month minimum imprisonment required by this subdivision. In determining whether to reduce or eliminate the minimum imprisonment pursuant to this subdivision, the court shall consider the seriousness of the facts before the court, whether there are additional allegations of a violation of the order during the pendency of the case before the court, the probability of future violations, the safety of the victim, and whether the defendant has successfully completed or is making progress with counseling. (f) The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders described in subdivisions (a), (b), (d), and (e). (g) (1) Every person who owns, possesses, purchases, or receives a firearm knowing he or she is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, shall be punished under Section 29825. (2) Every person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (f) of Section 527.9 of the Code of Civil Procedure, or subdivision (h) of Section 6389 of the Family Code. (h) If probation is granted upon conviction of a violation of subdivision (a), (b), (c), (d), or (e), the court shall impose probation consistent with Section 1203.097, and the conditions of probation may include, in lieu of a fine, one or both of the following requirements: (1) That the defendant make payments to a battered women’s shelter or to a shelter for abused elder persons or dependent adults, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097. (2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. (i) For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under subdivision (e), the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. (j) (1) This subdivision applies to a person who is both of the following: (A) The person is subject to a protective order, as defined in Section 6218 of the Family Code, or a protective order issued pursuant to this code, Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code. (B) The person is prohibited by the protective order described in subparagraph (A) from coming within a specified distance of another person. (2) A person described in paragraph (1) shall not do either of the following: (A) Operate an unmanned aircraft system in a way that causes an unmanned aircraft to fly within the prohibited distance of the other person. (B) Capture images of the other person by using an unmanned aircraft system. (3) A violation of paragraph (2) shall be a violation of the protective order. (4) For purposes of this subdivision, the following definitions apply: (A) “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. (B) “Unmanned aircraft system” means an unmanned aircraft and associated elements, including, but not limited to, communication links and the components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system. 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. SECTION 1. Section 4210 of the Public Resources Code is amended to read: 4210. The Legislature finds and declares all of the following: (a)Fire protection of the public trust resources on lands in the state responsibility areas remains a vital interest to California. Lands that are covered in whole or in part by a diverse plant community prevent excessive erosion, retard runoff, reduce sedimentation, and accelerate water percolation to assist in the maintenance of critical sources of water for environmental, irrigation, domestic, or industrial uses. (b)The presence of structures within state responsibility areas can pose an increased risk of fire ignition and an increased potential for fire damage within the state’s wildlands and watersheds. The presence of structures within state responsibility areas can also impair wildland firefighting techniques and could result in greater damage to state lands caused by wildfires. (c)The costs of fire prevention activities aimed at reducing the effects of structures in state responsibility areas should be borne by the owners of the structures. (d)Individual owners of structures within state responsibility areas receive a disproportionately larger benefit from fire prevention activities than that realized by the state’s citizens generally. (e)It is the intent of the Legislature that the economic burden of fire prevention activities that are associated with structures in state responsibility areas shall be equitably distributed among the citizens of the state who generally benefit from those activities and those owners of structures in the state responsibility areas who receive a specific benefit other than that general benefit. (f)It is necessary to impose a fire prevention fee to pay for fire prevention activities in the state responsibility areas that specifically benefit owners of structures in the state responsibility areas.
Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil unmanned aircraft systems, commonly known as drones, into the national airspace system by September 30, 2015. Existing federal law requires the Administrator of the Federal Aviation Administration to develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system by December 31, 2015. Existing state law generally authorizes a court to issue an order for the protection of certain persons, including, among others, the victims of domestic violence, elder and dependent adult abuse, workplace violence, and civil harassment. Under existing law, an intentional and knowing violation of those types of protective orders is a misdemeanor. If the violation results in physical injury, or occurs within specified time periods of a previous violation, existing law imposes additional penalties. Existing law also makes the crime of stalking another person, as defined, punishable as a misdemeanor or felony. Existing law makes it a felony to commit that offense when there is a temporary restraining order, injunction, or any other court order in effect prohibiting the behavior. This bill would specifically prohibit a person subject to certain protective orders, when the person is prohibited by the protective order from coming within a specified distance of another person, from operating an unmanned aircraft system in a way that causes an unmanned aircraft, as those terms are defined, to fly within the prohibited distance of the other person, or from capturing images of the other person by using an unmanned aircraft system. By creating a new 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. Existing law makes certain findings and declarations regarding fire protection of the public trust resources on lands in state responsibility areas, including that the costs of fire prevention activities aimed at reducing the effects of structures in state responsibility areas should be borne by the owners of the structures. This bill would make nonsubstantive changes to this law.
An act to amend Section 4210 273.6 of the Public Resources Penal Code, relating to fire prevention. protective orders.
The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) New information technology has dramatically changed the way people search for and expect to find information in California. (b) This technology has unlocked great potential for government to better serve the people it represents. A recent study estimated that digitizing government data could generate one trillion dollars in economic value worldwide through cost savings and improved operational performance. (c) California plays a vitally important role in moving our nation forward in the world of technology. Just as the state’s thriving tech industry surges ahead in setting new standards for society, so too must California. (d) As several nations, states, and cities have begun to embrace policies of online access to public sector data, they have enjoyed the benefits of increased operational efficiency and better collaboration. Here in California, cities across the state are turning internally gathered and maintained data into usable information for the public to access and leverage for the benefit of their communities. (e) In moving government to a more effective digital future, standards should be adopted to ensure that data collection and publication are standardized, including uniform definitions for machine-readable data. Online portals should also be developed to assist with public access to collected data. (f) With a public sector committed to success in the digital age, the residents and businesses of California will stand to benefit from the greater collaboration and integration, improved accountability, and increased productivity that will result. (g) In making California government more accessible to the people of the state, paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution requires local governments to comply with the California Public Records Act and with any subsequent statutory enactment amending that act and furthering that purpose. SEC. 2. Section 6270.5 is added to the Government Code, to read: 6270.5. (a) In implementing this chapter, each local agency, except a local educational agency, shall create a catalog of enterprise systems. The catalog shall be made publicly available upon request in the office of the person or officer designated by the agency’s legislative body. The catalog shall be posted in a prominent location on the local agency’s Internet Web site, if the agency has an Internet Web site. The catalog shall disclose a list of the enterprise systems utilized by the agency and, for each system, shall also disclose all of the following: (1) Current system vendor. (2) Current system product. (3) A brief statement of the system’s purpose. (4) A general description of categories or types of data. (5) The department that serves as the system’s primary custodian. (6) How frequently system data is collected. (7) How frequently system data is updated. (b) This section shall not be interpreted to limit a person’s right to inspect public records pursuant to this chapter. (c) For purposes of this section: (1) “Enterprise system” means a software application or computer system that collects, stores, exchanges, and analyzes information that the agency uses that is both of the following: (A) A multidepartmental system or a system that contains information collected about the public. (B) A system of record. (2) “System of record” means a system that serves as an original source of data within an agency. (3) An enterprise system shall not include any of the following: (A) Information technology security systems, including firewalls and other cybersecurity systems. (B) Physical access control systems, employee identification management systems, video monitoring, and other physical control systems. (C) Infrastructure and mechanical control systems, including those that control or manage street lights, electrical, natural gas, or water or sewer functions. (D) Systems related to 911 dispatch and operation or emergency services. (E) Systems that would be restricted from disclosure pursuant to Section 6254.19. (F) The specific records that the information technology system collects, stores, exchanges, or analyzes. (d) Nothing in this section shall be construed to permit public access to records held by an agency to which access is otherwise restricted by statute or to alter the process for requesting public records, as set forth in this chapter. (e) If, on the facts of the particular case, the public interest served by not disclosing the information described in paragraph (1) or (2) of subdivision (a) clearly outweighs the public interest served by disclosure of the record, the local agency may instead provide a system name, brief title, or identifier of the system. (f) The local agency shall complete and post the catalog required by this section by July 1, 2016, and thereafter shall update the catalog annually. SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 6270.5 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: Because increased information about what data is collected by local agencies could be leveraged by the public to more efficiently access and better use that information, the act furthers the purpose of Section 3 of Article I of the California Constitution. SEC. 4. The Legislature finds and declares that Section 2 of this act limits the public’s right of access to public documents within the meaning of paragraph (2) of subdivision (b) 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 and the need for protecting that interest: (a) The interest protected by this limitation is the security of enterprise systems in public agencies. (b) The need for protecting that interest is that enterprise systems can contain information that, if released to the public, could result in negative consequences. 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 under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
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. This bill would require each local agency, except a local educational agency, in implementing the California Public Records Act, to create a catalog of enterprise systems, as defined, to make the catalog publicly available upon request in the office of the person or officer designated by the agency’s legislative body, and to post the catalog on the local agency’s Internet Web site. The bill would require the catalog to disclose a list of the enterprise systems utilized by the agency, and, among other things, the current system vendor and product, unless, on the facts of the particular case, the public interest served by not disclosing that information clearly outweighs the public interest served by disclosure, in which case the local agency may instead provide a system name, brief title, or identifier of the system. Because the bill would require local agencies to perform additional duties, it would impose a state-mandated local program. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers this purpose. This bill would make legislative findings to that effect. Existing constitutional provisions require a statute that limits the right of public access to meetings or writings of public officials to be adopted with findings demonstrating the interest to be protected by that limitation and the need to protect that interest. This bill would declare that it includes limitations on access, that the interest to be protected is the security of enterprise systems in public agencies, and that the need to protect that interest is that enterprise systems can contain information that, if released to the public, could result in negative consequences. 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.
An act to add Section 6270.5 to the Government Code, relating to public records.
The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Local educational agencies (LEA) must have an approved provider participant agreement with the State Department of Health Care Services through the federal Centers for Medicare and Medicaid Services to be eligible to provide services. To participate in the LEA Medi-Cal billing option program, LEAs must reinvest the federal reimbursement they receive under this program in health and social services for children and families, and develop and maintain a collaborative committee to assist them in decisions regarding the reinvestment of federal reimbursements. The providers and supervisors of staff for the assessment and medically necessary health services are those qualified medical practitioners the LEA employs or contracts with to render certain health services. (b) The LEA billing option facilitates reinvestment in health and social services for students and their families so that schools can foster access to and provide comprehensive health services to eligible Medi-Cal students. (c) The funds are reimbursement for olled on or after January 1, 1993, to provide services pursuant to this section may bill for those services provided on or after January 1, 1993. (c) Nothing in this section shall be interpreted to expand the current category of professional health care practitioners permitted to directly bill the Medi-Cal program. (d) Nothing in this section is intended to increase the scope of practice of any health professional providing services under this section or Medi-Cal requirements for physician prescription, order, and supervision. (e) (1) For the purposes of this section, the local educational agency, as a condition of enrollment to provide services under this section, shall be considered the provider of services. A local educational agency provider, as a condition of enrollment to provide services under this section, shall enter into, and maintain, a contract with the department in accordance with guidelines contained in regulations adopted by the director and published in Title 22 of the California Code of Regulations. (2) Notwithstanding paragraph (1), a local educational agency providing services pursuant to this section shall utilize current safety net and traditional health care providers, when those providers are accessible to specific schoolsites identified by the local educational agency to participate in this program, rather than adding duplicate capacity. (f) For the purposes of this section, covered services may include all of the following local educational agency services: (1) Health and mental health evaluations and health and mental health education. (2) Medical transportation. (A) The following provisions shall not apply to medical transportation eligible to be billed under this section: (i) Section 51323(a)(2)(A) of Title 22 of the California Code of Regulations. (ii) Section 51323(a)(3)(B) of Title 22 of the California Code of Regulations. (iii) For students whose medical or physical condition does not require the use of a gurney, Section 51231.1(f) of Title 22 of the California Code of Regulations. (iv) For students whose medical or physical condition does not require the use of a wheelchair, Section 51231.2(e) of Title 22 of the California Code of Regulations. (B) (i) Subparagraph (A) shall become inoperative on January 1, 2018, or on the date the director executes a declaration stating that the regulations implementing subparagraph (A) and Section 14118.5 have been updated, whichever is later. (ii) The department shall post the declaration executed under clause (i) on its Internet Web site and transmit a copy of the declaration to the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review and the LEA Ad Hoc Workgroup. (iii) If subparagraph (A) becomes inoperative on January 1, 2018, subparagraph (A) and this subparagraph shall be inoperative on January 1, 2018, unless a later enacted statute enacted before that date, deletes or extends that date. (iv) If subparagraph (A) becomes inoperative on the date the director executes a declaration as described in clause (i), subparagraph (A) and this subparagraph shall be inoperative on the January 1 immediately following the date subparagraph (A) becomes inoperative, unless a later enacted statute enacted before that date, deletes or extends that date. (3) Nursing services. (4) Occupational therapy. (5) Physical therapy. (6) Physician services. (7) Mental health and counseling services. (8) School health aide services. (9) Speech pathology services. These services may be provided by either of the following: (A) A licensed speech pathologist. (B) A credentialed speech-language pathologist, to the extent authorized by Chapter 5.3 (commencing with Section 2530) of Division 2 of the Business and Professions Code. (10) Audiology services. (11) Targeted case management services for children regardless of whether the child has an individualized education plan (IEP) or an individualized family service plan (IFSP). (g) Local educational agencies may, but need not, provide any or all of the services specified in subdivision (f). (h) For the purposes of this section, “local educational agency” means the governing body of any school district or community college district, the county office of education, a charter school, a state special school, a California State University campus, or a University of California campus. (i) Notwithstanding any other law, a community college district, a California State University campus, or a University of California campus, consistent with the requirements of this section, may bill for services provided to any student, regardless of age, who is a Medi-Cal recipient. (j) No later than July 1, 2013, and every year thereafter, the department shall make publicly accessible an annual accounting of all funds collected by the department from federal Medicaid payments allocable to local educational agencies, including, but not limited to, the funds withheld pursuant to subdivision (g) of Section 14115.8. The accounting shall detail amounts withheld from federal Medicaid payments to each participating local educational agency for that year. One-time costs for the development of this accounting shall not exceed two hundred fifty thousand dollars ($250,000). (k) (1) If the requirements in paragraphs (2) and (4) are satisfied, the department shall seek federal financial participation for covered services that are provided by a local educational agency pursuant to subdivision (a) to a child who is an eligible Medi-Cal beneficiary, regardless of either of the following: (A) Whether the child has an IEP or an IFSP. (B) Whether those same services are provided at no charge to the beneficiary or to the community at large. (2) The local educational agency shall take all reasonable measures to ascertain and pursue claims for payment of covered services specified in this section against legally liable third parties pursuant to Section 1902(a)(25) of the federal Social Security Act (42 U.S.C. Sec. 1396a(a)(25)). (3) If a legally liable third party receives a claim submitted by a local educational agency pursuant to paragraph (2), the legally liable third party shall either reimburse the claim or issue a notice of denial of noncoverage of services or benefits. If there is no response to a claim submitted to a legally liable third party by a local educational agency within 45 days, the local educational agency may bill the Medi-Cal program pursuant to subdivision (b). The local educational agency shall retain a copy of the claim submitted to the legally liable third party for a period of three years. (4) This subdivision shall not be implemented until the department obtains any necessary federal approvals.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law provides that specified services, including targeted case management services for children with an individualized education plan (IEP) or an individualized family service plan (IFSP), provided by local educational agencies (LEAs) are covered Medi-Cal benefits, and authorizes an LEA to bill for those services. Existing law requires the department to perform various activities with respect to the billing option for services provided by LEAs. Existing law defines an LEA as the governing body of any school district or community college district, the county office of education, a state special school, a California State University campus, or a University of California campus. This bill would require the department to seek federal financial participation for covered services that are provided by an LEA to a child who is an eligible Medi-Cal beneficiary regardless of whether the child has an IEP or an IFSP, or whether those same services are provided at no charge to the beneficiary or to the community at large, if the LEA takes all reasonable measures to ascertain and pursue claims for payment of covered services against legally liable 3rd parties. The bill would require a legally liable 3rd party to either reimburse the claim or issue a notice of denial of noncoverage of services or benefits if the legally liable 3rd party receives a claim for payment of covered services submitted by an LEA. The bill would authorize an LEA to bill the Medi-Cal program if there is no response to a claim for payment of covered services submitted to a legally liable 3rd party within 45 days, and would require the LEA to retain a copy of the claim submitted to the legally liable 3rd party for a period of 3 years. The bill would expand the definition of an LEA to include the governing body of a charter school. The bill would provide that these provisions shall not be implemented until the department obtains necessary federal approvals. This bill would also expand the authority of an LEA to provide targeted case management services.
An act to amend Section 14132.06 of the Welfare and Institutions Code, relating to Medi-Cal.
The people of the State of California do enact as follows: SECTION 1. Section 120325 of the Health and Safety Code is amended to read: 120325. In enacting this chapter, but excluding Section 120380, and in enacting Sections 120400, 120405, 120410, and 120415, it is the intent of the Legislature to provide: (a) A means for the eventual achievement of total immunization of appropriate age groups against the following childhood diseases: (1) Diphtheria. (2) Hepatitis B. (3) Haemophilus influenzae type b. (4) Measles. (5) Mumps. (6) Pertussis (whooping cough). (7) Poliomyelitis. (8) Rubella. (9) Tetanus. (10) Varicella (chickenpox). (11) Any other disease deemed appropriate by the department, taking into consideration the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, the American Academy of Pediatrics, and the American Academy of Family Physicians. (b) That the persons required to be immunized be allowed to obtain immunizations from whatever medical source they so desire, subject only to the condition that the immunization be performed in accordance with the regulations of the department and that a record of the immunization is made in accordance with the regulations. (c) Exemptions from immunization for medical reasons. (d) For the keeping of adequate records of immunization so that health departments, schools, and other institutions, parents or guardians, and the persons immunized will be able to ascertain that a child is fully or only partially immunized, and so that appropriate public agencies will be able to ascertain the immunization needs of groups of children in schools or other institutions. (e) Incentives to public health authorities to design innovative and creative programs that will promote and achieve full and timely immunization of children. SEC. 2. Section 120335 of the Health and Safety Code is amended to read: 120335. (a) As used in this chapter, “governing authority” means the governing board of each school district or the authority of each other private or public institution responsible for the operation and control of the institution or the principal or administrator of each school or institution. (b) The governing authority shall not unconditionally admit any person as a pupil of any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless, prior to his or her first admission to that institution, he or she has been fully immunized. The following are the diseases for which immunizations shall be documented: (1) Diphtheria. (2) Haemophilus influenzae type b. (3) Measles. (4) Mumps. (5) Pertussis (whooping cough). (6) Poliomyelitis. (7) Rubella. (8) Tetanus. (9) Hepatitis B. (10) Varicella (chickenpox). (11) Any other disease deemed appropriate by the department, taking into consideration the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, the American Academy of Pediatrics, and the American Academy of Family Physicians. (c) Notwithstanding subdivision (b), full immunization against hepatitis B shall not be a condition by which the governing authority shall admit or advance any pupil to the 7th grade level of any private or public elementary or secondary school. (d) The governing authority shall not unconditionally admit or advance any pupil to the 7th grade level of any private or public elementary or secondary school unless the pupil has been fully immunized against pertussis, including all pertussis boosters appropriate for the pupil’s age. (e) The department may specify the immunizing agents that may be utilized and the manner in which immunizations are administered. (f) This section does not apply to a pupil in a home-based private school or a pupil who is enrolled in an independent study program pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of the Education Code and does not receive classroom-based instruction. (g) (1) A pupil who, prior to January 1, 2016, submitted a letter or affidavit on file at a private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center stating beliefs opposed to immunization shall be allowed enrollment to any private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center within the state until the pupil enrolls in the next grade span. (2) For purposes of this subdivision, “grade span” means each of the following: (A) Birth to preschool. (B) Kindergarten and grades 1 to 6, inclusive, including transitional kindergarten. (C) Grades 7 to 12, inclusive. (3) Except as provided in this subdivision, on and after July 1, 2016, the governing authority shall not unconditionally admit to any of those institutions specified in this subdivision for the first time, or admit or advance any pupil to 7th grade level, unless the pupil has been immunized for his or her age as required by this section. (h) This section does not prohibit a pupil who qualifies for an individualized education program, pursuant to federal law and Section 56026 of the Education Code, from accessing any special education and related services required by his or her individualized education program. SEC. 3. Section 120338 is added to the Health and Safety Code, to read: 120338. Notwithstanding Sections 120325 and 120335, any immunizations deemed appropriate by the department pursuant to paragraph (11) of subdivision (a) of Section 120325 or paragraph (11) of subdivision (b) of Section 120335, may be mandated before a pupil’s first admission to any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, only if exemptions are allowed for both medical reasons and personal beliefs. SEC. 4. Section 120365 of the Health and Safety Code is repealed. SEC. 5. Section 120370 of the Health and Safety Code is amended to read: 120370. (a) If the parent or guardian files with the governing authority a written statement by a licensed physician to the effect that the physical condition of the child is such, or medical circumstances relating to the child are such, that immunization is not considered safe, indicating the specific nature and probable duration of the medical condition or circumstances, including, but not limited to, family medical history, for which the physician does not recommend immunization, that child shall be exempt from the requirements of Chapter 1 (commencing with Section 120325, but excluding Section 120380) and Sections 120400, 120405, 120410, and 120415 to the extent indicated by the physician’s statement. (b) If there is good cause to believe that a child has been exposed to a disease listed in subdivision (b) of Section 120335 and his or her documentary proof of immunization status does not show proof of immunization against that disease, that child may be temporarily excluded from the school or institution until the local health officer is satisfied that the child is no longer at risk of developing or transmitting the disease. SEC. 6. Section 120375 of the Health and Safety Code is amended to read: 120375. (a) The governing authority of each school or institution included in Section 120335 shall require documentary proof of each entrant’s immunization status. The governing authority shall record the immunizations of each new entrant in the entrant’s permanent enrollment and scholarship record on a form provided by the department. The immunization record of each new entrant admitted conditionally shall be reviewed periodically by the governing authority to ensure that within the time periods designated by regulation of the department he or she has been fully immunized against all of the diseases listed in Section 120335, and immunizations received subsequent to entry shall be added to the pupil’s immunization record. (b) The governing authority of each school or institution included in Section 120335 shall prohibit from further attendance any pupil admitted conditionally who failed to obtain the required immunizations within the time limits allowed in the regulations of the department, unless the pupil is exempted under Section 120370, until that pupil has been fully immunized against all of the diseases listed in Section 120335. (c) The governing authority shall file a written report on the immunization status of new entrants to the school or institution under their jurisdiction with the department and the local health department at times and on forms prescribed by the department. As provided in paragraph (4) of subdivision (a) of Section 49076 of the Education Code, the local health department shall have access to the complete health information as it relates to immunization of each student in the schools or other institutions listed in Section 120335 in order to determine immunization deficiencies. (d) The governing authority shall cooperate with the county health officer in carrying out programs for the immunization of persons applying for admission to any school or institution under its jurisdiction. The governing board of any school district may use funds, property, and personnel of the district for that purpose. The governing authority of any school or other institution may permit any licensed physician or any qualified registered nurse as provided in Section 2727.3 of the Business and Professions Code to administer immunizing agents to any person seeking admission to any school or institution under its jurisdiction.
Existing law prohibits the governing authority of a school or other institution from unconditionally admitting any person as a pupil of any public or private elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless prior to his or her admission to that institution he or she has been fully immunized against various diseases, including measles, mumps, and pertussis, subject to any specific age criteria. Existing law authorizes an exemption from those provisions for medical reasons or because of personal beliefs, if specified forms are submitted to the governing authority. Existing law requires the governing authority of a school or other institution to require documentary proof of each entrant’s immunization status. Existing law authorizes the governing authority of a school or other institution to temporarily exclude a child from the school or institution if the authority has good cause to believe that the child has been exposed to one of those diseases, as specified. This bill would eliminate the exemption from existing specified immunization requirements based upon personal beliefs, but would allow exemption from future immunization requirements deemed appropriate by the State Department of Public Health for either medical reasons or personal beliefs. The bill would exempt pupils in a home-based private school and students enrolled in an independent study program and who do not receive classroom-based instruction, pursuant to specified law from the prohibition described above. The bill would allow pupils who, prior to January 1, 2016, have a letter or affidavit on file at a private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center stating beliefs opposed to immunization, to be enrolled in any private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center within the state until the pupil enrolls in the next grade span, as defined. Except as under the circumstances described above, on and after July 1, 2016, the bill would prohibit a governing authority from unconditionally admitting to any of those institutions for the first time or admitting or advancing any pupil to the 7th grade level, unless the pupil has been immunized as required by the bill. The bill would specify that its provisions do not prohibit a pupil who qualifies for an individualized education program, pursuant to specified laws, from accessing any special education and related services required by his or her individualized education program. The bill would narrow the authorization for temporary exclusion from a school or other institution to make it applicable only to a child who has been exposed to a specified disease and whose documentary proof of immunization status does not show proof of immunization against one of the diseases described above. The bill would make conforming changes to related provisions.
An act to amend Sections 120325, 120335, 120370, and 120375 of, to add Section 120338 to, and to repeal Section 120365 of, the Health and Safety Code, relating to public health.
The people of the State of California do enact as follows: SECTION 1. Section 9050 of the Elections Code is amended to read: 9050. After the Secretary of State determines that a measure will appear on the ballot at the next statewide election, the Secretary of State shall promptly transmit a copy of the measure to the Legislative Analyst. The Legislative Analyst shall provide and return to the Secretary of State a ballot title and summary and ballot label for the measure. The Legislative Analyst shall prepare a ballot title and summary and ballot label for each measure submitted to the voters of the whole state by a date sufficient to meet the ballot pamphlet public display deadlines. SEC. 2. Section 9051 of the Elections Code is amended to read: 9051. (a) (1) The ballot title and summary may differ from the legislative, circulating, or other title and summary of the measure and shall not exceed 100 words, not including the fiscal impact. (2) The ballot title and summary shall be amended to include a summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code. (b) The ballot label shall not contain more than 75 words and shall be a condensed version of the ballot title and summary including the financial impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code. (c) In preparing the ballot title and summary, the Legislative Analyst shall give a true and impartial statement of the purpose of the measure in such language that the ballot title and summary shall neither be an argument, nor be likely to create prejudice, for or against the proposed measure. (d) The Legislative Analyst shall invite and consider public comment in preparing each ballot title and summary. SEC. 3. Section 9053 of the Elections Code is amended to read: 9053. A measure shall be designated on the ballot by the ballot label certified to the Secretary of State by the Legislative Analyst. SEC. 4. Section 9086 of the Elections Code is amended to read: 9086. The ballot pamphlet shall contain , as to each state measure to be voted upon, the following, following in the order set forth in this section: (a) (1) Upon the top portion of the first page, and not exceeding one-third of the page, shall appear: (A) Identification of the measure by number and title. (B) The official summary prepared by the Legislative Analyst. (C) The total number of votes cast for and against the measure in both the State Senate and Assembly, Assembly if the measure was passed by the Legislature. (2) The space in the title and summary that is used for an explanatory table prepared pursuant to paragraph (2) of subdivision (e) of Section 9087 of this code and Section 88003 of the Government Code shall not be included when measuring the amount of space the information described in paragraph (1) has taken for purposes of determining compliance with the restriction prohibiting the information described in paragraph (1) from exceeding one-third of the page. (b) Beginning at the top of the right page shall appear the analysis prepared by the Legislative Analyst, provided that the analysis fits on a single page. If it does not fit on a single page, the analysis shall begin on the lower portion of the first left page and shall continue on subsequent pages until it is completed. (c) Immediately below the analysis prepared by the Legislative Analyst shall appear a printed statement that refers voters to the Secretary of State’s Internet Web site for a list of committees primarily formed to support or oppose a ballot measure, and information on how to access the committee’s top 10 contributors. (d) Arguments for and against the measure shall be placed on the next left and right pages, respectively, following the final page of the analysis of the Legislative Analyst. The rebuttals shall be placed immediately below the arguments. (e) If no argument against the measure has been submitted, the argument for the measure shall appear on the right page facing the analysis. (f) The complete text of each measure shall appear at the back of the pamphlet. The text of the measure shall contain the provisions of the proposed measure and the existing provisions of law repealed or revised by the measure. The provisions of the proposed measure differing from the existing provisions of law affected shall be distinguished in print, so as to facilitate comparison. (g) The following statement shall be printed at the bottom of each page where arguments appear: “Arguments printed on this page are the opinions of the authors, and have not been checked for accuracy by any official agency.” SEC. 5. Section 9087 of the Elections Code is amended to read: 9087. (a) The Legislative Analyst shall prepare an impartial analysis of the measure describing the measure and including a fiscal analysis of the measure showing the amount of any increase or decrease in revenue or cost to state or local government. If it is estimated that a measure would result in increased cost to the state, an analysis of the measure’s estimated impact on the state shall be provided, including an estimate of the percentage of the General Fund that would be expended due to the measure, using visual aids when appropriate. An estimate of increased cost to the state or local governments shall be set out in boldface print in the ballot pamphlet. (b) The analysis shall be written in clear and concise terms, so as to be easily understood by the average voter, and shall avoid the use of technical terms wherever possible. The analysis may contain background information, including the effect of the measure on existing law and the effect of enacted legislation which will become effective if the measure is adopted, and shall generally set forth in an impartial manner the information the average voter needs to adequately understand the measure. To the extent practicable, the Legislative Analyst shall use a uniform method in each analysis to describe the estimated increase or decrease in revenue or cost of a measure, so that the average voter may draw comparisons among the fiscal impacts of measures. The condensed statement of the fiscal impact summary for the measure prepared by the Legislative Analyst to appear on the ballot shall contain the uniform estimate of increase or decrease in revenue or cost of the measure prepared pursuant to this subdivision. (c) The Legislative Analyst may contract with a professional writer, educational specialist, or another person for assistance in writing an analysis that fulfills the requirements of this section, including the requirement that the analysis be written so that it will be easily understood by the average voter. The Legislative Analyst may also request the assistance of a state department, agency, or official in preparing his or her analysis. (d) Before submitting the analysis to the Secretary of State, the Legislative Analyst shall submit the analysis to a committee of five persons, appointed by the Legislative Analyst, for the purpose of reviewing the analysis to confirm its clarity and easy comprehension to the average voter. The committee shall be drawn from the public at large, and one member shall be a specialist in education, one member shall be bilingual, and one member shall be a professional writer. Members of the committee shall be reimbursed for reasonable and necessary expenses incurred in performing their duties. Within five days of the submission of the analysis to the committee, the committee shall make recommendations to the Legislative Analyst as it deems appropriate to guarantee that the analysis can be easily understood by the average voter. The Legislative Analyst shall consider the committee’s recommendations, and he or she shall incorporate in the analysis those changes recommended by the committee that he or she deems to be appropriate. The Legislative Analyst is solely responsible for determining the content of the analysis required by this section. (e) (1) The title and summary of any measure that appears on the ballot shall be amended to contain a summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact. (2) For state bond measures that are submitted to the voters for their approval or rejection, the summary of the Legislative Analyst’s estimate described in paragraph (1) shall include an explanatory table of the information in the summary. SEC. 6. Section 13262 of the Elections Code is amended to read: 13262. (a) The ballot shall contain the same material as to candidates and measures, and shall be printed in the same order as provided for paper ballots, and may be arranged in parallel columns on one or more ballot cards as required, except that the column in which the voter marks his or her choices may be at the left of the names of candidates and the designation of measures. (b) If there are a greater number of candidates for an office or for a party nomination for an office than the number whose names can be placed on one pair of facing ballot pages, a series of overlaying pages printed only on the same, single side shall be used, and the ballot shall be clearly marked to indicate that the list of candidates for the office is continued on the following page or pages. If the names of candidates for the office are not required to be rotated, they shall be rotated by groups of candidates in a manner so that the name of each candidate shall appear on each page of the ballot in approximately the same number of precincts as the names of all other candidates. (c) Space shall be provided on the ballot or on a separate write-in ballot to permit voters to write in names not printed on the ballot when authorized by law. The size of the voting square and the spacing of the material may be varied to suit the conditions imposed by the use of ballot cards, provided the size of the type is not reduced below the minimum size requirements set forth in Chapter 2 (commencing with Section 13100). (d) The statement of measure submitted to the voters may be abbreviated if necessary on the ballot, if each and every statement of measure on that ballot is abbreviated. Any abbreviation of matters to be voted on throughout the state shall be composed by the Legislative Analyst. SEC. 7. Section 13282 of the Elections Code is amended to read: 13282. Whenever the Legislative Analyst prepares a ballot label, the Legislative Analyst shall file a copy of the ballot label with the Secretary of State. The Secretary of State shall make a copy of the ballot label available for public examination before the printing of the ballot label on any ballot. The public shall be permitted to examine the ballot label for at least 20 days, and the Secretary of State may consolidate the examination requirement under this section with the public examination requirements set forth in Section 9092. A voter may seek a writ of mandate requiring a ballot label, or portion thereof, to be amended or deleted. The provisions set forth in Section 9092 concerning the issuance of the writ and the nature of the proceedings shall be applicable to this section. SEC. 8. Section 18602 of the Elections Code is amended to read: 18602. A person working for the proponent or proponents of a statewide initiative or referendum measure who covers or otherwise obscures the summary of the measure prepared by the Legislative Analyst from the view of a prospective signer is guilty of a misdemeanor. SEC. 9. Section 88002 of the Government Code is amended to read: 88002. The ballot pamphlet shall contain , as to each state measure to be voted upon, the following in the order set forth in this section: (a) (1) Upon the top portion of the first page , and not exceeding one-third of the page , shall appear: (A) The identification of the measure by number and title. (B) The official summary prepared by the Legislative Analyst. (C) The total number of votes cast for and against the measure in both the State Senate and Assembly if the measure was passed by the Legislature. (2) The space in the title and summary that is used for an explanatory table prepared pursuant to paragraph (2) of subdivision (e) of Sect