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The people of the State of California do enact as follows: SECTION 1. Section 120500 of the Health and Safety Code is amended to read: 120500. As used in the Communicable Disease Prevention and Control Act, defined in Section 27, “sexually transmitted diseases” means diseases that are primarily transmitted through sexual contact. SEC. 2. Section 120505 of the Health and Safety Code is amended to read: 120505. The department shall develop and review plans and provide leadership and consultation for, and participate in, a program for the prevention and control of sexually transmitted diseases. SEC. 3. Section 120510 of the Health and Safety Code is amended to read: 120510. The department shall cooperate in the prevention, control, and cure of sexually transmitted diseases with all of the following: (a) Physicians and surgeons. (b) Medical schools. (c) Public and private hospitals, dispensaries, and clinics. (d) Administrators of public and private elementary and secondary schools and public and private postsecondary educational institutions. (e) Penal and charitable institutions. (f) Detention homes. (g) Federal, state, local, and district health officers, boards of health, and all other health authorities. (h) Institutions caring for the mentally ill. (i) Any other persons, institutions, or agencies. SEC. 4. Section 120511 is added to the Health and Safety Code, to read: 120511. (a) To the extent funds are appropriated by the Legislature for these purposes, the department shall allocate funds to local health jurisdictions for sexually transmitted disease outreach, screening, and other core services in accordance, to the extent possible, with the following: (1) Counties shall be targeted and prioritized based on population and incidence of sexually transmitted diseases. (2) Funds shall be allocated to targeted counties in a manner that balances the need to spread funding to as many counties as possible and the need to provide meaningful services to each funded county. (3) Each recipient county shall demonstrate to the department that the county has done all of the following: (A) Identified priority target populations. (B) Satisfactorily described its outreach protocols. (C) Included community-based partners for outreach, screening, and other core services. (D) Allocated resources for laboratory costs. (4) The department shall develop measures for each county funded pursuant to this section to demonstrate accountability. (b) In awarding funds pursuant to subdivision (a), the department may authorize innovative and impactful outreach, screening, and other core services, including, but not limited to, the following: (1) Voluntary screening for sexually transmitted diseases among inmates and wards of county adult and juvenile correctional facilities. The department may provide assistance or guidance to the local health jurisdiction if necessary to secure participation by other county agencies. (2) Social media platforms that allow a person to receive test results, share test results with partners, access treatment services, and reduce administrative costs. (3) State-of-the-art testing modalities that ensure swift and accurate screening for sexually transmitted diseases. (4) Community-based testing and disease investigation. (c) The department shall monitor activities in funded counties, based on the accountability measures required under paragraph (4) of subdivision (a) in order to assess the effectiveness of outreach, screening, and other core services efforts. (d) The department shall spend no more than 10 percent of any funds appropriated by the Legislature for purposes of this section for administrative costs. (e) It is the intent of the Legislature that the services identified in this section are to enhance the services that are already provided. Therefore, nothing in this section shall be construed to require the department to replace existing services with the services provided for in subdivision (a) or to prevent the department from adding new services as may be appropriate. SEC. 5. Section 120515 of the Health and Safety Code is amended to read: 120515. The department shall investigate conditions affecting the prevention and control of sexually transmitted diseases and approved procedures for prevention and control, and shall disseminate educational information relative thereto. SEC. 6. Section 120525 of the Health and Safety Code is repealed. SEC. 7. Section 120525 is added to the Health and Safety Code, to read: 120525. The department may provide medical, advisory, financial, or other assistance to organizations as may be approved by it. SEC. 8. Section 120535 of the Health and Safety Code is amended to read: 120535. Any state agency conducting a public hospital shall admit acute sexually transmitted disease cases, when, in the opinion of the department or the local health officer having jurisdiction, persons infected with a sexually transmitted disease may be a menace to public health. SEC. 9. Section 120540 of the Health and Safety Code is amended to read: 120540. The department may require any physician in attendance on a person infected, or suspected of being infected, with a sexually transmitted disease infection to submit specimens as may be designated for examination, when in its opinion the procedure is reasonably necessary to carry out the provisions and purposes of this chapter. SEC. 10. Section 120565 of the Health and Safety Code is amended to read: 120565. If a person subject to proper sexually transmitted disease control measures discontinues any control procedure required by this chapter, the agency administering the procedure, prior to the discontinuance, shall make reasonable efforts to determine whether the person is continuing to comply with the procedure elsewhere. SEC. 11. Section 120575 of the Health and Safety Code is amended to read: 120575. It is the duty of the local health officers to use every available means to ascertain the existence of cases of infectious sexually transmitted diseases within their respective jurisdictions, to investigate all cases that are not, or probably are not, subject to proper control measures approved by the board, to ascertain so far as possible all sources of infection, and to take all measures reasonably necessary to prevent the transmission of infection. SEC. 12. Section 120605 of the Health and Safety Code is amended to read: 120605. This chapter shall not be construed to interfere with the freedom of any adherent of teachings of any well-recognized religious sect, denomination, or organization to depend exclusively upon prayer for healing in accordance with the teachings of the religious sect, denomination, or organization. That person, along with any person treating him or her, shall be exempt from all provisions of this chapter regarding sexually transmitted diseases, except that the provisions of this code and the regulations of the board regarding compulsory reporting of communicable diseases and the quarantine of those diseases, and regarding callings that a person with a sexually transmitted disease may not engage, shall apply.

The existing Communicable Disease Prevention and Control Act defines the term “venereal disease” to mean syphilis, gonorrhea, chancroid, lymphopathia venereum, granuloma inguinale, and chlamydia. Existing law requires the State Department of Public Health to develop and review plans and participate in a program for the prevention and control of venereal disease, and authorizes the department to establish, maintain, and subsidize clinics, dispensaries, and prophylactic stations for the diagnosis, treatment, and prevention of venereal disease. This bill would delete the term “venereal disease” and would instead use the term “sexually transmitted diseases” (STDs), which would be defined as diseases that are primarily transmitted through sexual contact. The bill would require the department, to the extent funds are appropriated by the Legislature, to allocate grants to local health jurisdictions for STD outreach, screening, and other core services. The bill would target and prioritize the allocation of funds to counties based on population and incidence of STDs and would require the allocation of funds to targeted counties to balance the need to spread funding to as many counties as possible and the need to provide meaningful services to each funded county. The bill would make specified mandates and accountability measures applicable to the county when providing the outreach, screening, and other core services. This bill would provide that the department, in awarding funds pursuant to these provisions, may authorize innovative and impactful outreach, screening, and other core services, such as voluntary screening of inmates and wards of county adult and juvenile corrections facilities, and use of state-of-the-art testing modalities. The bill would require the department to use the accountability measures developed under the bill in order to monitor the activities funded by the bill and would limit the department’s expenditures on administrative costs to no more than 10% of the funds appropriated by the Legislature for this purpose. The bill would also delete obsolete provisions and make conforming changes.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 120500 of the Health and Safety Code is amended to read: 120500. As used in the Communicable Disease Prevention and Control Act, defined in Section 27, “sexually transmitted diseases” means diseases that are primarily transmitted through sexual contact. SEC. 2. Section 120505 of the Health and Safety Code is amended to read: 120505. The department shall develop and review plans and provide leadership and consultation for, and participate in, a program for the prevention and control of sexually transmitted diseases. SEC. 3. Section 120510 of the Health and Safety Code is amended to read: 120510. The department shall cooperate in the prevention, control, and cure of sexually transmitted diseases with all of the following: (a) Physicians and surgeons. (b) Medical schools. (c) Public and private hospitals, dispensaries, and clinics. (d) Administrators of public and private elementary and secondary schools and public and private postsecondary educational institutions. (e) Penal and charitable institutions. (f) Detention homes. (g) Federal, state, local, and district health officers, boards of health, and all other health authorities. (h) Institutions caring for the mentally ill. (i) Any other persons, institutions, or agencies. SEC. 4. Section 120511 is added to the Health and Safety Code, to read: 120511. (a) To the extent funds are appropriated by the Legislature for these purposes, the department shall allocate funds to local health jurisdictions for sexually transmitted disease outreach, screening, and other core services in accordance, to the extent possible, with the following: (1) Counties shall be targeted and prioritized based on population and incidence of sexually transmitted diseases. (2) Funds shall be allocated to targeted counties in a manner that balances the need to spread funding to as many counties as possible and the need to provide meaningful services to each funded county. (3) Each recipient county shall demonstrate to the department that the county has done all of the following: (A) Identified priority target populations. (B) Satisfactorily described its outreach protocols. (C) Included community-based partners for outreach, screening, and other core services. (D) Allocated resources for laboratory costs. (4) The department shall develop measures for each county funded pursuant to this section to demonstrate accountability. (b) In awarding funds pursuant to subdivision (a), the department may authorize innovative and impactful outreach, screening, and other core services, including, but not limited to, the following: (1) Voluntary screening for sexually transmitted diseases among inmates and wards of county adult and juvenile correctional facilities. The department may provide assistance or guidance to the local health jurisdiction if necessary to secure participation by other county agencies. (2) Social media platforms that allow a person to receive test results, share test results with partners, access treatment services, and reduce administrative costs. (3) State-of-the-art testing modalities that ensure swift and accurate screening for sexually transmitted diseases. (4) Community-based testing and disease investigation. (c) The department shall monitor activities in funded counties, based on the accountability measures required under paragraph (4) of subdivision (a) in order to assess the effectiveness of outreach, screening, and other core services efforts. (d) The department shall spend no more than 10 percent of any funds appropriated by the Legislature for purposes of this section for administrative costs. (e) It is the intent of the Legislature that the services identified in this section are to enhance the services that are already provided. Therefore, nothing in this section shall be construed to require the department to replace existing services with the services provided for in subdivision (a) or to prevent the department from adding new services as may be appropriate. SEC. 5. Section 120515 of the Health and Safety Code is amended to read: 120515. The department shall investigate conditions affecting the prevention and control of sexually transmitted diseases and approved procedures for prevention and control, and shall disseminate educational information relative thereto. SEC. 6. Section 120525 of the Health and Safety Code is repealed. SEC. 7. Section 120525 is added to the Health and Safety Code, to read: 120525. The department may provide medical, advisory, financial, or other assistance to organizations as may be approved by it. SEC. 8. Section 120535 of the Health and Safety Code is amended to read: 120535. Any state agency conducting a public hospital shall admit acute sexually transmitted disease cases, when, in the opinion of the department or the local health officer having jurisdiction, persons infected with a sexually transmitted disease may be a menace to public health. SEC. 9. Section 120540 of the Health and Safety Code is amended to read: 120540. The department may require any physician in attendance on a person infected, or suspected of being infected, with a sexually transmitted disease infection to submit specimens as may be designated for examination, when in its opinion the procedure is reasonably necessary to carry out the provisions and purposes of this chapter. SEC. 10. Section 120565 of the Health and Safety Code is amended to read: 120565. If a person subject to proper sexually transmitted disease control measures discontinues any control procedure required by this chapter, the agency administering the procedure, prior to the discontinuance, shall make reasonable efforts to determine whether the person is continuing to comply with the procedure elsewhere. SEC. 11. Section 120575 of the Health and Safety Code is amended to read: 120575. It is the duty of the local health officers to use every available means to ascertain the existence of cases of infectious sexually transmitted diseases within their respective jurisdictions, to investigate all cases that are not, or probably are not, subject to proper control measures approved by the board, to ascertain so far as possible all sources of infection, and to take all measures reasonably necessary to prevent the transmission of infection. SEC. 12. Section 120605 of the Health and Safety Code is amended to read: 120605. This chapter shall not be construed to interfere with the freedom of any adherent of teachings of any well-recognized religious sect, denomination, or organization to depend exclusively upon prayer for healing in accordance with the teachings of the religious sect, denomination, or organization. That person, along with any person treating him or her, shall be exempt from all provisions of this chapter regarding sexually transmitted diseases, except that the provisions of this code and the regulations of the board regarding compulsory reporting of communicable diseases and the quarantine of those diseases, and regarding callings that a person with a sexually transmitted disease may not engage, shall apply. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 124977 of the Health and Safety Code is amended to read: 124977. (a) It is the intent of the Legislature that, unless otherwise specified, the genetic disease testing program carried out pursuant to this chapter be fully supported from fees collected for services provided by the program. (b) (1) The department shall charge a fee to all payers for any tests or activities performed pursuant to this chapter. The amount of the fee shall be established by regulation and periodically adjusted by the director in order to meet the costs of this chapter. Notwithstanding any other law, any fees charged for prenatal screening and followup services provided to persons enrolled in the Medi-Cal program, health care service plan enrollees, or persons covered by health insurance policies, shall be paid in full and deposited in the Genetic Disease Testing Fund or the Birth Defects Monitoring Program Fund consistent with this section. (2) The department shall expeditiously undertake all steps necessary to implement the fee collection process, including personnel, contracts, and data processing, so as to initiate the fee collection process at the earliest opportunity. (3) Effective for services provided on and after July 1, 2002, the department shall charge a fee to the hospital of birth, or, for births not occurring in a hospital, to families of the newborn, for newborn screening and followup services. The hospital of birth and families of newborns born outside the hospital shall make payment in full to the Genetic Disease Testing Fund. The department shall not charge or bill Medi-Cal beneficiaries for services provided pursuant to this chapter. (4) (A) The department shall charge a fee for prenatal screening to support the pregnancy blood sample storage, testing, and research activities of the Birth Defects Monitoring Program. (B) The prenatal screening fee for activities of the Birth Defects Monitoring Program shall be ten dollars ($10). (5) The department shall set guidelines for invoicing, charging, and collecting from approved researchers the amount necessary to cover all expenses associated with research application requests made pursuant to this section, data linkage, retrieval, data processing, data entry, reinventory, and shipping of blood samples or their components, and related data management. (6) The only funds from the Genetic Disease Testing Fund that may be used for the purpose of supporting the pregnancy blood sample storage, testing, and research activities of the Birth Defects Monitoring Program are those prenatal screening fees assessed and collected prior to the creation of the Birth Defects Monitoring Program Fund specifically to support those Birth Defects Monitoring Program activities. (7) The Birth Defects Monitoring Program Fund is hereby created as a special fund in the State Treasury. Fee revenues that are collected pursuant to paragraph (4) shall be deposited into the fund and shall be available upon appropriation by the Legislature to support the pregnancy blood sample storage, testing, and research activities of the Birth Defects Monitoring Program. Notwithstanding Section 16305.7 of the Government Code, interest earned on funds in the Birth Defects Monitoring Program Fund shall be deposited as revenue into the fund to support the Birth Defects Monitoring Program. (c) (1) The Legislature finds that timely implementation of changes in genetic screening programs and continuous maintenance of quality statewide services requires expeditious regulatory and administrative procedures to obtain the most cost-effective electronic data processing, hardware, software services, testing equipment, and testing and followup services. (2) The expenditure of funds from the Genetic Disease Testing Fund for these purposes shall not be subject to Section 12102 of, and Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of, the Public Contract Code, or to Division 25.2 (commencing with Section 38070) of this code. The department shall provide the Department of Finance with documentation that equipment and services have been obtained at the lowest cost consistent with technical requirements for a comprehensive high-quality program. (3) The expenditure of funds from the Genetic Disease Testing Fund for implementation of the Tandem Mass Spectrometry screening for fatty acid oxidation, amino acid, and organic acid disorders, and screening for congenital adrenal hyperplasia may be implemented through the amendment of the Genetic Disease Branch Screening Information System contracts and shall not be subject to Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, and any policies, procedures, regulations, or manuals authorized by those laws. (4) The expenditure of funds from the Genetic Disease Testing Fund for the expansion of the Genetic Disease Branch Screening Information System to include cystic fibrosis, biotinidase, severe combined immunodeficiency (SCID), adrenoleukodystrophy (ALD), and any other disease that is detectable in blood samples, as specified in subdivision (d) of Section 125001, may be implemented through the amendment of the Genetic Disease Branch Screening Information System contracts, and shall not be subject to Chapter 2 (commencing with Section 10290) or Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, or Sections 4800 to 5180, inclusive, of the State Administrative Manual as they relate to approval of information technology projects or approval of increases in the duration or costs of information technology projects. This paragraph shall apply to the design, development, and implementation of the expansion, and to the maintenance and operation of the Genetic Disease Branch Screening Information System, including change requests, once the expansion is implemented. (d) (1) The department may adopt emergency regulations to implement and make specific this chapter in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of the Administrative Procedure Act, the adoption of regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, these emergency regulations shall not be subject to the review and approval of the Office of Administrative Law. Notwithstanding Sections 11346.1 and 11349.6 of the Government Code, the department shall submit these regulations directly to the Secretary of State for filing. The regulations shall become effective immediately upon filing by the Secretary of State. Regulations shall be subject to public hearing within 120 days of filing with the Secretary of State and shall comply with Sections 11346.8 and 11346.9 of the Government Code or shall be repealed. (2) The Office of Administrative Law shall provide for the printing and publication of these regulations in the California Code of Regulations. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the regulations adopted pursuant to this chapter shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed by the department. (3) The Legislature finds and declares that the health and safety of California newborns is in part dependent on an effective and adequately staffed genetic disease program, the cost of which shall be supported by the fees generated by the program. SEC. 2. Section 125001 of the Health and Safety Code is amended to read: 125001. (a) The department shall establish a program for the development, provision, and evaluation of genetic disease testing, and may provide laboratory testing facilities or make grants to, contract with, or make payments to, any laboratory that it deems qualified and cost effective to conduct testing or with any metabolic specialty clinic to provide necessary treatment with qualified specialists. The program shall provide genetic screening and followup services for persons who have the screening. (b) The department shall expand statewide screening of newborns to include tandem mass spectrometry screening for fatty acid oxidation, amino acid, organic acid disorders, and congenital adrenal hyperplasia as soon as possible. The department shall provide information with respect to these disorders and available testing resources to all women receiving prenatal care and to all women admitted to a hospital for delivery. If the department is unable to provide this statewide screening by August 1, 2005, the department shall temporarily obtain these testing services through a competitive bid process from one or more public or private laboratories that meet the department’s requirements for testing, quality assurance, and reporting. If the department determines that contracting for these services is more cost effective, and meets the other requirements of this chapter, than purchasing the tandem mass spectrometry equipment themselves, the department shall contract with one or more public or private laboratories. (c) The department shall expand statewide screening of newborns to include screening for severe combined immunodeficiency (SCID) as soon as possible. In implementing the SCID screening test, the department shall also screen for other T-cell lymphopenias that are detectable as a result of screening for SCID, insofar as it does not require additional costs or equipment beyond that needed to test for SCID. (d) The department shall expand statewide screening of newborns to include screening for adrenoleukodystrophy (ALD) and any other disease that is detectable in blood samples as soon as practicable, but no later than two years after the disease is adopted by the federal Recommended Uniform Screening Panel (RUSP), or enrollment of the act amending this subdivision, whichever is later.

Existing law requires the State Department of Public Health to establish a program for the development, provision, and evaluation of genetic disease testing. Existing law establishes the continuously appropriated Genetic Disease Testing Fund (GDTF), consisting of fees paid for newborn screening tests, and states the intent of the Legislature that all costs of the genetic disease testing program be fully supported by fees paid for newborn screening tests, which are deposited in the GDTF. Existing law also authorizes moneys in the GDTF to be used for the expansion of the Genetic Disease Branch Screening Information System to include cystic fibrosis, biotinidase, severe combined immunodeficiency (SCID), and adrenoleukodystrophy (ALD) and exempts the expansion of contracts for this purpose from certain provisions of the Public Contract Code, the Government Code, and the State Administrative Manual, as specified. This bill would require the department to expand statewide screening of newborns to include screening for any disease that is detectable in blood samples as soon as practicable, but no later than 2 years after the disease is adopted by the federal Recommended Uniform Screening Panel (RUSP), or enrollment of this bill, whichever is later. By expanding the purposes for which moneys from the GDTF may be expended, this bill would make an appropriation.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 124977 of the Health and Safety Code is amended to read: 124977. (a) It is the intent of the Legislature that, unless otherwise specified, the genetic disease testing program carried out pursuant to this chapter be fully supported from fees collected for services provided by the program. (b) (1) The department shall charge a fee to all payers for any tests or activities performed pursuant to this chapter. The amount of the fee shall be established by regulation and periodically adjusted by the director in order to meet the costs of this chapter. Notwithstanding any other law, any fees charged for prenatal screening and followup services provided to persons enrolled in the Medi-Cal program, health care service plan enrollees, or persons covered by health insurance policies, shall be paid in full and deposited in the Genetic Disease Testing Fund or the Birth Defects Monitoring Program Fund consistent with this section. (2) The department shall expeditiously undertake all steps necessary to implement the fee collection process, including personnel, contracts, and data processing, so as to initiate the fee collection process at the earliest opportunity. (3) Effective for services provided on and after July 1, 2002, the department shall charge a fee to the hospital of birth, or, for births not occurring in a hospital, to families of the newborn, for newborn screening and followup services. The hospital of birth and families of newborns born outside the hospital shall make payment in full to the Genetic Disease Testing Fund. The department shall not charge or bill Medi-Cal beneficiaries for services provided pursuant to this chapter. (4) (A) The department shall charge a fee for prenatal screening to support the pregnancy blood sample storage, testing, and research activities of the Birth Defects Monitoring Program. (B) The prenatal screening fee for activities of the Birth Defects Monitoring Program shall be ten dollars ($10). (5) The department shall set guidelines for invoicing, charging, and collecting from approved researchers the amount necessary to cover all expenses associated with research application requests made pursuant to this section, data linkage, retrieval, data processing, data entry, reinventory, and shipping of blood samples or their components, and related data management. (6) The only funds from the Genetic Disease Testing Fund that may be used for the purpose of supporting the pregnancy blood sample storage, testing, and research activities of the Birth Defects Monitoring Program are those prenatal screening fees assessed and collected prior to the creation of the Birth Defects Monitoring Program Fund specifically to support those Birth Defects Monitoring Program activities. (7) The Birth Defects Monitoring Program Fund is hereby created as a special fund in the State Treasury. Fee revenues that are collected pursuant to paragraph (4) shall be deposited into the fund and shall be available upon appropriation by the Legislature to support the pregnancy blood sample storage, testing, and research activities of the Birth Defects Monitoring Program. Notwithstanding Section 16305.7 of the Government Code, interest earned on funds in the Birth Defects Monitoring Program Fund shall be deposited as revenue into the fund to support the Birth Defects Monitoring Program. (c) (1) The Legislature finds that timely implementation of changes in genetic screening programs and continuous maintenance of quality statewide services requires expeditious regulatory and administrative procedures to obtain the most cost-effective electronic data processing, hardware, software services, testing equipment, and testing and followup services. (2) The expenditure of funds from the Genetic Disease Testing Fund for these purposes shall not be subject to Section 12102 of, and Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of, the Public Contract Code, or to Division 25.2 (commencing with Section 38070) of this code. The department shall provide the Department of Finance with documentation that equipment and services have been obtained at the lowest cost consistent with technical requirements for a comprehensive high-quality program. (3) The expenditure of funds from the Genetic Disease Testing Fund for implementation of the Tandem Mass Spectrometry screening for fatty acid oxidation, amino acid, and organic acid disorders, and screening for congenital adrenal hyperplasia may be implemented through the amendment of the Genetic Disease Branch Screening Information System contracts and shall not be subject to Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, and any policies, procedures, regulations, or manuals authorized by those laws. (4) The expenditure of funds from the Genetic Disease Testing Fund for the expansion of the Genetic Disease Branch Screening Information System to include cystic fibrosis, biotinidase, severe combined immunodeficiency (SCID), adrenoleukodystrophy (ALD), and any other disease that is detectable in blood samples, as specified in subdivision (d) of Section 125001, may be implemented through the amendment of the Genetic Disease Branch Screening Information System contracts, and shall not be subject to Chapter 2 (commencing with Section 10290) or Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, or Sections 4800 to 5180, inclusive, of the State Administrative Manual as they relate to approval of information technology projects or approval of increases in the duration or costs of information technology projects. This paragraph shall apply to the design, development, and implementation of the expansion, and to the maintenance and operation of the Genetic Disease Branch Screening Information System, including change requests, once the expansion is implemented. (d) (1) The department may adopt emergency regulations to implement and make specific this chapter in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of the Administrative Procedure Act, the adoption of regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, these emergency regulations shall not be subject to the review and approval of the Office of Administrative Law. Notwithstanding Sections 11346.1 and 11349.6 of the Government Code, the department shall submit these regulations directly to the Secretary of State for filing. The regulations shall become effective immediately upon filing by the Secretary of State. Regulations shall be subject to public hearing within 120 days of filing with the Secretary of State and shall comply with Sections 11346.8 and 11346.9 of the Government Code or shall be repealed. (2) The Office of Administrative Law shall provide for the printing and publication of these regulations in the California Code of Regulations. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the regulations adopted pursuant to this chapter shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed by the department. (3) The Legislature finds and declares that the health and safety of California newborns is in part dependent on an effective and adequately staffed genetic disease program, the cost of which shall be supported by the fees generated by the program. SEC. 2. Section 125001 of the Health and Safety Code is amended to read: 125001. (a) The department shall establish a program for the development, provision, and evaluation of genetic disease testing, and may provide laboratory testing facilities or make grants to, contract with, or make payments to, any laboratory that it deems qualified and cost effective to conduct testing or with any metabolic specialty clinic to provide necessary treatment with qualified specialists. The program shall provide genetic screening and followup services for persons who have the screening. (b) The department shall expand statewide screening of newborns to include tandem mass spectrometry screening for fatty acid oxidation, amino acid, organic acid disorders, and congenital adrenal hyperplasia as soon as possible. The department shall provide information with respect to these disorders and available testing resources to all women receiving prenatal care and to all women admitted to a hospital for delivery. If the department is unable to provide this statewide screening by August 1, 2005, the department shall temporarily obtain these testing services through a competitive bid process from one or more public or private laboratories that meet the department’s requirements for testing, quality assurance, and reporting. If the department determines that contracting for these services is more cost effective, and meets the other requirements of this chapter, than purchasing the tandem mass spectrometry equipment themselves, the department shall contract with one or more public or private laboratories. (c) The department shall expand statewide screening of newborns to include screening for severe combined immunodeficiency (SCID) as soon as possible. In implementing the SCID screening test, the department shall also screen for other T-cell lymphopenias that are detectable as a result of screening for SCID, insofar as it does not require additional costs or equipment beyond that needed to test for SCID. (d) The department shall expand statewide screening of newborns to include screening for adrenoleukodystrophy (ALD) and any other disease that is detectable in blood samples as soon as practicable, but no later than two years after the disease is adopted by the federal Recommended Uniform Screening Panel (RUSP), or enrollment of the act amending this subdivision, whichever is later. ### Summary: This bill would amend Section 124977 of the Health and Safety Code to require the Department of Public Health to charge a fee to all payers

The people of the State of California do enact as follows: SECTION 1. Section 6731.1 of the Business and Professions Code is amended to read: 6731.1. Civil engineering also includes the practice or offer to practice, either in a public or private capacity, all of the following: (a) Locates, relocates, establishes, reestablishes, or retraces retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as described in Section 6731. 6731 or for any items designed with the practice of electrical engineering, as described in Section 6731.5, or mechanical engineering, as described in Section 6731.6. (b) Determines the configuration or contour of the earth’s surface or surface, the benthic surface below water bodies, the measuring for volumetric calculations of earthwork, or the position of manmade or natural fixed objects above, on, or below the surface of earth by applying the principles of trigonometry or photogrammetry. mathematics, photogrammetry, or remote sensing. (c) Creates, prepares, or modifies electronic or computerized data in the performance of the activities described in subdivisions (a) and (b). (d) Renders a statement regarding the accuracy of maps or measured survey data pursuant to subdivisions (a), (b), and (c). SEC. 2. Section 8726 of the Business and Professions Code is amended to read: 8726. A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying within the meaning of this chapter who, either in a public or private capacity, does or offers to do any one or more of the following: (a) Locates, relocates, establishes, reestablishes, or retraces retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as described in Section 6731. 6731 or for any items designed with the practice of electrical engineering, as described in Section 6731.5, or mechanical engineering, as described in Section 6731.6. (b) Determines the configuration or contour of the earth’s surface, the benthic surface below water bodies, the measuring for volumetric calculations of earthwork, or the position of manmade or natural fixed objects above, on, or below the surface of the earth by applying the principles of mathematics or photogrammetry. mathematics, photogrammetry, or remote sensing. (c) Locates, relocates, establishes, reestablishes, or retraces any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries. (d) Makes any survey for the subdivision or resubdivision of any tract of land. For the purposes of this subdivision, the term “subdivision” or “resubdivision” shall be defined to include, but not be limited to, the definition in the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code) or the Subdivided Lands Law (Chapter 1 (commencing with Section 11000) of Part 2 of Division 4 of this code). (e) By the use of the principles of land surveying determines the position for any monument or reference point which marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point. (f) Geodetic surveying or cadastral surveying. As used in this chapter, geodetic surveying means performing surveys, surveys by using techniques or methods of three-dimensional geospatial data acquisition in which account is taken of the figure and size of the earth to determine or predetermine the horizontal or vertical positions of fixed objects thereon or related thereto, geodetic control points, monuments, or stations for use in the practice of land surveying or for stating the position geospatial establishment of three-dimensional positions of fixed objects, geodetic control points, monuments, or stations by California Coordinate System coordinates. coordinates in accordance with Chapter 1 (commencing with Section 8801) of Division 8 of the Public Resources Code. (g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in subdivisions (a), (b), (c), (d), (e), and (f). (h) Indicates, in any capacity or in any manner, by the use of the title “land surveyor” or by any other title or by any other representation that he or she practices or offers to practice land surveying in any of its branches. (i) Procures or offers to procure land surveying work for himself, herself, or others. (j) Manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced. (k) Coordinates the work of professional, technical, or special consultants in connection with the activities authorized by this chapter. (l) Determines the information shown or to be shown within the description of any deed, trust deed, or other title document prepared for the purpose of describing the limit of real property in connection with any one or more of the functions described in subdivisions (a) to (f), inclusive. (m) Creates, prepares, or modifies electronic or computerized data in the performance of the activities described in subdivisions (a), (b), (c), (d), (e), (f), (k), and (l). (n) Renders a statement regarding the accuracy of maps or measured survey data. Any department or agency of the state or any city, county, or city and county that has an unregistered person in responsible charge of land surveying work on January 1, 1986, shall be exempt from the requirement that the person be licensed as a land surveyor until the person currently in responsible charge is replaced. The review, approval, or examination by a governmental entity of documents prepared or performed pursuant to this section shall be done by, or under the direct supervision of, a person authorized to practice land surveying. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SECTION 1. Section 8725 of the Business and Professions Code is amended to read: 8725. Any person practicing, or offering to practice, land surveying in this state shall submit evidence that he or she is qualified to practice and shall be licensed under this chapter. It is unlawful for any person to practice, offer to practice, or represent herself or himself, as a land surveyor in this state, or to set, reset, replace, or remove any survey monument on land in which he or she has no legal interest, unless he or she has been licensed or specifically exempted from licensing under this chapter.

The Professional Engineers Act and the Professional Land Surveyors’ Act establishes establish the Board for Professional Engineers, Land Surveyors, and Geologists within the Department of Consumer Affairs for the licensure and regulation of professional engineers and land surveyors surveyors, respectively, and requires require any person practicing, or offering to practice, civil engineering or land surveying surveying, respectively, in the state to submit evidence that he or she is qualified to practice and to be licensed under the respective act. Existing law makes it a misdemeanor to practice civil engineering or land surveying without legal authorization. This bill would make a nonsubstantive change to this provision. expand the definitions of civil engineering and land surveying to include laying out through the use of mathematics or geometric measurements the alignment or elevation for specified items, determining the configuration or contour of the benthic surface below water bodies or the measuring for volumetric calculations of earthwork, as specified, and making specified determinations by applying the principles of remote sensing. The bill would also amend the definition of geodetic surveying. By expanding the scope of a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 6731.1 of the Business and Professions Code is amended to read: 6731.1. Civil engineering also includes the practice or offer to practice, either in a public or private capacity, all of the following: (a) Locates, relocates, establishes, reestablishes, or retraces retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as described in Section 6731. 6731 or for any items designed with the practice of electrical engineering, as described in Section 6731.5, or mechanical engineering, as described in Section 6731.6. (b) Determines the configuration or contour of the earth’s surface or surface, the benthic surface below water bodies, the measuring for volumetric calculations of earthwork, or the position of manmade or natural fixed objects above, on, or below the surface of earth by applying the principles of trigonometry or photogrammetry. mathematics, photogrammetry, or remote sensing. (c) Creates, prepares, or modifies electronic or computerized data in the performance of the activities described in subdivisions (a) and (b). (d) Renders a statement regarding the accuracy of maps or measured survey data pursuant to subdivisions (a), (b), and (c). SEC. 2. Section 8726 of the Business and Professions Code is amended to read: 8726. A person, including any person employed by the state or by a city, county, or city and county within the state, practices land surveying within the meaning of this chapter who, either in a public or private capacity, does or offers to do any one or more of the following: (a) Locates, relocates, establishes, reestablishes, or retraces retraces, or lays out through the use of mathematics or geometric measurements the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as described in Section 6731. 6731 or for any items designed with the practice of electrical engineering, as described in Section 6731.5, or mechanical engineering, as described in Section 6731.6. (b) Determines the configuration or contour of the earth’s surface, the benthic surface below water bodies, the measuring for volumetric calculations of earthwork, or the position of manmade or natural fixed objects above, on, or below the surface of the earth by applying the principles of mathematics or photogrammetry. mathematics, photogrammetry, or remote sensing. (c) Locates, relocates, establishes, reestablishes, or retraces any property line or boundary of any parcel of land, right-of-way, easement, or alignment of those lines or boundaries. (d) Makes any survey for the subdivision or resubdivision of any tract of land. For the purposes of this subdivision, the term “subdivision” or “resubdivision” shall be defined to include, but not be limited to, the definition in the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code) or the Subdivided Lands Law (Chapter 1 (commencing with Section 11000) of Part 2 of Division 4 of this code). (e) By the use of the principles of land surveying determines the position for any monument or reference point which marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point. (f) Geodetic surveying or cadastral surveying. As used in this chapter, geodetic surveying means performing surveys, surveys by using techniques or methods of three-dimensional geospatial data acquisition in which account is taken of the figure and size of the earth to determine or predetermine the horizontal or vertical positions of fixed objects thereon or related thereto, geodetic control points, monuments, or stations for use in the practice of land surveying or for stating the position geospatial establishment of three-dimensional positions of fixed objects, geodetic control points, monuments, or stations by California Coordinate System coordinates. coordinates in accordance with Chapter 1 (commencing with Section 8801) of Division 8 of the Public Resources Code. (g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in subdivisions (a), (b), (c), (d), (e), and (f). (h) Indicates, in any capacity or in any manner, by the use of the title “land surveyor” or by any other title or by any other representation that he or she practices or offers to practice land surveying in any of its branches. (i) Procures or offers to procure land surveying work for himself, herself, or others. (j) Manages, or conducts as manager, proprietor, or agent, any place of business from which land surveying work is solicited, performed, or practiced. (k) Coordinates the work of professional, technical, or special consultants in connection with the activities authorized by this chapter. (l) Determines the information shown or to be shown within the description of any deed, trust deed, or other title document prepared for the purpose of describing the limit of real property in connection with any one or more of the functions described in subdivisions (a) to (f), inclusive. (m) Creates, prepares, or modifies electronic or computerized data in the performance of the activities described in subdivisions (a), (b), (c), (d), (e), (f), (k), and (l). (n) Renders a statement regarding the accuracy of maps or measured survey data. Any department or agency of the state or any city, county, or city and county that has an unregistered person in responsible charge of land surveying work on January 1, 1986, shall be exempt from the requirement that the person be licensed as a land surveyor until the person currently in responsible charge is replaced. The review, approval, or examination by a governmental entity of documents prepared or performed pursuant to this section shall be done by, or under the direct supervision of, a person authorized to practice land surveying. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SECTION 1. Section 8725 of the Business and Professions Code is amended to read: 8725. Any person practicing, or offering to practice, land surveying in this state shall submit evidence that he or she is qualified to practice and shall be licensed under this chapter. It is unlawful for any person to practice, offer to practice, or represent herself or himself, as a land surveyor in this state, or to set, reset, replace, or remove any survey monument on land in which he or she has no legal interest, unless he or she has been licensed or specifically exempted from licensing under this chapter. ### Summary: This bill amends the Business and Professions Code to include the use of remote sensing in the practice of land surveying and civil engineering. ### Analysis: This bill

The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as “The Dr. Julia Quint Program for Research and Prevention of Occupational Injuries and Illnesses.” The intent of this act is to establish a California occupational research agenda, increase coordination and collaboration between community occupational health clinics and the centers for occupational and environmental health, and provide training with the goals of preventing occupational injuries and illnesses suffered by the most vulnerable workers, including non-English speakers working in high-risk occupations, and reducing the consequences and costs of those injuries and illnesses through early intervention with appropriate care. SEC. 2. Section 6354.7 of the Labor Code, as added by Section 84 of Chapter 6 of the Statutes of 2002, is repealed. SEC. 3. Section 6354.7 of the Labor Code, as added by Section 15 of Chapter 866 of the Statutes of 2002, is amended to read: 6354.7. (a) The Workers’ Occupational Safety and Health Education Fund is hereby created as a special account in the State Treasury. Proceeds of the fund may be expended, upon appropriation by the Legislature, by the Commission on Health and Safety and Workers’ Compensation for the purposes specified in this section and Section 6354.8 and for an insurance loss control services coordinator. The director shall levy and collect fees to fund these purposes from insurers subject to Section 6354.5. However, the fee assessed against any insurer shall not exceed the greater of one hundred dollars ($100) or 0.0286 percent of paid workers’ compensation medical and indemnity amounts for claims as reported for the previous calendar year to the designated rating organization for the analysis required under subdivisions (b) (a), (b), and (c) of Section 11759.1 of the Insurance Code. All fees shall be deposited in the fund. (b) The commission shall establish and maintain a worker occupational safety and health training and education program, to be referred to as the Worker Occupational Safety and Health Training and Education Program, or WOSHTEP. The purpose of the WOSHTEP shall be to promote awareness of the need for prevention education programs, to develop and provide injury and illness prevention education programs for employees and their representatives, to increase the number of, and to ensure continued capacity of, nonprofit provider organizations, including labor-management cooperation committees, joint labor-management apprentice programs, labor unions, community or faith-based organizations that focus on vulnerable workers, and state government-supported postsecondary educational institutions, to train workers and provide related services, representatives and to deliver those awareness and training programs through a network of providers throughout the state. The commission may conduct the WOSHTEP directly or by means of contracts or interagency agreements. (c) The commission shall establish an advisory board for the WOSHTEP that includes employer and worker representatives and experts in occupational safety and health. The WOSHTEP advisory board shall guide the development of curricula, teaching methods, and specific course material about occupational safety and health, and shall assist in providing links to the target audience and broadening the partnerships with worker-based organizations, labor studies programs, and others that are able to reach the target audience. (d) The WOSHTEP shall include the development and provision of a needed core curriculum addressing competencies for effective participation in workplace injury and illness prevention programs and on joint labor-management health and safety committees. The core curriculum shall include an overview of the requirements related to injury and illness prevention programs and hazard communication. (e) The WOSHTEP shall include the development and provision of additional training programs for any or all of the following categories: (1) Industries on the high hazard list. (2) Hazards that result in significant worker injuries, illnesses, or compensation costs. (3) Industries or trades in which workers are experiencing numerous or significant injuries or illnesses. (4) Occupational groups with special needs, such as those who do not speak English as their first language, workers with limited literacy, young workers, and other traditionally underserved industries or groups of workers. Priority shall be given to training workers who are able to train other workers and workers who have significant health and safety responsibilities, such as those workers serving on a health and safety committee or serving as designated safety representatives. (f) The WOSHTEP shall operate one or more libraries and distribution systems of occupational safety and health training material, which shall include, but not be limited to, all material developed by the program pursuant to this section. (g) The WOSHTEP advisory board shall annually prepare a written report evaluating the use and impact of programs developed. (h) The payment of administrative costs incurred by the commission in conducting the WOSHTEP shall be made from the Workers’ Occupational Safety and Health Education Fund. SEC. 4. Section 6354.8 is added to the Labor Code, to read: 6354.8. In addition to the duties and functions specified in Section 6354.7, the Worker Occupational Safety and Health Training and Education Program shall work in collaboration with: do both of the following: (a) The Work in collaboration with the Occupational Health Branch of the State Department of Public Health to develop and implement a California occupational research agenda focused on the prevention of occupational injuries and illnesses that are most prevalent, serious, and costly for California employers and employees. (b) The Through an agreement with the University of California occupational health centers affiliated with regional schools of medicine and public health, as established by Section 50.8, to increase coordination and collaboration, including providing provide training to community-based health clinics that serve vulnerable workers, including non-English speakers, working in high-risk occupations.

Existing law requires the Commission on Health and Safety and Workers’ Compensation to establish and maintain a worker and occupational safety and health training and education program and requires the Director of Industrial Relations to establish an insurance loss control services coordinator position, to be funded from the Workers’ Occupational Safety and Health Education Fund. Existing law requires the director to levy and collect fees from workers’ compensation insurers for purposes of the program, with the fees to be deposited in the fund. Existing law prohibits the fee assessed against any insurer from exceeding the greater of $100 or a specified percentage of paid workers ’ compensation indemnity amounts for claims reported in the previous year, as specified. Moneys in the fund are available for expenditure for the above purposes upon appropriation by the Legislature. This bill would provide that revise the calculation of the fee described above to also include a specified percentage of paid workers’ compensation medical amounts for claims reported in the previous year and would deposit those additional moneys in the Workers’ Occupational Safety and Health Education Fund may be applied to Fund. The bill would authorize specified collaborative work by the commission in connection with its training and education program. The bill would expand the list of purposes of the training and education program, which would be referred to as the Worker Occupational Safety and Health Training and Education Program, or WOSHTEP, to increase the number of, and assure continued capacity of, specified organizations to train workers and provide services. The bill would require, as part of WOSHTEP, that the commission collaborate with the Occupational Health Branch of the State Department of Public Health and the University of California occupational health centers affiliated with regional schools of medicine and public health, centers, as specified. The bill would repeal duplicative provisions. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as “The Dr. Julia Quint Program for Research and Prevention of Occupational Injuries and Illnesses.” The intent of this act is to establish a California occupational research agenda, increase coordination and collaboration between community occupational health clinics and the centers for occupational and environmental health, and provide training with the goals of preventing occupational injuries and illnesses suffered by the most vulnerable workers, including non-English speakers working in high-risk occupations, and reducing the consequences and costs of those injuries and illnesses through early intervention with appropriate care. SEC. 2. Section 6354.7 of the Labor Code, as added by Section 84 of Chapter 6 of the Statutes of 2002, is repealed. SEC. 3. Section 6354.7 of the Labor Code, as added by Section 15 of Chapter 866 of the Statutes of 2002, is amended to read: 6354.7. (a) The Workers’ Occupational Safety and Health Education Fund is hereby created as a special account in the State Treasury. Proceeds of the fund may be expended, upon appropriation by the Legislature, by the Commission on Health and Safety and Workers’ Compensation for the purposes specified in this section and Section 6354.8 and for an insurance loss control services coordinator. The director shall levy and collect fees to fund these purposes from insurers subject to Section 6354.5. However, the fee assessed against any insurer shall not exceed the greater of one hundred dollars ($100) or 0.0286 percent of paid workers’ compensation medical and indemnity amounts for claims as reported for the previous calendar year to the designated rating organization for the analysis required under subdivisions (b) (a), (b), and (c) of Section 11759.1 of the Insurance Code. All fees shall be deposited in the fund. (b) The commission shall establish and maintain a worker occupational safety and health training and education program, to be referred to as the Worker Occupational Safety and Health Training and Education Program, or WOSHTEP. The purpose of the WOSHTEP shall be to promote awareness of the need for prevention education programs, to develop and provide injury and illness prevention education programs for employees and their representatives, to increase the number of, and to ensure continued capacity of, nonprofit provider organizations, including labor-management cooperation committees, joint labor-management apprentice programs, labor unions, community or faith-based organizations that focus on vulnerable workers, and state government-supported postsecondary educational institutions, to train workers and provide related services, representatives and to deliver those awareness and training programs through a network of providers throughout the state. The commission may conduct the WOSHTEP directly or by means of contracts or interagency agreements. (c) The commission shall establish an advisory board for the WOSHTEP that includes employer and worker representatives and experts in occupational safety and health. The WOSHTEP advisory board shall guide the development of curricula, teaching methods, and specific course material about occupational safety and health, and shall assist in providing links to the target audience and broadening the partnerships with worker-based organizations, labor studies programs, and others that are able to reach the target audience. (d) The WOSHTEP shall include the development and provision of a needed core curriculum addressing competencies for effective participation in workplace injury and illness prevention programs and on joint labor-management health and safety committees. The core curriculum shall include an overview of the requirements related to injury and illness prevention programs and hazard communication. (e) The WOSHTEP shall include the development and provision of additional training programs for any or all of the following categories: (1) Industries on the high hazard list. (2) Hazards that result in significant worker injuries, illnesses, or compensation costs. (3) Industries or trades in which workers are experiencing numerous or significant injuries or illnesses. (4) Occupational groups with special needs, such as those who do not speak English as their first language, workers with limited literacy, young workers, and other traditionally underserved industries or groups of workers. Priority shall be given to training workers who are able to train other workers and workers who have significant health and safety responsibilities, such as those workers serving on a health and safety committee or serving as designated safety representatives. (f) The WOSHTEP shall operate one or more libraries and distribution systems of occupational safety and health training material, which shall include, but not be limited to, all material developed by the program pursuant to this section. (g) The WOSHTEP advisory board shall annually prepare a written report evaluating the use and impact of programs developed. (h) The payment of administrative costs incurred by the commission in conducting the WOSHTEP shall be made from the Workers’ Occupational Safety and Health Education Fund. SEC. 4. Section 6354.8 is added to the Labor Code, to read: 6354.8. In addition to the duties and functions specified in Section 6354.7, the Worker Occupational Safety and Health Training and Education Program shall work in collaboration with: do both of the following: (a) The Work in collaboration with the Occupational Health Branch of the State Department of Public Health to develop and implement a California occupational research agenda focused on the prevention of occupational injuries and illnesses that are most prevalent, serious, and costly for California employers and employees. (b) The Through an agreement with the University of California occupational health centers affiliated with regional schools of medicine and public health, as established by Section 50.8, to increase coordination and collaboration, including providing provide training to community-based health clinics that serve vulnerable workers, including non-English speakers, working in high-risk occupations. ### Summary: This bill would repeal Section 6354.7 of the Labor Code, which establishes the Workers’ Occupational Safety and Health Education Fund, and would amend

The people of the State of California do enact as follows: SECTION 1. Chapter 9.7 (commencing with Section 4450) is added to Division 2 of the Business and Professions Code, to read: CHAPTER 9.7. Alcohol and Drug Counseling Professionals Article 1. Administration 4450. For purposes of this chapter the following definitions apply: (a) “Bureau” means the Alcohol and Drug Counseling Professional Bureau established pursuant to Section 4452. (b) “Department” means the Department of Consumer Affairs. (c) “Director” means the Director of Consumer Affairs. 4451. (a) (1) There is established within the department the Alcohol and Drug Counseling Professional Bureau, under the supervision and control of the director. (2) (A) The duties of enforcing and administering this chapter is vested in the chief, of the bureau and he or she is responsible to the director for performing those duties. (B) The chief shall serve at the pleasure of director. (3) Every power granted or duty imposed upon the director pursuant to this chapter may be exercised or performed in the name of the director by a deputy director or by the chief, subject to the conditions and limitations that the director may prescribe. (b) Notwithstanding any other law, the powers and duties of the bureau pursuant to this chapter are subject to review by the appropriate policy committee of the Legislature. 4452. Protection of the public is the highest priority for the bureau in exercising its licensing, regulatory, and disciplinary functions. If the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. 4453. The bureau may adopt necessary rules and regulations for the administration and enforcement of this chapter and the laws subject to its jurisdiction and prescribe the form of statements and reports provided for in this chapter. The rules and regulations shall be adopted, amended, or repealed in accordance with the 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). 4454. The director may employ and appoint all employees necessary to properly administer the duties of the bureau in accordance with civil service regulations. Article 2. Licensing 4455. (a) No person shall use the title of licensed alcohol and drug counselor unless the person has applied for and obtained a license from the bureau. (b) An applicant for an alcohol and drug counselor license shall meet minimum qualifications that include, but are not limited to, all of the following: (1) Has earned a master of arts, master of science, or doctoral degree in addiction counseling, psychology, social work, counseling, marriage and family therapy, counseling psychology, clinical psychology, or other clinically focused major that requires no less than 21 semester units, or equivalent, of addiction specific education approved by a certifying organization recognized by the department, from an institution of higher learning accredited by a regional accrediting agency, or a board for private postsecondary education. (2) Has demonstrated competence by passing a master’s level exam accepted by a certifying organization approved by the State Department of Health Care Services. (3) Is currently credentialed as an advanced alcohol and drug counselor and in good standing with a certification organization recognized by the State Department of Health Care Services pursuant to Section 13035 of Title 9 of the California Code of Regulations, as that section read on January 1, 2017, and has no history of revocation by a certifying organization, licensure board, or certifying entity. (4) Has documented to the certifying organization that the applicant has completed all of the following courses: (A) Three semester units, or the equivalent, of psychopharmacology and physiology of addiction, including any of the following subjects: (i) Examination of the effects of alcohol and similar legal psychoactive drugs to the body and behavior. (ii) Damage to the body and behaviors. (iii) Damage to the brain, liver, and other organs. (iv) Tolerance, cross tolerance, and synergistic effects. (v) Physiological differences between males and females. (vi) Disease model, including neurobiological signs and symptoms. (B) Three semester units, or the equivalent, of clinical evaluation and psychopathology, including any of the following subjects: (i) Initial interviewing process. (ii) Biopsychosocial assessment. (iii) Differential diagnosis. (iv) Diagnostic summaries. (v) Cooccurring disorders, referral processes, and the evaluation of clients using placement criteria, including the American Society of Addiction Medicine patient placement criteria or other validated clinical tools, to determine the most appropriate level of care for the client and eligibility for admission to a particular alcohol and other drug abuse treatment program. (C) Three semester units, or the equivalent, of counseling psychotherapy for addiction, including all of the following subjects: (i) Introduction to counseling. (ii) Introduction to techniques and approaches. (iii) Crisis intervention. (iv) Individual counseling focused on addiction. (v) Group counseling. (vi) Family counseling as it pertains to addiction treatment. (D) Three semester units, or the equivalent, in case management, including all of the following subjects: (i) Community resources. (ii) Consultation. (iii) Documentation. (iv) Resources for persons who are HIV positive. (E) Three semester units, or the equivalent, of client education, including all of the following subjects: (i) Addiction recovery. (ii) Psychological client education. (iii) Biochemical and medical client education. (iv) Sociocultural client education. (v) Addiction recovery and psychological family education. (vi) Biomedical and sociocultural family education. (vii) Community and professional education. (F) Three semester units, or the equivalent, of professional responsibility law and ethics, including all of the following subjects: (i) Ethical standards, legal aspects, cultural competency, professional growth, personal growth, dimensions of recovery, clinical supervision, and consultation. (ii) Community involvement. (iii) Operating a private practice. (G) Three semester units, or the equivalent, of supervised fieldwork. (5) Has submitted to both a state and federal level criminal offender record information search pursuant to Section 4459. 4456. (a) For a period not to exceed one year, as determined by the bureau, from the date the bureau commences accepting applications for an initial license, an applicant who has a minimum of 12,000 hours experience is not required to meet the requirements of paragraphs (1), (2), and (4) of subdivision (b) of Section 4455. (b) Applicants who do not meet the requirements of paragraphs (1), (2), and (4) of subdivision (b) of Section 4455 shall sit for the masters level exam required by paragraph (2) of subdivision (b) of Section 4455 before the first renewal period and shall provide proof of passing the exam to the certifying organization before one year after the end of the first renewal period. 4457. (a) A license for an alcohol and drug counselor shall be valid for two years unless at any time during that period it is revoked or suspended. The license may be renewed prior to the expiration of the two-year period. (b) To qualify to renew the license, a licensee shall have completed 36 hours of continuing education units approved by the certification organization during the two-year license renewal period, which shall include six hours of ethics and law, six hours of cooccurring disorder, and three hours of cultural competency. (c) The department may revoke a license issued pursuant to this chapter if either of the following occurs: (1) The licensee loses his or her credential granted by the certifying organization. (2) The licensee has been convicted of a felony charge that is substantially related to the qualifications, functions, or duties of a licensed alcohol and drug counselor. A plea of guilty or nolo contendere to a felony charge shall be deemed a conviction for the purposes of this paragraph. 4458. The bureau shall establish the fees for an initial alcohol and drug counselor license or a renewal license in an amount reasonably related to the department’s actual costs in performing its duties under this chapter not to exceed two hundred dollars ($200). 4459. (a) Before issuing a license, the bureau shall review both the state and federal level criminal history of the applicant. (b) (1) (A) The department shall deny, suspend, delay, or set aside a person’s license if, at the time of the department’s determination, the person has a criminal conviction or criminal charge pending, relating to an offense, the circumstances of which substantially relate to actions as a licensed alcohol and drug counselor. (B) An applicant who has a criminal conviction or pending criminal charge shall request the appropriate authorities to provide information about the conviction or charge directly to the department in sufficient specificity to enable the department to make a determination as to whether the conviction or charge is substantially related to actions as a licensed alcohol and drug counselor. (2) However, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the department may waive the requirements of this subdivision if the department finds any of the following: (A) For waiver of a felony conviction, more than five years has elapsed since the date of the conviction. At the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on post-release community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service. (B) For waiver of a misdemeanor conviction or violation, at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on post-release community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service. (C) The applicant is capable of practicing licensed alcohol and drug treatment counselor services in a competent and professional manner. (D) Granting the waiver will not endanger the public health, safety, or welfare. (E) The applicant has not been convicted of a felony sexual offense. Article 3. Construction of Chapter 4460. (a) This chapter does not constrict, limit, or prohibit a facility or program that is licensed or certified by this state, a county-contracted alcohol and drug treatment facility or program, or a driving-under-the-influence program from employing or contracting with an alcohol and drug counselor who is certified by a certifying organization accredited and approved by this state pursuant to Chapter 8 (commencing with Section 13000) of Division 4 of Title 9 of the California Code of Regulations as that chapter read on January 1, 2017. (b) This chapter does not require a facility or program licensed or certified by this state, a county-operated or contracted alcohol and drug treatment program or facility, or a driving-under-the-influence program to utilize the services of an alcohol and drug counselor licensed pursuant to this chapter.

Existing law provides for the registration, certification, and licensure of various healing arts professionals. Existing law provides for various programs to eliminate alcohol and drug abuse, and states the finding of the Legislature that state government has an affirmative role in alleviating problems related to the inappropriate use of alcoholic beverages and other drug use. This bill, among other things, would establish the Alcohol and Drug Counseling Professional Bureau within the Department of Consumer Affairs, specify the bureau’s powers and duties, and authorize the bureau to adopt necessary rules and regulations. The bill would prohibit any a person from using the title licensed alcohol and drug counselor unless the person had applied for and obtained a license from the State Department of Health Care Services bureau and would specify the minimum qualifications for a license, including, but not limited to, educational qualifications, being currently credentialed as an advanced alcohol and drug counselor, and having submitted to a criminal background check. The bill would provide that a license for an alcohol and drug counselor would be valid for 2 years unless at any time during that period it is revoked or suspended, that the license would be authorized to be renewed prior to the expiration of the 2-year period, and that a licensee fulfill continuing education requirements prior to renewal. The bill would also require that the license fee the bureau to establish the fees for an original initial alcohol and drug counselor license and the license a renewal fee be license in an amount reasonably related to the department’s bureau’s actual costs in performing its duties under this part, duties, but to not exceed $200. This bill would require the department bureau to ensure that review the state and federal level criminal history of the applicant is reviewed before issuing a license, and the department bureau would be required, with exceptions, to deny, suspend, delay, or set aside a person’s license if, at the time of the department’s bureau’s determination, the person has a criminal conviction or pending criminal charge relating to an offense, the circumstances of which substantially relate to actions as a licensed alcohol and drug counselor. The bill would also require the department to oversee the disciplinary actions of certifying organizations it approves, as provided.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 9.7 (commencing with Section 4450) is added to Division 2 of the Business and Professions Code, to read: CHAPTER 9.7. Alcohol and Drug Counseling Professionals Article 1. Administration 4450. For purposes of this chapter the following definitions apply: (a) “Bureau” means the Alcohol and Drug Counseling Professional Bureau established pursuant to Section 4452. (b) “Department” means the Department of Consumer Affairs. (c) “Director” means the Director of Consumer Affairs. 4451. (a) (1) There is established within the department the Alcohol and Drug Counseling Professional Bureau, under the supervision and control of the director. (2) (A) The duties of enforcing and administering this chapter is vested in the chief, of the bureau and he or she is responsible to the director for performing those duties. (B) The chief shall serve at the pleasure of director. (3) Every power granted or duty imposed upon the director pursuant to this chapter may be exercised or performed in the name of the director by a deputy director or by the chief, subject to the conditions and limitations that the director may prescribe. (b) Notwithstanding any other law, the powers and duties of the bureau pursuant to this chapter are subject to review by the appropriate policy committee of the Legislature. 4452. Protection of the public is the highest priority for the bureau in exercising its licensing, regulatory, and disciplinary functions. If the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. 4453. The bureau may adopt necessary rules and regulations for the administration and enforcement of this chapter and the laws subject to its jurisdiction and prescribe the form of statements and reports provided for in this chapter. The rules and regulations shall be adopted, amended, or repealed in accordance with the 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). 4454. The director may employ and appoint all employees necessary to properly administer the duties of the bureau in accordance with civil service regulations. Article 2. Licensing 4455. (a) No person shall use the title of licensed alcohol and drug counselor unless the person has applied for and obtained a license from the bureau. (b) An applicant for an alcohol and drug counselor license shall meet minimum qualifications that include, but are not limited to, all of the following: (1) Has earned a master of arts, master of science, or doctoral degree in addiction counseling, psychology, social work, counseling, marriage and family therapy, counseling psychology, clinical psychology, or other clinically focused major that requires no less than 21 semester units, or equivalent, of addiction specific education approved by a certifying organization recognized by the department, from an institution of higher learning accredited by a regional accrediting agency, or a board for private postsecondary education. (2) Has demonstrated competence by passing a master’s level exam accepted by a certifying organization approved by the State Department of Health Care Services. (3) Is currently credentialed as an advanced alcohol and drug counselor and in good standing with a certification organization recognized by the State Department of Health Care Services pursuant to Section 13035 of Title 9 of the California Code of Regulations, as that section read on January 1, 2017, and has no history of revocation by a certifying organization, licensure board, or certifying entity. (4) Has documented to the certifying organization that the applicant has completed all of the following courses: (A) Three semester units, or the equivalent, of psychopharmacology and physiology of addiction, including any of the following subjects: (i) Examination of the effects of alcohol and similar legal psychoactive drugs to the body and behavior. (ii) Damage to the body and behaviors. (iii) Damage to the brain, liver, and other organs. (iv) Tolerance, cross tolerance, and synergistic effects. (v) Physiological differences between males and females. (vi) Disease model, including neurobiological signs and symptoms. (B) Three semester units, or the equivalent, of clinical evaluation and psychopathology, including any of the following subjects: (i) Initial interviewing process. (ii) Biopsychosocial assessment. (iii) Differential diagnosis. (iv) Diagnostic summaries. (v) Cooccurring disorders, referral processes, and the evaluation of clients using placement criteria, including the American Society of Addiction Medicine patient placement criteria or other validated clinical tools, to determine the most appropriate level of care for the client and eligibility for admission to a particular alcohol and other drug abuse treatment program. (C) Three semester units, or the equivalent, of counseling psychotherapy for addiction, including all of the following subjects: (i) Introduction to counseling. (ii) Introduction to techniques and approaches. (iii) Crisis intervention. (iv) Individual counseling focused on addiction. (v) Group counseling. (vi) Family counseling as it pertains to addiction treatment. (D) Three semester units, or the equivalent, in case management, including all of the following subjects: (i) Community resources. (ii) Consultation. (iii) Documentation. (iv) Resources for persons who are HIV positive. (E) Three semester units, or the equivalent, of client education, including all of the following subjects: (i) Addiction recovery. (ii) Psychological client education. (iii) Biochemical and medical client education. (iv) Sociocultural client education. (v) Addiction recovery and psychological family education. (vi) Biomedical and sociocultural family education. (vii) Community and professional education. (F) Three semester units, or the equivalent, of professional responsibility law and ethics, including all of the following subjects: (i) Ethical standards, legal aspects, cultural competency, professional growth, personal growth, dimensions of recovery, clinical supervision, and consultation. (ii) Community involvement. (iii) Operating a private practice. (G) Three semester units, or the equivalent, of supervised fieldwork. (5) Has submitted to both a state and federal level criminal offender record information search pursuant to Section 4459. 4456. (a) For a period not to exceed one year, as determined by the bureau, from the date the bureau commences accepting applications for an initial license, an applicant who has a minimum of 12,000 hours experience is not required to meet the requirements of paragraphs (1), (2), and (4) of subdivision (b) of Section 4455. (b) Applicants who do not meet the requirements of paragraphs (1), (2), and (4) of subdivision (b) of Section 4455 shall sit for the masters level exam required by paragraph (2) of subdivision (b) of Section 4455 before the first renewal period and shall provide proof of passing the exam to the certifying organization before one year after the end of the first renewal period. 4457. (a) A license for an alcohol and drug counselor shall be valid for two years unless at any time during that period it is revoked or suspended. The license may be renewed prior to the expiration of the two-year period. (b) To qualify to renew the license, a licensee shall have completed 36 hours of continuing education units approved by the certification organization during the two-year license renewal period, which shall include six hours of ethics and law, six hours of cooccurring disorder, and three hours of cultural competency. (c) The department may revoke a license issued pursuant to this chapter if either of the following occurs: (1) The licensee loses his or her credential granted by the certifying organization. (2) The licensee has been convicted of a felony charge that is substantially related to the qualifications, functions, or duties of a licensed alcohol and drug counselor. A plea of guilty or nolo contendere to a felony charge shall be deemed a conviction for the purposes of this paragraph. 4458. The bureau shall establish the fees for an initial alcohol and drug counselor license or a renewal license in an amount reasonably related to the department’s actual costs in performing its duties under this chapter not to exceed two hundred dollars ($200). 4459. (a) Before issuing a license, the bureau shall review both the state and federal level criminal history of the applicant. (b) (1) (A) The department shall deny, suspend, delay, or set aside a person’s license if, at the time of the department’s determination, the person has a criminal conviction or criminal charge pending, relating to an offense, the circumstances of which substantially relate to actions as a licensed alcohol and drug counselor. (B) An applicant who has a criminal conviction or pending criminal charge shall request the appropriate authorities to provide information about the conviction or charge directly to the department in sufficient specificity to enable the department to make a determination as to whether the conviction or charge is substantially related to actions as a licensed alcohol and drug counselor. (2) However, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the department may waive the requirements of this subdivision if the department finds any of the following: (A) For waiver of a felony conviction, more than five years has elapsed since the date of the conviction. At the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on post-release community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service. (B) For waiver of a misdemeanor conviction or violation, at the time of the application, the applicant is not incarcerated, on work release, on probation, on parole, on post-release community supervision, or serving any part of a suspended sentence and the applicant is in substantial compliance with all court orders pertaining to fines, restitution, or community service. (C) The applicant is capable of practicing licensed alcohol and drug treatment counselor services in a competent and professional manner. (D) Granting the waiver will not endanger the public health, safety, or welfare. (E) The applicant has not been convicted of a felony sexual offense. Article 3. Construction of Chapter 4460. (a) This chapter does not constrict, limit, or prohibit a facility or program that is licensed or certified by this state, a county-contracted alcohol and drug treatment facility or program, or a driving-under-the-influence program from employing or contracting with an alcohol and drug counselor who is certified by a certifying organization accredited and approved by this state pursuant to Chapter 8 (commencing with Section 13000) of Division 4 of Title 9 of the California Code of Regulations as that chapter read on January 1, 2017. (b) This chapter does not require a facility or program licensed or certified by this state, a county-operated or contracted alcohol and drug treatment program or facility, or a driving-under-the-influence program to utilize the services of an alcohol and drug counselor licensed pursuant to this chapter. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 7282.5 is added to the Revenue and Taxation Code, to read: 7282.5. (a) For purposes of this section, the following terms have the following meanings: (1) “Collecting platform” means a platform that elects to assume the responsibility for collecting and remitting to a city, county, or city and county on behalf of an operator, the amount of any tax levied pursuant to an ordinance adopted pursuant to this chapter 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. (2) “Collecting jurisdiction” means a city, county, or city and county that elects to retain the responsibility for collecting a tax levied pursuant to an ordinance adopted pursuant to this chapter directly from operators, rather than having a collecting platform collect and remit the tax on an operator’s behalf pursuant to subdivision (b). (3) “Operator” means a person offering, through a platform, to make a unit available for tourist or transient use. (4) “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. (b) On and after July 1, 2017, every collecting platform shall collect on behalf of an operator the amount of any tax levied pursuant to an ordinance adopted pursuant to this chapter on every rental transaction that is facilitated by the collecting platform for a unit that is offered for occupancy for tourist or transient use for compensation to the operator and is not located within a collecting jurisdiction. The collecting platform shall remit the amount to the city, county, or city and county that levied the tax pursuant to applicable requirements of local ordinances governing the tax. (c) (1) 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 become a collecting 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 become a collecting jurisdiction. (2) The Controller shall also develop and publicly notice both of the following: (A) Procedures that a collecting platform shall use to notify the Controller if the collecting platform discontinues its election to become a collecting platform. (B) Procedures that a collecting jurisdiction shall use to notify the Controller if the collecting jurisdiction discontinues its election to become a collecting jurisdiction. (d) (1) On or before April 30, 2017, a platform may elect to become a collecting platform by using the procedures developed pursuant to paragraph (1) of subdivision (c) to notify the Controller of the platform’s election. (2) On or before April 30, 2017, a city, county, or city and county may elect to become a collecting jurisdiction by using the procedures developed pursuant to paragraph (1) of subdivision (c) to notify the Controller of the city’s, county’s, or city and county’s election. The legislative body of the city, county, or city and county shall approve the notice in a public hearing before submitting the notice to the Controller. (3) An election made pursuant to this subdivision is effective upon receipt by the Controller and until discontinued by the platform or city, county, or city and county pursuant to subdivision (f). (4) 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 notice to the Controller pursuant to this subdivision as soon as possible upon receipt, but in no event later than May 31, 2017. (e) On or after July 1, 2017, a platform that did not elect to become a collecting platform pursuant to subdivision (d) may elect to become a collecting platform by using the procedures developed pursuant to paragraph (1) of subdivision (c) to notify the Controller of the platform’s election. An election made pursuant to this subdivision 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 subdivision (f). The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform that has provided a notice to the Controller pursuant to this subdivision as soon as possible upon receipt. (f) (1) On or before June 30, 2019, or June 30 of any odd-numbered year thereafter, a collecting platform may elect to discontinue its status as a collecting platform by using the procedures developed pursuant to paragraph (2) of subdivision (c) to notify the Controller of the collecting platform’s election. (2) On or before June 30, 2019, or June 30 of any odd-numbered year thereafter, a collecting jurisdiction may elect to discontinue its status as a collecting jurisdiction, or a city, county, or city and county may elect to become a collecting jurisdiction, by using the procedures developed pursuant to subdivision (c) to notify the Controller of the collecting jurisdiction’s or city’s, county’s, or city and county’s election. (3) An election made pursuant to this subdivision is effective on July 1, 2020 or, if the election is submitted on or before June 30 of an odd-numbered year thereafter, July 1 of the first even-numbered year after the election, whichever is later. (g) (1) Commencing on January 1, 2017, and by December 31 of each year thereafter, the Controller shall review or audit a collecting platform’s collection and remittance of tax revenue pursuant to subdivision (b). For each collecting platform reviewed or audited, the Controller shall submit a report to each city, county, or city and county in which the collecting platform collected and remitted taxes. The report shall contain a description of the review or audit findings and identify any errors in the collection and remittance of tax revenues within each city, county, or city and county that were determined as a result of the review or audit. The audit or review shall not reveal any personally identifiable taxpayer or operator information, including, but not limited, to a taxpayer’s or operator’s name and property address. (2) It is unlawful for the Controller, any person having an administrative duty under this section, or any person who obtains access to information contained in, or derived from, any audit or review, report, or other records of the Controller pursuant to this section, to make known in any manner whatever the business affairs, operations, or any other information pertaining to any platform or any other person required to provide information subject to audit or review to the Controller or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any such information provided to the Controller, or to permit any audit or review or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person. (3) When requested by a city, county, or city and county that is not a collecting jurisdiction, the Controller shall permit any duly authorized officer or employee of that city, county, or city and county to examine the records of the Controller pertaining to the audit or review of collections by a platform within that city, county, or city and county. Except as otherwise provided herein, this paragraph shall not be construed to allow any officer or employee of that city, county, or city and county to examine any records of any platform. Information obtained by examination of Controller records as permitted in this paragraph shall be used only for purposes related to the collection of local transient occupancy tax. (4) If the Controller believes that any information obtained pursuant to paragraph (3) has been disclosed to any person or has been used for purposes not permitted by paragraph (3), then notwithstanding paragraph (3), the Controller may impose conditions on access to the Controller’s records that the Controller considers reasonable in order to protect the confidentiality of those records. (5) A platform, city, county, or city and county may appeal any findings identified in a review or audit report submitted pursuant to paragraph (1) 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 issued 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. (6) The Controller may recover the reasonable costs, measured by the Controller’s standard rate, of an audit or review conducted pursuant to paragraph (1) from the collecting platform that was audited or reviewed. (h) Unless the platform and the city, county, or city and county mutually agree to terminate the agreement, all of the following shall apply to a platform and a city, county, or city and county that, on or before June 1, 2016, have entered into a binding legal agreement relating to the collection of any tax levied pursuant to this chapter: (1) The platform and the city, county, or city and county shall continue to be bound by the agreement and any election made by the platform or the city, county, or city and county pursuant to this section shall not be effective as to any other party to the agreement. (2) The platform and the city, county, or city and county shall notify the Controller of the agreement. (3) The platform’s collection or remittance of taxes levied pursuant to this chapter pursuant to the agreement shall not be subject to review or audit by the Controller pursuant to subdivision (g). (i) A collecting platform that complies with review or audit parameters established by the Controller pursuant to this section shall not be required to provide to any local jurisdiction, including a collecting jurisdiction, personally identifiable information relating to operators using the collecting platform, or concerning transactions facilitated in the local jurisdiction by the collecting platform. (j) This section does not limit the existing authority of a local jurisdiction to regulate operators, including any local regulation that requires operators to provide information concerning transactions conducted in the jurisdiction, provided that the requirements do not discriminate against transactions facilitated through a platform. SEC. 2. The Legislature finds and declares that providing short-term rental online platforms with uniform transient occupancy tax administration requirements will establish a level playing field among all providers and decrease the cost of complying with statutory collection and remittance requirements, and is therefore a matter of statewide concern and shall apply to charter cities, charter counties, and charter cities and counties. SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 7282.5 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: Limiting disclosure of records obtained or generated by the Controller or a city, county, or city and county 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 confidentiality of taxpayer information and ensuring that this information is not used for improper purposes. SEC. 4. The Legislature finds and declares that Section 1 of this act, which adds Section 7282.5 to the Revenue and Taxation 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: The preservation of the confidentiality of taxpayer information is furthered by ensuring that cities, counties, and cities and counties do not disclose information contained in, or derived from, any audit or review conducted by the Controller of a platform’s collection and remittance of transient occupancy taxes. SECTION 1. Section 53051 of the Government Code is amended to read: 53051. (a)Within 50 working days after the date of commencement of its legal existence, the governing body of each public agency shall file with the Secretary of State on a form prescribed by the Secretary of State and also with the county clerk of each county in which the public agency maintains an office, a statement of the following facts: (1)The full, legal name of the public agency. (2)The official mailing address of the governing body of the public agency. (3)The name and residence or business address of each member of the governing body of the public agency. (4)The name, title, and residence or business address of the chairman, president, or other presiding officer, and clerk or secretary of the governing body of such public agency. (b)Within 10 working days after any change in the facts required to be stated pursuant to subdivision (a), an amended statement containing the information required by subdivision (a) shall be filed as provided therein. The information submitted to the Secretary of State shall be on a form prescribed by the Secretary of State. (c)It shall be the duty of the Secretary of State and of the county clerk of each county to establish and maintain an indexed “Roster of Public Agencies,” to be so designated, which shall contain all information filed as required in subdivisions (a) and (b), which roster is hereby declared to be a public record.

(1) Existing law authorizes a city, county, or city and county to impose a tax on the privilege of occupying a room 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. This bill, on and after July 1, 2017, would require every platform, as defined, that elects to assume the responsibility of collecting and remitting transient occupancy taxes on behalf of an operator to collect and remit the amount of the tax levied on a rental transaction facilitated by the platform for a unit that is offered for tourist or transient use and is located within a city, county, or city and county that has not elected to retain the responsibility for directly collecting the tax from operators, as specified. The bill would authorize a platform to make its election to assume responsibility, and a city, county, or city and county to make its election to retain responsibility, by notifying the Controller of the election on or before April 30, 2017. The bill would authorize a platform that does not make its election by April 30, 2017, to elect to assume responsibility by notifying the Controller on or after July 1, 2017, and would make this election effective 6 months after the Controller’s receipt of the notification or on the date specified in the notice, whichever is later. The bill would authorize a platform to discontinue an election, and a city, county, or city and county to make or discontinue an election, by notifying the Controller on or before June 30, 2019, or June 30 of any odd-numbered year thereafter, and would make this discontinuance or election effective on July 1, 2020, or July 1 of the first even-numbered year after notification. This bill, commencing on January 1, 2017, 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 bill and would prohibit the Controller or any person who obtains access to information contained in, or derived from, the review or audit to disclose information pertaining to any platform or other person required to provide information subject to audit or review, as specified. The bill would provide that a platform and a city, county, or city and county that, on or before June 1, 2016, have entered into a binding legal agreement relating to the collection of transient occupancy taxes are bound by the agreement and are required to notify the Controller of the agreement, that any election made to the Controller by the platform or the city, county, or city and county is not effective as to any other party to the agreement, and that the platform’s collection and remittance of transient occupancy taxes pursuant to the agreement are not subject to audit or review by the Controller pursuant to the bill, unless the platform and the city, county, and city and county mutually agree to terminate the agreement. (2) The California Constitution authorizes a city or county to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. This bill would find and declare that providing short-term rental online platforms with uniform transient occupancy tax administration requirements is a matter of statewide concern, and that the bill therefore applies to charter cities, charter counties, and charter cities and counties. (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 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 the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. Existing law requires the governing body of each public agency, as defined, within 70 days after the commencement of its legal existence, to file, with the Secretary of State and the county clerk of each county in which the public agency maintains an office, a statement containing specified information about the public agency and its governing board and officers. Existing law requires, within 10 days after any change in that information, an amended statement to be filed. This bill instead would require the statement to be filed within 50 working days after the date of commencement of an agency legal existence and would require an amended statement to be filed within 10 working days after any change in the information.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 7282.5 is added to the Revenue and Taxation Code, to read: 7282.5. (a) For purposes of this section, the following terms have the following meanings: (1) “Collecting platform” means a platform that elects to assume the responsibility for collecting and remitting to a city, county, or city and county on behalf of an operator, the amount of any tax levied pursuant to an ordinance adopted pursuant to this chapter 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. (2) “Collecting jurisdiction” means a city, county, or city and county that elects to retain the responsibility for collecting a tax levied pursuant to an ordinance adopted pursuant to this chapter directly from operators, rather than having a collecting platform collect and remit the tax on an operator’s behalf pursuant to subdivision (b). (3) “Operator” means a person offering, through a platform, to make a unit available for tourist or transient use. (4) “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. (b) On and after July 1, 2017, every collecting platform shall collect on behalf of an operator the amount of any tax levied pursuant to an ordinance adopted pursuant to this chapter on every rental transaction that is facilitated by the collecting platform for a unit that is offered for occupancy for tourist or transient use for compensation to the operator and is not located within a collecting jurisdiction. The collecting platform shall remit the amount to the city, county, or city and county that levied the tax pursuant to applicable requirements of local ordinances governing the tax. (c) (1) 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 become a collecting 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 become a collecting jurisdiction. (2) The Controller shall also develop and publicly notice both of the following: (A) Procedures that a collecting platform shall use to notify the Controller if the collecting platform discontinues its election to become a collecting platform. (B) Procedures that a collecting jurisdiction shall use to notify the Controller if the collecting jurisdiction discontinues its election to become a collecting jurisdiction. (d) (1) On or before April 30, 2017, a platform may elect to become a collecting platform by using the procedures developed pursuant to paragraph (1) of subdivision (c) to notify the Controller of the platform’s election. (2) On or before April 30, 2017, a city, county, or city and county may elect to become a collecting jurisdiction by using the procedures developed pursuant to paragraph (1) of subdivision (c) to notify the Controller of the city’s, county’s, or city and county’s election. The legislative body of the city, county, or city and county shall approve the notice in a public hearing before submitting the notice to the Controller. (3) An election made pursuant to this subdivision is effective upon receipt by the Controller and until discontinued by the platform or city, county, or city and county pursuant to subdivision (f). (4) 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 notice to the Controller pursuant to this subdivision as soon as possible upon receipt, but in no event later than May 31, 2017. (e) On or after July 1, 2017, a platform that did not elect to become a collecting platform pursuant to subdivision (d) may elect to become a collecting platform by using the procedures developed pursuant to paragraph (1) of subdivision (c) to notify the Controller of the platform’s election. An election made pursuant to this subdivision 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 subdivision (f). The Controller shall publicly identify, by posting on the Controller’s Internet Web site, each platform that has provided a notice to the Controller pursuant to this subdivision as soon as possible upon receipt. (f) (1) On or before June 30, 2019, or June 30 of any odd-numbered year thereafter, a collecting platform may elect to discontinue its status as a collecting platform by using the procedures developed pursuant to paragraph (2) of subdivision (c) to notify the Controller of the collecting platform’s election. (2) On or before June 30, 2019, or June 30 of any odd-numbered year thereafter, a collecting jurisdiction may elect to discontinue its status as a collecting jurisdiction, or a city, county, or city and county may elect to become a collecting jurisdiction, by using the procedures developed pursuant to subdivision (c) to notify the Controller of the collecting jurisdiction’s or city’s, county’s, or city and county’s election. (3) An election made pursuant to this subdivision is effective on July 1, 2020 or, if the election is submitted on or before June 30 of an odd-numbered year thereafter, July 1 of the first even-numbered year after the election, whichever is later. (g) (1) Commencing on January 1, 2017, and by December 31 of each year thereafter, the Controller shall review or audit a collecting platform’s collection and remittance of tax revenue pursuant to subdivision (b). For each collecting platform reviewed or audited, the Controller shall submit a report to each city, county, or city and county in which the collecting platform collected and remitted taxes. The report shall contain a description of the review or audit findings and identify any errors in the collection and remittance of tax revenues within each city, county, or city and county that were determined as a result of the review or audit. The audit or review shall not reveal any personally identifiable taxpayer or operator information, including, but not limited, to a taxpayer’s or operator’s name and property address. (2) It is unlawful for the Controller, any person having an administrative duty under this section, or any person who obtains access to information contained in, or derived from, any audit or review, report, or other records of the Controller pursuant to this section, to make known in any manner whatever the business affairs, operations, or any other information pertaining to any platform or any other person required to provide information subject to audit or review to the Controller or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any such information provided to the Controller, or to permit any audit or review or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person. (3) When requested by a city, county, or city and county that is not a collecting jurisdiction, the Controller shall permit any duly authorized officer or employee of that city, county, or city and county to examine the records of the Controller pertaining to the audit or review of collections by a platform within that city, county, or city and county. Except as otherwise provided herein, this paragraph shall not be construed to allow any officer or employee of that city, county, or city and county to examine any records of any platform. Information obtained by examination of Controller records as permitted in this paragraph shall be used only for purposes related to the collection of local transient occupancy tax. (4) If the Controller believes that any information obtained pursuant to paragraph (3) has been disclosed to any person or has been used for purposes not permitted by paragraph (3), then notwithstanding paragraph (3), the Controller may impose conditions on access to the Controller’s records that the Controller considers reasonable in order to protect the confidentiality of those records. (5) A platform, city, county, or city and county may appeal any findings identified in a review or audit report submitted pursuant to paragraph (1) 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 issued 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. (6) The Controller may recover the reasonable costs, measured by the Controller’s standard rate, of an audit or review conducted pursuant to paragraph (1) from the collecting platform that was audited or reviewed. (h) Unless the platform and the city, county, or city and county mutually agree to terminate the agreement, all of the following shall apply to a platform and a city, county, or city and county that, on or before June 1, 2016, have entered into a binding legal agreement relating to the collection of any tax levied pursuant to this chapter: (1) The platform and the city, county, or city and county shall continue to be bound by the agreement and any election made by the platform or the city, county, or city and county pursuant to this section shall not be effective as to any other party to the agreement. (2) The platform and the city, county, or city and county shall notify the Controller of the agreement. (3) The platform’s collection or remittance of taxes levied pursuant to this chapter pursuant to the agreement shall not be subject to review or audit by the Controller pursuant to subdivision (g). (i) A collecting platform that complies with review or audit parameters established by the Controller pursuant to this section shall not be required to provide to any local jurisdiction, including a collecting jurisdiction, personally identifiable information relating to operators using the collecting platform, or concerning transactions facilitated in the local jurisdiction by the collecting platform. (j) This section does not limit the existing authority of a local jurisdiction to regulate operators, including any local regulation that requires operators to provide information concerning transactions conducted in the jurisdiction, provided that the requirements do not discriminate against transactions facilitated through a platform. SEC. 2. The Legislature finds and declares that providing short-term rental online platforms with uniform transient occupancy tax administration requirements will establish a level playing field among all providers and decrease the cost of complying with statutory collection and remittance requirements, and is therefore a matter of statewide concern and shall apply to charter cities, charter counties, and charter cities and counties. SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 7282.5 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: Limiting disclosure of records obtained or generated by the Controller or a city, county, or city and county 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 confidentiality of taxpayer information and ensuring that this information is not used for improper purposes. SEC. 4. The Legislature finds and declares that Section 1 of this act, which adds Section 7282.5 to the Revenue and Taxation 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: The preservation of the confidentiality of taxpayer information is furthered by ensuring that cities, counties, and cities and counties do not disclose information contained in, or derived from, any audit or review conducted by the Controller of a platform’s collection and remittance of transient occupancy taxes. SECTION 1. Section 53051 of the Government Code is amended to read: 53051. (a)Within 50 working days after the date of commencement of its legal existence, the governing body of each public agency shall file with the Secretary of State on a form prescribed by the Secretary of State and also with the county clerk of each county in which the public agency maintains an office, a statement of the following facts: (1)The full, legal name of the public agency. (2)The official mailing address of the governing body of the public agency. (3)The name and residence or business address of each member of the governing body of the public agency. (4)The name, title, and residence or business address of the chairman, president, or other presiding officer, and clerk or secretary of the governing body of such public agency. (b)Within 10 working days after any change in the facts required to be stated pursuant to subdivision (a), an amended statement containing the information required by subdivision (a) shall be filed as provided therein. The information submitted to the Secretary of State shall be on a form prescribed by the Secretary of State. (c)It shall be the duty of the Secretary of State and of the county clerk of each county to establish and maintain an indexed “Roster of Public Agencies,” to be so designated, which shall contain all information filed as required in subdivisions (a) and (b), which roster is hereby declared to be a public record. ### Summary: This bill amends the Revenue and Taxation Code to require online platforms to collect and remit transient occupancy taxes on behalf of short-term rental operators. The bill also requires

The people of the State of California do enact as follows: SECTION 1. Section 17053.5 of the Revenue and Taxation Code is amended to read: 17053.5. (a) (1) For a qualified renter, there shall be allowed a credit against his or her “net tax,” as defined in Section 17039. The amount of the credit shall be as follows: (A) For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred twenty dollars ($120) for taxable years beginning before January 1, 2016, and two hundred dollars ($200) for taxable years beginning on or after January 1, 2016, if adjusted gross income is fifty thousand dollars ($50,000) or less. (B) For other individuals, the credit shall be equal to sixty dollars ($60) for taxable years beginning before January 1, 2016, and one hundred dollars ($100) for taxable years beginning on or after January 1, 2016, if adjusted gross income is twenty-five thousand dollars ($25,000) or less. (2) Except as provided in subdivision (b), a husband and wife shall receive but one credit under this section. If the husband and wife file separate returns, the credit may be taken by either or equally divided between them, except as follows: (A) If one spouse was a resident for the entire taxable year and the other spouse was a nonresident for part or all of the taxable year, the resident spouse shall be allowed one-half the credit allowed to married persons and the nonresident spouse shall be permitted one-half the credit allowed to married persons, prorated as provided in subdivision (e). (B) If both spouses were nonresidents for part of the taxable year, the credit allowed to married persons shall be divided equally between them subject to the proration provided in subdivision (e). (b) For a husband and wife, if each spouse maintained a separate place of residence and resided in this state during the entire taxable year, each spouse will be allowed one-half the full credit allowed to married persons provided in subdivision (a). (c) For purposes of this section, a “qualified renter” means an individual who satisfies both of the following: (1) Was a resident of this state, as defined in Section 17014. (2) Rented and occupied premises in this state which constituted his or her principal place of residence during at least 50 percent of the taxable year. (d) “Qualified renter” does not include any of the following: (1) An individual who for more than 50 percent of the taxable year rented and occupied premises that were exempt from property taxes, except that an individual, otherwise qualified, is deemed a qualified renter if he or she or his or her landlord pays possessory interest taxes, or the owner of those premises makes payments in lieu of property taxes that are substantially equivalent to property taxes paid on properties of comparable market value. (2) An individual whose principal place of residence for more than 50 percent of the taxable year is with another person who claimed that individual as a dependent for income tax purposes. (3) An individual who has been granted or whose spouse has been granted the homeowners’ property tax exemption during the taxable year. This paragraph does not apply to an individual whose spouse has been granted the homeowners’ property tax exemption if each spouse maintained a separate residence for the entire taxable year. (e) An otherwise qualified renter who is a nonresident for any portion of the taxable year shall claim the credits set forth in subdivision (a) at the rate of one-twelfth of those credits for each full month that individual resided within this state during the taxable year. (f) A person claiming the credit provided in this section shall, as part of that claim, and under penalty of perjury, furnish that information as the Franchise Tax Board prescribes on a form supplied by the board. (g) The credit provided in this section shall be claimed on returns in the form as the Franchise Tax Board may from time to time prescribe. (h) For purposes of this section, “premises” means a house or a dwelling unit used to provide living accommodations in a building or structure and the land incidental thereto, but does not include land only, unless the dwelling unit is a mobilehome. The credit is not allowed for any taxable year for the rental of land upon which a mobilehome is located if the mobilehome has been granted a homeowners’ exemption under Section 218 in that year. (i) This section shall become operative on January 1, 1998, and applies to any taxable year beginning on or after January 1, 1998. (j) For each taxable year beginning on or after January 1, 1999, the Franchise Tax Board shall recompute the adjusted gross income amounts set forth in subdivision (a). The computation shall be made as follows: (1) The 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 year, no later than August 1 of the current calendar year. (2) The Franchise Tax Board shall compute an inflation adjustment factor by adding 100 percent to the portion of the percentage change figure which is furnished pursuant to paragraph (1) and dividing the result by 100. (3) The Franchise Tax Board shall multiply the amount in subparagraph (B) of paragraph (1) of subdivision (d) for the preceding taxable year by the inflation adjustment factor determined in paragraph (2), and round off the resulting products to the nearest one dollar ($1). (4) In computing the amounts pursuant to this subdivision, the amounts provided in subparagraph (A) of paragraph (1) of subdivision (a) shall be twice the amount provided in subparagraph (B) of paragraph (1) of subdivision (a). SECTION 1. Section 17053.5 of the Revenue and Taxation Code is amended to read: 17053.5. (a)(1)For a qualified renter, there shall be allowed a credit against his or her “net tax,” as defined in Section 17039. The amount of the credit shall be as follows: (A)For taxable years beginning before January 1, 2017: (i) For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred twenty dollars ($120) if adjusted gross income is fifty thousand dollars ($50,000) or less. (ii) For other individuals, the credit shall be equal to sixty dollars ($60) if adjusted gross income is twenty-five thousand dollars ($25,000) or less. (B)For taxable years beginning on or after January 1, 2017: (i)For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred eighty-four dollars ($184) if adjusted gross income is one hundred thousand dollars ($100,000) or less. (ii)For other individuals, the credit shall be equal to ninety-two dollars ($92) if adjusted gross income is fifty thousand dollars ($50,000) or less. (2)Except as provided in subdivision (b), a husband and wife shall receive one credit under this section. If the husband and wife file separate returns, the credit may be taken by either or equally divided between them, except as follows: (A)If one spouse was a resident for the entire taxable year and the other spouse was a nonresident for part or all of the taxable year, the resident spouse shall be allowed one-half the credit allowed to married persons and the nonresident spouse shall be permitted one-half the credit allowed to married persons, prorated as provided in subdivision (e). (B)If both spouses were nonresidents for part of the taxable year, the credit allowed to married persons shall be divided equally between them subject to the proration provided in subdivision (e). (b)For a husband and wife, if each spouse maintained a separate place of residence and resided in this state during the entire taxable year, each spouse will be allowed one-half the full credit allowed to married persons provided in subdivision (a). (c)For purposes of this section, a “qualified renter” means an individual who satisfies both of the following: (1)Was a resident of this state, as defined in Section 17014. (2)Rented and occupied premises in this state which constituted his or her principal place of residence during at least 50 percent of the taxable year. (d)“Qualified renter” does not include any of the following: (1)An individual who for more than 50 percent of the taxable year rented and occupied premises that were exempt from property taxes, except that an individual, otherwise qualified, is deemed a qualified renter if he or she or his or her landlord pays possessory interest taxes, or the owner of those premises makes payments in lieu of property taxes that are substantially equivalent to property taxes paid on properties of comparable market value. (2)An individual whose principal place of residence for more than 50 percent of the taxable year is with any other person who claimed that individual as a dependent for income tax purposes. (3)An individual who has been granted or whose spouse has been granted the homeowners’ property tax exemption during the taxable year. This paragraph does not apply to an individual whose spouse has been granted the homeowners’ property tax exemption if each spouse maintained a separate residence for the entire taxable year. (e)An otherwise qualified renter who is a nonresident for any portion of the taxable year shall claim the credits set forth in subdivision (a) at the rate of one-twelfth of those credits for each full month that individual resided within this state during the taxable year. (f)A person claiming the credit provided in this section shall, as part of that claim, and under penalty of perjury, furnish that information as the Franchise Tax Board prescribes on a form supplied by the board. (g)The credit provided in this section shall be claimed on returns in the form as the Franchise Tax Board may from time to time prescribe. (h)For purposes of this section, “premises” means a house or a dwelling unit used to provide living accommodations in a building or structure and the land incidental thereto, but does not include land only, unless the dwelling unit is a mobilehome. The credit is not allowed for any taxable year for the rental of land upon which a mobilehome is located if the mobilehome has been granted a homeowners’ exemption under Section 218 in that year. (i)This section shall become operative on January 1, 1998, and applies to any taxable year beginning on or after January 1, 1998. (j)For each taxable year beginning on or after January 1, 1999, and before January 1, 2017, and for each taxable year beginning on or after January 1, 2018, the Franchise Tax Board shall recompute the adjusted gross income amounts set forth in subparagraphs (A) and (B), respectively, of paragraph (1) of subdivision (a). The computation shall be made as follows: (1)The 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 year, no later than August 1 of the current calendar year. (2)The Franchise Tax Board shall compute an inflation adjustment factor by adding 100 percent to that portion of the percentage change figure furnished pursuant to paragraph (1) and dividing the result by 100. (3)The Franchise Tax Board shall multiply the amounts in paragraph (1) of subdivision (a) for the preceding taxable year by the inflation adjustment factor determined in paragraph (2), and round off the resulting products to the nearest one dollar ($1). (4)(A)In computing the amounts pursuant to this subdivision, the amounts provided in clause (i) of subparagraph (A) of paragraph (1) of subdivision (a) shall be twice the amount provided in clause (ii) of subparagraph (A) of paragraph (1) of subdivision (a). (B)In computing the amounts pursuant to this subdivision, the amounts provided in clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) shall be twice the amount provided in clause (ii) of subparagraph (B) of paragraph (1) of subdivision (a). SEC. 2. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.

The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for married couples filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000, as adjusted currently to $76,518, or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000, as adjusted currently to $38,259, or less. This bill would, bill, for taxable years beginning on and after January 1, 2017, 2016, instead would increase this credit for a qualified renter to $184 $200 for married couples filing joint returns, heads of household, and surviving spouses, if adjusted gross income is $100,000 or less and to an amount equal and to $92 $100 for other individuals whose adjusted gross income is $50,000 or less. The bill would require the Franchise Tax Board to annually adjust the adjusted gross income amounts for inflation, beginning January 1, 2018. individuals. This bill would take effect immediately as a tax levy.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 17053.5 of the Revenue and Taxation Code is amended to read: 17053.5. (a) (1) For a qualified renter, there shall be allowed a credit against his or her “net tax,” as defined in Section 17039. The amount of the credit shall be as follows: (A) For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred twenty dollars ($120) for taxable years beginning before January 1, 2016, and two hundred dollars ($200) for taxable years beginning on or after January 1, 2016, if adjusted gross income is fifty thousand dollars ($50,000) or less. (B) For other individuals, the credit shall be equal to sixty dollars ($60) for taxable years beginning before January 1, 2016, and one hundred dollars ($100) for taxable years beginning on or after January 1, 2016, if adjusted gross income is twenty-five thousand dollars ($25,000) or less. (2) Except as provided in subdivision (b), a husband and wife shall receive but one credit under this section. If the husband and wife file separate returns, the credit may be taken by either or equally divided between them, except as follows: (A) If one spouse was a resident for the entire taxable year and the other spouse was a nonresident for part or all of the taxable year, the resident spouse shall be allowed one-half the credit allowed to married persons and the nonresident spouse shall be permitted one-half the credit allowed to married persons, prorated as provided in subdivision (e). (B) If both spouses were nonresidents for part of the taxable year, the credit allowed to married persons shall be divided equally between them subject to the proration provided in subdivision (e). (b) For a husband and wife, if each spouse maintained a separate place of residence and resided in this state during the entire taxable year, each spouse will be allowed one-half the full credit allowed to married persons provided in subdivision (a). (c) For purposes of this section, a “qualified renter” means an individual who satisfies both of the following: (1) Was a resident of this state, as defined in Section 17014. (2) Rented and occupied premises in this state which constituted his or her principal place of residence during at least 50 percent of the taxable year. (d) “Qualified renter” does not include any of the following: (1) An individual who for more than 50 percent of the taxable year rented and occupied premises that were exempt from property taxes, except that an individual, otherwise qualified, is deemed a qualified renter if he or she or his or her landlord pays possessory interest taxes, or the owner of those premises makes payments in lieu of property taxes that are substantially equivalent to property taxes paid on properties of comparable market value. (2) An individual whose principal place of residence for more than 50 percent of the taxable year is with another person who claimed that individual as a dependent for income tax purposes. (3) An individual who has been granted or whose spouse has been granted the homeowners’ property tax exemption during the taxable year. This paragraph does not apply to an individual whose spouse has been granted the homeowners’ property tax exemption if each spouse maintained a separate residence for the entire taxable year. (e) An otherwise qualified renter who is a nonresident for any portion of the taxable year shall claim the credits set forth in subdivision (a) at the rate of one-twelfth of those credits for each full month that individual resided within this state during the taxable year. (f) A person claiming the credit provided in this section shall, as part of that claim, and under penalty of perjury, furnish that information as the Franchise Tax Board prescribes on a form supplied by the board. (g) The credit provided in this section shall be claimed on returns in the form as the Franchise Tax Board may from time to time prescribe. (h) For purposes of this section, “premises” means a house or a dwelling unit used to provide living accommodations in a building or structure and the land incidental thereto, but does not include land only, unless the dwelling unit is a mobilehome. The credit is not allowed for any taxable year for the rental of land upon which a mobilehome is located if the mobilehome has been granted a homeowners’ exemption under Section 218 in that year. (i) This section shall become operative on January 1, 1998, and applies to any taxable year beginning on or after January 1, 1998. (j) For each taxable year beginning on or after January 1, 1999, the Franchise Tax Board shall recompute the adjusted gross income amounts set forth in subdivision (a). The computation shall be made as follows: (1) The 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 year, no later than August 1 of the current calendar year. (2) The Franchise Tax Board shall compute an inflation adjustment factor by adding 100 percent to the portion of the percentage change figure which is furnished pursuant to paragraph (1) and dividing the result by 100. (3) The Franchise Tax Board shall multiply the amount in subparagraph (B) of paragraph (1) of subdivision (d) for the preceding taxable year by the inflation adjustment factor determined in paragraph (2), and round off the resulting products to the nearest one dollar ($1). (4) In computing the amounts pursuant to this subdivision, the amounts provided in subparagraph (A) of paragraph (1) of subdivision (a) shall be twice the amount provided in subparagraph (B) of paragraph (1) of subdivision (a). SECTION 1. Section 17053.5 of the Revenue and Taxation Code is amended to read: 17053.5. (a)(1)For a qualified renter, there shall be allowed a credit against his or her “net tax,” as defined in Section 17039. The amount of the credit shall be as follows: (A)For taxable years beginning before January 1, 2017: (i) For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred twenty dollars ($120) if adjusted gross income is fifty thousand dollars ($50,000) or less. (ii) For other individuals, the credit shall be equal to sixty dollars ($60) if adjusted gross income is twenty-five thousand dollars ($25,000) or less. (B)For taxable years beginning on or after January 1, 2017: (i)For married couples filing joint returns, heads of household, and surviving spouses, as defined in Section 17046, the credit shall be equal to one hundred eighty-four dollars ($184) if adjusted gross income is one hundred thousand dollars ($100,000) or less. (ii)For other individuals, the credit shall be equal to ninety-two dollars ($92) if adjusted gross income is fifty thousand dollars ($50,000) or less. (2)Except as provided in subdivision (b), a husband and wife shall receive one credit under this section. If the husband and wife file separate returns, the credit may be taken by either or equally divided between them, except as follows: (A)If one spouse was a resident for the entire taxable year and the other spouse was a nonresident for part or all of the taxable year, the resident spouse shall be allowed one-half the credit allowed to married persons and the nonresident spouse shall be permitted one-half the credit allowed to married persons, prorated as provided in subdivision (e). (B)If both spouses were nonresidents for part of the taxable year, the credit allowed to married persons shall be divided equally between them subject to the proration provided in subdivision (e). (b)For a husband and wife, if each spouse maintained a separate place of residence and resided in this state during the entire taxable year, each spouse will be allowed one-half the full credit allowed to married persons provided in subdivision (a). (c)For purposes of this section, a “qualified renter” means an individual who satisfies both of the following: (1)Was a resident of this state, as defined in Section 17014. (2)Rented and occupied premises in this state which constituted his or her principal place of residence during at least 50 percent of the taxable year. (d)“Qualified renter” does not include any of the following: (1)An individual who for more than 50 percent of the taxable year rented and occupied premises that were exempt from property taxes, except that an individual, otherwise qualified, is deemed a qualified renter if he or she or his or her landlord pays possessory interest taxes, or the owner of those premises makes payments in lieu of property taxes that are substantially equivalent to property taxes paid on properties of comparable market value. (2)An individual whose principal place of residence for more than 50 percent of the taxable year is with any other person who claimed that individual as a dependent for income tax purposes. (3)An individual who has been granted or whose spouse has been granted the homeowners’ property tax exemption during the taxable year. This paragraph does not apply to an individual whose spouse has been granted the homeowners’ property tax exemption if each spouse maintained a separate residence for the entire taxable year. (e)An otherwise qualified renter who is a nonresident for any portion of the taxable year shall claim the credits set forth in subdivision (a) at the rate of one-twelfth of those credits for each full month that individual resided within this state during the taxable year. (f)A person claiming the credit provided in this section shall, as part of that claim, and under penalty of perjury, furnish that information as the Franchise Tax Board prescribes on a form supplied by the board. (g)The credit provided in this section shall be claimed on returns in the form as the Franchise Tax Board may from time to time prescribe. (h)For purposes of this section, “premises” means a house or a dwelling unit used to provide living accommodations in a building or structure and the land incidental thereto, but does not include land only, unless the dwelling unit is a mobilehome. The credit is not allowed for any taxable year for the rental of land upon which a mobilehome is located if the mobilehome has been granted a homeowners’ exemption under Section 218 in that year. (i)This section shall become operative on January 1, 1998, and applies to any taxable year beginning on or after January 1, 1998. (j)For each taxable year beginning on or after January 1, 1999, and before January 1, 2017, and for each taxable year beginning on or after January 1, 2018, the Franchise Tax Board shall recompute the adjusted gross income amounts set forth in subparagraphs (A) and (B), respectively, of paragraph (1) of subdivision (a). The computation shall be made as follows: (1)The 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 year, no later than August 1 of the current calendar year. (2)The Franchise Tax Board shall compute an inflation adjustment factor by adding 100 percent to that portion of the percentage change figure furnished pursuant to paragraph (1) and dividing the result by 100. (3)The Franchise Tax Board shall multiply the amounts in paragraph (1) of subdivision (a) for the preceding taxable year by the inflation adjustment factor determined in paragraph (2), and round off the resulting products to the nearest one dollar ($1). (4)(A)In computing the amounts pursuant to this subdivision, the amounts provided in clause (i) of subparagraph (A) of paragraph (1) of subdivision (a) shall be twice the amount provided in clause (ii) of subparagraph (A) of paragraph (1) of subdivision (a). (B)In computing the amounts pursuant to this subdivision, the amounts provided in clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) shall be twice the amount provided in clause (ii) of subparagraph (B) of paragraph (1) of subdivision (a). SEC. 2. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) All citizens should be able to make their voices heard in the political process and hold their elected officials accountable. (b) Elections for local or state elective office should be fair, open, and competitive. (c) The increasing costs of political campaigns can force candidates to rely on large contributions from wealthy donors and special interests, which can give those wealthy donors and special interests disproportionate influence over governmental decisions. (d) Such disproportionate influence can undermine the public’s trust that public officials are performing their duties in an impartial manner and that government is serving the needs and responding to the wishes of all citizens equally, without regard to their wealth. (e) Special interests contribute more to incumbents than challengers because they seek access to elected officials, and such contributions account for a large portion of the financial incumbency advantage, as confirmed by recent studies such as those published in the Journal of Politics in 2014 and Political Research Quarterly in 2016. (f) Citizen-funded election programs, in which qualified candidates can receive public funds for the purpose of communicating with voters rather than relying exclusively on private donors, have been enacted in six charter cities in California, as well as numerous other local and state jurisdictions. (g) Citizen-funded election programs encourage competition by reducing the financial advantages of incumbency and making it possible for citizens from all walks of life, not only those with connections to wealthy donors or special interests, to run for office, as confirmed by recent studies such as those published in State Politics and Policy Quarterly in 2008, and by the Campaign Finance Institute in 2015 and the National Institute of Money in State Politics in 2016. (h) By reducing reliance on wealthy donors and special interests, citizen-funded election programs inhibit improper practices, protect against corruption or the appearance of corruption, and protect the political integrity of our governmental institutions. (i) In Johnson v. Bradley (1992) 4 Cal.4th 389, the California Supreme Court commented that “it seems obvious that public money reduces rather than increases the fund raising pressures on public office seekers and thereby reduces the undue influence of special interest groups.” (j) In Buckley v. Valeo (1976) 424 U.S. 1, the United States Supreme Court recognized that “public financing as a means of eliminating the improper influence of large private contributions furthers a significant governmental interest.” (k) In Arizona Free Enterprise v. Bennett (2011) 564 U.S. 721, the United States Supreme Court acknowledged that public financing of elections “can further ‘significant governmental interest[s]’ such as the state interest in preventing corruption,” quoting Buckley v. Valeo. (l) In Buckley v. Valeo, the United States Supreme Court further noted that citizen-funded elections programs “facilitate and enlarge public discussion and participation in the electoral process, goals vital to a self-governing people.” (m) The absolute prohibition on public campaign financing allows special interests to gain disproportionate influence and unfairly favors incumbents. An exception should be created to permit citizen-funded election programs so that elections may be conducted more fairly. SEC. 2. Section 85300 of the Government Code is amended to read: 85300. (a) Except as provided in subdivision (b), a public officer shall not expend, and a candidate shall not accept, any public moneys for the purpose of seeking elective office. (b) A public officer or candidate may expend or accept public moneys for the purpose of seeking elective office if the state or a local governmental entity establishes a dedicated fund for this purpose by statute, ordinance, resolution, or charter, and both of the following are true: (1) Public moneys held in the fund are available to all qualified, voluntarily participating candidates for the same office without regard to incumbency or political party preference. (2) The state or local governmental entity has established criteria for determining a candidate’s qualification by statute, ordinance, resolution, or charter. SEC. 3. Section 89519.5 is added to the Government Code, to read: 89519.5. (a) An officeholder who is convicted of a felony enumerated in Section 20 of the Elections Code, and whose conviction has become final, shall use funds held by the officeholder’s candidate controlled committee only for the following purposes: (1) The payment of outstanding campaign debts or elected officer’s expenses. (2) The repayment of contributions. (b) Six months after the conviction becomes final, the officeholder shall forfeit any remaining funds subject to subdivision (a), and these funds shall be deposited in the General Fund. (c) This section does not apply to funds held by a ballot measure committee or in a legal defense fund formed pursuant to Section 85304. SEC. 4. The provisions of this bill are severable. If any provision of this bill 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. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SEC. 6. 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.

Existing law prohibits a person who has been convicted of a felony involving bribery, embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes, from being considered a candidate for, or elected to, a state or local elective office. Existing law, the Political Reform Act of 1974, provides that campaign funds under the control of a former candidate or elected officer are considered surplus campaign funds at a prescribed time, and it prohibits the use of surplus campaign funds except for specified purposes. This bill would prohibit an officeholder who is convicted of one of those enumerated felonies from using funds held by that officeholder’s candidate controlled committee for purposes other than certain purposes permitted for the use of surplus campaign funds. The bill would also require the officeholder to forfeit any remaining funds held 6 months after the conviction became final, and it would direct those funds to be deposited in the General Fund. The Political Reform Act of 1974 prohibits a public officer from expending, and a candidate from accepting, public moneys for the purpose of seeking elective office. This bill would permit a public officer or candidate to expend or accept public moneys for the purpose of seeking elective office if the state or a local governmental entity established a dedicated fund for this purpose, as specified. 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.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) All citizens should be able to make their voices heard in the political process and hold their elected officials accountable. (b) Elections for local or state elective office should be fair, open, and competitive. (c) The increasing costs of political campaigns can force candidates to rely on large contributions from wealthy donors and special interests, which can give those wealthy donors and special interests disproportionate influence over governmental decisions. (d) Such disproportionate influence can undermine the public’s trust that public officials are performing their duties in an impartial manner and that government is serving the needs and responding to the wishes of all citizens equally, without regard to their wealth. (e) Special interests contribute more to incumbents than challengers because they seek access to elected officials, and such contributions account for a large portion of the financial incumbency advantage, as confirmed by recent studies such as those published in the Journal of Politics in 2014 and Political Research Quarterly in 2016. (f) Citizen-funded election programs, in which qualified candidates can receive public funds for the purpose of communicating with voters rather than relying exclusively on private donors, have been enacted in six charter cities in California, as well as numerous other local and state jurisdictions. (g) Citizen-funded election programs encourage competition by reducing the financial advantages of incumbency and making it possible for citizens from all walks of life, not only those with connections to wealthy donors or special interests, to run for office, as confirmed by recent studies such as those published in State Politics and Policy Quarterly in 2008, and by the Campaign Finance Institute in 2015 and the National Institute of Money in State Politics in 2016. (h) By reducing reliance on wealthy donors and special interests, citizen-funded election programs inhibit improper practices, protect against corruption or the appearance of corruption, and protect the political integrity of our governmental institutions. (i) In Johnson v. Bradley (1992) 4 Cal.4th 389, the California Supreme Court commented that “it seems obvious that public money reduces rather than increases the fund raising pressures on public office seekers and thereby reduces the undue influence of special interest groups.” (j) In Buckley v. Valeo (1976) 424 U.S. 1, the United States Supreme Court recognized that “public financing as a means of eliminating the improper influence of large private contributions furthers a significant governmental interest.” (k) In Arizona Free Enterprise v. Bennett (2011) 564 U.S. 721, the United States Supreme Court acknowledged that public financing of elections “can further ‘significant governmental interest[s]’ such as the state interest in preventing corruption,” quoting Buckley v. Valeo. (l) In Buckley v. Valeo, the United States Supreme Court further noted that citizen-funded elections programs “facilitate and enlarge public discussion and participation in the electoral process, goals vital to a self-governing people.” (m) The absolute prohibition on public campaign financing allows special interests to gain disproportionate influence and unfairly favors incumbents. An exception should be created to permit citizen-funded election programs so that elections may be conducted more fairly. SEC. 2. Section 85300 of the Government Code is amended to read: 85300. (a) Except as provided in subdivision (b), a public officer shall not expend, and a candidate shall not accept, any public moneys for the purpose of seeking elective office. (b) A public officer or candidate may expend or accept public moneys for the purpose of seeking elective office if the state or a local governmental entity establishes a dedicated fund for this purpose by statute, ordinance, resolution, or charter, and both of the following are true: (1) Public moneys held in the fund are available to all qualified, voluntarily participating candidates for the same office without regard to incumbency or political party preference. (2) The state or local governmental entity has established criteria for determining a candidate’s qualification by statute, ordinance, resolution, or charter. SEC. 3. Section 89519.5 is added to the Government Code, to read: 89519.5. (a) An officeholder who is convicted of a felony enumerated in Section 20 of the Elections Code, and whose conviction has become final, shall use funds held by the officeholder’s candidate controlled committee only for the following purposes: (1) The payment of outstanding campaign debts or elected officer’s expenses. (2) The repayment of contributions. (b) Six months after the conviction becomes final, the officeholder shall forfeit any remaining funds subject to subdivision (a), and these funds shall be deposited in the General Fund. (c) This section does not apply to funds held by a ballot measure committee or in a legal defense fund formed pursuant to Section 85304. SEC. 4. The provisions of this bill are severable. If any provision of this bill 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. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SEC. 6. 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. ### Summary: This bill would amend the Government Code to allow for the use of public funds for the purpose of seeking elective office if the state or a local governmental entity establishes a

The people of the State of California do enact as follows: SECTION 1. Section 21505 of the Elections Code is repealed. SEC. 2. Section 21605 of the Elections Code is repealed. SEC. 3. Chapter 9 (commencing with Section 23000) is added to Division 21 of the Elections Code, to read: CHAPTER 9. Advisory and Independent Redistricting Commissions 23000. For purposes of this chapter, the following terms have the following meanings: (a) “Advisory redistricting commission” means a body that recommends to a legislative body placement of the district boundaries for that legislative body. (b) “Family member” means a spouse, registered domestic partner, parent, sibling, child, or in-law. (c) “Independent redistricting commission” means a body, other than a legislative body, that is empowered to adopt the district boundaries of a legislative body. (d) “Legislative body” means either a city council of a general law city or a county board of supervisors. (e) “Local jurisdiction” means either a general law city or a county. 23001. A local jurisdiction may establish by resolution or ordinance an independent redistricting commission or an advisory redistricting commission composed of residents of the local jurisdiction to change the legislative body’s district boundaries or to recommend to the legislative body changes to those district boundaries. 23002. (a) This section applies to advisory redistricting commissions. (b) Notwithstanding any other law, the local jurisdiction may prescribe the manner in which members are appointed to the commission. (c) A person who is an elected official of the local jurisdiction, or a family member, staff member, or paid campaign staff of an elected official of the local jurisdiction, shall not be appointed to serve on the commission. (d) The commission shall submit a report to the legislative body of its findings on the need for changes to the boundaries, and its recommended changes, within six months after the final population figures determined in each federal decennial census have been released, but in any event not later than August 1 of the year following the year in which the census is taken. 23003. (a) This section applies to independent redistricting commissions. (b) Notwithstanding any other law, the local jurisdiction may prescribe the manner in which members are appointed to the commission, provided that the jurisdiction uses an application process open to all eligible residents. A local jurisdiction may also impose additional qualifications and restrictions on members of the commission in excess of those prescribed by this section. (c) A person, or the family member of a person, who has done any of the following in the preceding eight years, shall not be appointed to serve on a commission: (1) Been elected or appointed to, or been a candidate for, an elective office of the local jurisdiction. (2) Served as an officer of, employee of, or paid consultant to, a campaign committee or a candidate for elective office of the local jurisdiction. (3) Served as an officer of, employee of, or paid consultant to, a political party or as an elected or appointed member of a political party central committee. (4) Served as a staff member of, consultant to, or contracted with, a currently serving elected officer of the local jurisdiction. (5) Been registered to lobby the local jurisdiction. (6) Contributed five hundred dollars ($500) or more in a year to any candidate for an elective office of the local jurisdiction. The local jurisdiction may adjust this amount by the cumulative change in the California Consumer Price Index, or its successor, in every year ending in zero. (d) A member of the commission shall not do any of the following: (1) While serving on the commission, endorse, work for, volunteer for, or make a campaign contribution to, a candidate for an elective office of the local jurisdiction. (2) Be a candidate for an elective office of the local jurisdiction for 10 years commencing with the date of his or her appointment to the commission. (3) For four years commencing with the date of his or her appointment to the commission: (A) Accept an appointment to an office of the local jurisdiction. (B) Accept employment as a staff member of, or consultant to, an elected official or candidate for elective office of the local jurisdiction. (C) Receive a noncompetitively bid contract with the local jurisdiction. (D) Register as a lobbyist for the local jurisdiction. (e) A commission established pursuant to this section shall not be comprised entirely of members who are registered to vote with the same political party preference. (f) Each member of the commission shall be a designated employee in the conflict of interest code for the commission pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code. (g) The commission is subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (h) The commission shall adopt new boundaries within six months after the final population figures determined in each federal decennial census have been released, but in any event not later than November 1 of the year following the year in which the census is taken. A map of the proposed boundaries shall be published and made available to the public for at least seven days before being adopted. Before adopting new boundaries, the commission shall hold at least three public hearings preceding the hearing at which the new boundaries are adopted. The commission shall not draw districts for the purpose of favoring or discriminating against an incumbent or political candidate.

Existing law authorizes a county board of supervisors to appoint a committee, composed of county residents, to study the matter of changing the boundaries of its supervisorial districts. Existing law directs a committee created pursuant to that provision to report its findings to the board of supervisors, as specified, and it expressly states that recommendations of the committee are advisory only. Existing law similarly authorizes a city council to appoint a committee, composed of city residents, to study the matter of changing the boundaries of its council districts, directs a committee so created to report its findings to the city council, and expressly states that recommendations of the committee are advisory only. This bill would delete those provisions and instead authorize a county or general law city to establish a commission, composed of residents of the county or city, to either change the boundaries of the districts or recommend to the governing body changes to the boundaries of the districts. The bill would also require an advisory commission that recommends changes to district boundaries to report to the governing body its findings on the need for changes to the boundaries. For a commission empowered to change district boundaries, this bill would prohibit the appointment of a person or family member, as defined, of a person who engaged in specified activities during the preceding 8 years, and it would also prohibit commission members from engaging in specified activities while serving and for a specified period of time after serving.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 21505 of the Elections Code is repealed. SEC. 2. Section 21605 of the Elections Code is repealed. SEC. 3. Chapter 9 (commencing with Section 23000) is added to Division 21 of the Elections Code, to read: CHAPTER 9. Advisory and Independent Redistricting Commissions 23000. For purposes of this chapter, the following terms have the following meanings: (a) “Advisory redistricting commission” means a body that recommends to a legislative body placement of the district boundaries for that legislative body. (b) “Family member” means a spouse, registered domestic partner, parent, sibling, child, or in-law. (c) “Independent redistricting commission” means a body, other than a legislative body, that is empowered to adopt the district boundaries of a legislative body. (d) “Legislative body” means either a city council of a general law city or a county board of supervisors. (e) “Local jurisdiction” means either a general law city or a county. 23001. A local jurisdiction may establish by resolution or ordinance an independent redistricting commission or an advisory redistricting commission composed of residents of the local jurisdiction to change the legislative body’s district boundaries or to recommend to the legislative body changes to those district boundaries. 23002. (a) This section applies to advisory redistricting commissions. (b) Notwithstanding any other law, the local jurisdiction may prescribe the manner in which members are appointed to the commission. (c) A person who is an elected official of the local jurisdiction, or a family member, staff member, or paid campaign staff of an elected official of the local jurisdiction, shall not be appointed to serve on the commission. (d) The commission shall submit a report to the legislative body of its findings on the need for changes to the boundaries, and its recommended changes, within six months after the final population figures determined in each federal decennial census have been released, but in any event not later than August 1 of the year following the year in which the census is taken. 23003. (a) This section applies to independent redistricting commissions. (b) Notwithstanding any other law, the local jurisdiction may prescribe the manner in which members are appointed to the commission, provided that the jurisdiction uses an application process open to all eligible residents. A local jurisdiction may also impose additional qualifications and restrictions on members of the commission in excess of those prescribed by this section. (c) A person, or the family member of a person, who has done any of the following in the preceding eight years, shall not be appointed to serve on a commission: (1) Been elected or appointed to, or been a candidate for, an elective office of the local jurisdiction. (2) Served as an officer of, employee of, or paid consultant to, a campaign committee or a candidate for elective office of the local jurisdiction. (3) Served as an officer of, employee of, or paid consultant to, a political party or as an elected or appointed member of a political party central committee. (4) Served as a staff member of, consultant to, or contracted with, a currently serving elected officer of the local jurisdiction. (5) Been registered to lobby the local jurisdiction. (6) Contributed five hundred dollars ($500) or more in a year to any candidate for an elective office of the local jurisdiction. The local jurisdiction may adjust this amount by the cumulative change in the California Consumer Price Index, or its successor, in every year ending in zero. (d) A member of the commission shall not do any of the following: (1) While serving on the commission, endorse, work for, volunteer for, or make a campaign contribution to, a candidate for an elective office of the local jurisdiction. (2) Be a candidate for an elective office of the local jurisdiction for 10 years commencing with the date of his or her appointment to the commission. (3) For four years commencing with the date of his or her appointment to the commission: (A) Accept an appointment to an office of the local jurisdiction. (B) Accept employment as a staff member of, or consultant to, an elected official or candidate for elective office of the local jurisdiction. (C) Receive a noncompetitively bid contract with the local jurisdiction. (D) Register as a lobbyist for the local jurisdiction. (e) A commission established pursuant to this section shall not be comprised entirely of members who are registered to vote with the same political party preference. (f) Each member of the commission shall be a designated employee in the conflict of interest code for the commission pursuant to Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code. (g) The commission is subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) and the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (h) The commission shall adopt new boundaries within six months after the final population figures determined in each federal decennial census have been released, but in any event not later than November 1 of the year following the year in which the census is taken. A map of the proposed boundaries shall be published and made available to the public for at least seven days before being adopted. Before adopting new boundaries, the commission shall hold at least three public hearings preceding the hearing at which the new boundaries are adopted. The commission shall not draw districts for the purpose of favoring or discriminating against an incumbent or political candidate. ### Summary: This bill repeals Sections 21505 and 21605 of the Elections Code and adds Chapter 9 (commencing with Section

The people of the State of California do enact as follows: SECTION 1. Chapter 2.92 (commencing with Section 1001.85) is added to Title 6 of Part 2 of the Penal Code, to read: CHAPTER 2.92. Law Enforcement Assisted Diversion (LEAD) Pilot Program 1001.85. (a) The Law Enforcement Assisted Diversion (LEAD) pilot program is hereby established. The purpose of the LEAD program is to improve public safety and reduce recidivism by increasing the availability and use of social service resources while reducing costs to law enforcement agencies and courts stemming from repeated incarceration. (b) LEAD pilot programs shall be consistent with the following principles, implemented to address and reflect the priorities of the community in which the program exists: (1) Providing intensive case management services and an individually tailored intervention plan that acts as a blueprint for assisting LEAD participants. (2) Prioritizing temporary and permanent housing that includes individualized supportive services, without preconditions of drug or alcohol treatment or abstinence from drugs or alcohol. (3) Employing human and social service resources in coordination with law enforcement in a manner that improves individual outcomes and community safety, and promotes community wellness. (4) Participation in LEAD services shall be voluntary throughout the duration of the program and shall not require abstinence from drug or alcohol use as a condition of continued participation. 1001.86. (a) The LEAD program shall be administered by the Board of State and Community Corrections. (b) The board shall award grants, on a competitive basis, to up to three jurisdictions as authorized by this chapter. The board shall establish minimum standards, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following: (1) Information from the applicant demonstrating a clear understanding of the program’s purpose and the applicant’s willingness and ability to implement the LEAD program as described in this chapter. (2) Key local partners who would be committed to, and involved in, the development and successful implementation of a LEAD program, including, but not limited to, balanced representation from law enforcement agencies, prosecutorial agencies, public defenders and defense counsel, public health and social services agencies, case management service providers, and any other entities identified by the applicant as integral to the successful implementation of a LEAD program in the jurisdiction. (3) The jurisdiction’s capacity and commitment to coordinate social services, law enforcement efforts, and justice system decisionmaking processes, and to work to ensure that the discretionary decisions made by each participant in the administration of the program operates in a manner consistent with the purposes of this chapter. (c) Successful grant applicants shall collect and maintain data pertaining to the effectiveness of the program as indicated by the board in the request for proposals. 1001.87. (a) LEAD programs funded pursuant to this chapter shall consist of a strategy of effective intervention for eligible participants consistent with the following gateways to services: (1) Prebooking referral. As an alternative to arrest, a law enforcement officer may take or refer a person for whom the officer has probable cause for arrest for any of the offenses in subdivision (b) to a case manager to be screened for immediate crisis services and to schedule a complete assessment intake interview. Participation in LEAD diversion shall be voluntary, and the person may decline to participate in the program at any time. Criminal charges based on the conduct for which a person is diverted to LEAD shall not be filed, provided that the person finishes the complete assessment intake interview within a period set by the local jurisdictional partners, but not to exceed 30 days after the referral. (2) Social contact referral. A law enforcement officer may refer an individual to LEAD whom he or she believes is at high risk of arrest in the future for any of the crimes specified in subdivision (b), provided that the individual meets the criteria specified in this paragraph and expresses interest in voluntarily participating in the program. LEAD may accept these referrals if the program has capacity after responding to prebooking diversion referrals described in paragraph (1). All social contact referrals to LEAD shall meet the following criteria: (A) Verification by law enforcement that the individual has had prior involvement with low-level drug activity or prostitution. Verification shall consist of any of the following: (i) Criminal history records, including, but not limited to, prior police reports, arrests, jail bookings, criminal charges, or convictions indicating that he or she was engaged in low-level drug or prostitution activity. (ii) Law enforcement has directly observed the individual’s low-level drug or prostitution activity on prior occasions. (iii) Law enforcement has a reliable basis of information to believe that the individual is engaged in low-level drug or prostitution activity, including, but not limited to, information provided by another first responder, a professional, or a credible community member. (B) The individual’s prior involvement with low-level drug or prostitution activity occurred within the LEAD pilot program area. (C) The individual’s prior involvement with low-level drug or prostitution activity occurred within 24 months of the date of referral. (D) The individual does not have a pending case in drug court or mental health court. (E) The individual is not prohibited, by means of an existing no-contact order, temporary restraining order, or antiharassment order, from making contact with a current LEAD participant. (b) The following offenses are eligible for either prebooking diversion, social contact referral, or both: (1) Possession for sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption. (2) Sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption. (3) Possession of a controlled substance or other prohibited substance. (4) Being under the influence of a controlled substance or other prohibited substance. (5) Being under the influence of alcohol and a controlled substance or other prohibited substance. (6) Prostitution pursuant to subdivision (b) of Section 647. 1001.88. (a) Services provided pursuant to this chapter may include, but are not limited to, case management, housing, medical care, mental health care, treatment for alcohol or substance use disorders, nutritional counseling and treatment, psychological counseling, employment, employment training and education, civil legal services, and system navigation. Grant funding may be used to support any of the following: (1) Project management and community engagement. (2) Temporary services and treatment necessary to stabilize a participant’s condition, including necessary housing. (3) Outreach and direct service costs for services described in this section. (4) Civil legal services for LEAD participants. (5) Dedicated prosecutorial resources, including for coordinating any nondiverted criminal cases of LEAD participants. (6) Dedicated law enforcement resources, including for overtime required for participation in operational meetings and training. (7) Training and technical assistance from experts in the implementation of LEAD in other jurisdictions. (8) Collecting and maintaining the data necessary for program evaluation. (b) The board shall contract with a nonprofit research entity, university, or college to evaluate the effectiveness of the LEAD program. The evaluation design shall include measures to assess the cost-benefit outcomes of LEAD programs compared to booking and prosecution, and may include evaluation elements such as comparing outcomes for LEAD participants to similarly situated offenders who are arrested and booked, the number of jail bookings, total number of jail days, the prison incarceration rate, subsequent felony and misdemeanor arrests or convictions, and costs to the criminal justice and court systems. Savings will be compared to costs of LEAD participation. By January 1, 2020 a report of the findings shall be submitted to the Governor and the Legislature pursuant to Section 9795 of the Government Code. (c) The board may contract with experts in the implementation of LEAD in other jurisdictions for the purpose of providing technical assistance to participating jurisdictions. (d) The board shall not spend more than 5 percent annually of the moneys allocated to the program for its administrative costs, excluding the contracts authorized in subdivisions (b) and (c). 1001.89. This chapter 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. Chapter 2.92 (commencing with Section 1001.85) is added to Title 6 of Part 2 of the Penal Code , to read: 2.92. Law Enforcement Assisted Diversion 1001.85. (a)The Board of State and Community Corrections shall approve three counties for the establishment of a Law Enforcement Assisted Diversion (LEAD) pilot program. Interested counties shall submit applications to the board, including information on the manner in which the program will operate in that county, as required by the board. (b)LEAD pilot programs shall include both of the following: (1)Authorization for designated peace officers to take a person for whom the officer has probable cause for arrest for any of the following offenses to a drug treatment facility or program for treatment, including detoxification and related services in lieu of that arrest: (A)Possession for sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption. (B)Sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption. (C)Possession of a controlled substance or other prohibited substance. (D)Being under the influence of a controlled substance or other prohibited substance. (E)Being under the influence of alcohol and a controlled substance or other prohibited substance. (2)Authorization for designated peace officers to take a person for whom the officer has probable cause for arrest for prostitution pursuant to subdivision (b) of Section 647, to an agency or entity that will provide services to that person in lieu of that arrest. Services pursuant to this paragraph may include, but are not limited to, housing, medical care, child care, treatment for alcohol or substance abuse, nutritional counseling and treatment, psychological counseling, employment, and employment training and education. (c)The Legislature finds and declares that a program similar to the LEAD program has been demonstrated in Seattle, Washington to lower recidivism of participants, increase cooperation by participants in treatment and related programs, and significantly reduce law enforcement and court costs.

Existing law authorizes a county to establish a pretrial diversion program for defendants who have been charged with a misdemeanor offense and authorizes other diversion programs, including for defendants with cognitive developmental disabilities, defendants in nonviolent drug cases, and traffic violations. This bill would require the Board of State and Community Corrections to approve three counties for the establishment of a Law Enforcement Assisted Diversion (LEAD) pilot program. The bill would require the LEAD pilot programs to authorize designated officers to take a person for whom the officer has probable cause for arrest for specified controlled substances offenses, including possession of a controlled substance or other prohibited substance, or prostitution, to treatment programs and services in lieu of that arrest. This bill, until January 1, 2020, would establish the Law Enforcement Assisted Diversion (LEAD) pilot program, to be administered by the Board of State and Community Corrections, to improve public safety and reduce recidivism by increasing the availability and use of social service resources while reducing costs to law enforcement agencies and courts stemming from repeated incarceration. The bill would require the board to award grants, on a competitive basis, to up to 3 jurisdictions to establish LEAD programs and would require the board to establish minimum standards, funding schedules, and procedures for awarding grants. The bill would establish requirements for referral of people who may be arrested for, or who have a history of, low-level drug offenses or prostitution, as defined, to social services in lieu of prosecution. The bill would require the board to contract with a nonprofit research entity, university, or college to evaluate the effectiveness of the LEAD program and submit a report of the findings to the Governor and the Legislature by January 1, 2020.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 2.92 (commencing with Section 1001.85) is added to Title 6 of Part 2 of the Penal Code, to read: CHAPTER 2.92. Law Enforcement Assisted Diversion (LEAD) Pilot Program 1001.85. (a) The Law Enforcement Assisted Diversion (LEAD) pilot program is hereby established. The purpose of the LEAD program is to improve public safety and reduce recidivism by increasing the availability and use of social service resources while reducing costs to law enforcement agencies and courts stemming from repeated incarceration. (b) LEAD pilot programs shall be consistent with the following principles, implemented to address and reflect the priorities of the community in which the program exists: (1) Providing intensive case management services and an individually tailored intervention plan that acts as a blueprint for assisting LEAD participants. (2) Prioritizing temporary and permanent housing that includes individualized supportive services, without preconditions of drug or alcohol treatment or abstinence from drugs or alcohol. (3) Employing human and social service resources in coordination with law enforcement in a manner that improves individual outcomes and community safety, and promotes community wellness. (4) Participation in LEAD services shall be voluntary throughout the duration of the program and shall not require abstinence from drug or alcohol use as a condition of continued participation. 1001.86. (a) The LEAD program shall be administered by the Board of State and Community Corrections. (b) The board shall award grants, on a competitive basis, to up to three jurisdictions as authorized by this chapter. The board shall establish minimum standards, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following: (1) Information from the applicant demonstrating a clear understanding of the program’s purpose and the applicant’s willingness and ability to implement the LEAD program as described in this chapter. (2) Key local partners who would be committed to, and involved in, the development and successful implementation of a LEAD program, including, but not limited to, balanced representation from law enforcement agencies, prosecutorial agencies, public defenders and defense counsel, public health and social services agencies, case management service providers, and any other entities identified by the applicant as integral to the successful implementation of a LEAD program in the jurisdiction. (3) The jurisdiction’s capacity and commitment to coordinate social services, law enforcement efforts, and justice system decisionmaking processes, and to work to ensure that the discretionary decisions made by each participant in the administration of the program operates in a manner consistent with the purposes of this chapter. (c) Successful grant applicants shall collect and maintain data pertaining to the effectiveness of the program as indicated by the board in the request for proposals. 1001.87. (a) LEAD programs funded pursuant to this chapter shall consist of a strategy of effective intervention for eligible participants consistent with the following gateways to services: (1) Prebooking referral. As an alternative to arrest, a law enforcement officer may take or refer a person for whom the officer has probable cause for arrest for any of the offenses in subdivision (b) to a case manager to be screened for immediate crisis services and to schedule a complete assessment intake interview. Participation in LEAD diversion shall be voluntary, and the person may decline to participate in the program at any time. Criminal charges based on the conduct for which a person is diverted to LEAD shall not be filed, provided that the person finishes the complete assessment intake interview within a period set by the local jurisdictional partners, but not to exceed 30 days after the referral. (2) Social contact referral. A law enforcement officer may refer an individual to LEAD whom he or she believes is at high risk of arrest in the future for any of the crimes specified in subdivision (b), provided that the individual meets the criteria specified in this paragraph and expresses interest in voluntarily participating in the program. LEAD may accept these referrals if the program has capacity after responding to prebooking diversion referrals described in paragraph (1). All social contact referrals to LEAD shall meet the following criteria: (A) Verification by law enforcement that the individual has had prior involvement with low-level drug activity or prostitution. Verification shall consist of any of the following: (i) Criminal history records, including, but not limited to, prior police reports, arrests, jail bookings, criminal charges, or convictions indicating that he or she was engaged in low-level drug or prostitution activity. (ii) Law enforcement has directly observed the individual’s low-level drug or prostitution activity on prior occasions. (iii) Law enforcement has a reliable basis of information to believe that the individual is engaged in low-level drug or prostitution activity, including, but not limited to, information provided by another first responder, a professional, or a credible community member. (B) The individual’s prior involvement with low-level drug or prostitution activity occurred within the LEAD pilot program area. (C) The individual’s prior involvement with low-level drug or prostitution activity occurred within 24 months of the date of referral. (D) The individual does not have a pending case in drug court or mental health court. (E) The individual is not prohibited, by means of an existing no-contact order, temporary restraining order, or antiharassment order, from making contact with a current LEAD participant. (b) The following offenses are eligible for either prebooking diversion, social contact referral, or both: (1) Possession for sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption. (2) Sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption. (3) Possession of a controlled substance or other prohibited substance. (4) Being under the influence of a controlled substance or other prohibited substance. (5) Being under the influence of alcohol and a controlled substance or other prohibited substance. (6) Prostitution pursuant to subdivision (b) of Section 647. 1001.88. (a) Services provided pursuant to this chapter may include, but are not limited to, case management, housing, medical care, mental health care, treatment for alcohol or substance use disorders, nutritional counseling and treatment, psychological counseling, employment, employment training and education, civil legal services, and system navigation. Grant funding may be used to support any of the following: (1) Project management and community engagement. (2) Temporary services and treatment necessary to stabilize a participant’s condition, including necessary housing. (3) Outreach and direct service costs for services described in this section. (4) Civil legal services for LEAD participants. (5) Dedicated prosecutorial resources, including for coordinating any nondiverted criminal cases of LEAD participants. (6) Dedicated law enforcement resources, including for overtime required for participation in operational meetings and training. (7) Training and technical assistance from experts in the implementation of LEAD in other jurisdictions. (8) Collecting and maintaining the data necessary for program evaluation. (b) The board shall contract with a nonprofit research entity, university, or college to evaluate the effectiveness of the LEAD program. The evaluation design shall include measures to assess the cost-benefit outcomes of LEAD programs compared to booking and prosecution, and may include evaluation elements such as comparing outcomes for LEAD participants to similarly situated offenders who are arrested and booked, the number of jail bookings, total number of jail days, the prison incarceration rate, subsequent felony and misdemeanor arrests or convictions, and costs to the criminal justice and court systems. Savings will be compared to costs of LEAD participation. By January 1, 2020 a report of the findings shall be submitted to the Governor and the Legislature pursuant to Section 9795 of the Government Code. (c) The board may contract with experts in the implementation of LEAD in other jurisdictions for the purpose of providing technical assistance to participating jurisdictions. (d) The board shall not spend more than 5 percent annually of the moneys allocated to the program for its administrative costs, excluding the contracts authorized in subdivisions (b) and (c). 1001.89. This chapter 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. Chapter 2.92 (commencing with Section 1001.85) is added to Title 6 of Part 2 of the Penal Code , to read: 2.92. Law Enforcement Assisted Diversion 1001.85. (a)The Board of State and Community Corrections shall approve three counties for the establishment of a Law Enforcement Assisted Diversion (LEAD) pilot program. Interested counties shall submit applications to the board, including information on the manner in which the program will operate in that county, as required by the board. (b)LEAD pilot programs shall include both of the following: (1)Authorization for designated peace officers to take a person for whom the officer has probable cause for arrest for any of the following offenses to a drug treatment facility or program for treatment, including detoxification and related services in lieu of that arrest: (A)Possession for sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption. (B)Sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption. (C)Possession of a controlled substance or other prohibited substance. (D)Being under the influence of a controlled substance or other prohibited substance. (E)Being under the influence of alcohol and a controlled substance or other prohibited substance. (2)Authorization for designated peace officers to take a person for whom the officer has probable cause for arrest for prostitution pursuant to subdivision (b) of Section 647, to an agency or entity that will provide services to that person in lieu of that arrest. Services pursuant to this paragraph may include, but are not limited to, housing, medical care, child care, treatment for alcohol or substance abuse, nutritional counseling and treatment, psychological counseling, employment, and employment training and education. (c)The Legislature finds and declares that a program similar to the LEAD program has been demonstrated in Seattle, Washington to lower recidivism of participants, increase cooperation by participants in treatment and related programs, and significantly reduce law enforcement and court costs. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Changes to existing law are necessary to facilitate implementation of reforms that have been recommended by the Parks Forward Commission to ensure vibrant and sustainable parks for all Californians and for present and future generations. (b) There are numerous existing local, regional, and statewide park support organizations collaborating with the Department of Parks and Recreation, managing and operating state parks, and providing resources and services to state parks. (c) The Department of Parks and Recreation needs to establish a new strategic partnership with a nonprofit park support organization that would complement and support the work of the department and other park partners by bringing new resources, expertise, and flexibility to assist the department in accomplishing its mission. SEC. 2. Article 1.5 (commencing with Section 520) is added to Chapter 1 of Division 1 of the Public Resources Code, to read: Article 1.5. Park Support Organization 520. For purposes of this article, the following terms shall have the following meanings: (a) “Park support organization” means a nonprofit organization that meets all of the following requirements: (1) Is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. (2) Is established for the principal purposes of increasing park access and visitation in ways that serve all Californians and visitors to the state, promoting healthy lifestyles and community engagement, and supporting the protection and stewardship of California’s natural, cultural, and historical lands, sites, and resources. (3) Complies with the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code). (b) “Priority list” means the annual list of strategic initiatives and projects developed by the department and the park support organization pursuant to Section 523. 521. (a) The department may enter into a statewide agreement with a park support organization to facilitate the implementation of reforms recommended by the Parks Forward Commission and to develop and secure expertise, services, resources, and projects that are not readily available to the state park system, for all of the following purposes: (1) To develop and engage new sources of public and private funding for the state park system, including philanthropic sources and enterprise and revenue generation activities, where appropriate. (2) To support marketing and communications activities that promote the programs, amenities, and resources of the state park system, the department, and its partners. (3) To support projects and programs that facilitate park access and visitation and enhance educational opportunities, particularly among younger and more diverse audiences. (4) To promote the health and well-being of the state’s residents. (5) To establish or improve, and support the completion of projects that establish or improve, state park visitor amenities and facilities. (6) To recruit more diverse staffing and improve capacity for state park programs. (7) To advance the protection and stewardship of natural, cultural, and historic lands, sites, and resources. (b) If the department enters into an agreement with a park support organization, the park support organization, in consultation with the department, shall do all of the following: (1) Communicate and coordinate with park agencies, partners, friends, and volunteers to ensure that activities undertaken pursuant to the agreement complement, support, facilitate, and amplify ongoing partnerships, programs, and projects in support of the state park system. (2) Engage with public agencies and organizations that manage, operate, and support other parks and protected lands in the state. 522. The director and the Director of Finance, or their respective designees, may serve as ex officio, nonvoting members of the park support organization’s board of directors in order to provide for effective communication and coordination of efforts between the departments and the park support organization. 522.5. The park support organization is not a state agency or state body. 523. (a) If the department enters into an agreement with a park support organization pursuant to Section 521, the department and the park support organization shall collaborate to develop an annual list of strategic initiatives and projects that are statewide priorities for the state park system and for the park support organization and that the park support organization will undertake in partnership with the department. (b) (1) Any initiative or project included on the priority list shall be consistent with the purposes specified in subdivision (a) of Section 521. (2) For the first three years of an agreement entered into pursuant to subdivision (a) of Section 521, the park support organization and the department shall prioritize a limited subset of focus areas and projects from the list of purposes specified in subdivision (a) of Section 521, consistent with paragraph (2) of subdivision (b) of Section 521. (c) Any initiative or project included on the priority list shall be consistent with Sections 5001.2 and 5019.53 regarding protection of the natural, scenic, cultural, and ecological values of the state park system. (d) The department shall post a copy of the priority list on its Internet Web site, and shall provide copies of the list to the chairpersons of the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Committee on Natural Resources and Water, and the Assembly Committee on Water, Parks, and Wildlife. 524. (a) In order to advance the purposes described in subdivision (a) of Section 521, an agreement between the department and the park support organization pursuant to Section 521 shall, at a minimum, include and specify all of the following: (1) Clear goals and objectives. (2) Any commitments of oversight, staffing, and coordination that are needed to accomplish the goals and objectives. (3) The process for developing the priority list pursuant to Section 523. (b) (1) The department may develop and enter into supplementary agreements with the park support organization for the purposes of securing any expertise, capacity, or financial resources that may be needed to identify, plan, develop, or implement strategic initiatives and projects on the priority list. Any such agreement may include, but not be limited to, grants, contracts, memoranda of understanding, staff-sharing agreements, leases, and rights of entry onto state park property. (2) Notwithstanding Section 5003.17, the department may lease to the park support organization, for a minimum rental of one dollar ($1.00) per year, real property that is owned by the state and included in any unit of the state park system, if the lease agreement requires the park support organization to construct, or provide for the construction of, a structure or improvement on the leased property and specifies that title to the structure or improvement shall vest in the state at the expiration of the lease term. The agreement may provide for the means or method by which title to the structure or improvement shall vest in the state before the expiration of that term. (3) Notwithstanding Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, any agreements entered into by the department pursuant to this subdivision shall be under the control of the department and shall not be subject to any advertising or competitive bidding requirements applicable to public works or other public projects. (4) Any construction, alteration, demolition, installation, or repair work undertaken by or on behalf of a park support organization on property owned by the state pursuant to this section shall constitute a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (c) The director may receive donations of projects, services, and funds from the park support organization as authorized by Sections 5005, 5009.1, 5009.2, and 5009.3. (d) The Director of Finance shall have 60 days to review and approve or disapprove any agreement or any substantial amendment to such an agreement, proposed under subdivision (a). Upon approval of the agreement, or substantial amendment, the director may accept donations and enter into supplementary agreements as authorized under subdivisions (b) and (c). 525. Nothing in this article shall be interpreted as a limitation on the ability of the park support organization to apply for, receive, or administer grants, loans, or other funds from public entities other than the department. The park support organization shall consult with the department if the department may also be applying for those funds. SEC. 3. Section 5003.17 of the Public Resources Code is amended to read: 5003.17. (a) The department may lease, for any use, all or any portion of any parcel of real property acquired for state park system purposes, if the director finds that the use would be compatible with the use of the real property as a unit or part of a unit and with the sound management and conservation of resources within the unit. (b) Rent shall be based on the fair market value of the property when used for the purpose for which it is leased. All rent shall be deposited pursuant to Section 5010. (c) The lease term shall not exceed 10 years. All leases are subject to the approval of the Department of General Services. (d) No lease shall be entered into that extends beyond the 10-year period unless both of the following conditions are met: (1) At least 30 days’ prior written notice of the proposed lease, including a copy of the proposed lease, has been provided by the director to the Joint Legislative Budget Committee. (2) The director has included with the proposed lease sufficient documentation to enable the Joint Legislative Budget Committee to determine whether the lease conforms to the requirements of this article and to evaluate fully all terms upon which the lease is proposed to be let, including the amount of the rent and other revenues that may be generated under the lease. SEC. 4. Section 5080.40 of the Public Resources Code is amended to read: 5080.40. (a) No operating lease or agreement shall be entered into, or amended, pursuant to this article unless at least 30 days’ written notice and a copy of the proposed operating lease or agreement, or amendment, has been provided by the director to the Joint Legislative Budget Committee. (b) The director shall include with the proposed lease or agreement or amendment sufficient documentation to enable the Joint Legislative Budget Committee to evaluate fully the estimated operating costs and revenues and all terms upon which the lease or agreement or amendment is proposed to be entered into. Specifically, the documentation shall identify both of the following: (1) Any anticipated costs to the state for operation or development under the lease or agreement or amendment and the anticipated state share of total operation and development costs. (2) The anticipated annual revenues, net of operation costs, for the unit and the state’s share of these revenues. (c) Leases or agreements shall be exempt from subdivisions (a) and (b) when all of the following conditions exist: (1) The lease or agreement involves operation of only a portion of a unit of the state park system. (2) The term of the lease or agreement is for a period of 20 years or less. (3) The lease’s or agreement’s impact to the unit, including concessions revenue, will not exceed one million dollars ($1,000,000) in annual gross revenue generated on the property. (4) The lease or agreement involves no significant change in state operational funding or staffing levels, and does not include present or future state expenditures for development of the unit. (d) Amendments to existing leases or agreements shall be exempt from subdivisions (a) and (b) when all of the following conditions exist: (1) The amendment involves operation of only a portion of a unit of the state park system. (2) The amendment’s impact to the unit will not exceed one million dollars ($1,000,000) in annual gross revenue generated on the property. (3) The amendment involves no significant change in state operational funding or staffing levels, and does not include present or future state expenditures for development of the unit. SEC. 5. Section 5080.42 of the Public Resources Code is amended to read: 5080.42. (a) Notwithstanding any other provision of this article, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, as agreed to by the director. The prohibition on park closures, pursuant to subdivision (a) of Section 541.5, does not limit the department’s authority to enter into an operating agreement pursuant to this section, as provided in subdivision (e) of Section 541.5. The department may only enter into an operating agreement that involves the operation of the entirety of a park unit for no more than 20 park units. An operating agreement with a qualified nonprofit organization shall include, but shall not be limited to, the following conditions: (1) The district superintendent for the department shall provide liaison with the department, the nonprofit organization, and the public. (2) The nonprofit organization shall annually submit a written report to the department regarding its operating activities during the prior year and shall make copies of the report available to the public upon request. The report shall be available on the Internet Web sites of both the department and the nonprofit organization. The report shall include a full accounting of all revenues and expenditures for each unit of the state park system that the nonprofit organization operates pursuant to an operating agreement. (3) (A) Except as provided in subparagraph (B), all revenues that the qualified nonprofit organization receives from a unit shall be expended only for the care, maintenance, operation, administration, improvement, or development of the unit. The qualified nonprofit organization may additionally contribute in-kind services and funds raised from outside entities for the care, maintenance, operation, administration, improvement, or development of the unit. (B) If the qualified nonprofit organization determines that the revenues it has received from a unit are in excess of the revenues that are needed for the care, maintenance, operation, administration, improvement, or development of that unit, and that these funds are not already specified for or committed to specific purposes pursuant to an existing agreement or contract restricting the use of those funds, the qualified nonprofit organization may dedicate those excess revenues to another state park unit for that unit’s care, maintenance, operation, administration, improvement, or development. (4) General Fund moneys shall not be provided to a nonprofit organization to subsidize the operation or maintenance of a park unit. This paragraph applies to state parks, the full operation of which are turned over to a nonprofit organization, but does not apply to or preclude the department from entering into agreements with nonprofit organizations to operate a portion of a state park unit, or from entering into comanagement agreements with nonprofit organizations that involve the sharing of operational and financial responsibilities for the park unit and that have the effect of reducing state costs. This paragraph does not apply to park entrance fees, concession revenues, or any other revenues generated within a park operated by a nonprofit organization pursuant to this section. (5) Jobs maintained under a memorandum of understanding between the state and the represented bargaining units shall not be eliminated pursuant to the agreement and shall continue to be state employment. (b) An operating agreement entered into pursuant to subdivision (a) shall honor the existing term of a current concession contract for the state park unit subject to the operating agreement. (c) An operating agreement entered into pursuant to subdivision (a) shall specify the duties that the nonprofit organization shall be responsible for carrying out relative to management and protection of natural, historical, and cultural resources, and shall identify those management duties that shall continue to be conducted by the department, so that all core operations of the park are delineated. Scientific, architectural, and engineering functions that require special expertise or professional training shall only be conducted by or under the supervision of qualified persons with applicable expertise or training and subject to oversight by the department. (d) This section does not supersede the requirements of Section 5019.53 regarding the protection of natural, scenic, cultural, and ecological values. (e) The nonprofit organization and the district superintendent for the department shall, following submittal of the annual report pursuant to subdivision (a), hold a joint public meeting for discussion of the report. (f) If the department intends to enter into an operating agreement for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or a portion of a unit, the department shall notify the Member of the Legislature in whose district the unit is located, the Chair of the Senate Committee on Natural Resources and Water, the Chair of the Assembly Committee on Water, Parks, and Wildlife, and the chairs of the Assembly and Senate budget committees of that intention. The notification shall include estimated operating costs and revenues and core duties and responsibilities that are likely to be assigned to the nonprofit organization and the department. (g) For purposes of this section, a qualified nonprofit organization is an organization that is all of the following: (1) An organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. (2) An organization that has as its principal purpose and activity to provide visitor services in state parks, facilitate public access to park resources, improve park facilities, provide interpretive and educational services, or provide direct protection or stewardship of natural, cultural, or historical lands, or resources. (3) An organization that is in compliance with the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code). (h) (1) Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the Legislature, on a biennial basis, of the status of operating agreements it has entered into pursuant to this section. The report shall include a list of units of the state park system with operating agreements, discussion of the management and operations of each unit subject to an operating agreement, an accounting of the revenues and expenditures incurred under each operating agreement, and an assessment of the benefit to the state from operating agreements entered into pursuant to this section. (2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (i) This section shall remain in effect until January 1, 2025, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2025, deletes or extends that date.

Existing law vests control of the state park system with the Department of Parks and Recreation and authorizes the department to enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, subject to certain conditions and requirements. This bill would repeal those provisions on January 1, 2025. The bill would also provide that an operating agreement may not eliminate jobs maintained under a memorandum of understanding. This bill would authorize the department to enter into a statewide agreement with a park support organization, as defined, to facilitate the implementation of reforms recommended by the Parks Forward Commission and to develop and secure expertise, services, resources, and projects that are not readily available to the state park system for specified purposes relating to the funding, visitation, use, facilities, and staffing of state parks, as provided. The bill would require the department to take specified actions relating to the development and implementation of such an agreement and would authorize the Director of Parks and Recreation and the Director of Finance, or their designees, to serve as ex officio, nonvoting members of the park support organization’s board of directors. The bill would require the department, if it enters into an agreement with a park support organization, to collaborate with the park support organization to develop an annual list of strategic initiatives and projects that are statewide priorities for the state park system and the park support organization and that the park support organization will undertake in partnership with the department. The bill would authorize the department to enter into supplementary agreements and leases, as provided, with the park support organization and receive donations of projects, services, and funds to be used for the support of the state park system, subject to the review and approval of the statewide agreement or substantial amendment of such an agreement by the Director of Finance. Existing law authorizes the department to lease, for any use, all or any portion of any parcel of real property acquired for state park system purposes, if the director finds that the use would be compatible with the use of the real property as a unit or part of a unit and with the sound management and conservation of resources within the unit, but prohibits the department from entering into a lease that extends beyond 10 years unless certain conditions for the review and approval of a proposed lease as part of the annual budget process are met. Existing law imposes similar review and approval requirements of operating leases or agreements that are expected to generate over $500,000 in annual gross revenues. This bill would revise certain of those conditions for the review and approval of a proposed lease or operating lease or agreement by the Joint Legislative Budget Committee, as specified. The bill would make those conditions applicable only to operating leases or agreements that are expected to generate over $1,000,000 in annual gross revenues.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Changes to existing law are necessary to facilitate implementation of reforms that have been recommended by the Parks Forward Commission to ensure vibrant and sustainable parks for all Californians and for present and future generations. (b) There are numerous existing local, regional, and statewide park support organizations collaborating with the Department of Parks and Recreation, managing and operating state parks, and providing resources and services to state parks. (c) The Department of Parks and Recreation needs to establish a new strategic partnership with a nonprofit park support organization that would complement and support the work of the department and other park partners by bringing new resources, expertise, and flexibility to assist the department in accomplishing its mission. SEC. 2. Article 1.5 (commencing with Section 520) is added to Chapter 1 of Division 1 of the Public Resources Code, to read: Article 1.5. Park Support Organization 520. For purposes of this article, the following terms shall have the following meanings: (a) “Park support organization” means a nonprofit organization that meets all of the following requirements: (1) Is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. (2) Is established for the principal purposes of increasing park access and visitation in ways that serve all Californians and visitors to the state, promoting healthy lifestyles and community engagement, and supporting the protection and stewardship of California’s natural, cultural, and historical lands, sites, and resources. (3) Complies with the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code). (b) “Priority list” means the annual list of strategic initiatives and projects developed by the department and the park support organization pursuant to Section 523. 521. (a) The department may enter into a statewide agreement with a park support organization to facilitate the implementation of reforms recommended by the Parks Forward Commission and to develop and secure expertise, services, resources, and projects that are not readily available to the state park system, for all of the following purposes: (1) To develop and engage new sources of public and private funding for the state park system, including philanthropic sources and enterprise and revenue generation activities, where appropriate. (2) To support marketing and communications activities that promote the programs, amenities, and resources of the state park system, the department, and its partners. (3) To support projects and programs that facilitate park access and visitation and enhance educational opportunities, particularly among younger and more diverse audiences. (4) To promote the health and well-being of the state’s residents. (5) To establish or improve, and support the completion of projects that establish or improve, state park visitor amenities and facilities. (6) To recruit more diverse staffing and improve capacity for state park programs. (7) To advance the protection and stewardship of natural, cultural, and historic lands, sites, and resources. (b) If the department enters into an agreement with a park support organization, the park support organization, in consultation with the department, shall do all of the following: (1) Communicate and coordinate with park agencies, partners, friends, and volunteers to ensure that activities undertaken pursuant to the agreement complement, support, facilitate, and amplify ongoing partnerships, programs, and projects in support of the state park system. (2) Engage with public agencies and organizations that manage, operate, and support other parks and protected lands in the state. 522. The director and the Director of Finance, or their respective designees, may serve as ex officio, nonvoting members of the park support organization’s board of directors in order to provide for effective communication and coordination of efforts between the departments and the park support organization. 522.5. The park support organization is not a state agency or state body. 523. (a) If the department enters into an agreement with a park support organization pursuant to Section 521, the department and the park support organization shall collaborate to develop an annual list of strategic initiatives and projects that are statewide priorities for the state park system and for the park support organization and that the park support organization will undertake in partnership with the department. (b) (1) Any initiative or project included on the priority list shall be consistent with the purposes specified in subdivision (a) of Section 521. (2) For the first three years of an agreement entered into pursuant to subdivision (a) of Section 521, the park support organization and the department shall prioritize a limited subset of focus areas and projects from the list of purposes specified in subdivision (a) of Section 521, consistent with paragraph (2) of subdivision (b) of Section 521. (c) Any initiative or project included on the priority list shall be consistent with Sections 5001.2 and 5019.53 regarding protection of the natural, scenic, cultural, and ecological values of the state park system. (d) The department shall post a copy of the priority list on its Internet Web site, and shall provide copies of the list to the chairpersons of the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Committee on Natural Resources and Water, and the Assembly Committee on Water, Parks, and Wildlife. 524. (a) In order to advance the purposes described in subdivision (a) of Section 521, an agreement between the department and the park support organization pursuant to Section 521 shall, at a minimum, include and specify all of the following: (1) Clear goals and objectives. (2) Any commitments of oversight, staffing, and coordination that are needed to accomplish the goals and objectives. (3) The process for developing the priority list pursuant to Section 523. (b) (1) The department may develop and enter into supplementary agreements with the park support organization for the purposes of securing any expertise, capacity, or financial resources that may be needed to identify, plan, develop, or implement strategic initiatives and projects on the priority list. Any such agreement may include, but not be limited to, grants, contracts, memoranda of understanding, staff-sharing agreements, leases, and rights of entry onto state park property. (2) Notwithstanding Section 5003.17, the department may lease to the park support organization, for a minimum rental of one dollar ($1.00) per year, real property that is owned by the state and included in any unit of the state park system, if the lease agreement requires the park support organization to construct, or provide for the construction of, a structure or improvement on the leased property and specifies that title to the structure or improvement shall vest in the state at the expiration of the lease term. The agreement may provide for the means or method by which title to the structure or improvement shall vest in the state before the expiration of that term. (3) Notwithstanding Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, any agreements entered into by the department pursuant to this subdivision shall be under the control of the department and shall not be subject to any advertising or competitive bidding requirements applicable to public works or other public projects. (4) Any construction, alteration, demolition, installation, or repair work undertaken by or on behalf of a park support organization on property owned by the state pursuant to this section shall constitute a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (c) The director may receive donations of projects, services, and funds from the park support organization as authorized by Sections 5005, 5009.1, 5009.2, and 5009.3. (d) The Director of Finance shall have 60 days to review and approve or disapprove any agreement or any substantial amendment to such an agreement, proposed under subdivision (a). Upon approval of the agreement, or substantial amendment, the director may accept donations and enter into supplementary agreements as authorized under subdivisions (b) and (c). 525. Nothing in this article shall be interpreted as a limitation on the ability of the park support organization to apply for, receive, or administer grants, loans, or other funds from public entities other than the department. The park support organization shall consult with the department if the department may also be applying for those funds. SEC. 3. Section 5003.17 of the Public Resources Code is amended to read: 5003.17. (a) The department may lease, for any use, all or any portion of any parcel of real property acquired for state park system purposes, if the director finds that the use would be compatible with the use of the real property as a unit or part of a unit and with the sound management and conservation of resources within the unit. (b) Rent shall be based on the fair market value of the property when used for the purpose for which it is leased. All rent shall be deposited pursuant to Section 5010. (c) The lease term shall not exceed 10 years. All leases are subject to the approval of the Department of General Services. (d) No lease shall be entered into that extends beyond the 10-year period unless both of the following conditions are met: (1) At least 30 days’ prior written notice of the proposed lease, including a copy of the proposed lease, has been provided by the director to the Joint Legislative Budget Committee. (2) The director has included with the proposed lease sufficient documentation to enable the Joint Legislative Budget Committee to determine whether the lease conforms to the requirements of this article and to evaluate fully all terms upon which the lease is proposed to be let, including the amount of the rent and other revenues that may be generated under the lease. SEC. 4. Section 5080.40 of the Public Resources Code is amended to read: 5080.40. (a) No operating lease or agreement shall be entered into, or amended, pursuant to this article unless at least 30 days’ written notice and a copy of the proposed operating lease or agreement, or amendment, has been provided by the director to the Joint Legislative Budget Committee. (b) The director shall include with the proposed lease or agreement or amendment sufficient documentation to enable the Joint Legislative Budget Committee to evaluate fully the estimated operating costs and revenues and all terms upon which the lease or agreement or amendment is proposed to be entered into. Specifically, the documentation shall identify both of the following: (1) Any anticipated costs to the state for operation or development under the lease or agreement or amendment and the anticipated state share of total operation and development costs. (2) The anticipated annual revenues, net of operation costs, for the unit and the state’s share of these revenues. (c) Leases or agreements shall be exempt from subdivisions (a) and (b) when all of the following conditions exist: (1) The lease or agreement involves operation of only a portion of a unit of the state park system. (2) The term of the lease or agreement is for a period of 20 years or less. (3) The lease’s or agreement’s impact to the unit, including concessions revenue, will not exceed one million dollars ($1,000,000) in annual gross revenue generated on the property. (4) The lease or agreement involves no significant change in state operational funding or staffing levels, and does not include present or future state expenditures for development of the unit. (d) Amendments to existing leases or agreements shall be exempt from subdivisions (a) and (b) when all of the following conditions exist: (1) The amendment involves operation of only a portion of a unit of the state park system. (2) The amendment’s impact to the unit will not exceed one million dollars ($1,000,000) in annual gross revenue generated on the property. (3) The amendment involves no significant change in state operational funding or staffing levels, and does not include present or future state expenditures for development of the unit. SEC. 5. Section 5080.42 of the Public Resources Code is amended to read: 5080.42. (a) Notwithstanding any other provision of this article, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or portion of a unit, of the state park system, as agreed to by the director. The prohibition on park closures, pursuant to subdivision (a) of Section 541.5, does not limit the department’s authority to enter into an operating agreement pursuant to this section, as provided in subdivision (e) of Section 541.5. The department may only enter into an operating agreement that involves the operation of the entirety of a park unit for no more than 20 park units. An operating agreement with a qualified nonprofit organization shall include, but shall not be limited to, the following conditions: (1) The district superintendent for the department shall provide liaison with the department, the nonprofit organization, and the public. (2) The nonprofit organization shall annually submit a written report to the department regarding its operating activities during the prior year and shall make copies of the report available to the public upon request. The report shall be available on the Internet Web sites of both the department and the nonprofit organization. The report shall include a full accounting of all revenues and expenditures for each unit of the state park system that the nonprofit organization operates pursuant to an operating agreement. (3) (A) Except as provided in subparagraph (B), all revenues that the qualified nonprofit organization receives from a unit shall be expended only for the care, maintenance, operation, administration, improvement, or development of the unit. The qualified nonprofit organization may additionally contribute in-kind services and funds raised from outside entities for the care, maintenance, operation, administration, improvement, or development of the unit. (B) If the qualified nonprofit organization determines that the revenues it has received from a unit are in excess of the revenues that are needed for the care, maintenance, operation, administration, improvement, or development of that unit, and that these funds are not already specified for or committed to specific purposes pursuant to an existing agreement or contract restricting the use of those funds, the qualified nonprofit organization may dedicate those excess revenues to another state park unit for that unit’s care, maintenance, operation, administration, improvement, or development. (4) General Fund moneys shall not be provided to a nonprofit organization to subsidize the operation or maintenance of a park unit. This paragraph applies to state parks, the full operation of which are turned over to a nonprofit organization, but does not apply to or preclude the department from entering into agreements with nonprofit organizations to operate a portion of a state park unit, or from entering into comanagement agreements with nonprofit organizations that involve the sharing of operational and financial responsibilities for the park unit and that have the effect of reducing state costs. This paragraph does not apply to park entrance fees, concession revenues, or any other revenues generated within a park operated by a nonprofit organization pursuant to this section. (5) Jobs maintained under a memorandum of understanding between the state and the represented bargaining units shall not be eliminated pursuant to the agreement and shall continue to be state employment. (b) An operating agreement entered into pursuant to subdivision (a) shall honor the existing term of a current concession contract for the state park unit subject to the operating agreement. (c) An operating agreement entered into pursuant to subdivision (a) shall specify the duties that the nonprofit organization shall be responsible for carrying out relative to management and protection of natural, historical, and cultural resources, and shall identify those management duties that shall continue to be conducted by the department, so that all core operations of the park are delineated. Scientific, architectural, and engineering functions that require special expertise or professional training shall only be conducted by or under the supervision of qualified persons with applicable expertise or training and subject to oversight by the department. (d) This section does not supersede the requirements of Section 5019.53 regarding the protection of natural, scenic, cultural, and ecological values. (e) The nonprofit organization and the district superintendent for the department shall, following submittal of the annual report pursuant to subdivision (a), hold a joint public meeting for discussion of the report. (f) If the department intends to enter into an operating agreement for the development, improvement, restoration, care, maintenance, administration, or operation of a unit or units, or a portion of a unit, the department shall notify the Member of the Legislature in whose district the unit is located, the Chair of the Senate Committee on Natural Resources and Water, the Chair of the Assembly Committee on Water, Parks, and Wildlife, and the chairs of the Assembly and Senate budget committees of that intention. The notification shall include estimated operating costs and revenues and core duties and responsibilities that are likely to be assigned to the nonprofit organization and the department. (g) For purposes of this section, a qualified nonprofit organization is an organization that is all of the following: (1) An organization that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. (2) An organization that has as its principal purpose and activity to provide visitor services in state parks, facilitate public access to park resources, improve park facilities, provide interpretive and educational services, or provide direct protection or stewardship of natural, cultural, or historical lands, or resources. (3) An organization that is in compliance with the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code). (h) (1) Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the Legislature, on a biennial basis, of the status of operating agreements it has entered into pursuant to this section. The report shall include a list of units of the state park system with operating agreements, discussion of the management and operations of each unit subject to an operating agreement, an accounting of the revenues and expenditures incurred under each operating agreement, and an assessment of the benefit to the state from operating agreements entered into pursuant to this section. (2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (i) This section shall remain in effect until January 1, 2025, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2025, deletes or extends that date. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares that pilot projects are demonstrating that schools have significantly lower special education costs when schools partner with county-funded Medi-Cal mental health services providers to address the mental health problems of pupils in a comprehensive multitiered model that includes services for pupils at the earliest time, usually years before they would require special education, which can often be prevented. Thus, the Legislature encourages the partnerships authorized by this act to, whenever possible, look for opportunities and funding to provide pupils who do not have individualized education programs, but are in need of, and could benefit from, prevention and early intervention services, with those services. The Legislature further encourages the State Department of Education and the State Department of Health Care Services to work toward the development of protocols to identify students who are Medi-Cal beneficiaries receiving educationally related mental health services as part of an individual educational plan for the purposes of data tracking. SEC. 2. Part 6 (commencing with Section 5920) is added to Division 5 of the Welfare and Institutions Code, to read: PART 6. County and Local Educational Agency Partnerships 5920. (a) Notwithstanding any other law, a county, or a qualified provider operating as part of the county mental health plan network, and a local educational agency may enter into a partnership that includes all of the following: (1) The coum 0;">(3) The local educational agency, with permission of the pupil’s parent, provides the county mental health plan provider with the information of the health insurance carrier for each pupil. (4) The agreement between the county mental health plan, or the qualified provider, and the local educational agency addresses how to cover the costs of mental health provider services not covered by funds pursuant to paragraph (1) in the event that mental health service costs exceed the agreed-upon funding outlined in the partnership agreement between the county mental health plan, or the qualified provider, and the local educational agency following a yearend cost reconciliation process, and in the event that the local educational agency does not elect to provide the services through other means. (5) The agreement between the county mental health plan, or the qualified provider, and the local educational agency fulfills reporting and all other requirements under state and federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and Medi-Cal EPSDT provisions, and measures the effect of the mental health intervention and how that intervention meets the goals in a pupil’s IEP or relevant plan for non-IEP pupils. (6) The county mental health plan, or the qualified provider, and the local educational agency participate in the performance outcome system established by the State Department of Health Care Services pursuant to Section 14707.5 to measure results of services provided under the partnership agreement between the county mental health plan, or the qualified provider, and the local educational agency. (7) A plan to establish a partnership described in this section in at least one school within the local educational agency in the first year and to expand the partnership to three additional schools within three years. (b) For purposes of this section, “local educational agency” has the same meaning as that term is defined in Section 56026.3 of the Education Code. (c) Where applicable, and to the extent mutually agreed to by a school district and a plan or insurer, it is the intent of the Legislature that a health care service plan or a health insurer be authorized to participate in the partnerships described in this part. 5921. (a) The County and Local Educational Agency Partnership Fund is hereby created in the State Treasury. Moneys in the fund are available, upon appropriation by the Legislature, to the State Department of Education for the purpose of funding the partnerships described in this part. The State Department of Education shall fund partnerships described in this part through a competitive grant program. (b) (1) For the 2017–18 fiscal year and each fiscal year thereafter, to the extent there is an appropriation in the annual Budget Act or another measure for purposes of this part, the Superintendent of Public Instruction shall allocate funds from that appropriation to the County and Local Educational Agency Partnership Fund. (2) Other funds identified and appropriated by the Legislature may also be deposited into the County and Local Educational Agency Partnership Fund and used for the purposes specified in subdivision (a). (c) Funds made available in the annual Budget Act for the purpose of providing educationally related mental health services, including out-of-home residential services for emotionally disturbed pupils, required by an individualized education program, shall be used only for that purpose and shall not be deposited into the County and Local Educational Agency Partnership Fund.

Existing law requires school districts, county offices of education, and special education local plan areas (SELPAs) to comply with state laws that conform to the federal Individuals with Disabilities Education Act, in order that the state may qualify for federal funds available for the education of individuals with exceptional needs. Existing law requires school districts, county offices of education, and SELPAs to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, and with special education and related services, including mental health services, as reflected in an individualized education program. Existing law contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. This bill would specifically authorize a county, or a qualified provider operating as part of the county mental health plan network, and a local educational agency to enter into a partnership that includes, among other things, an agreement between the county mental health plan, or the qualified provider, and the local educational agency that establishes a Medi-Cal mental health provider that is county operated or county contracted for the provision of mental health services to pupils of the local educational agency and in which there are provisions for the delivery of campus-based mental health services through qualified providers or qualified professionals to provide on-campus support to identify pupils with a specified education plan and pupils not in special education who a teacher believes may require those services and, with parental consent, to provide mental health services to those pupils. The bill would create the County and Local Educational Agency Partnership Fund in the State Treasury, which would be available, upon appropriation by the Legislature, to the State Department of Education for the purpose of funding these partnerships, as specified, and would require the State Department of Education to fund these partnerships through a competitive grant program. The bill would require funds made available in the annual Budget Act for the purpose of providing educationally related mental health services required by an individualized education program to be used only for that purpose and would prohibit those funds from being deposited into the County and Local Educational Agency Partnership Fund.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares that pilot projects are demonstrating that schools have significantly lower special education costs when schools partner with county-funded Medi-Cal mental health services providers to address the mental health problems of pupils in a comprehensive multitiered model that includes services for pupils at the earliest time, usually years before they would require special education, which can often be prevented. Thus, the Legislature encourages the partnerships authorized by this act to, whenever possible, look for opportunities and funding to provide pupils who do not have individualized education programs, but are in need of, and could benefit from, prevention and early intervention services, with those services. The Legislature further encourages the State Department of Education and the State Department of Health Care Services to work toward the development of protocols to identify students who are Medi-Cal beneficiaries receiving educationally related mental health services as part of an individual educational plan for the purposes of data tracking. SEC. 2. Part 6 (commencing with Section 5920) is added to Division 5 of the Welfare and Institutions Code, to read: PART 6. County and Local Educational Agency Partnerships 5920. (a) Notwithstanding any other law, a county, or a qualified provider operating as part of the county mental health plan network, and a local educational agency may enter into a partnership that includes all of the following: (1) The coum 0;">(3) The local educational agency, with permission of the pupil’s parent, provides the county mental health plan provider with the information of the health insurance carrier for each pupil. (4) The agreement between the county mental health plan, or the qualified provider, and the local educational agency addresses how to cover the costs of mental health provider services not covered by funds pursuant to paragraph (1) in the event that mental health service costs exceed the agreed-upon funding outlined in the partnership agreement between the county mental health plan, or the qualified provider, and the local educational agency following a yearend cost reconciliation process, and in the event that the local educational agency does not elect to provide the services through other means. (5) The agreement between the county mental health plan, or the qualified provider, and the local educational agency fulfills reporting and all other requirements under state and federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and Medi-Cal EPSDT provisions, and measures the effect of the mental health intervention and how that intervention meets the goals in a pupil’s IEP or relevant plan for non-IEP pupils. (6) The county mental health plan, or the qualified provider, and the local educational agency participate in the performance outcome system established by the State Department of Health Care Services pursuant to Section 14707.5 to measure results of services provided under the partnership agreement between the county mental health plan, or the qualified provider, and the local educational agency. (7) A plan to establish a partnership described in this section in at least one school within the local educational agency in the first year and to expand the partnership to three additional schools within three years. (b) For purposes of this section, “local educational agency” has the same meaning as that term is defined in Section 56026.3 of the Education Code. (c) Where applicable, and to the extent mutually agreed to by a school district and a plan or insurer, it is the intent of the Legislature that a health care service plan or a health insurer be authorized to participate in the partnerships described in this part. 5921. (a) The County and Local Educational Agency Partnership Fund is hereby created in the State Treasury. Moneys in the fund are available, upon appropriation by the Legislature, to the State Department of Education for the purpose of funding the partnerships described in this part. The State Department of Education shall fund partnerships described in this part through a competitive grant program. (b) (1) For the 2017–18 fiscal year and each fiscal year thereafter, to the extent there is an appropriation in the annual Budget Act or another measure for purposes of this part, the Superintendent of Public Instruction shall allocate funds from that appropriation to the County and Local Educational Agency Partnership Fund. (2) Other funds identified and appropriated by the Legislature may also be deposited into the County and Local Educational Agency Partnership Fund and used for the purposes specified in subdivision (a). (c) Funds made available in the annual Budget Act for the purpose of providing educationally related mental health services, including out-of-home residential services for emotionally disturbed pupils, required by an individualized education program, shall be used only for that purpose and shall not be deposited into the County and Local Educational Agency Partnership Fund. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 3605 of the Probate Code is amended to read: 3605. (a) This section applies only to a special needs trust established under Section 3604 on or after January 1, 1993. (b) While the special needs trust is in existence, the statute of limitations otherwise applicable to claims of the State Department of Health Care Services, the State Department of State Hospitals, the State Department of Developmental Services, and any county or city and county in this state is tolled. Notwithstanding any provision in the trust instrument, at the death of the special needs trust beneficiary or on termination of the trust, the trust property is subject to claims of the State Department of Health Care Services, the State Department of State Hospitals, the State Department of Developmental Services, and any county or city and county in this state to the extent authorized by law as if the trust property is owned by the beneficiary or is part of the beneficiary’s estate. (c) At the death of the special needs trust beneficiary or on termination of the trust, the trustee shall give notice of the beneficiary’s death or the trust termination, in the manner provided in Section 1215, to all of the following: (1) The State Department of Health Care Services, the State Department of State Hospitals, and the State Department of Developmental Services, addressed to the director of that department at the Sacramento office of the director. (2) Any county or city and county in this state that has made a written request to the trustee for notice, addressed to that county or city and county at the address specified in the request. (d) Failure to give the notice required by subdivision (c) prevents the running of the statute of limitations against the claim of the department, county, or city and county not given the notice. (e) The department, county, or city and county has four months after notice is given in which to make a claim with the trustee. If the trustee rejects the claim, the department, county, or city and county making the claim may petition the court for an order under Chapter 3 (commencing with Section 17200) of Part 5 of Division 9, directing the trustee to pay the claim. A claim made under this subdivision shall be paid as a preferred claim prior to any other distribution. If trust property is insufficient to pay all claims under this subdivision, the trustee shall petition the court for instructions and the claims shall be paid from trust property as the court deems just. (f) If trust property is distributed before expiration of four months after notice is given without payment of the claim, the department, county, or city and county has a claim against the distributees to the full extent of the claim, or each distributee’s share of trust property, whichever is less. The claim against distributees includes interest at a rate equal to that earned in the Pooled Money Investment Account, Article 4.5 (commencing with Section 16480) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, from the date of distribution or the date of filing the claim, whichever is later, plus other accruing costs as in the case of enforcement of a money judgment. (g) Notwithstanding subdivisions (a) to (f), inclusive, the trust property of the deceased beneficiary of a special needs trust is not subject to the claims of the state and local entities described in subdivision (b) if there is a surviving child who is a sibling of a deceased beneficiary, that surviving child is also the beneficiary of a special needs trust, and the trust of the deceased beneficiary provides for the transfer of the property in the trust of the deceased beneficiary to the special needs trust of the surviving sibling. 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 or survival 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 or survival, whichever is less. (b) The department may not claim in any of the following circumstances: (1) The decedent was under 55 when services were received, except in the case of an individual who had been an inpatient in a nursing facility. (2) Where If there is any of the following: (A) A surviving spouse during his or her lifetime. However, upon the death of a surviving spouse, the department shall make a claim against the estate of the surviving spouse, or against any recipient of property from the surviving spouse obtained by distribution or survival, for either the amount paid for the medical assistance given to the decedent or the value of any of the decedent’s property received by the surviving spouse through distribution or survival, whichever is less. Any statute of limitations that purports to limit the ability to recover for medical assistance granted under this chapter shall not apply to any claim made for reimbursement. (B) A surviving child who is under age 21. (C) 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.A. U.S.C. Sec. 1382c). (D) A surviving child who is the beneficiary of a special needs trust, and who is a sibling of a deceased beneficiary of a special needs trust, if the special needs trust of the deceased beneficiary provides for the transfer of the property in the trust of the deceased beneficiary to the special needs trust of the surviving sibling. (3) Any exemption described in paragraph (2) that restricts the department from filing a claim against a decedent’s property shall apply only to the proportionate share of the decedent’s estate or property that passes to those recipients, by survival or distribution, who qualify for an exemption under paragraph (2). (c) (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) The department shall notify individuals of the waiver provision and the opportunity for a hearing to establish that a waiver should be granted. (d) 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. (2) “Dependents” includes, but is not limited to, immediate family or blood relatives of the decedent.

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. Existing federal law provides that assets in specified trusts shall not be considered for the purposes of determining an individual’s eligibility for, or amount of, benefits under Medicaid but provides that the state shall receive all amounts remaining in those trusts upon the death of the trust beneficiary. Existing state law provides that while a special needs trust, as specified, is in existence, the statute of limitations otherwise applicable to claims of the State Department of Health Care Services, the State Department of Mental Health, the State Department of Developmental Services, and any county or city and county is tolled and that the trust property is subject to those claims at the death of the special needs trust beneficiary or on termination of the trust. This bill would exempt from the claims of those entities the trust property of a deceased beneficiary if there is a surviving child who is a sibling of the deceased beneficiary, that surviving child is also the beneficiary of a special needs trust, and the trust of the deceased beneficiary provides for the transfer of the property in the trust of the deceased beneficiary to the special needs trust of the surviving sibling.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 3605 of the Probate Code is amended to read: 3605. (a) This section applies only to a special needs trust established under Section 3604 on or after January 1, 1993. (b) While the special needs trust is in existence, the statute of limitations otherwise applicable to claims of the State Department of Health Care Services, the State Department of State Hospitals, the State Department of Developmental Services, and any county or city and county in this state is tolled. Notwithstanding any provision in the trust instrument, at the death of the special needs trust beneficiary or on termination of the trust, the trust property is subject to claims of the State Department of Health Care Services, the State Department of State Hospitals, the State Department of Developmental Services, and any county or city and county in this state to the extent authorized by law as if the trust property is owned by the beneficiary or is part of the beneficiary’s estate. (c) At the death of the special needs trust beneficiary or on termination of the trust, the trustee shall give notice of the beneficiary’s death or the trust termination, in the manner provided in Section 1215, to all of the following: (1) The State Department of Health Care Services, the State Department of State Hospitals, and the State Department of Developmental Services, addressed to the director of that department at the Sacramento office of the director. (2) Any county or city and county in this state that has made a written request to the trustee for notice, addressed to that county or city and county at the address specified in the request. (d) Failure to give the notice required by subdivision (c) prevents the running of the statute of limitations against the claim of the department, county, or city and county not given the notice. (e) The department, county, or city and county has four months after notice is given in which to make a claim with the trustee. If the trustee rejects the claim, the department, county, or city and county making the claim may petition the court for an order under Chapter 3 (commencing with Section 17200) of Part 5 of Division 9, directing the trustee to pay the claim. A claim made under this subdivision shall be paid as a preferred claim prior to any other distribution. If trust property is insufficient to pay all claims under this subdivision, the trustee shall petition the court for instructions and the claims shall be paid from trust property as the court deems just. (f) If trust property is distributed before expiration of four months after notice is given without payment of the claim, the department, county, or city and county has a claim against the distributees to the full extent of the claim, or each distributee’s share of trust property, whichever is less. The claim against distributees includes interest at a rate equal to that earned in the Pooled Money Investment Account, Article 4.5 (commencing with Section 16480) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code, from the date of distribution or the date of filing the claim, whichever is later, plus other accruing costs as in the case of enforcement of a money judgment. (g) Notwithstanding subdivisions (a) to (f), inclusive, the trust property of the deceased beneficiary of a special needs trust is not subject to the claims of the state and local entities described in subdivision (b) if there is a surviving child who is a sibling of a deceased beneficiary, that surviving child is also the beneficiary of a special needs trust, and the trust of the deceased beneficiary provides for the transfer of the property in the trust of the deceased beneficiary to the special needs trust of the surviving sibling. 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 or survival 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 or survival, whichever is less. (b) The department may not claim in any of the following circumstances: (1) The decedent was under 55 when services were received, except in the case of an individual who had been an inpatient in a nursing facility. (2) Where If there is any of the following: (A) A surviving spouse during his or her lifetime. However, upon the death of a surviving spouse, the department shall make a claim against the estate of the surviving spouse, or against any recipient of property from the surviving spouse obtained by distribution or survival, for either the amount paid for the medical assistance given to the decedent or the value of any of the decedent’s property received by the surviving spouse through distribution or survival, whichever is less. Any statute of limitations that purports to limit the ability to recover for medical assistance granted under this chapter shall not apply to any claim made for reimbursement. (B) A surviving child who is under age 21. (C) 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.A. U.S.C. Sec. 1382c). (D) A surviving child who is the beneficiary of a special needs trust, and who is a sibling of a deceased beneficiary of a special needs trust, if the special needs trust of the deceased beneficiary provides for the transfer of the property in the trust of the deceased beneficiary to the special needs trust of the surviving sibling. (3) Any exemption described in paragraph (2) that restricts the department from filing a claim against a decedent’s property shall apply only to the proportionate share of the decedent’s estate or property that passes to those recipients, by survival or distribution, who qualify for an exemption under paragraph (2). (c) (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) The department shall notify individuals of the waiver provision and the opportunity for a hearing to establish that a waiver should be granted. (d) 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. (2) “Dependents” includes, but is not limited to, immediate family or blood relatives of the decedent. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 51225.3 of the Education Code, as amended by Section 1 of Chapter 888 of the Statutes of 2014, is amended to read: 51225.3. (a) A pupil shall complete all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school: (1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified: (A) Three courses in English. (B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35. (C) Two courses in science, including biological and physical sciences. (D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics. (E) One course in visual or performing arts, foreign language, or, commencing with the 2012–13 school year, career technical education. (i) For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language. (ii) For purposes of this subparagraph, “a course in career technical education” means a course in a district-operated career technical education program that is aligned to the career technical model curriculum standards and framework adopted by the state board, including courses through a regional occupational center or program operated by a county superintendent of schools or pursuant to a joint powers agreement. (iii) This subparagraph does not require a school or school district that currently does not offer career technical education courses to start new career technical education programs for purposes of this section. (iv) If a school district or county office of education elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the governing board of the school district or county office of education, before offering that alternative to pupils, shall notify parents, teachers, pupils, and the public at a regularly scheduled meeting of the governing board of all of the following: (I) The intent to offer career technical education courses to fulfill the graduation requirement specified in this subparagraph. (II) The impact that offering career technical education courses, pursuant to this subparagraph, will have on the availability of courses that meet the eligibility requirements for admission to the California State University and the University of California, and whether the career technical education courses to be offered pursuant to this subparagraph are approved to satisfy those eligibility requirements. If a school district elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the school district shall comply with subdivision (m) of Section 48980. (III) The distinction, if any, between the high school graduation requirements of the school district or county office of education, and the eligibility requirements for admission to the California State University and the University of California. (F) Two courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code. (2) Other coursework requirements adopted by the governing board of the school district. (b) The governing board, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public. (c) On or before July 1, 2017, the department shall submit a comprehensive report to the appropriate policy committees of the Legislature on the addition of career technical education courses to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a), including, but not limited to, the following information: (1) A comparison of the pupil enrollment in career technical education courses, foreign language courses, and visual and performing arts courses for the 2005–06 to 2011–12 school years, inclusive, to the pupil enrollment in career technical education courses, foreign language courses, and visual and performing arts courses for the 2012–13 to 2016–17 school years, inclusive. (2) The reasons, reported by school districts, that pupils give for choosing to enroll in a career technical education course to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a). (3) The type and number of career technical education courses that were conducted for the 2005–06 to 2011–12 school years, inclusive, compared to the type and number of career technical education courses that were conducted for the 2012–13 to 2016–17 school years, inclusive. (4) The number of career technical education courses that satisfied the subject matter requirements for admission to the University of California or the California State University. (5) The extent to which the career technical education courses chosen by pupils are aligned with the California Career Technical Education Standards, and prepare pupils for employment, advanced training, and postsecondary education. (6) The number of career technical education courses that also satisfy the visual and performing arts requirement, and the number of career technical education courses that also satisfy the foreign language requirement. (7) Annual pupil dropout and graduation rates for the 2011–12 to 2014–15 school years, inclusive. (d) For purposes of completing the report described in subdivision (c), the Superintendent may use existing state resources and federal funds. If state or federal funds are not available or sufficient, the Superintendent may apply for and accept grants, and receive donations and other financial support from public or private sources for purposes of this section. (e) For purposes of completing the report described in subdivision (c), the Superintendent may accept support, including, but not limited to, financial and technical support, from high school reform advocates, teachers, chamber organizations, industry representatives, research centers, parents, and pupils. (f) This section shall become inoperative on the earlier of the following two dates: (1) On July 1, immediately following the first fiscal year after the enactment of the act that adds this paragraph in which the number of career technical education courses that, as determined by the department, satisfy the foreign language requirement for admission to the California State University and the University of California is at least twice the number of career technical education courses that meet these admission requirements as of January 1, 2012. This section shall be repealed on the following January 1, unless a later enacted statute, that becomes operative on or before that date, deletes or extends the dates on which it becomes inoperative and is repealed. It is the intent of the Legislature that new career technical education courses that satisfy the foreign language requirement for admission to the California State University and the University of California focus on world languages aligned with career preparation, emphasizing real-world application and technical content in related career and technical education courses. (2) On July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.

Existing law requires each pupil completing grade 12 to satisfy certain requirements as a condition of receiving a diploma of graduation from high school. These requirements include the completion of designated coursework in grades 9 to 12, inclusive. The coursework requirements include, among others, the completion of one course in visual or performing arts, foreign language, or, commencing with the 2012–13 school year and continuing until the end of the 2016–17 school year on July 1, 2017, or until the occurrence of a specified event relating to career technical education requirements of the University of California and the California State University, whichever occurs earlier, career technical education, as specified. This bill would instead require that the coursework requirements include, among others, the completion of one course in visual or performing arts, foreign language, or, commencing with the 2012–13 school year and continuing until the end of the 2021–22 school year on July 1, 2022, or until the occurrence of a specified event relating to career technical education requirements of the University of California and the California State University, whichever occurs earlier, career technical education, as specified.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 51225.3 of the Education Code, as amended by Section 1 of Chapter 888 of the Statutes of 2014, is amended to read: 51225.3. (a) A pupil shall complete all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school: (1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified: (A) Three courses in English. (B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35. (C) Two courses in science, including biological and physical sciences. (D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics. (E) One course in visual or performing arts, foreign language, or, commencing with the 2012–13 school year, career technical education. (i) For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in foreign language. (ii) For purposes of this subparagraph, “a course in career technical education” means a course in a district-operated career technical education program that is aligned to the career technical model curriculum standards and framework adopted by the state board, including courses through a regional occupational center or program operated by a county superintendent of schools or pursuant to a joint powers agreement. (iii) This subparagraph does not require a school or school district that currently does not offer career technical education courses to start new career technical education programs for purposes of this section. (iv) If a school district or county office of education elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the governing board of the school district or county office of education, before offering that alternative to pupils, shall notify parents, teachers, pupils, and the public at a regularly scheduled meeting of the governing board of all of the following: (I) The intent to offer career technical education courses to fulfill the graduation requirement specified in this subparagraph. (II) The impact that offering career technical education courses, pursuant to this subparagraph, will have on the availability of courses that meet the eligibility requirements for admission to the California State University and the University of California, and whether the career technical education courses to be offered pursuant to this subparagraph are approved to satisfy those eligibility requirements. If a school district elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the school district shall comply with subdivision (m) of Section 48980. (III) The distinction, if any, between the high school graduation requirements of the school district or county office of education, and the eligibility requirements for admission to the California State University and the University of California. (F) Two courses in physical education, unless the pupil has been exempted pursuant to the provisions of this code. (2) Other coursework requirements adopted by the governing board of the school district. (b) The governing board, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public. (c) On or before July 1, 2017, the department shall submit a comprehensive report to the appropriate policy committees of the Legislature on the addition of career technical education courses to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a), including, but not limited to, the following information: (1) A comparison of the pupil enrollment in career technical education courses, foreign language courses, and visual and performing arts courses for the 2005–06 to 2011–12 school years, inclusive, to the pupil enrollment in career technical education courses, foreign language courses, and visual and performing arts courses for the 2012–13 to 2016–17 school years, inclusive. (2) The reasons, reported by school districts, that pupils give for choosing to enroll in a career technical education course to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a). (3) The type and number of career technical education courses that were conducted for the 2005–06 to 2011–12 school years, inclusive, compared to the type and number of career technical education courses that were conducted for the 2012–13 to 2016–17 school years, inclusive. (4) The number of career technical education courses that satisfied the subject matter requirements for admission to the University of California or the California State University. (5) The extent to which the career technical education courses chosen by pupils are aligned with the California Career Technical Education Standards, and prepare pupils for employment, advanced training, and postsecondary education. (6) The number of career technical education courses that also satisfy the visual and performing arts requirement, and the number of career technical education courses that also satisfy the foreign language requirement. (7) Annual pupil dropout and graduation rates for the 2011–12 to 2014–15 school years, inclusive. (d) For purposes of completing the report described in subdivision (c), the Superintendent may use existing state resources and federal funds. If state or federal funds are not available or sufficient, the Superintendent may apply for and accept grants, and receive donations and other financial support from public or private sources for purposes of this section. (e) For purposes of completing the report described in subdivision (c), the Superintendent may accept support, including, but not limited to, financial and technical support, from high school reform advocates, teachers, chamber organizations, industry representatives, research centers, parents, and pupils. (f) This section shall become inoperative on the earlier of the following two dates: (1) On July 1, immediately following the first fiscal year after the enactment of the act that adds this paragraph in which the number of career technical education courses that, as determined by the department, satisfy the foreign language requirement for admission to the California State University and the University of California is at least twice the number of career technical education courses that meet these admission requirements as of January 1, 2012. This section shall be repealed on the following January 1, unless a later enacted statute, that becomes operative on or before that date, deletes or extends the dates on which it becomes inoperative and is repealed. It is the intent of the Legislature that new career technical education courses that satisfy the foreign language requirement for admission to the California State University and the University of California focus on world languages aligned with career preparation, emphasizing real-world application and technical content in related career and technical education courses. (2) On July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed. ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 5122

The people of the State of California do enact as follows: SECTION 1. Section 2869 of the Public Utilities Code is amended to read: 2869. (a) (1) An independent solar energy producer contracting for the use or sale of electricity or the lease of a solar energy system, system to an entity or person, person for use in a residence shall include a disclosure to the buyer or lessee that, at a minimum, includes all of the following: (A) A good faith estimate of the kilowatthours to be delivered by the solar energy system. (B) A plain language explanation of the terms under which the pricing will be calculated over the life of the contract and a good faith estimate of the price per kilowatthour. (C) A plain language explanation of operation and maintenance responsibilities of the contract parties. (D) A plain language explanation of the contract provisions regulating the disposition or transfer of the contract in the event of a transfer of ownership of the residence, as well as the costs or potential costs associated with the disposition or transfer of the contract. (E) A plain language explanation of the disposition of the solar energy system at the end of the term of the contract. (2) The commission may require, as a condition of receiving ratepayer funded incentives, that an independent solar energy producer provide additional disclosure disclosures to the buyer or lessee, the commission, or both. (b) An independent solar energy producer contracting for the use or sale of electricity or the lease of a solar energy system, system to an entity or person, person for use in a residence shall record a Notice of an Independent Solar Energy Producer Contract, within 30 days of the signing of the contract, against the title to the real property on which the electricity is generated, and against the title to any adjacent real property on which the electricity will be used, in the office of the county recorder for the county in which the real property is located. The notice shall include all of the following and may include additional information: (1) (A) If the solar energy system is located on the real property, a prominent title at the top of the document in 14-point type stating “Notice of an Independent Solar Energy Producer Contract” and the following statement: “This real property is receiving part of its electric service from an independent solar energy producer that has retained ownership of a solar electric generation system that is located on the real property. The independent solar energy producer provides electric service to the current owner of this real property through a long-term contract for electric service. The independent solar energy producer is required to provide a copy of the contract to a prospective buyer of the real property within ten (10) days of the receipt of a written request from the current owner of this real property.” (B) If the solar energy system is located on an adjacent real property, a prominent title at the top of the document in 14-point type stating “Notice of an Independent Solar Energy Producer Contract” and the following statement: “This real property is receiving part of its electric service from an independent solar energy producer that has retained ownership of a solar electric generation system that is located on an adjacent real property. The independent solar energy producer provides electric service to the current owner of this real property through a long-term contract for electric service. The independent solar energy producer is required to provide a copy of the contract to a prospective buyer of this real property within ten (10) days of the receipt of a written request from the current owner of this real property.” (2) The address and assessor’s parcel number of the real property against which the notice is recorded. (3) The name, address, and telephone number of the independent solar energy producer, and any other contact information deemed necessary by the independent solar energy producer. (4) A statement identifying whether the contract is a contract for the sale of electricity or for the lease of a solar energy system, and providing the dates on which the contract commences and terminates. (5) A plain language summary of the potential costs, consequences, and assignment of responsibilities, if any, that could result in the event the contract is terminated. (c) (1) The recorded Notice of an Independent Solar Energy Producer Contract does not constitute a title defect, lien, or encumbrance against the real property, and the independent solar energy producer shall be solely responsible for the accuracy of the information provided in the notice and for recording the document with the county recorder. (2) The independent solar energy producer shall record a subsequent document extinguishing the Notice of an Independent Solar Energy Producer Contract if the contract is voided, terminated, sold, assigned, or transferred. If the independent solar energy producer transfers its obligation under the contract or changes its contact information, it shall record a new notice reflecting these changes within 30 days of their occurrence. (3) Within 30 days of the termination of a contract for the use or sale of electricity or the lease of a solar energy system, the independent solar energy producer shall record a subsequent document extinguishing the Notice of an Independent Solar Energy Producer Contract from the title to the real property on which the electricity is generated, generated and from the title to any adjacent real property on which the electricity was used, used in the office of the county recorder for the county in which the real property is located. (d) An independent solar energy producer contracting for the use or sale of electricity or the lease of a solar energy system shall provide a copy of the existing contract to a prospective buyer of the real property where the electricity is used or generated within ten (10) days of the receipt of a written request from the current owner of the real property. (e) (1) All contracts for the sale of electricity by an independent solar energy producer to an entity or person, person for use in a residential dwelling shall be made available to the commission upon its request, and shall be confidential, except as provided for in this subdivision. The disclosures required by subdivision (a) may be made open to public inspection or made public by the commission. (2) A contract provided to the commission pursuant to this subdivision shall not be open to public inspection or made public, except on order of the commission, or by the commission or a commissioner in the course of a hearing or proceeding. (3) This subdivision does not eliminate or modify any rule or provision of law that provides for the confidentiality of information submitted to the commission in the course of its proceedings. (f) A master-meter customer of an electric utility who purchases electricity or leases a solar energy system from an independent solar energy producer, and who provides electric service to users who are tenants of a mobilehome park, apartment building, or similar residential complex, shall do both of the following: (1) Charge each user of the electric service that is under a submetered system a rate for the solar generated electricity not to exceed the rate charged by the independent solar energy producer or the electric utility’s rate for an equivalent amount of electricity, whichever is lower. (2) Comply with the provisions of Section 739.5 or 12821.5, and any rules set forth by an electric utility for master-meter customers. (g) No transfer of real property subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article. Any person who willfully or negligently violates or fails to perform any duty prescribed by any provision of this article shall be civilly liable in the amount of actual damages suffered by a transferee or transferor of the real property as a consequence of that violation or failure.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law requires an independent solar energy producer, as defined, contracting for the use or sale of electricity or the lease of a solar energy system, as defined, to an entity or person for use in a residence to make certain disclosures to the buyer or lessee, including a plain language explanation of the contract provisions regulating the disposition or transfer of the contract in the event of a transfer of ownership of the residence, as well as the costs or potential costs associated with the disposition or transfer of the contract. This bill would make nonsubstantive changes to those provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 2869 of the Public Utilities Code is amended to read: 2869. (a) (1) An independent solar energy producer contracting for the use or sale of electricity or the lease of a solar energy system, system to an entity or person, person for use in a residence shall include a disclosure to the buyer or lessee that, at a minimum, includes all of the following: (A) A good faith estimate of the kilowatthours to be delivered by the solar energy system. (B) A plain language explanation of the terms under which the pricing will be calculated over the life of the contract and a good faith estimate of the price per kilowatthour. (C) A plain language explanation of operation and maintenance responsibilities of the contract parties. (D) A plain language explanation of the contract provisions regulating the disposition or transfer of the contract in the event of a transfer of ownership of the residence, as well as the costs or potential costs associated with the disposition or transfer of the contract. (E) A plain language explanation of the disposition of the solar energy system at the end of the term of the contract. (2) The commission may require, as a condition of receiving ratepayer funded incentives, that an independent solar energy producer provide additional disclosure disclosures to the buyer or lessee, the commission, or both. (b) An independent solar energy producer contracting for the use or sale of electricity or the lease of a solar energy system, system to an entity or person, person for use in a residence shall record a Notice of an Independent Solar Energy Producer Contract, within 30 days of the signing of the contract, against the title to the real property on which the electricity is generated, and against the title to any adjacent real property on which the electricity will be used, in the office of the county recorder for the county in which the real property is located. The notice shall include all of the following and may include additional information: (1) (A) If the solar energy system is located on the real property, a prominent title at the top of the document in 14-point type stating “Notice of an Independent Solar Energy Producer Contract” and the following statement: “This real property is receiving part of its electric service from an independent solar energy producer that has retained ownership of a solar electric generation system that is located on the real property. The independent solar energy producer provides electric service to the current owner of this real property through a long-term contract for electric service. The independent solar energy producer is required to provide a copy of the contract to a prospective buyer of the real property within ten (10) days of the receipt of a written request from the current owner of this real property.” (B) If the solar energy system is located on an adjacent real property, a prominent title at the top of the document in 14-point type stating “Notice of an Independent Solar Energy Producer Contract” and the following statement: “This real property is receiving part of its electric service from an independent solar energy producer that has retained ownership of a solar electric generation system that is located on an adjacent real property. The independent solar energy producer provides electric service to the current owner of this real property through a long-term contract for electric service. The independent solar energy producer is required to provide a copy of the contract to a prospective buyer of this real property within ten (10) days of the receipt of a written request from the current owner of this real property.” (2) The address and assessor’s parcel number of the real property against which the notice is recorded. (3) The name, address, and telephone number of the independent solar energy producer, and any other contact information deemed necessary by the independent solar energy producer. (4) A statement identifying whether the contract is a contract for the sale of electricity or for the lease of a solar energy system, and providing the dates on which the contract commences and terminates. (5) A plain language summary of the potential costs, consequences, and assignment of responsibilities, if any, that could result in the event the contract is terminated. (c) (1) The recorded Notice of an Independent Solar Energy Producer Contract does not constitute a title defect, lien, or encumbrance against the real property, and the independent solar energy producer shall be solely responsible for the accuracy of the information provided in the notice and for recording the document with the county recorder. (2) The independent solar energy producer shall record a subsequent document extinguishing the Notice of an Independent Solar Energy Producer Contract if the contract is voided, terminated, sold, assigned, or transferred. If the independent solar energy producer transfers its obligation under the contract or changes its contact information, it shall record a new notice reflecting these changes within 30 days of their occurrence. (3) Within 30 days of the termination of a contract for the use or sale of electricity or the lease of a solar energy system, the independent solar energy producer shall record a subsequent document extinguishing the Notice of an Independent Solar Energy Producer Contract from the title to the real property on which the electricity is generated, generated and from the title to any adjacent real property on which the electricity was used, used in the office of the county recorder for the county in which the real property is located. (d) An independent solar energy producer contracting for the use or sale of electricity or the lease of a solar energy system shall provide a copy of the existing contract to a prospective buyer of the real property where the electricity is used or generated within ten (10) days of the receipt of a written request from the current owner of the real property. (e) (1) All contracts for the sale of electricity by an independent solar energy producer to an entity or person, person for use in a residential dwelling shall be made available to the commission upon its request, and shall be confidential, except as provided for in this subdivision. The disclosures required by subdivision (a) may be made open to public inspection or made public by the commission. (2) A contract provided to the commission pursuant to this subdivision shall not be open to public inspection or made public, except on order of the commission, or by the commission or a commissioner in the course of a hearing or proceeding. (3) This subdivision does not eliminate or modify any rule or provision of law that provides for the confidentiality of information submitted to the commission in the course of its proceedings. (f) A master-meter customer of an electric utility who purchases electricity or leases a solar energy system from an independent solar energy producer, and who provides electric service to users who are tenants of a mobilehome park, apartment building, or similar residential complex, shall do both of the following: (1) Charge each user of the electric service that is under a submetered system a rate for the solar generated electricity not to exceed the rate charged by the independent solar energy producer or the electric utility’s rate for an equivalent amount of electricity, whichever is lower. (2) Comply with the provisions of Section 739.5 or 12821.5, and any rules set forth by an electric utility for master-meter customers. (g) No transfer of real property subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article. Any person who willfully or negligently violates or fails to perform any duty prescribed by any provision of this article shall be civilly liable in the amount of actual damages suffered by a transferee or transferor of the real property as a consequence of that violation or failure. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1473 of the Penal Code is amended to read: 1473. (a) A person unlawfully imprisoned or restrained of his or her liberty, under any pretense, may prosecute a writ of habeas corpus to inquire into the cause of his or her imprisonment or restraint. (b) A writ of habeas corpus may be prosecuted for, but not limited to, the following reasons: (1) False evidence that is substantially material or probative on the issue of guilt or punishment was introduced against a person at a hearing or trial relating to his or her incarceration. (2) False physical evidence, believed by a person to be factual, probative, or material on the issue of guilt, which was known by the person at the time of entering a plea of guilty, which was a material factor directly related to the plea of guilty by the person. (3) (A) New evidence exists that is credible, material, presented without substantial delay, and of such decisive force and value that it would have more likely than not changed the outcome at trial. (B) For purposes of this section, “new evidence” means evidence that has been discovered after trial, that could not have been discovered prior to trial by the exercise of due diligence, and is admissible and not merely cumulative, corroborative, collateral, or impeaching. (c) Any allegation that the prosecution knew or should have known of the false nature of the evidence referred to in paragraphs (1) and (2) of subdivision (b) is immaterial to the prosecution of a writ of habeas corpus brought pursuant to paragraph (1) or (2) of subdivision (b). (d) This section does not limit the grounds for which a writ of habeas corpus may be prosecuted or preclude the use of any other remedies. (e) (1) For purposes of this section, “false evidence” includes opinions of experts that have either been repudiated by the expert who originally provided the opinion at a hearing or trial or that have been undermined by later scientific research or technological advances. (2) This section does not create additional liabilities, beyond those already recognized, for an expert who repudiates his or her original opinion provided at a hearing or trial or whose opinion has been undermined by later scientific research or technological advancements. SEC. 2. Section 1485.5 of the Penal Code is amended to read: 1485.5. (a) If the district attorney or Attorney General stipulates to or does not contest the factual allegations underlying one or more of the grounds for granting a writ of habeas corpus or a motion to vacate a judgment, the facts underlying the basis for the court’s ruling or order shall be binding on the Attorney General, the factfinder, and the California Victim Compensation Board. (b) The district attorney shall provide notice to the Attorney General prior to entering into a stipulation of facts that will be the basis for the granting of a writ of habeas corpus or a motion to vacate a judgment. (c) In a contested or uncontested proceeding, the express factual findings made by the court, including credibility determinations, in considering a petition for habeas corpus, a motion to vacate judgment pursuant to Section 1473.6, or an application for a certificate of factual innocence, shall be binding on the Attorney General, the factfinder, and the California Victim Compensation Board. (d) For the purposes of this section, “express factual findings” are findings established as the basis for the court’s ruling or order. (e) For purposes of this section, “court” is defined as a state or federal court. SEC. 3. Section 1485.55 of the Penal Code is amended to read: 1485.55. (a) In a contested proceeding, if the court has granted a writ of habeas corpus or when, pursuant to Section 1473.6, the court vacates a judgment, and if the court has found that the person is factually innocent, that finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and the claim paid pursuant to Section 4904. (b) In a contested or uncontested proceeding, if the court grants a writ of habeas corpus and did not find the person factually innocent in the habeas corpus proceedings, the petitioner may move for a finding of factual innocence by a preponderance of the evidence that the crime with which he or she was charged was either not committed at all or, if committed, was not committed by him or her. (c) If the court vacates a judgment pursuant to Section 1473.6, on any ground, the petitioner may move for a finding of factual innocence by a preponderance of the evidence that the crime with which he or she was charged was either not committed at all or, if committed, was not committed by him or her. (d) If the court makes a finding that the petitioner has proven his or her factual innocence by a preponderance of the evidence pursuant to subdivision (b) or (c), the board shall, without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid pursuant to Section 4904. (e) A presumption does not exist in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivision (b) or (c). (f) If a federal court, after granting a writ of habeas corpus, pursuant to a nonstatutory motion or request, finds a petitioner factually innocent by no less than a preponderance of the evidence that the crime with which he or she was charged was either not committed at all or, if committed, was not committed by him or her, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid pursuant to Section 4904.

Existing law allows every person who is unlawfully imprisoned or restrained of his or her liberty to prosecute a writ of habeas corpus to inquire into the cause of his or her imprisonment or restraint. Existing law allows a writ of habeas corpus to be prosecuted for, but not limited to, false evidence that is substantially material or probative to the issue of guilt or punishment that was introduced at trial and false physical evidence which was a material factor directly related to the plea of guilty of the person. This bill would additionally allow a writ of habeas corpus to be prosecuted on the basis of new evidence that is credible, material, presented without substantial delay, and of such decisive force and value that it would have more likely than not changed the outcome at trial. Existing law requires the California Victim Compensation Board to recommend an appropriation be made by the Legislature for the purpose of indemnifying a person if the evidence shows that a crime with which the person was charged was either not committed at all, or, if committed, was not committed by that person. Existing law requires that the appropriation recommended shall be a sum equivalent to $140 per day of incarceration served. If a court grants a writ of habeas corpus or vacates a judgment on the basis of new evidence and finds that the new evidence points unerringly to innocence, existing law requires the board to recommend an appropriation to the Legislature pursuant to these provisions without a hearing. This bill would require the board, without a hearing, to recommend an appropriation to the Legislature if the court finds that the person is factually innocent. The bill would make additional clarifying and technical changes.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1473 of the Penal Code is amended to read: 1473. (a) A person unlawfully imprisoned or restrained of his or her liberty, under any pretense, may prosecute a writ of habeas corpus to inquire into the cause of his or her imprisonment or restraint. (b) A writ of habeas corpus may be prosecuted for, but not limited to, the following reasons: (1) False evidence that is substantially material or probative on the issue of guilt or punishment was introduced against a person at a hearing or trial relating to his or her incarceration. (2) False physical evidence, believed by a person to be factual, probative, or material on the issue of guilt, which was known by the person at the time of entering a plea of guilty, which was a material factor directly related to the plea of guilty by the person. (3) (A) New evidence exists that is credible, material, presented without substantial delay, and of such decisive force and value that it would have more likely than not changed the outcome at trial. (B) For purposes of this section, “new evidence” means evidence that has been discovered after trial, that could not have been discovered prior to trial by the exercise of due diligence, and is admissible and not merely cumulative, corroborative, collateral, or impeaching. (c) Any allegation that the prosecution knew or should have known of the false nature of the evidence referred to in paragraphs (1) and (2) of subdivision (b) is immaterial to the prosecution of a writ of habeas corpus brought pursuant to paragraph (1) or (2) of subdivision (b). (d) This section does not limit the grounds for which a writ of habeas corpus may be prosecuted or preclude the use of any other remedies. (e) (1) For purposes of this section, “false evidence” includes opinions of experts that have either been repudiated by the expert who originally provided the opinion at a hearing or trial or that have been undermined by later scientific research or technological advances. (2) This section does not create additional liabilities, beyond those already recognized, for an expert who repudiates his or her original opinion provided at a hearing or trial or whose opinion has been undermined by later scientific research or technological advancements. SEC. 2. Section 1485.5 of the Penal Code is amended to read: 1485.5. (a) If the district attorney or Attorney General stipulates to or does not contest the factual allegations underlying one or more of the grounds for granting a writ of habeas corpus or a motion to vacate a judgment, the facts underlying the basis for the court’s ruling or order shall be binding on the Attorney General, the factfinder, and the California Victim Compensation Board. (b) The district attorney shall provide notice to the Attorney General prior to entering into a stipulation of facts that will be the basis for the granting of a writ of habeas corpus or a motion to vacate a judgment. (c) In a contested or uncontested proceeding, the express factual findings made by the court, including credibility determinations, in considering a petition for habeas corpus, a motion to vacate judgment pursuant to Section 1473.6, or an application for a certificate of factual innocence, shall be binding on the Attorney General, the factfinder, and the California Victim Compensation Board. (d) For the purposes of this section, “express factual findings” are findings established as the basis for the court’s ruling or order. (e) For purposes of this section, “court” is defined as a state or federal court. SEC. 3. Section 1485.55 of the Penal Code is amended to read: 1485.55. (a) In a contested proceeding, if the court has granted a writ of habeas corpus or when, pursuant to Section 1473.6, the court vacates a judgment, and if the court has found that the person is factually innocent, that finding shall be binding on the California Victim Compensation Board for a claim presented to the board, and upon application by the person, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and the claim paid pursuant to Section 4904. (b) In a contested or uncontested proceeding, if the court grants a writ of habeas corpus and did not find the person factually innocent in the habeas corpus proceedings, the petitioner may move for a finding of factual innocence by a preponderance of the evidence that the crime with which he or she was charged was either not committed at all or, if committed, was not committed by him or her. (c) If the court vacates a judgment pursuant to Section 1473.6, on any ground, the petitioner may move for a finding of factual innocence by a preponderance of the evidence that the crime with which he or she was charged was either not committed at all or, if committed, was not committed by him or her. (d) If the court makes a finding that the petitioner has proven his or her factual innocence by a preponderance of the evidence pursuant to subdivision (b) or (c), the board shall, without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid pursuant to Section 4904. (e) A presumption does not exist in any other proceeding for failure to make a motion or obtain a favorable ruling pursuant to subdivision (b) or (c). (f) If a federal court, after granting a writ of habeas corpus, pursuant to a nonstatutory motion or request, finds a petitioner factually innocent by no less than a preponderance of the evidence that the crime with which he or she was charged was either not committed at all or, if committed, was not committed by him or her, the board shall, without a hearing, recommend to the Legislature that an appropriation be made and any claim filed shall be paid pursuant to Section 4904. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1367.031 is added to the Health and Safety Code, to read: 1367.031. (a) A health care service plan contract that is issued, renewed, or amended on or after July 1, 2017, shall provide information to an enrollee regarding the standards for timely access to care adopted pursuant to Section 1367.03 and the information required by this section, including information related to receipt of interpreter services in a timely manner, no less than annually. (b) A health care service plan at a minimum shall provide information regarding appointment wait times for urgent care, nonurgent primary care, nonurgent specialty care, and telephone screening established pursuant to Section 1367.03 to enrollees and contracting providers. The information shall also include notice of the availability of interpreter services at the time of the appointment pursuant to Section 1367.04. A health care service plan may indicate that exceptions to appointment wait times may apply if the department has found exceptions to be permissible. (c) The information required to be provided pursuant to this section shall be provided to an enrollee with individual coverage upon initial enrollment and annually thereafter upon renewal, and to enrollees and subscribers with group coverage upon initial enrollment and annually thereafter upon renewal. A health care service plan may include this information with other materials sent to the enrollee. The information shall also be provided in the following manner: (1) In a separate section of the evidence of coverage titled “Timely Access to Care.” (2) At least annually, in or with newsletters, outreach, or other materials that are routinely disseminated to the plan’s enrollees. (3) Commencing January 1, 2018, in a separate section of the provider directory published and maintained by the health care service plan pursuant to Section 1367.27. The separate section shall be titled “Timely Access to Care.” (4) On the Internet Web site published and maintained by the health care service plan, in a manner that allows enrollees and prospective enrollees to easily locate the information. (d) (1) A health care service plan shall provide the information required by this section to contracting providers on no less than an annual basis. (2) A health care service plan shall also inform a contracting provider of all of the following: (A) Information about a health care service plan’s obligation under California law to provide or arrange for timely access to care. (B) How a contracting provider or enrollee can contact the health care service plan to obtain assistance if a patient is unable to obtain a timely referral to an appropriate provider. (C) The toll-free telephone number for the Department of Managed Health Care where providers and enrollees can file a complaint if they are unable to obtain a timely referral to an appropriate provider. (3) A health care service plan may comply with this subdivision by including the information with an existing communication with a contracting provider. (e) This section shall apply to Medi-Cal managed care plan contracts entered into with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code. SEC. 2. Section 10133.53 is added to the Insurance Code, to read: 10133.53. (a) A health insurance policy that is issued, renewed, or amended on or after July 1, 2017, that provides benefits through contracts with providers for alternative rates pursuant to Section 10133 shall provide information to an insured regarding the standards for timely access to care adopted pursuant to Section 10133.5 and the information required by this section, including information related to receipt of interpreter services in a timely manner, no less than annually. (b) A health insurer that contracts with providers for alternative rates of payment pursuant to Section 10133 shall, at a minimum, provide information regarding appointment wait times for urgent care, nonurgent primary care, nonurgent specialty care, and telephone screening established pursuant to Section 10133.5 to insureds and contracting providers. The information shall also include notice of the availability of interpreter services at the time of the appointment pursuant to Section 10133.8. A health insurer may indicate that exceptions to appointment wait times may apply if the department has found exceptions to be permissible. (c) The information required to be provided pursuant to this section shall be provided to an insured with individual coverage upon initial enrollment and annually thereafter upon renewal, and to insureds and group policyholders with group coverage upon initial enrollment and annually thereafter upon renewal. An insurer may include this information with other materials sent to the insured. The information shall also be provided in the following manner: (1) In a separate section of the evidence of coverage titled “Timely Access to Care.” (2) At least annually, in or with newsletters, outreach, or other materials that are routinely disseminated to the policy’s insureds. (3) Commencing January 1, 2018, in a separate section of the provider directory published and maintained by the insurer pursuant to Section 10133.15. The separate section shall be titled “Timely Access to Care.” (4) On the Internet Web site published and maintained by the insurer, in a manner that allows insureds and prospective insureds to easily locate the information. (d) (1) A health insurer shall provide the information required by this section to contracting providers on no less than an annual basis. (2) A health insurer shall also inform a contracting provider of all of the following: (A) Information about a health insurer’s obligation under California law to provide or arrange for timely access to care. (B) How a contracting provider or insured can contact the health insurer to obtain assistance if a patient is unable to obtain a timely referral to an appropriate provider. (C) The toll-free telephone number for the Department of Insurance where providers and insureds can file a complaint if they are unable to obtain a timely referral to an appropriate provider. (3) A health insurer may comply with this subdivision by including the information with an existing communication with a contracting provider. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires each department to develop and adopt regulations to ensure that enrollees have access to needed health care services in a timely manner. 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. Existing law requires each prepaid health plan to establish a grievance procedure under which enrollees may submit their grievances. This bill would require a health care service plan contract or a health insurance policy that provides benefits through contracts with providers for alternative rates that is issued, renewed, or amended on or after July 1, 2017, to provide information to enrollees and insureds regarding the standards for timely access to health care services and other specified health care access information, including information related to receipt of interpreter services in a timely manner, no less than annually, and would make these provisions applicable to Medi-Cal managed care plans. The bill would also require a health care service plan or a health insurer that contracts with providers for alternative rates of payment to provide a contracting health care provider with specified information relating to the provision of referrals or health care services in a timely manner. Because a willful violation of the bill’s provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1367.031 is added to the Health and Safety Code, to read: 1367.031. (a) A health care service plan contract that is issued, renewed, or amended on or after July 1, 2017, shall provide information to an enrollee regarding the standards for timely access to care adopted pursuant to Section 1367.03 and the information required by this section, including information related to receipt of interpreter services in a timely manner, no less than annually. (b) A health care service plan at a minimum shall provide information regarding appointment wait times for urgent care, nonurgent primary care, nonurgent specialty care, and telephone screening established pursuant to Section 1367.03 to enrollees and contracting providers. The information shall also include notice of the availability of interpreter services at the time of the appointment pursuant to Section 1367.04. A health care service plan may indicate that exceptions to appointment wait times may apply if the department has found exceptions to be permissible. (c) The information required to be provided pursuant to this section shall be provided to an enrollee with individual coverage upon initial enrollment and annually thereafter upon renewal, and to enrollees and subscribers with group coverage upon initial enrollment and annually thereafter upon renewal. A health care service plan may include this information with other materials sent to the enrollee. The information shall also be provided in the following manner: (1) In a separate section of the evidence of coverage titled “Timely Access to Care.” (2) At least annually, in or with newsletters, outreach, or other materials that are routinely disseminated to the plan’s enrollees. (3) Commencing January 1, 2018, in a separate section of the provider directory published and maintained by the health care service plan pursuant to Section 1367.27. The separate section shall be titled “Timely Access to Care.” (4) On the Internet Web site published and maintained by the health care service plan, in a manner that allows enrollees and prospective enrollees to easily locate the information. (d) (1) A health care service plan shall provide the information required by this section to contracting providers on no less than an annual basis. (2) A health care service plan shall also inform a contracting provider of all of the following: (A) Information about a health care service plan’s obligation under California law to provide or arrange for timely access to care. (B) How a contracting provider or enrollee can contact the health care service plan to obtain assistance if a patient is unable to obtain a timely referral to an appropriate provider. (C) The toll-free telephone number for the Department of Managed Health Care where providers and enrollees can file a complaint if they are unable to obtain a timely referral to an appropriate provider. (3) A health care service plan may comply with this subdivision by including the information with an existing communication with a contracting provider. (e) This section shall apply to Medi-Cal managed care plan contracts entered into with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code. SEC. 2. Section 10133.53 is added to the Insurance Code, to read: 10133.53. (a) A health insurance policy that is issued, renewed, or amended on or after July 1, 2017, that provides benefits through contracts with providers for alternative rates pursuant to Section 10133 shall provide information to an insured regarding the standards for timely access to care adopted pursuant to Section 10133.5 and the information required by this section, including information related to receipt of interpreter services in a timely manner, no less than annually. (b) A health insurer that contracts with providers for alternative rates of payment pursuant to Section 10133 shall, at a minimum, provide information regarding appointment wait times for urgent care, nonurgent primary care, nonurgent specialty care, and telephone screening established pursuant to Section 10133.5 to insureds and contracting providers. The information shall also include notice of the availability of interpreter services at the time of the appointment pursuant to Section 10133.8. A health insurer may indicate that exceptions to appointment wait times may apply if the department has found exceptions to be permissible. (c) The information required to be provided pursuant to this section shall be provided to an insured with individual coverage upon initial enrollment and annually thereafter upon renewal, and to insureds and group policyholders with group coverage upon initial enrollment and annually thereafter upon renewal. An insurer may include this information with other materials sent to the insured. The information shall also be provided in the following manner: (1) In a separate section of the evidence of coverage titled “Timely Access to Care.” (2) At least annually, in or with newsletters, outreach, or other materials that are routinely disseminated to the policy’s insureds. (3) Commencing January 1, 2018, in a separate section of the provider directory published and maintained by the insurer pursuant to Section 10133.15. The separate section shall be titled “Timely Access to Care.” (4) On the Internet Web site published and maintained by the insurer, in a manner that allows insureds and prospective insureds to easily locate the information. (d) (1) A health insurer shall provide the information required by this section to contracting providers on no less than an annual basis. (2) A health insurer shall also inform a contracting provider of all of the following: (A) Information about a health insurer’s obligation under California law to provide or arrange for timely access to care. (B) How a contracting provider or insured can contact the health insurer to obtain assistance if a patient is unable to obtain a timely referral to an appropriate provider. (C) The toll-free telephone number for the Department of Insurance where providers and insureds can file a complaint if they are unable to obtain a timely referral to an appropriate provider. (3) A health insurer may comply with this subdivision by including the information with an existing communication with a contracting provider. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 4214 of the Public Resources Code is amended to read: 4214. (a) Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows: (1) The State Board of Equalization shall retain moneys necessary for the payment of refunds pursuant to Section 4228 and reimbursement of the State Board of Equalization for expenses incurred in the collection of the fee. (2) The moneys collected, other than those retained by the State Board of Equalization pursuant to paragraph (1), shall be deposited into the State Responsibility Area Fire Prevention Fund, which is hereby created in the State Treasury, and shall be available to the board and the department to expend for fire prevention activities specified in subdivision (d) that benefit the owners of habitable structures within a state responsibility area who are required to pay the fire prevention fee. The amount expended to benefit the owners of habitable structures within a state responsibility area shall be commensurate with the amount collected from the owners within that state responsibility area. All moneys in excess of the costs of administration of the board and the department shall be expended only for fire prevention activities in counties with state responsibility areas. (b) (1) The fund may also be used to cover the costs of administering this chapter. (2) The fund shall cover all startup costs incurred over a period not to exceed two years. (c) It is the intent of the Legislature that the moneys in this fund be fully appropriated to the board and the department each year in order to effectuate the purposes of this chapter. (d) Moneys in the fund shall be used only for the following fire prevention activities, which shall benefit owners of habitable structures within the state responsibility areas who are required to pay the annual fire prevention fee pursuant to this chapter: (1) Local assistance grants pursuant to subdivision (e). (2) Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the state responsibility areas. (3) Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the state responsibility areas. The department may establish other qualifying criteria. (4) Inspections by the department for compliance with defensible space requirements around habitable structures in state responsibility areas as required by Section 4291. (5) Public education to reduce fire risk in the state responsibility areas. (6) Fire severity and fire hazard mapping by the department in the state responsibility areas. (7) Other fire prevention projects in the state responsibility areas, authorized by the board. (e) (1) The board shall establish a local assistance grant program for fire prevention activities designed to benefit habitable structures within state responsibility areas, including public education, that are provided by counties and other local agencies, including special districts, with state responsibility areas within their jurisdictions. (2) In order to ensure an equitable distribution of funds, the amount of each grant shall be based on the number of habitable structures in state responsibility areas for which the applicant is legally responsible and the amount of moneys made available in the annual Budget Act for this local assistance grant program. (f) By January 31, 2015, 2017, and annually thereafter, the board department shall submit to the Legislature and the board a written report on the status and uses of the fund pursuant to this chapter. The written report shall include all of the following for each reporting period: (1) A description of each program, subprogram, and element for which the department uses money generated from the fire prevention fee, including an itemized accounting of expenditures for each program, subprogram, and element. (2) An evaluation of the benefits received by counties based on the number of habitable structures in state responsibility areas within their jurisdictions, the effectiveness of the board’s grant programs, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, and measures to increase compliance, if any. (3) An accounting of expenditures for equipment. (4) Positions that are associated with each expenditure. (5) A description of the grants awarded and expenditures of grant moneys. (6) A description of actual expenditures for the past fiscal year and year, estimated expenditures for the current fiscal year and estimated year, and budgeted expenditures for the budget year. (7) Any recommendations to the Legislature on the status and uses of the fund. (g) (1) The requirement for submitting a report imposed under subdivision (f) is inoperative on January 31, 2021, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code. (h) It is essential that this article be implemented without delay. To permit timely implementation, the department may contract for services related to the establishment of the fire prevention fee collection process. For this purpose only, and for a period not to exceed 24 months, the provisions of the Public Contract Code or any other provision of law related to public contracting shall not apply.

Existing law requires the State Board of Forestry and Fire Protection to adopt emergency regulations to establish a fire prevention fee in an amount not to exceed $150 to be charged on each habitable structure, as defined, on a parcel that is within a state responsibility area, as defined. Existing law requires the state board to adjust the fire prevention fee annually using prescribed methods, and requires the state board, until January 31, 2017, to submit a report to the Legislature every January 31 on the status and uses of the fund, containing specified information and recommendations. This bill would instead require the Department of Forestry and Fire Protection to submit that report to the Legislature and the board, and would extend to January 31, 2021, the time until which the state board report is required to submit the report to the Legislature, and be submitted. The bill would additionally require that the report include specified information on each program, subprogram, and element for which the Department of Forestry and Fire Protection department uses money generated from that fire prevention fee, and other information regarding fund expenditures, as provided.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 4214 of the Public Resources Code is amended to read: 4214. (a) Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows: (1) The State Board of Equalization shall retain moneys necessary for the payment of refunds pursuant to Section 4228 and reimbursement of the State Board of Equalization for expenses incurred in the collection of the fee. (2) The moneys collected, other than those retained by the State Board of Equalization pursuant to paragraph (1), shall be deposited into the State Responsibility Area Fire Prevention Fund, which is hereby created in the State Treasury, and shall be available to the board and the department to expend for fire prevention activities specified in subdivision (d) that benefit the owners of habitable structures within a state responsibility area who are required to pay the fire prevention fee. The amount expended to benefit the owners of habitable structures within a state responsibility area shall be commensurate with the amount collected from the owners within that state responsibility area. All moneys in excess of the costs of administration of the board and the department shall be expended only for fire prevention activities in counties with state responsibility areas. (b) (1) The fund may also be used to cover the costs of administering this chapter. (2) The fund shall cover all startup costs incurred over a period not to exceed two years. (c) It is the intent of the Legislature that the moneys in this fund be fully appropriated to the board and the department each year in order to effectuate the purposes of this chapter. (d) Moneys in the fund shall be used only for the following fire prevention activities, which shall benefit owners of habitable structures within the state responsibility areas who are required to pay the annual fire prevention fee pursuant to this chapter: (1) Local assistance grants pursuant to subdivision (e). (2) Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the state responsibility areas. (3) Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the state responsibility areas. The department may establish other qualifying criteria. (4) Inspections by the department for compliance with defensible space requirements around habitable structures in state responsibility areas as required by Section 4291. (5) Public education to reduce fire risk in the state responsibility areas. (6) Fire severity and fire hazard mapping by the department in the state responsibility areas. (7) Other fire prevention projects in the state responsibility areas, authorized by the board. (e) (1) The board shall establish a local assistance grant program for fire prevention activities designed to benefit habitable structures within state responsibility areas, including public education, that are provided by counties and other local agencies, including special districts, with state responsibility areas within their jurisdictions. (2) In order to ensure an equitable distribution of funds, the amount of each grant shall be based on the number of habitable structures in state responsibility areas for which the applicant is legally responsible and the amount of moneys made available in the annual Budget Act for this local assistance grant program. (f) By January 31, 2015, 2017, and annually thereafter, the board department shall submit to the Legislature and the board a written report on the status and uses of the fund pursuant to this chapter. The written report shall include all of the following for each reporting period: (1) A description of each program, subprogram, and element for which the department uses money generated from the fire prevention fee, including an itemized accounting of expenditures for each program, subprogram, and element. (2) An evaluation of the benefits received by counties based on the number of habitable structures in state responsibility areas within their jurisdictions, the effectiveness of the board’s grant programs, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, and measures to increase compliance, if any. (3) An accounting of expenditures for equipment. (4) Positions that are associated with each expenditure. (5) A description of the grants awarded and expenditures of grant moneys. (6) A description of actual expenditures for the past fiscal year and year, estimated expenditures for the current fiscal year and estimated year, and budgeted expenditures for the budget year. (7) Any recommendations to the Legislature on the status and uses of the fund. (g) (1) The requirement for submitting a report imposed under subdivision (f) is inoperative on January 31, 2021, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code. (h) It is essential that this article be implemented without delay. To permit timely implementation, the department may contract for services related to the establishment of the fire prevention fee collection process. For this purpose only, and for a period not to exceed 24 months, the provisions of the Public Contract Code or any other provision of law related to public contracting shall not apply. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 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) A juvenile regional facility as described in Section 5695. (G) 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) “Room confinement” means the placement of a minor or ward in a locked sleeping room or cell with minimal or no contact with persons other than correctional facility staff and attorneys. Room confinement does not include confinement of a minor or ward in a single-person room or cell for brief periods of locked room confinement necessary for required institutional operations. (4) “Ward” means a person who has been declared a ward of the court pursuant to subdivision (a) of Section 602. (b) The placement of a minor or ward in room confinement shall be accomplished in accordance with the following guidelines: (1) Room confinement shall not be used before other less restrictive options have been attempted and exhausted, unless attempting those options poses a threat to the safety or security of any minor, ward, or staff. (2) Room confinement shall not be used for the purposes of punishment, coercion, convenience, or retaliation by staff. (3) Room confinement shall not be used to the extent that it compromises the mental and physical health of the minor or ward. (c) A minor or ward may be held up to four hours in room confinement. After the minor or ward has been held in room confinement for a period of four hours, staff shall do one or more of the following: (1) Return the minor or ward to general population. (2) Consult with mental health or medical staff. (3) Develop an individualized plan that includes the goals and objectives to be met in order to reintegrate the minor or ward to general population. (d) If room confinement must be extended beyond four hours, staff shall do the following: (1) Document the reason for room confinement and the basis for the extension, the date and time the minor or ward was first placed in room confinement, and when he or she is eventually released from room confinement. (2) Develop an individualized plan that includes the goals and objectives to be met in order to reintegrate the minor or ward to general population. (3) Obtain documented authorization by the facility superintendent or his or her designee every four hours thereafter. (e) This section is not intended to limit the use of single-person rooms or cells for the housing of minors or wards in juvenile facilities and does not apply to normal sleeping hours. (f) This section does not apply to minors or wards in court holding facilities or adult facilities. (g) Nothing in this section shall be construed to conflict with any law providing greater or additional protections to minors or wards. (h) This section does not apply during an extraordinary, emergency circumstance that requires a significant departure from normal institutional operations, including a natural disaster or facility-wide threat that poses an imminent and substantial risk of harm to multiple staff, minors, or wards. This exception shall apply for the shortest amount of time needed to address the imminent and substantial risk of harm. (i) This section does not apply when a minor or ward is placed in a locked cell or sleep room to treat and protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, with the written approval of a licensed physician or nurse practitioner, when the minor or ward is not required to be in an infirmary for an illness. Additionally, this section does not apply when a minor or ward is placed in a locked cell or sleep room for required extended care after medical treatment with the written approval of a licensed physician or nurse practitioner, when the minor or ward is not required to be in an infirmary for illness. (j) This section shall become operative on January 1, 2018. 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 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, commencing January 1, 2018, place restrictions on the use of room confinement of minors or wards who are confined in a juvenile facility, as specified. The bill would require the placement of a minor or ward in room confinement to be conducted in accordance with specified guidelines. By increasing the duties of local entities in connection with local juvenile facilities, 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.

<bos> ### Instruction: Summary this text ### Text: 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) A juvenile regional facility as described in Section 5695. (G) 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) “Room confinement” means the placement of a minor or ward in a locked sleeping room or cell with minimal or no contact with persons other than correctional facility staff and attorneys. Room confinement does not include confinement of a minor or ward in a single-person room or cell for brief periods of locked room confinement necessary for required institutional operations. (4) “Ward” means a person who has been declared a ward of the court pursuant to subdivision (a) of Section 602. (b) The placement of a minor or ward in room confinement shall be accomplished in accordance with the following guidelines: (1) Room confinement shall not be used before other less restrictive options have been attempted and exhausted, unless attempting those options poses a threat to the safety or security of any minor, ward, or staff. (2) Room confinement shall not be used for the purposes of punishment, coercion, convenience, or retaliation by staff. (3) Room confinement shall not be used to the extent that it compromises the mental and physical health of the minor or ward. (c) A minor or ward may be held up to four hours in room confinement. After the minor or ward has been held in room confinement for a period of four hours, staff shall do one or more of the following: (1) Return the minor or ward to general population. (2) Consult with mental health or medical staff. (3) Develop an individualized plan that includes the goals and objectives to be met in order to reintegrate the minor or ward to general population. (d) If room confinement must be extended beyond four hours, staff shall do the following: (1) Document the reason for room confinement and the basis for the extension, the date and time the minor or ward was first placed in room confinement, and when he or she is eventually released from room confinement. (2) Develop an individualized plan that includes the goals and objectives to be met in order to reintegrate the minor or ward to general population. (3) Obtain documented authorization by the facility superintendent or his or her designee every four hours thereafter. (e) This section is not intended to limit the use of single-person rooms or cells for the housing of minors or wards in juvenile facilities and does not apply to normal sleeping hours. (f) This section does not apply to minors or wards in court holding facilities or adult facilities. (g) Nothing in this section shall be construed to conflict with any law providing greater or additional protections to minors or wards. (h) This section does not apply during an extraordinary, emergency circumstance that requires a significant departure from normal institutional operations, including a natural disaster or facility-wide threat that poses an imminent and substantial risk of harm to multiple staff, minors, or wards. This exception shall apply for the shortest amount of time needed to address the imminent and substantial risk of harm. (i) This section does not apply when a minor or ward is placed in a locked cell or sleep room to treat and protect against the spread of a communicable disease for the shortest amount of time required to reduce the risk of infection, with the written approval of a licensed physician or nurse practitioner, when the minor or ward is not required to be in an infirmary for an illness. Additionally, this section does not apply when a minor or ward is placed in a locked cell or sleep room for required extended care after medical treatment with the written approval of a licensed physician or nurse practitioner, when the minor or ward is not required to be in an infirmary for illness. (j) This section shall become operative on January 1, 2018. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature hereby declares all of the following: (a) Beginning in 2008, California faced a foreclosure crisis, with rapidly dropping home values and skyrocketing job losses. Indiscriminate foreclosure practices of major mortgage servicers compounded the problem as they created a labyrinth of red tape, lost documents, and erroneous information, and then they started foreclosure proceedings while borrowers and their families were in the middle of applying for a loan modification. (b) The California Legislature responded with a first-in-the-nation Homeowner Bill of Rights (HBOR), which requires mortgage servicers to provide borrowers a fair and transparent process, a single point of contact, and the opportunity to finish applying for a loan modification before foreclosure proceedings can start. HBOR stabilized families, neighborhoods, and local communities by slowing down indiscriminate foreclosures. (c) Now, however, district attorneys and legal aid organizations are reporting an increasing number of cases in which mortgage servicers use a loophole in HBOR to foreclose on certain homeowners—people who survive the death of a borrower and have an ownership interest in the home but are not named on the mortgage loan. Most often, the “survivor” is the borrower’s spouse and is over 65 years of age. (d) When the surviving widow or widower, domestic partner, children, or other heirs attempt to obtain basic information about the loan from the servicer, they face the same kind of barriers and abuses—and, finally foreclosure—that convinced the Legislature to pass HBOR. (e) Home ownership is the primary avenue for most Americans to build generational wealth. Indiscriminate foreclosures on surviving heirs destroy a family’s ability to build for its financial future. Foreclosures also exacerbate the racial wealth gap—and overall wealth inequality—in society, and force seniors who want to “age in place” into the overheated rental market instead, with devastating health impacts. (f) Surviving heirs deserve the same transparency and opportunity to save their home as HBOR gave the original borrower. This act would stem a disturbing nationwide trend and help keep widows and widowers, children, and other survivors in their homes—without requiring mortgage servicers to do anything more than they already do for other homeowners. (g) It is the intent of the Legislature that this act work in conjunction with federal Consumer Financial Protection Bureau servicing guidelines. SEC. 2. Section 2920.7 is added to the Civil Code, to read: 2920.7. (a) Upon notification by someone claiming to be a successor in interest that a borrower has died, and where that claimant is not a party to the loan or promissory note, a mortgage servicer shall not record a notice of default pursuant to Section 2924 until the mortgage servicer does both of the following: (1) Requests reasonable documentation of the death of the borrower from the claimant, including, but not limited to, a death certificate or other written evidence of the death of the borrower. A reasonable period of time shall be provided for the claimant to present this documentation, but no less than 30 days from the date of a written request by the mortgage servicer. (2) Requests reasonable documentation from the claimant demonstrating the ownership interest of that claimant in the real property. A reasonable period of time shall be provided for the claimant to present this documentation, but no less than 90 days from the date of a written request by the mortgage servicer. (b) (1) Upon receipt by the mortgage servicer of the reasonable documentation of the status of a claimant as successor in interest and that claimant’s ownership interest in the real property, that claimant shall be deemed a “successor in interest.” (2) There may be more than one successor in interest. A mortgage servicer shall apply the provisions of this section to multiple successors in interest in accordance with the terms of the loan and federal and state laws and regulations. When there are multiple successors in interest who do not wish to proceed as coborrowers or coapplicants, a mortgage servicer may require any nonapplicant successor in interest to consent in writing to the application for loan assumption. (3) Being a successor in interest under this section does not impose an affirmative duty on a mortgage servicer or alter any obligation the mortgage servicer has to provide a loan modification to the successor in interest. If a successor in interest assumes the loan, he or she may be required to otherwise qualify for available foreclosure prevention alternatives offered by the mortgage servicer. (c) Within 10 days of a claimant being deemed a successor in interest pursuant to subdivision (b), a mortgage servicer shall provide the successor in interest with information in writing about the loan. This information shall include, at a minimum, loan balance, interest rate and interest reset dates and amounts, balloon payments if any, prepayment penalties if any, default or delinquency status, the monthly payment amount, and payoff amounts. (d) A mortgage servicer shall allow a successor in interest to either: (1) Apply to assume the deceased borrower’s loan. The mortgage servicer may evaluate the creditworthiness of the successor in interest, subject to applicable investor requirements and guidelines. (2) If a successor in interest of an assumable loan also seeks a foreclosure prevention alternative, simultaneously apply to assume the loan and for a foreclosure prevention alternative that may be offered by, or available through, the mortgage loan servicer. If the successor in interest qualifies for the foreclosure prevention alternative, assume the loan. The mortgage servicer may evaluate the creditworthiness of the successor in interest subject to applicable investor requirements and guidelines. (e) (1) A successor in interest shall have all the same rights and remedies as a borrower under subdivision (a) of Section 2923.4 and under Sections 2923.6, 2923.7, 2924, 2924.9, 2924.10, 2924.11, 2924.12, 2924.15, 2924.17, 2924.18, and 2924.19. For the purposes of Section 2924.15, “owner-occupied” means that the property was the principal residence of the deceased borrower and is security for a loan made for personal, family, or household purposes. (2) If a trustee’s deed upon sale has not been recorded, a successor in interest may bring an action for injunctive relief to enjoin a material violation of subdivision (a), (b), (c), or (d). Any injunction shall remain in place and any trustee’s sale shall be enjoined until the court determines that the mortgage servicer has corrected and remedied the violation or violations giving rise to the action for injunctive relief. An enjoined entity may move to dissolve an injunction based on a showing that the material violation has been corrected and remedied. (3) After a trustee’s deed upon sale has been recorded, a mortgage servicer shall be liable to a successor in interest for actual economic damages pursuant to Section 3281 resulting from a material violation of subdivision (a), (b), (c), or (d) by that mortgage servicer if the violation was not corrected and remedied prior to the recordation of the trustee’s deed upon sale. If the court finds that the material violation was intentional or reckless, or resulted from willful misconduct by a mortgage servicer, the court may award the successor in interest the greater of treble actual damages or statutory damages of fifty thousand dollars ($50,000). (4) A court may award a prevailing successor in interest reasonable attorney’s fees and costs in an action brought pursuant to this section. A successor in interest shall be deemed to have prevailed for purposes of this subdivision if the successor in interest obtained injunctive relief or damages pursuant to this section. (5) A mortgage servicer shall not be liable for any violation that it has corrected and remedied prior to the recordation of the trustee’s deed upon sale or that has been corrected and remedied by third parties working on its behalf prior to the recordation of the trustee’s deed upon sale. (f) Consistent with their general regulatory authority, and notwithstanding subdivisions (b) and (c) of Section 2924.18, the Department of Business Oversight and the Bureau of Real Estate may adopt regulations applicable to any entity or person under their respective jurisdictions that are necessary to carry out the purposes of this section. (g) The rights and remedies provided by this section are in addition to and independent of any other rights, remedies, or procedures under any other law. This section shall not be construed to alter, limit, or negate any other rights, remedies, or procedures provided by law. (h) Except as otherwise provided, this act does not affect the obligations arising from a mortgage or deed of trust. (i) For purposes of this section, all of the following definitions shall apply: (1) “Notification of the death of the mortgagor or trustor” means provision to the mortgage servicer of a death certificate or, if a death certificate is not available, of other written evidence of the death of the mortgagor or trustor deemed sufficient by the mortgage servicer. (2) “Mortgage servicer” shall have the same meaning as provided in Section 2920.5. (3) “Reasonable documentation” means copies of the following documents, as may be applicable, or, if the relevant documentation listed is not available, other written evidence of the person’s status as successor in interest to the real property that secures the mortgage or deed of trust deemed sufficient by the mortgage servicer: (A) In the case of a personal representative, letters as defined in Section 52 of the Probate Code. (B) In the case of devisee or an heir, a copy of the relevant will or trust document. (C) In the case of a beneficiary of a revocable transfer on death deed, a copy of that deed. (D) In the case of a surviving joint tenant, an affidavit of death of the joint tenant or a grant deed showing joint tenancy. (E) In the case of a surviving spouse where the real property was held as community property with right of survivorship, an affidavit of death of the spouse or a deed showing community property with right of survivorship. (F) In the case of a trustee of a trust, a certification of trust pursuant to Section 18100.5 of the Probate Code. (G) In the case of a beneficiary of a trust, relevant trust documents related to the beneficiary’s interest. (4) “Successor in interest” means a natural person who provides the mortgage servicer with notification of the death of the mortgagor or trustor and reasonable documentation showing that the person is the spouse, domestic partner, joint tenant as evidenced by grant deed, parent, grandparent, adult child, adult grandchild, or adult sibling of the deceased borrower, who occupied the property as his or her principal residence within the last six continuous months prior to the deceased borrower’s death and who currently resides in the property. (j) This section shall apply to first lien mortgages or deeds of trust that are secured by owner-occupied residential real property containing no more than four dwelling units. “Owner-occupied” means that the property was the principal residence of the deceased borrower. (k) (1) Any mortgage servicer, mortgagee, or beneficiary of the deed of trust, or an authorized agent thereof, who, with respect to the successor in interest or person claiming to be a successor in interest, complies with the relevant provisions regarding successors in interest of Part 1024 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1024), known as Regulation X, and Part 1026 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1026), known as Regulation Z, including any revisions to those regulations, shall be deemed to be in compliance with this section. (2) The provisions of paragraph (1) shall only become operative on the effective date of any revisions to the relevant provisions regarding successors in interest of Part 1024 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1024), known as Regulation X, and Part 1026 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1026), known as Regulation Z, issued by the federal Consumer Financial Protection Bureau that revise the Final Servicing Rules in 78 Federal Register 10696, of February 14th, 2013. (l) This section shall not apply to a successor in interest who is engaged in a legal dispute over the property that is security for the borrower’s outstanding mortgage loan and has filed a claim raising this dispute in a legal proceeding. (m) This section shall not apply to a depository institution chartered under state or federal law, a person licensed pursuant to Division 9 (commencing with Section 22000) or Division 20 (commencing with Section 50000) of the Financial Code, or a person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, that, during its immediately preceding annual reporting period, as established with its primary regulator, foreclosed on 175 or fewer residential real properties, containing no more than four dwelling units, that are located in California. (n) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 3. 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.

Existing law imposes various requirements to be satisfied prior to exercising a power of sale under a mortgage or deed of trust. Existing law gives a borrower, as defined, various rights and remedies against a mortgage servicer, mortgagee, trustee, beneficiary, and authorized agent in regards to foreclosure prevention alternatives, as defined, including loan modifications, which is commonly referred to as being part of the California Homeowner Bill of Rights. Existing law defines a mortgage servicer as a person or entity who directly services a loan, or is responsible for interacting with the borrower, and managing the loan account on a daily basis, as specified. This bill until January 1, 2020, would prohibit a mortgage servicer, upon notification that a borrower has died, from recording a notice of default until the mortgage servicer does certain things, including requesting reasonable documentation of the death of the borrower from a claimant, who is someone claiming to be a successor in interest, who is not a party to the loan or promissory note and providing a reasonable period of time for the claimant to present the requested documentation. The bill would deem a claimant a successor in interest, as defined, upon receipt by a mortgage servicer of the reasonable documentation regarding the status of the claimant as a successor in interest and the claimant’s ownership interest in the real property. The bill would require a mortgage servicer, within 10 days of a claimant being deemed a successor in interest, to provide the successor in interest with information about the loan, as specified. The bill would require a mortgage servicer to allow a successor in interest to assume the deceased borrower’s loan or to apply for foreclosure prevention alternatives on an assumable loan, as specified. The bill would authorize a mortgage servicer, when there are multiple successors in interest who do not wish to proceed as coborrowers or coapplicants, to require any nonapplicant successor in interest to consent in writing to the application for a loan assumption. The bill would provide that a successor in interest, as specified, who assumes an assumable loan and wishes to apply for a foreclosure prevention alternative has the same rights and remedies as a borrower under specified provisions of the California Homeowner Bill of Rights. The bill would authorize a successor in interest to bring an action for injunctive relief to enjoin a material violation of specified provisions of law and would authorize a court to award a prevailing successor in interest reasonable attorney’s fees and costs for the action. The bill would define terms for these purposes and make various findings and declarations. The bill would deem a mortgage servicer, mortgagee, or beneficiary of the deed of trust, or an agent thereof, to be in compliance with the above-described provisions if they comply with specified federal laws. The bill would exempt certain depository institutions and persons from these provisions, as specified.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature hereby declares all of the following: (a) Beginning in 2008, California faced a foreclosure crisis, with rapidly dropping home values and skyrocketing job losses. Indiscriminate foreclosure practices of major mortgage servicers compounded the problem as they created a labyrinth of red tape, lost documents, and erroneous information, and then they started foreclosure proceedings while borrowers and their families were in the middle of applying for a loan modification. (b) The California Legislature responded with a first-in-the-nation Homeowner Bill of Rights (HBOR), which requires mortgage servicers to provide borrowers a fair and transparent process, a single point of contact, and the opportunity to finish applying for a loan modification before foreclosure proceedings can start. HBOR stabilized families, neighborhoods, and local communities by slowing down indiscriminate foreclosures. (c) Now, however, district attorneys and legal aid organizations are reporting an increasing number of cases in which mortgage servicers use a loophole in HBOR to foreclose on certain homeowners—people who survive the death of a borrower and have an ownership interest in the home but are not named on the mortgage loan. Most often, the “survivor” is the borrower’s spouse and is over 65 years of age. (d) When the surviving widow or widower, domestic partner, children, or other heirs attempt to obtain basic information about the loan from the servicer, they face the same kind of barriers and abuses—and, finally foreclosure—that convinced the Legislature to pass HBOR. (e) Home ownership is the primary avenue for most Americans to build generational wealth. Indiscriminate foreclosures on surviving heirs destroy a family’s ability to build for its financial future. Foreclosures also exacerbate the racial wealth gap—and overall wealth inequality—in society, and force seniors who want to “age in place” into the overheated rental market instead, with devastating health impacts. (f) Surviving heirs deserve the same transparency and opportunity to save their home as HBOR gave the original borrower. This act would stem a disturbing nationwide trend and help keep widows and widowers, children, and other survivors in their homes—without requiring mortgage servicers to do anything more than they already do for other homeowners. (g) It is the intent of the Legislature that this act work in conjunction with federal Consumer Financial Protection Bureau servicing guidelines. SEC. 2. Section 2920.7 is added to the Civil Code, to read: 2920.7. (a) Upon notification by someone claiming to be a successor in interest that a borrower has died, and where that claimant is not a party to the loan or promissory note, a mortgage servicer shall not record a notice of default pursuant to Section 2924 until the mortgage servicer does both of the following: (1) Requests reasonable documentation of the death of the borrower from the claimant, including, but not limited to, a death certificate or other written evidence of the death of the borrower. A reasonable period of time shall be provided for the claimant to present this documentation, but no less than 30 days from the date of a written request by the mortgage servicer. (2) Requests reasonable documentation from the claimant demonstrating the ownership interest of that claimant in the real property. A reasonable period of time shall be provided for the claimant to present this documentation, but no less than 90 days from the date of a written request by the mortgage servicer. (b) (1) Upon receipt by the mortgage servicer of the reasonable documentation of the status of a claimant as successor in interest and that claimant’s ownership interest in the real property, that claimant shall be deemed a “successor in interest.” (2) There may be more than one successor in interest. A mortgage servicer shall apply the provisions of this section to multiple successors in interest in accordance with the terms of the loan and federal and state laws and regulations. When there are multiple successors in interest who do not wish to proceed as coborrowers or coapplicants, a mortgage servicer may require any nonapplicant successor in interest to consent in writing to the application for loan assumption. (3) Being a successor in interest under this section does not impose an affirmative duty on a mortgage servicer or alter any obligation the mortgage servicer has to provide a loan modification to the successor in interest. If a successor in interest assumes the loan, he or she may be required to otherwise qualify for available foreclosure prevention alternatives offered by the mortgage servicer. (c) Within 10 days of a claimant being deemed a successor in interest pursuant to subdivision (b), a mortgage servicer shall provide the successor in interest with information in writing about the loan. This information shall include, at a minimum, loan balance, interest rate and interest reset dates and amounts, balloon payments if any, prepayment penalties if any, default or delinquency status, the monthly payment amount, and payoff amounts. (d) A mortgage servicer shall allow a successor in interest to either: (1) Apply to assume the deceased borrower’s loan. The mortgage servicer may evaluate the creditworthiness of the successor in interest, subject to applicable investor requirements and guidelines. (2) If a successor in interest of an assumable loan also seeks a foreclosure prevention alternative, simultaneously apply to assume the loan and for a foreclosure prevention alternative that may be offered by, or available through, the mortgage loan servicer. If the successor in interest qualifies for the foreclosure prevention alternative, assume the loan. The mortgage servicer may evaluate the creditworthiness of the successor in interest subject to applicable investor requirements and guidelines. (e) (1) A successor in interest shall have all the same rights and remedies as a borrower under subdivision (a) of Section 2923.4 and under Sections 2923.6, 2923.7, 2924, 2924.9, 2924.10, 2924.11, 2924.12, 2924.15, 2924.17, 2924.18, and 2924.19. For the purposes of Section 2924.15, “owner-occupied” means that the property was the principal residence of the deceased borrower and is security for a loan made for personal, family, or household purposes. (2) If a trustee’s deed upon sale has not been recorded, a successor in interest may bring an action for injunctive relief to enjoin a material violation of subdivision (a), (b), (c), or (d). Any injunction shall remain in place and any trustee’s sale shall be enjoined until the court determines that the mortgage servicer has corrected and remedied the violation or violations giving rise to the action for injunctive relief. An enjoined entity may move to dissolve an injunction based on a showing that the material violation has been corrected and remedied. (3) After a trustee’s deed upon sale has been recorded, a mortgage servicer shall be liable to a successor in interest for actual economic damages pursuant to Section 3281 resulting from a material violation of subdivision (a), (b), (c), or (d) by that mortgage servicer if the violation was not corrected and remedied prior to the recordation of the trustee’s deed upon sale. If the court finds that the material violation was intentional or reckless, or resulted from willful misconduct by a mortgage servicer, the court may award the successor in interest the greater of treble actual damages or statutory damages of fifty thousand dollars ($50,000). (4) A court may award a prevailing successor in interest reasonable attorney’s fees and costs in an action brought pursuant to this section. A successor in interest shall be deemed to have prevailed for purposes of this subdivision if the successor in interest obtained injunctive relief or damages pursuant to this section. (5) A mortgage servicer shall not be liable for any violation that it has corrected and remedied prior to the recordation of the trustee’s deed upon sale or that has been corrected and remedied by third parties working on its behalf prior to the recordation of the trustee’s deed upon sale. (f) Consistent with their general regulatory authority, and notwithstanding subdivisions (b) and (c) of Section 2924.18, the Department of Business Oversight and the Bureau of Real Estate may adopt regulations applicable to any entity or person under their respective jurisdictions that are necessary to carry out the purposes of this section. (g) The rights and remedies provided by this section are in addition to and independent of any other rights, remedies, or procedures under any other law. This section shall not be construed to alter, limit, or negate any other rights, remedies, or procedures provided by law. (h) Except as otherwise provided, this act does not affect the obligations arising from a mortgage or deed of trust. (i) For purposes of this section, all of the following definitions shall apply: (1) “Notification of the death of the mortgagor or trustor” means provision to the mortgage servicer of a death certificate or, if a death certificate is not available, of other written evidence of the death of the mortgagor or trustor deemed sufficient by the mortgage servicer. (2) “Mortgage servicer” shall have the same meaning as provided in Section 2920.5. (3) “Reasonable documentation” means copies of the following documents, as may be applicable, or, if the relevant documentation listed is not available, other written evidence of the person’s status as successor in interest to the real property that secures the mortgage or deed of trust deemed sufficient by the mortgage servicer: (A) In the case of a personal representative, letters as defined in Section 52 of the Probate Code. (B) In the case of devisee or an heir, a copy of the relevant will or trust document. (C) In the case of a beneficiary of a revocable transfer on death deed, a copy of that deed. (D) In the case of a surviving joint tenant, an affidavit of death of the joint tenant or a grant deed showing joint tenancy. (E) In the case of a surviving spouse where the real property was held as community property with right of survivorship, an affidavit of death of the spouse or a deed showing community property with right of survivorship. (F) In the case of a trustee of a trust, a certification of trust pursuant to Section 18100.5 of the Probate Code. (G) In the case of a beneficiary of a trust, relevant trust documents related to the beneficiary’s interest. (4) “Successor in interest” means a natural person who provides the mortgage servicer with notification of the death of the mortgagor or trustor and reasonable documentation showing that the person is the spouse, domestic partner, joint tenant as evidenced by grant deed, parent, grandparent, adult child, adult grandchild, or adult sibling of the deceased borrower, who occupied the property as his or her principal residence within the last six continuous months prior to the deceased borrower’s death and who currently resides in the property. (j) This section shall apply to first lien mortgages or deeds of trust that are secured by owner-occupied residential real property containing no more than four dwelling units. “Owner-occupied” means that the property was the principal residence of the deceased borrower. (k) (1) Any mortgage servicer, mortgagee, or beneficiary of the deed of trust, or an authorized agent thereof, who, with respect to the successor in interest or person claiming to be a successor in interest, complies with the relevant provisions regarding successors in interest of Part 1024 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1024), known as Regulation X, and Part 1026 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1026), known as Regulation Z, including any revisions to those regulations, shall be deemed to be in compliance with this section. (2) The provisions of paragraph (1) shall only become operative on the effective date of any revisions to the relevant provisions regarding successors in interest of Part 1024 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1024), known as Regulation X, and Part 1026 of Title 12 of the Code of Federal Regulations (12 C.F.R. Part 1026), known as Regulation Z, issued by the federal Consumer Financial Protection Bureau that revise the Final Servicing Rules in 78 Federal Register 10696, of February 14th, 2013. (l) This section shall not apply to a successor in interest who is engaged in a legal dispute over the property that is security for the borrower’s outstanding mortgage loan and has filed a claim raising this dispute in a legal proceeding. (m) This section shall not apply to a depository institution chartered under state or federal law, a person licensed pursuant to Division 9 (commencing with Section 22000) or Division 20 (commencing with Section 50000) of the Financial Code, or a person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, that, during its immediately preceding annual reporting period, as established with its primary regulator, foreclosed on 175 or fewer residential real properties, containing no more than four dwelling units, that are located in California. (n) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 3. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. ### Summary: This bill would require mortgage servicers to provide successors in interest to deceased borrowers the same transparency and opportunity to save their home as HBOR gave the original borrower.

The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Patricia Siegel Child Care Resource and Referral Memorial Act of 2016. SEC. 2. Section 8210 of the Education Code is amended to read: 8210. Funds appropriated for the purpose of this article shall be used for child care resource and referral programs that may be operated by public or private nonprofit entities. SEC. 3. Section 8211 of the Education Code is amended to read: 8211. It is the intent of the Legislature to appropriate funding each fiscal year for allocation to child care resource and referral programs. SEC. 4. Section 8212 of the Education Code is amended to read: 8212. (a) Child care resource and referral programs are unique in their provision of services to all parents regardless of income and all types of child care providers. For purposes of this article, child care resource and referral programs, established to serve a defined geographic area, shall provide all of the following services: (1) Identification of the full range of existing child care services through information provided by all relevant public and private agencies in the areas of service, and the development of a resource file of those services that shall be maintained and updated at least quarterly. These services shall include, but not be limited to, family day care homes, public and private day care programs, full-time and part-time programs, and infant, preschool, and extended care programs. The resource file shall include, but not be limited to, all of the following information: (A) Type of program. (B) Hours of service. (C) Ages of children served. (D) Fees and eligibility for services. (E) Significant program information. (2) (A) (i) Establishment of a referral process that is described in writing and is available to parents parents, providers, and potential providers upon request, that responds to parental need for information to make the most informed child care choice for the family. Referrals shall be available to all persons requesting the information regardless of income level or other eligibility requirements. A child care resource and referral program shall limit the distribution of lists of small family day care homes as required pursuant to Section 1596.86 of the Health and Safety Code except when necessary to collaborate with federal, state, and local emergency response organizations for emergency preparedness and response efforts. Referrals shall be provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child day care facilities, and may make referrals to programs that are legally exempt from licensing. The referral process shall afford parents maximum access to all referral information. This access shall include, but is not limited to, telephone referrals to be made available for at least 30 hours per week as part of a full week of contracted operation. Every effort shall be made to make child care referrals accessible to all parents within the defined geographic area by using methods including, but not limited to, any of the following: (I) Toll-free telephone lines. (II) Email and other appropriate technology. (III) Office space convenient to parents and providers. (IV) Referrals in languages that are spoken in the community. (ii) Each child care resource and referral program shall publicize its services through all available media sources, agencies, and other appropriate methods. (B) (i) Provision of information to any person who requests a child care referral of his or her right to view the licensing information of a licensed child day care facility required to be maintained at the facility pursuant to Section 1596.859 of the Health and Safety Code and to access any public files pertaining to the facility that are maintained by the State Department of Social Services Community Care Licensing Division. (ii) A written or oral advisement in substantially the following form will comply with the requirements of clause (i): “State law requires licensed child day care facilities to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantiated complaint investigation. In addition, a more complete file regarding a child care licensee may be available at an office of the State Department of Social Services Community Care Licensing Division. You have the right to access any public information in these files.” (3) (A) Maintenance of ongoing documentation of requests for service tabulated through the internal referral process. The following documentation of requests for service shall be maintained by all child care resource and referral programs: (i) Number of calls and contacts to the child care resource and referral program or component. (ii) Ages of children served. (iii) Time category of child care request for each child. (iv) Special time category, such as nights, weekends, and swing shift. (v) Reason that the child care is needed. (vi) Requests for other child care information. (vii) Child care supply information, including the number of licensed child care programs, and, if available, the number of license-exempt child care providers. (B) This information shall be maintained in a manner that is easily accessible for dissemination purposes. (4) Provision of technical assistance to existing and potential providers of all types of child care services to improve access to, increase the supply of, and improve the quality of child care available in every community in California. This assistance shall include, but not be limited to, all of the following: (A) Providing information on all aspects of initiating new child care services including, but not limited to, licensing, zoning, program and budget development, and assistance in finding this information from other sources. (B) Providing information and resources that help existing child care services providers to maximize their ability to serve the children and parents of their community. (C) Providing training and workshops on health and safety, child development, special needs, and other topics related to professional development. (D) Disseminating information on current public issues affecting the local and state delivery of child care services. (E) Facilitating communication between existing child care and child-related services providers in the community served. (F) Providing information about community resources, child care statistics, and opening a child care business to parents, child care providers, community organizations, and government entities. (G) Collaborating with community partners to increase awareness of child care issues. (H) Assisting community and public agencies in planning, coordinating, and improving child care in the defined geographic area. (I) Partnering with local county welfare agencies in meeting the child care needs of CalWORKs families. (J) Facilitating efforts to expand child care services in the local community based on demonstrated demand for services. (b) Services prescribed by this section shall be provided in order to maximize parental choice in the selection of child care to facilitate the maintenance and development of child care services and resources. (c) (1) A program operating pursuant to this article shall, within two business days of receiving notice from the State Department of Social Services Community Care Licensing Division, remove a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation from the program’s referral list. (2) A program operating pursuant to this article shall, within two business days of receiving notice, notify all entities, operating a program under Article 3 (commencing with Section 8220) and Article 15.5 (commencing with Section 8350) in the program’s jurisdiction, of a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation. SEC. 5. Section 8212.3 of the Education Code is repealed. SEC. 6. Section 8212.5 is added to the Education Code, to read: 8212.5. A child care resource and referral program shall develop and implement written complaint procedures that include all of the following: (a) Procedures for documenting and resolving complaints. (b) Procedures for referring reports of licensing violations to appropriate agencies. (c) Procedures for removing and reinstating a child care provider from referral files. SEC. 7. Section 8214 of the Education Code is amended to read: 8214. Basic child care referrals shall be provided at no cost to all persons requesting services, regardless of income level or other eligibility criteria. A basic child care referral shall include the names and telephone numbers of child care providers that meet the requested need of the parent or guardian seeking referrals in addition to the information and services described in Section 8216. A fee may be charged for an enhanced referral that includes information in addition to basic child care referral information. In addition to the services prescribed by this section, a child care resource and referral program may provide a wide variety of other parent and provider support and educational services. Services, including training, technical assistance, and other appropriate support that improves the quality of child care available in the community, may be provided for all types of child care providers, depending on the available funding for the services. SEC. 8. Section 8215 of the Education Code is amended to read: 8215. (a) There are hereby established two projects, known as the California Child Care Initiative Project - Project — State Program and the California Child Care Initiative Project - Project — Quality Plan Program, respectively. It is the intent of the Legislature to promote and foster the California Child Care Initiative Project - State Program in cooperation with private corporations and local governments. The objective of both projects is to increase the availability of quality child care in the state. (b) For purposes of this section, the California Child Care Initiative Project Projects means a project projects to clarify the role and functions of resource and referral programs in activities, including needs assessment, recruitment and screening of providers, technical assistance, and staff development and training, in order to aid communities to increase the number of child care spaces available and improve the quality of child care services offered. (c) It is the intent of the Legislature to promote and foster the California Child Care Initiative Project — State Program in cooperation with private corporations and local governments. The Superintendent shall allocate all state funds appropriated for the California Child Care Initiative Project - Project — State Program and shall ensure that each dollar of state funds allocated pursuant to this subdivision is matched by two dollars ($2) statewide from other sources, including private corporations, the federal government, or local governments. SEC. 9. Section 8215.5 is added to the Education Code, to read: 8215.5. Child care resource and referral programs shall provide a range of professional development services to all types of child care providers, including, but not limited to, license-exempt child care providers, licensed family day care homes, and center-based child care and development programs, to support the development of new child care services and to improve the quality of services available in the state. SEC. 10. Section 8216 of the Education Code is amended to read: 8216. (a) A child care resource and referral program shall maximize parental choice and supports for parents in locating child care resources in their community by doing all of the following: (1) Provide information regarding how to select child care services that meet the needs of the parent and child. (2) Provide a range of possible child care alternatives from which a parent may choose. (3) Provide information on licensing requirements and procedures. (4) Provide information on available child care subsidies and eligibility requirements. (b) When making referrals, an agency operating both a direct service program and a resource and referral program shall provide at least four referrals, at least one of which shall be a provider over which the agency has no fiscal or operational control. If there are fewer than four providers that meet the request of the parent, a resource and referral program shall provide all of the referrals that meet the parent’s request. SEC. 11. Section 8218 is added to the Education Code, to read: 8218. (a) A child care resource and referral program shall implement the trustline registry program for license-exempt child care providers pursuant to Section 1596.655 of the Health and Safety Code. (b) In addition to the responsibilities specified in Section 1596.655 of the Health and Safety Code, a child care resource and referral program shall do both of the following: (1) Review trustline applications for completeness and forward the necessary application information to the State Department of Social Services for in-home or license-exempt, home-based child care providers who are being paid through state- or federally funded child care subsidies. (2) Cooperate with the California Child Care Resource and Referral Network to facilitate the use of the trustline Web-based application process.

(1) The Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs. Existing law authorizes funds appropriated for purposes of the act to be used for child care resource and referral programs, which may be operated by public or private nonprofit entities and are required to provide certain information and services to parents and child care providers relating to child care services in a defined geographic area. This bill, which would be known as the Patricia Siegel Child Care Resource and Referral Memorial Act of 2016, would require a child care resource and referral program to provide specified additional services, including providing training and workshops relating to child care services, providing community resource assistance, and collaborating with and assisting other community agencies in planning, coordinating, and improving child care. The bill would delete provisions authorizing a resource and referral program to provide short-term respite care, as defined. The bill would require a resource and referral program to implement written complaint procedures. The bill would require a resource and referral program to provide basic child care referrals, as defined, at no cost. The bill would require a resource and referral program to include additional information in the documentation a resource and referral program is required to maintain. (2) Existing law requires the State Department of Social Services to prevent the use of lists containing names, addresses, and other identifying information of facilities identified as small family day care homes, with certain exceptions. This bill, in addition, would require a child care resource and referral program to limit the distribution of lists of small family day care homes except when necessary to collaborate with federal, state, and local emergency response organizations for emergency preparedness and response efforts. (3) Existing law establishes the California Child Care Initiative Project for certain purposes, including increasing the availability of qualified child care programs in the state. This bill would instead establish 2 projects, to be known as the California Child Care Initiative Project - Project — State Program and the California Child Care Initiative Project - Project — Quality Plan Program, respectively. (4) Existing law requires the State Department of Social Services to establish a trustline registry for purposes of conducting background checks for specified child care service providers and imposes certain responsibilities on child care resource and referral programs in the administration of the trustline registry. This bill would impose additional requirements on resource and referral programs relating to the trustline registry, including reviewing trustline applications for in-home or license-exempt, home-based child care providers who are being paid through state- or federally funded child care subsidies and facilitating the trustline Web-based application process. (5) This bill would make other conforming changes and nonsubstantive changes.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Patricia Siegel Child Care Resource and Referral Memorial Act of 2016. SEC. 2. Section 8210 of the Education Code is amended to read: 8210. Funds appropriated for the purpose of this article shall be used for child care resource and referral programs that may be operated by public or private nonprofit entities. SEC. 3. Section 8211 of the Education Code is amended to read: 8211. It is the intent of the Legislature to appropriate funding each fiscal year for allocation to child care resource and referral programs. SEC. 4. Section 8212 of the Education Code is amended to read: 8212. (a) Child care resource and referral programs are unique in their provision of services to all parents regardless of income and all types of child care providers. For purposes of this article, child care resource and referral programs, established to serve a defined geographic area, shall provide all of the following services: (1) Identification of the full range of existing child care services through information provided by all relevant public and private agencies in the areas of service, and the development of a resource file of those services that shall be maintained and updated at least quarterly. These services shall include, but not be limited to, family day care homes, public and private day care programs, full-time and part-time programs, and infant, preschool, and extended care programs. The resource file shall include, but not be limited to, all of the following information: (A) Type of program. (B) Hours of service. (C) Ages of children served. (D) Fees and eligibility for services. (E) Significant program information. (2) (A) (i) Establishment of a referral process that is described in writing and is available to parents parents, providers, and potential providers upon request, that responds to parental need for information to make the most informed child care choice for the family. Referrals shall be available to all persons requesting the information regardless of income level or other eligibility requirements. A child care resource and referral program shall limit the distribution of lists of small family day care homes as required pursuant to Section 1596.86 of the Health and Safety Code except when necessary to collaborate with federal, state, and local emergency response organizations for emergency preparedness and response efforts. Referrals shall be provided with full recognition of the confidentiality rights of parents. Resource and referral programs shall make referrals to licensed child day care facilities, and may make referrals to programs that are legally exempt from licensing. The referral process shall afford parents maximum access to all referral information. This access shall include, but is not limited to, telephone referrals to be made available for at least 30 hours per week as part of a full week of contracted operation. Every effort shall be made to make child care referrals accessible to all parents within the defined geographic area by using methods including, but not limited to, any of the following: (I) Toll-free telephone lines. (II) Email and other appropriate technology. (III) Office space convenient to parents and providers. (IV) Referrals in languages that are spoken in the community. (ii) Each child care resource and referral program shall publicize its services through all available media sources, agencies, and other appropriate methods. (B) (i) Provision of information to any person who requests a child care referral of his or her right to view the licensing information of a licensed child day care facility required to be maintained at the facility pursuant to Section 1596.859 of the Health and Safety Code and to access any public files pertaining to the facility that are maintained by the State Department of Social Services Community Care Licensing Division. (ii) A written or oral advisement in substantially the following form will comply with the requirements of clause (i): “State law requires licensed child day care facilities to make accessible to the public a copy of any licensing report pertaining to the facility that documents a facility visit or a substantiated complaint investigation. In addition, a more complete file regarding a child care licensee may be available at an office of the State Department of Social Services Community Care Licensing Division. You have the right to access any public information in these files.” (3) (A) Maintenance of ongoing documentation of requests for service tabulated through the internal referral process. The following documentation of requests for service shall be maintained by all child care resource and referral programs: (i) Number of calls and contacts to the child care resource and referral program or component. (ii) Ages of children served. (iii) Time category of child care request for each child. (iv) Special time category, such as nights, weekends, and swing shift. (v) Reason that the child care is needed. (vi) Requests for other child care information. (vii) Child care supply information, including the number of licensed child care programs, and, if available, the number of license-exempt child care providers. (B) This information shall be maintained in a manner that is easily accessible for dissemination purposes. (4) Provision of technical assistance to existing and potential providers of all types of child care services to improve access to, increase the supply of, and improve the quality of child care available in every community in California. This assistance shall include, but not be limited to, all of the following: (A) Providing information on all aspects of initiating new child care services including, but not limited to, licensing, zoning, program and budget development, and assistance in finding this information from other sources. (B) Providing information and resources that help existing child care services providers to maximize their ability to serve the children and parents of their community. (C) Providing training and workshops on health and safety, child development, special needs, and other topics related to professional development. (D) Disseminating information on current public issues affecting the local and state delivery of child care services. (E) Facilitating communication between existing child care and child-related services providers in the community served. (F) Providing information about community resources, child care statistics, and opening a child care business to parents, child care providers, community organizations, and government entities. (G) Collaborating with community partners to increase awareness of child care issues. (H) Assisting community and public agencies in planning, coordinating, and improving child care in the defined geographic area. (I) Partnering with local county welfare agencies in meeting the child care needs of CalWORKs families. (J) Facilitating efforts to expand child care services in the local community based on demonstrated demand for services. (b) Services prescribed by this section shall be provided in order to maximize parental choice in the selection of child care to facilitate the maintenance and development of child care services and resources. (c) (1) A program operating pursuant to this article shall, within two business days of receiving notice from the State Department of Social Services Community Care Licensing Division, remove a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation from the program’s referral list. (2) A program operating pursuant to this article shall, within two business days of receiving notice, notify all entities, operating a program under Article 3 (commencing with Section 8220) and Article 15.5 (commencing with Section 8350) in the program’s jurisdiction, of a licensed child day care facility with a revocation or a temporary suspension order, or that is on probation. SEC. 5. Section 8212.3 of the Education Code is repealed. SEC. 6. Section 8212.5 is added to the Education Code, to read: 8212.5. A child care resource and referral program shall develop and implement written complaint procedures that include all of the following: (a) Procedures for documenting and resolving complaints. (b) Procedures for referring reports of licensing violations to appropriate agencies. (c) Procedures for removing and reinstating a child care provider from referral files. SEC. 7. Section 8214 of the Education Code is amended to read: 8214. Basic child care referrals shall be provided at no cost to all persons requesting services, regardless of income level or other eligibility criteria. A basic child care referral shall include the names and telephone numbers of child care providers that meet the requested need of the parent or guardian seeking referrals in addition to the information and services described in Section 8216. A fee may be charged for an enhanced referral that includes information in addition to basic child care referral information. In addition to the services prescribed by this section, a child care resource and referral program may provide a wide variety of other parent and provider support and educational services. Services, including training, technical assistance, and other appropriate support that improves the quality of child care available in the community, may be provided for all types of child care providers, depending on the available funding for the services. SEC. 8. Section 8215 of the Education Code is amended to read: 8215. (a) There are hereby established two projects, known as the California Child Care Initiative Project - Project — State Program and the California Child Care Initiative Project - Project — Quality Plan Program, respectively. It is the intent of the Legislature to promote and foster the California Child Care Initiative Project - State Program in cooperation with private corporations and local governments. The objective of both projects is to increase the availability of quality child care in the state. (b) For purposes of this section, the California Child Care Initiative Project Projects means a project projects to clarify the role and functions of resource and referral programs in activities, including needs assessment, recruitment and screening of providers, technical assistance, and staff development and training, in order to aid communities to increase the number of child care spaces available and improve the quality of child care services offered. (c) It is the intent of the Legislature to promote and foster the California Child Care Initiative Project — State Program in cooperation with private corporations and local governments. The Superintendent shall allocate all state funds appropriated for the California Child Care Initiative Project - Project — State Program and shall ensure that each dollar of state funds allocated pursuant to this subdivision is matched by two dollars ($2) statewide from other sources, including private corporations, the federal government, or local governments. SEC. 9. Section 8215.5 is added to the Education Code, to read: 8215.5. Child care resource and referral programs shall provide a range of professional development services to all types of child care providers, including, but not limited to, license-exempt child care providers, licensed family day care homes, and center-based child care and development programs, to support the development of new child care services and to improve the quality of services available in the state. SEC. 10. Section 8216 of the Education Code is amended to read: 8216. (a) A child care resource and referral program shall maximize parental choice and supports for parents in locating child care resources in their community by doing all of the following: (1) Provide information regarding how to select child care services that meet the needs of the parent and child. (2) Provide a range of possible child care alternatives from which a parent may choose. (3) Provide information on licensing requirements and procedures. (4) Provide information on available child care subsidies and eligibility requirements. (b) When making referrals, an agency operating both a direct service program and a resource and referral program shall provide at least four referrals, at least one of which shall be a provider over which the agency has no fiscal or operational control. If there are fewer than four providers that meet the request of the parent, a resource and referral program shall provide all of the referrals that meet the parent’s request. SEC. 11. Section 8218 is added to the Education Code, to read: 8218. (a) A child care resource and referral program shall implement the trustline registry program for license-exempt child care providers pursuant to Section 1596.655 of the Health and Safety Code. (b) In addition to the responsibilities specified in Section 1596.655 of the Health and Safety Code, a child care resource and referral program shall do both of the following: (1) Review trustline applications for completeness and forward the necessary application information to the State Department of Social Services for in-home or license-exempt, home-based child care providers who are being paid through state- or federally funded child care subsidies. (2) Cooperate with the California Child Care Resource and Referral Network to facilitate the use of the trustline Web-based application process. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) In 2011, the State of California passed historic legislation to reduce recidivism in the state prison system by supervising people with low-level convictions at the local level, closer to their communities. To support realignment efforts, the state has provided approximately $2.5 billion in funding for local jail construction projects, including: (1) One billion two hundred million dollars ($1,200,000,000) in funding for local jail construction projects authorized by Chapter 7 of the Statutes of 2007. In two phases of the program, 21 counties received awards. When all construction is completed, over 9,000 jail beds will have been added. (2) Five hundred million dollars ($500,000,000) in funding for local jails authorized by Chapter 42 of the Statutes of 2012. The Board of State and Community Corrections (BSCC) awarded 14 counties funding. The program specified that counties seeking to replace or upgrade outdated facilities and provide alternatives to incarceration, including mental health and substance use disorder treatment, would be considered. (3) An additional $500 million for local jails authorized by Chapter 37 of the Statutes of 2014. The BSCC awarded 15 counties funding. This funding was primarily available for improving existing capacity and treatment and programming space. (4) An additional $250 million for local jails and an additional $20 million specifically for Napa County authorized by Chapter 34 of the Statutes of 2016. The funding was limited to those counties that had not been fully funded through previous grants. In addition, a facility constructed or renovated with program funding is required to include space for in-person visitation and a county applying for financing is required to submit a description of efforts to address sexual abuse in its jails. (b) While a number of the counties that were awarded funding under the programs described in paragraphs (1), (2), and (3) of subdivision (a) are offering in-person visitation, there are several that have banned, or are considering banning, in-person visitation and instead offering only video visitation. (c) Experts have found “that prison visitation can significantly improve the transition incarcerated people make from the institution to the community.” Just one visit “reduced the risk of recidivism by 13 percent for felony reconvictions and 25 percent for technical violation revocations.” “[M]ore frequent and recent visits were associated with a decreased risk of recidivism,” and “the more sources of social support an incarcerated person has, the lower the risk of recidivism.” (d) Experts have additionally found that video “[v]isiting cannot replicate seeing someone in-person, and it is critical for a young child to visit his or her incarcerated parent in person to establish a secure attachment.” (e) For purposes of updating and promulgating regulations, the BSCC utilizes the 2015 Adult Titles 15 and 24 Regulation Revision Executive Steering Committee (ESC). The ESC, which is responsible for regulations relating to visitation, requested that one of its working groups discuss the current visitation regulations as they relate to video visitation. Despite expert findings, the BSCC working group on visitation, which was comprised of only law enforcement representatives, stated, in part: “The workgroup engaged in a lengthy discussion regarding video visitation versus in-person visits. Several members of the group reported that their county is planning or building new facilities with space for video visiting only (no space for in-person visits).” (f) Chapter 15 of the Statutes of 2011, the public safety realignment legislation, included the following legislative findings: “Realigning low-level felony offenders who do not have prior convictions for serious, violent, or sex offenses to locally run, community-based corrections programs which are strengthened through community-based punishment, evidence-based practices, improved supervision strategies, and enhanced secured capacity, will improve public safety outcomes among adult felons and facilitate their reintegration back into society.” (g) Due to the enactment of realignment legislation, more people are serving lengthy jail sentences for felony convictions, often years and, in some cases, decades. (h) California’s criminal justice realignment will be strengthened by ensuring that incarcerated people at the local level have contact with, and build meaningful connections with, friends and family in their communities. With these connections, incarcerated people will be better prepared to successfully reintegrate into and contribute to society. SEC. 2. Section 4032 is added to the Penal Code, to read: 4032. (a) A local detention facility that elects to utilize video or other types of electronic devices for inmate visitations shall also provide inmates with in-person visitation that meets or surpasses the minimum number of weekly visits required by regulations of the Board of State and Community Corrections for persons detained in the facility. For purposes of this section, “local detention facility” has the same meaning as defined in Section 6031.4. (b) Notwithstanding subdivision (a), a local detention facility that elects to utilize video or other types of electronic devices for inmate visitations and does not have existing space available for in-person visitation shall provide visitation in accordance with subdivision (a) no later than January 1, 2022.

Existing law provides that a county jail is kept by the sheriff of the county in which the jail is situated and is to be used for specified purposes, including for the confinement of persons sentenced to imprisonment in a county jail upon a criminal conviction. Existing regulations of the Board of State and Community Corrections specify the number of visits that inmates held in certain types of correctional facilities are required to be provided. This bill would require a local detention facility, as defined, that elects to utilize video or other types of electronic devices for inmate visitations to also provide an inmate with in-person visitation that meets or surpasses the minimum number of weekly visits required by those regulations for a person detained in the facility. If a local detention facility does not have existing space available for in-person visitation, the bill would require the facility to comply no later than January 1, 2022.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) In 2011, the State of California passed historic legislation to reduce recidivism in the state prison system by supervising people with low-level convictions at the local level, closer to their communities. To support realignment efforts, the state has provided approximately $2.5 billion in funding for local jail construction projects, including: (1) One billion two hundred million dollars ($1,200,000,000) in funding for local jail construction projects authorized by Chapter 7 of the Statutes of 2007. In two phases of the program, 21 counties received awards. When all construction is completed, over 9,000 jail beds will have been added. (2) Five hundred million dollars ($500,000,000) in funding for local jails authorized by Chapter 42 of the Statutes of 2012. The Board of State and Community Corrections (BSCC) awarded 14 counties funding. The program specified that counties seeking to replace or upgrade outdated facilities and provide alternatives to incarceration, including mental health and substance use disorder treatment, would be considered. (3) An additional $500 million for local jails authorized by Chapter 37 of the Statutes of 2014. The BSCC awarded 15 counties funding. This funding was primarily available for improving existing capacity and treatment and programming space. (4) An additional $250 million for local jails and an additional $20 million specifically for Napa County authorized by Chapter 34 of the Statutes of 2016. The funding was limited to those counties that had not been fully funded through previous grants. In addition, a facility constructed or renovated with program funding is required to include space for in-person visitation and a county applying for financing is required to submit a description of efforts to address sexual abuse in its jails. (b) While a number of the counties that were awarded funding under the programs described in paragraphs (1), (2), and (3) of subdivision (a) are offering in-person visitation, there are several that have banned, or are considering banning, in-person visitation and instead offering only video visitation. (c) Experts have found “that prison visitation can significantly improve the transition incarcerated people make from the institution to the community.” Just one visit “reduced the risk of recidivism by 13 percent for felony reconvictions and 25 percent for technical violation revocations.” “[M]ore frequent and recent visits were associated with a decreased risk of recidivism,” and “the more sources of social support an incarcerated person has, the lower the risk of recidivism.” (d) Experts have additionally found that video “[v]isiting cannot replicate seeing someone in-person, and it is critical for a young child to visit his or her incarcerated parent in person to establish a secure attachment.” (e) For purposes of updating and promulgating regulations, the BSCC utilizes the 2015 Adult Titles 15 and 24 Regulation Revision Executive Steering Committee (ESC). The ESC, which is responsible for regulations relating to visitation, requested that one of its working groups discuss the current visitation regulations as they relate to video visitation. Despite expert findings, the BSCC working group on visitation, which was comprised of only law enforcement representatives, stated, in part: “The workgroup engaged in a lengthy discussion regarding video visitation versus in-person visits. Several members of the group reported that their county is planning or building new facilities with space for video visiting only (no space for in-person visits).” (f) Chapter 15 of the Statutes of 2011, the public safety realignment legislation, included the following legislative findings: “Realigning low-level felony offenders who do not have prior convictions for serious, violent, or sex offenses to locally run, community-based corrections programs which are strengthened through community-based punishment, evidence-based practices, improved supervision strategies, and enhanced secured capacity, will improve public safety outcomes among adult felons and facilitate their reintegration back into society.” (g) Due to the enactment of realignment legislation, more people are serving lengthy jail sentences for felony convictions, often years and, in some cases, decades. (h) California’s criminal justice realignment will be strengthened by ensuring that incarcerated people at the local level have contact with, and build meaningful connections with, friends and family in their communities. With these connections, incarcerated people will be better prepared to successfully reintegrate into and contribute to society. SEC. 2. Section 4032 is added to the Penal Code, to read: 4032. (a) A local detention facility that elects to utilize video or other types of electronic devices for inmate visitations shall also provide inmates with in-person visitation that meets or surpasses the minimum number of weekly visits required by regulations of the Board of State and Community Corrections for persons detained in the facility. For purposes of this section, “local detention facility” has the same meaning as defined in Section 6031.4. (b) Notwithstanding subdivision (a), a local detention facility that elects to utilize video or other types of electronic devices for inmate visitations and does not have existing space available for in-person visitation shall provide visitation in accordance with subdivision (a) no later than January 1, 2022. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. (a) It is the intent of the Legislature in enacting this act that cost, quality, and equity data be made available and to encourage health care service plans, health insurers, and providers to develop innovative approaches, services, and programs that may have the potential to deliver health care that is both cost effective and responsive to the needs of all enrollees, including recognizing the diversity of California and the impact of social determinants of health. (b) It is further the intent of the Legislature that a cost, quality, and equity data atlas be utilized in California to inform efforts to: (1) Assess California health care needs and available resources. (2) Contain the cost of health care services and coverage. (3) Improve the quality and medical appropriateness of health care. (4) Eliminate or reduce health disparities and address the social determinants of health. (5) Increase the transparency of health care costs and the relative efficiency with which care is delivered. (6) Promote the use of disease management, wellness, prevention, and other innovative programs to keep people healthy, reduce disparities and costs, increase competition, and improve health outcomes for all populations. (7) Assess the value and encourage the efficient utilization of prescription drugs and technology. (8) Reduce unnecessary, inappropriate, and wasteful health care. (9) Educate consumers in the use of health care information. SEC. 2. The heading of Chapter 8 (formerly commencing with Section 127670) of Part 2 of Division 107 of the Health and Safety Code, as amended by Section 230 of Chapter 183 of the Statutes of 2004, is repealed. SEC. 3. Chapter 8 (commencing with Section 127670) is added to Part 2 of Division 107 of the Health and Safety Code, to read: CHAPTER 8. California Health Care Cost, Quality, and Equity Data Atlas 127670. (a) The California Health and Human Services Agency shall research the options for developing a cost, quality, and equity data atlas that is consistent with paragraph (9) of subdivision (b) of Section 56.10 of the Civil Code. This research shall include all of the following: (1) Identification of key data submitters, including health care service plans, specialized health care service plans, insurers licensed to provide health insurance, as defined in Section 106 of the Insurance Code, suppliers, as defined in paragraph (3) of subdivision (b) of Section 1367.50, providers, as defined in paragraph (2) of subdivision (b) of Section 1367.50, self-insured employers, multiemployer self-insured plans that are responsible for paying for health care services provided to beneficiaries, and trust administrators for multiemployer self-insured plans. (2) A comparative analysis of potential models used in other states and an assessment of the extent to which information in addition to the following should be included in the cost, quality, and equity data atlas: (A) Data from the health care service plans’ and insurers’ medical, dental, and pharmacy claims or, in the case of entities that do not use claims data, including, but not limited to, integrated delivery systems, encounter data consistent with the core set of data elements for data submission proposed by the All-Payer Claims Database Council, the University of New Hampshire, and the National Association of Health Data Organizations. (B) Pricing information for health care items, services, and medical and surgical episodes of care gathered from allowed charges for covered health care items and services or, in the case of entities that do not use or produce individual claims, price information that is the best possible proxy to pricing information for health care items, services, and medical and surgical episodes of care available in lieu of actual cost data to allow for meaningful comparisons of provider prices and treatment costs. (C) Information sufficient to determine the impacts of social determinants of health, including age, gender, race, ethnicity, limited English proficiency, sexual orientation and gender identity, ZIP Code, and any other factors for which there is peer-reviewed evidence. (D) Clinical data from health care service plans, integrated delivery systems, hospitals, and clinics, or any combination thereof, that is not included in the core set of data elements for data submission proposed by the All-Payer Claims Database Council and the National Association of Health Data Organizations. (3) An assessment of types of governance structures that incorporate representatives of health care stakeholders and experts, including, but not limited to, representatives of data submitters and representatives of purchasers, such as businesses, organized labor, and consumers. (4) Recommendations on potential funding approaches to support the activities of the cost, quality, and equity data atlas that recognize federal and state confidentiality of medical information laws. (5) An assessment on the extent to which the cost, quality, and equity data atlas could be developed in conjunction with existing public or private activities, including an assessment of the tradeoffs associated with housing the atlas inside or outside of state government. (6) Consultation with a broad spectrum of health care stakeholders and experts, including, but not limited to, representatives of purchasers, such as organized labor, consumers, and businesses. (b) The agency may enter into contracts or agreements to conduct the research described in subdivision (a). (c) (1) The agency shall make the results of the research described in subdivision (a) available to the public no later than March 1, 2017, by submitting a report to the Assembly and Senate Committees on Health. (2) Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on January 1, 2021. (d) The agency may use federal funds for the purpose of this section.

Existing law establishes health care coverage programs to provide health care to segments of the population meeting specified criteria who are otherwise unable to afford health care coverage and provides for the licensure and regulation of health insurers and health care service plans. This bill would require the California Health and Human Services Agency to research the options for developing a cost, quality, and equity data atlas. The bill would require the research to include certain topics, including, among others, identification of key data submitters and a comparative analysis of potential models used in other states. The bill would authorize the agency to enter into contracts or agreements to conduct the research and would require the agency to make the results of the research available to the public no later than March 1, 2017, by submitting a report to the Assembly and Senate Committees on Health.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. (a) It is the intent of the Legislature in enacting this act that cost, quality, and equity data be made available and to encourage health care service plans, health insurers, and providers to develop innovative approaches, services, and programs that may have the potential to deliver health care that is both cost effective and responsive to the needs of all enrollees, including recognizing the diversity of California and the impact of social determinants of health. (b) It is further the intent of the Legislature that a cost, quality, and equity data atlas be utilized in California to inform efforts to: (1) Assess California health care needs and available resources. (2) Contain the cost of health care services and coverage. (3) Improve the quality and medical appropriateness of health care. (4) Eliminate or reduce health disparities and address the social determinants of health. (5) Increase the transparency of health care costs and the relative efficiency with which care is delivered. (6) Promote the use of disease management, wellness, prevention, and other innovative programs to keep people healthy, reduce disparities and costs, increase competition, and improve health outcomes for all populations. (7) Assess the value and encourage the efficient utilization of prescription drugs and technology. (8) Reduce unnecessary, inappropriate, and wasteful health care. (9) Educate consumers in the use of health care information. SEC. 2. The heading of Chapter 8 (formerly commencing with Section 127670) of Part 2 of Division 107 of the Health and Safety Code, as amended by Section 230 of Chapter 183 of the Statutes of 2004, is repealed. SEC. 3. Chapter 8 (commencing with Section 127670) is added to Part 2 of Division 107 of the Health and Safety Code, to read: CHAPTER 8. California Health Care Cost, Quality, and Equity Data Atlas 127670. (a) The California Health and Human Services Agency shall research the options for developing a cost, quality, and equity data atlas that is consistent with paragraph (9) of subdivision (b) of Section 56.10 of the Civil Code. This research shall include all of the following: (1) Identification of key data submitters, including health care service plans, specialized health care service plans, insurers licensed to provide health insurance, as defined in Section 106 of the Insurance Code, suppliers, as defined in paragraph (3) of subdivision (b) of Section 1367.50, providers, as defined in paragraph (2) of subdivision (b) of Section 1367.50, self-insured employers, multiemployer self-insured plans that are responsible for paying for health care services provided to beneficiaries, and trust administrators for multiemployer self-insured plans. (2) A comparative analysis of potential models used in other states and an assessment of the extent to which information in addition to the following should be included in the cost, quality, and equity data atlas: (A) Data from the health care service plans’ and insurers’ medical, dental, and pharmacy claims or, in the case of entities that do not use claims data, including, but not limited to, integrated delivery systems, encounter data consistent with the core set of data elements for data submission proposed by the All-Payer Claims Database Council, the University of New Hampshire, and the National Association of Health Data Organizations. (B) Pricing information for health care items, services, and medical and surgical episodes of care gathered from allowed charges for covered health care items and services or, in the case of entities that do not use or produce individual claims, price information that is the best possible proxy to pricing information for health care items, services, and medical and surgical episodes of care available in lieu of actual cost data to allow for meaningful comparisons of provider prices and treatment costs. (C) Information sufficient to determine the impacts of social determinants of health, including age, gender, race, ethnicity, limited English proficiency, sexual orientation and gender identity, ZIP Code, and any other factors for which there is peer-reviewed evidence. (D) Clinical data from health care service plans, integrated delivery systems, hospitals, and clinics, or any combination thereof, that is not included in the core set of data elements for data submission proposed by the All-Payer Claims Database Council and the National Association of Health Data Organizations. (3) An assessment of types of governance structures that incorporate representatives of health care stakeholders and experts, including, but not limited to, representatives of data submitters and representatives of purchasers, such as businesses, organized labor, and consumers. (4) Recommendations on potential funding approaches to support the activities of the cost, quality, and equity data atlas that recognize federal and state confidentiality of medical information laws. (5) An assessment on the extent to which the cost, quality, and equity data atlas could be developed in conjunction with existing public or private activities, including an assessment of the tradeoffs associated with housing the atlas inside or outside of state government. (6) Consultation with a broad spectrum of health care stakeholders and experts, including, but not limited to, representatives of purchasers, such as organized labor, consumers, and businesses. (b) The agency may enter into contracts or agreements to conduct the research described in subdivision (a). (c) (1) The agency shall make the results of the research described in subdivision (a) available to the public no later than March 1, 2017, by submitting a report to the Assembly and Senate Committees on Health. (2) Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on January 1, 2021. (d) The agency may use federal funds for the purpose of this section. ### Summary: This bill would repeal the heading of Chapter 8 (formerly commencing with Section 127670) of Part 2 of Division 10

The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Healthy Food, Healthy Student Act. SEC. 2. Section 49430 of the Education Code is amended to read: 49430. As used in this article, the following terms have the following meanings: (a) “Added sweetener” means an additive other than 100 percent fruit juice that enhances the sweetness of a beverage. (b) “Combination foods” means products that contain two or more components representing two or more of the recommended food groups: fruit, vegetable, dairy, protein, or grains. (c) “Competitive foods” means all food and beverages other than meals reimbursed under programs authorized by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Child Nutrition Act of 1966 (42 U.S.C. Sec. 1771 et seq.) available for sale to pupils on the school campus during the schoolday. (d) “Deep fried” means a food item that is cooked by total submersion in oil or fat. (e) “Elementary school” means a school operated and maintained by a school district or county office of education that maintains any grade from kindergarten to grade 6, inclusive, but no grade higher than grade 6. (f) “Entrée” means a food that is generally regarded as being the primary food in a meal, and shall include, but not be limited to, sandwiches, burritos, pasta, and pizza. (g) “Flash fried” means a food item that is quickly fried on both sides in oil with a temperature of 400 degrees Fahrenheit or higher. (h) “High school” means a school operated and maintained by a school district or county office of education maintaining any of grades 9 to 12, inclusive. (i) “Middle school” means a school operated and maintained by a school district or county office of education that maintains grade 7 or 8, grades 7 to 9, inclusive, or grades 7 to 10, inclusive. (j) “Par fried” means a food item that is fried to reach an internal temperature of 160 degrees Fahrenheit then it is cooled to room temperature so that it may be refrigerated or frozen for future frying. (k) “School campus” means all areas of the property under the jurisdiction of the school that are accessible to pupils during the schoolday. (l) “Schoolday” means the period from the midnight before to 30 minutes after the end of the official schoolday. (m) “Snack” means a food that is generally regarded as supplementing a meal, including, but not limited to, chips, crackers, yogurt, cheese, nuts, seeds, fruit, or vegetables. (n) “Sold” means the exchange of food or beverages for money, coupons, vouchers, or order forms when any part of the exchange occurs on a school campus. SEC. 3. Section 49430.5 of the Education Code is amended to read: 49430.5. (a) The reimbursement a school receives for free and reduced-price meals sold or served to pupils in elementary, middle, or high schools included within a school district, charter school, or county office of education shall be twenty-two and seventy-one hundredths cents ($0.2271) per meal, and, for meals served in child care centers and homes, the reimbursement shall be sixteen and ninety-one hundredths cents ($0.1691) per meal. (b) To qualify for the reimbursement for free and reduced-price meals provided to pupils in elementary, middle, or high schools, a school shall follow the United States Department of Agriculture meal pattern. (c) The reimbursement rates set forth in this section shall be adjusted annually for increases in cost of living in the same manner set forth in Section 42238.1. SEC. 4. Section 49430.7 of the Education Code is amended to read: 49430.7. (a) For purposes of this section, the following terms have the following meanings: (1) “Child development program” means a program operated pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1. (2) “School” means a school operated and maintained by a school district or county office of education, or a charter school. (3) “School district” means a school district, charter school, or county office of education. (b) As a condition of receipt of funds pursuant to Section 49430.5, commencing with the 2007–08 fiscal year, for meals and food items sold as part of the free and reduced-price meal programs, a school or school district shall comply with all of the following requirements and prohibitions: (1) Follow the United States Department of Agriculture meal pattern. (2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school or school district. (3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving. (4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat that is prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this paragraph include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit. (c) For meals and food items sold as part of the free and reduced-price meal programs, a child development program is encouraged to comply with all of the following guidelines: (1) Meet developmentally and programmatically appropriate meal pattern and the United States Department of Agriculture meal pattern. (2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school, school district, or child development program. (3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving. (4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this provision include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit. (d) As a condition of receipt of funds pursuant to Section 49430.5, schools and school districts shall provide the department with an annual certification of compliance with the provisions of this section. (e) This section shall become operative only upon an appropriation for its purposes in the annual Budget Act or another statute. SEC. 5. Section 49431 of the Education Code is amended to read: 49431. (a) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary school, the only competitive foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meets the following standards: (1) Not more than 35 percent of its total calories shall be from fat. This paragraph shall not apply to individually sold portions of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination. (2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination. (3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar. This paragraph shall not apply to fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination. (4) Contains less than 0.5 grams of trans fat per serving. (5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil. (6) Contains not more than 200 calories per individual food item. (b) An elementary school may permit the sale of food items that do not comply with subdivision (a) as part of a school fundraising event in either of the following circumstances: (1) The sale of those items takes place off of and away from school premises. (2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (c) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section and Section 49431.5. SEC. 6. Section 49431.2 of the Education Code is amended to read: 49431.2. (a) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, the only competitive snack foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meet all of the following standards: (1) Not more than 35 percent of its total calories shall be from fat. This paragraph does not apply to the sale of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination. (2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination. (3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugars. This paragraph shall not apply to the sale of fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination. (4) Contains less than 0.5 grams of trans fat per serving. (5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil. (6) Contains not more than 200 calories per individual food item. (b) (1) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu shall meet the following standards: (A) Contains not more than 400 calories per entrée item. (B) Not more than 35 percent of its total calories shall be from fat. (C) Contains less than 0.5 grams trans fat per serving. (D) Is offered in the same or smaller portion sizes as in the federal National School Lunch Program or federal School Breakfast Program. (2) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department but not the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu, or a competitive entrée sold by any other entity, shall meet the following standards: (A) Not more than 35 percent of its total calories shall be from fat. (B) Less than 10 percent of its calories shall be from saturated fat. (C) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar. (D) Contains less than 0.5 grams of trans fat per serving. (E) Contains not more than 480 milligrams of sodium. (F) Contains not more than 350 calories. (c) A middle school or high school may permit the sale of food items that do not comply with subdivision (a) or (b) in any of the following circumstances: (1) The sale of those items takes place off of and away from school premises. (2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (d) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section. SEC. 7. Section 49431.5 of the Education Code is amended to read: 49431.5. (a) (1) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary or middle school, the only competitive beverages that may be sold to a pupil are the following: (A) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. (B) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. (C) Plain water or plain carbonated water. (D) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, and other similar nondairy milk in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. (E) A beverage shall not contain caffeine with the exception of trace amounts of naturally occurring caffeine substances. (2) An elementary school or middle school may permit the sale of beverages that do not comply with paragraph (1) as part of a school fundraising event in either of the following circumstances: (A) The sale of those items takes place off and away from the premises of the school. (B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (3) From the midnight before to 30 minutes after the end of the official schoolday, at each high school, the only competitive beverages that may be sold to a pupil are the following: (A) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 12 fluid ounces. (B) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 12 fluid ounces. (C) Plain water or plain carbonated water. (D) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, and other similar nondairy milk in a maximum serving size of 12 fluid ounces. (E) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces. (F) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces. (G) Electrolyte replacement beverages that are labeled to contain less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces. (H) Electrolyte replacement beverages that are labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces. (I) Beverages labeled or commonly referred to as sodas, colas, or soft drinks are not allowed. (J) A beverage shall not contain caffeine with the exception of trace amounts of naturally occurring caffeine substances. (4) A high school may permit the sale of beverages that do not comply with paragraph (3) as part of a school event if the sale of those items meets either of the following criteria: (A) The sale of those items takes place off and away from the premises of the school. (B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (b) It is the intent of the Legislature that the governing board of a school district annually review its compliance with this section. (c) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this section may not be waived. SEC. 8. Section 49431.7 of the Education Code is amended to read: 49431.7. (a) From the midnight before to 30 minutes after the end of the official schoolday, a school or school district shall not sell to pupils enrolled in kindergarten, or any of grades 1 to 12, inclusive, food containing artificial trans fat, as defined in subdivision (b). (b) For purposes of this section, a food contains artificial trans fat if a food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams of trans fat per serving. (c) This section shall not apply to food provided as part of a United States Department of Agriculture meal program. SEC. 9. Section 49432 of the Education Code is amended to read: 49432. Every public school may post a summary of nutrition and physical activity laws and regulations, and shall inform the public about the content of the school’s local school wellness policy, established pursuant to the federal Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296). The department shall develop the summary of state law and regulations. SEC. 10. 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 in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

(1) Existing federal law establishes nutritional standards for all food and beverages other than meals reimbursed under programs authorized by the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 available for sale to pupils on the school campus during the schoolday. Existing state law establishes nutritional standards for all food and beverages sold or served to pupils in elementary, middle, and high school. This bill would enact the Healthy Food, Healthy Student Act to update state law regarding school nutritional standards to conform to the federal standards. To the extent these changes would impose new duties on school districts and county offices of education, the bill would impose a state-mandated local program. (2) Existing law requires every public school to post the school district’s nutrition and physical activity policies in public view within all school cafeterias or other central eating areas. This bill would, instead, require every public school to inform the public about the content of the school’s local school wellness policy, thereby imposing a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Healthy Food, Healthy Student Act. SEC. 2. Section 49430 of the Education Code is amended to read: 49430. As used in this article, the following terms have the following meanings: (a) “Added sweetener” means an additive other than 100 percent fruit juice that enhances the sweetness of a beverage. (b) “Combination foods” means products that contain two or more components representing two or more of the recommended food groups: fruit, vegetable, dairy, protein, or grains. (c) “Competitive foods” means all food and beverages other than meals reimbursed under programs authorized by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Child Nutrition Act of 1966 (42 U.S.C. Sec. 1771 et seq.) available for sale to pupils on the school campus during the schoolday. (d) “Deep fried” means a food item that is cooked by total submersion in oil or fat. (e) “Elementary school” means a school operated and maintained by a school district or county office of education that maintains any grade from kindergarten to grade 6, inclusive, but no grade higher than grade 6. (f) “Entrée” means a food that is generally regarded as being the primary food in a meal, and shall include, but not be limited to, sandwiches, burritos, pasta, and pizza. (g) “Flash fried” means a food item that is quickly fried on both sides in oil with a temperature of 400 degrees Fahrenheit or higher. (h) “High school” means a school operated and maintained by a school district or county office of education maintaining any of grades 9 to 12, inclusive. (i) “Middle school” means a school operated and maintained by a school district or county office of education that maintains grade 7 or 8, grades 7 to 9, inclusive, or grades 7 to 10, inclusive. (j) “Par fried” means a food item that is fried to reach an internal temperature of 160 degrees Fahrenheit then it is cooled to room temperature so that it may be refrigerated or frozen for future frying. (k) “School campus” means all areas of the property under the jurisdiction of the school that are accessible to pupils during the schoolday. (l) “Schoolday” means the period from the midnight before to 30 minutes after the end of the official schoolday. (m) “Snack” means a food that is generally regarded as supplementing a meal, including, but not limited to, chips, crackers, yogurt, cheese, nuts, seeds, fruit, or vegetables. (n) “Sold” means the exchange of food or beverages for money, coupons, vouchers, or order forms when any part of the exchange occurs on a school campus. SEC. 3. Section 49430.5 of the Education Code is amended to read: 49430.5. (a) The reimbursement a school receives for free and reduced-price meals sold or served to pupils in elementary, middle, or high schools included within a school district, charter school, or county office of education shall be twenty-two and seventy-one hundredths cents ($0.2271) per meal, and, for meals served in child care centers and homes, the reimbursement shall be sixteen and ninety-one hundredths cents ($0.1691) per meal. (b) To qualify for the reimbursement for free and reduced-price meals provided to pupils in elementary, middle, or high schools, a school shall follow the United States Department of Agriculture meal pattern. (c) The reimbursement rates set forth in this section shall be adjusted annually for increases in cost of living in the same manner set forth in Section 42238.1. SEC. 4. Section 49430.7 of the Education Code is amended to read: 49430.7. (a) For purposes of this section, the following terms have the following meanings: (1) “Child development program” means a program operated pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1. (2) “School” means a school operated and maintained by a school district or county office of education, or a charter school. (3) “School district” means a school district, charter school, or county office of education. (b) As a condition of receipt of funds pursuant to Section 49430.5, commencing with the 2007–08 fiscal year, for meals and food items sold as part of the free and reduced-price meal programs, a school or school district shall comply with all of the following requirements and prohibitions: (1) Follow the United States Department of Agriculture meal pattern. (2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school or school district. (3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving. (4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat that is prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this paragraph include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit. (c) For meals and food items sold as part of the free and reduced-price meal programs, a child development program is encouraged to comply with all of the following guidelines: (1) Meet developmentally and programmatically appropriate meal pattern and the United States Department of Agriculture meal pattern. (2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school, school district, or child development program. (3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving. (4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this provision include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit. (d) As a condition of receipt of funds pursuant to Section 49430.5, schools and school districts shall provide the department with an annual certification of compliance with the provisions of this section. (e) This section shall become operative only upon an appropriation for its purposes in the annual Budget Act or another statute. SEC. 5. Section 49431 of the Education Code is amended to read: 49431. (a) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary school, the only competitive foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meets the following standards: (1) Not more than 35 percent of its total calories shall be from fat. This paragraph shall not apply to individually sold portions of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination. (2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination. (3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar. This paragraph shall not apply to fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination. (4) Contains less than 0.5 grams of trans fat per serving. (5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil. (6) Contains not more than 200 calories per individual food item. (b) An elementary school may permit the sale of food items that do not comply with subdivision (a) as part of a school fundraising event in either of the following circumstances: (1) The sale of those items takes place off of and away from school premises. (2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (c) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section and Section 49431.5. SEC. 6. Section 49431.2 of the Education Code is amended to read: 49431.2. (a) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, the only competitive snack foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meet all of the following standards: (1) Not more than 35 percent of its total calories shall be from fat. This paragraph does not apply to the sale of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination. (2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part skim mozzarella cheese packaged for individual sale, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination. (3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugars. This paragraph shall not apply to the sale of fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination. (4) Contains less than 0.5 grams of trans fat per serving. (5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil. (6) Contains not more than 200 calories per individual food item. (b) (1) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu shall meet the following standards: (A) Contains not more than 400 calories per entrée item. (B) Not more than 35 percent of its total calories shall be from fat. (C) Contains less than 0.5 grams trans fat per serving. (D) Is offered in the same or smaller portion sizes as in the federal National School Lunch Program or federal School Breakfast Program. (2) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department but not the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu, or a competitive entrée sold by any other entity, shall meet the following standards: (A) Not more than 35 percent of its total calories shall be from fat. (B) Less than 10 percent of its calories shall be from saturated fat. (C) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar. (D) Contains less than 0.5 grams of trans fat per serving. (E) Contains not more than 480 milligrams of sodium. (F) Contains not more than 350 calories. (c) A middle school or high school may permit the sale of food items that do not comply with subdivision (a) or (b) in any of the following circumstances: (1) The sale of those items takes place off of and away from school premises. (2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (d) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section. SEC. 7. Section 49431.5 of the Education Code is amended to read: 49431.5. (a) (1) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary or middle school, the only competitive beverages that may be sold to a pupil are the following: (A) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. (B) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. (C) Plain water or plain carbonated water. (D) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, and other similar nondairy milk in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. (E) A beverage shall not contain caffeine with the exception of trace amounts of naturally occurring caffeine substances. (2) An elementary school or middle school may permit the sale of beverages that do not comply with paragraph (1) as part of a school fundraising event in either of the following circumstances: (A) The sale of those items takes place off and away from the premises of the school. (B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (3) From the midnight before to 30 minutes after the end of the official schoolday, at each high school, the only competitive beverages that may be sold to a pupil are the following: (A) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 12 fluid ounces. (B) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 12 fluid ounces. (C) Plain water or plain carbonated water. (D) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, and other similar nondairy milk in a maximum serving size of 12 fluid ounces. (E) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces. (F) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces. (G) Electrolyte replacement beverages that are labeled to contain less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces. (H) Electrolyte replacement beverages that are labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces. (I) Beverages labeled or commonly referred to as sodas, colas, or soft drinks are not allowed. (J) A beverage shall not contain caffeine with the exception of trace amounts of naturally occurring caffeine substances. (4) A high school may permit the sale of beverages that do not comply with paragraph (3) as part of a school event if the sale of those items meets either of the following criteria: (A) The sale of those items takes place off and away from the premises of the school. (B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (b) It is the intent of the Legislature that the governing board of a school district annually review its compliance with this section. (c) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this section may not be waived. SEC. 8. Section 49431.7 of the Education Code is amended to read: 49431.7. (a) From the midnight before to 30 minutes after the end of the official schoolday, a school or school district shall not sell to pupils enrolled in kindergarten, or any of grades 1 to 12, inclusive, food containing artificial trans fat, as defined in subdivision (b). (b) For purposes of this section, a food contains artificial trans fat if a food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams of trans fat per serving. (c) This section shall not apply to food provided as part of a United States Department of Agriculture meal program. SEC. 9. Section 49432 of the Education Code is amended to read: 49432. Every public school may post a summary of nutrition and physical activity laws and regulations, and shall inform the public about the content of the school’s local school wellness policy, established pursuant to the federal Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296). The department shall develop the summary of state law and regulations. SEC. 10. 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 in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Chapter 211 of the Statutes of 1919, as amended by Chapter 1223 of the Statutes of 1977, is repealed. SEC. 2. (a) For the purposes of this act, the following definitions shall apply: (1) “Act” means Sections 2 to 10, inclusive, of the act enacting this section. (2) “Commission” means the State Lands Commission. (3) “Public trust doctrine” means the common law doctrine, as enunciated by the court in Marks v. Whitney (1971) 6 Cal.3d 251 and National Audubon Society v. Superior Court (1983) 33 Cal.3d 419 and other relevant judicial decisions, specifying the state’s authority as sovereign to exercise a continuous supervision and control over the navigable waters of the state, the lands underlying those waters, and nonnavigable tributaries to navigable waters, including the protection of maritime or water dependent commerce, navigation, and fisheries, and the preservation of lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation. (4) “State” means the State of California. (5) “Trustee” means the City of Albany, a municipal corporation. (6) “Trust lands” means Parcel 1, Parcel 2, and Parcel 3, as described in Section 10 of this act, situated in the County of Alameda. (7) “Trust revenues” means all revenues received from trust lands and trust assets. (8) “Trust lands use plan” or “plan” means the trust lands use plan required to be submitted by the trustee to the commission pursuant to Section 4 of this act. (9) “Trust lands use report” means the report of the trustee’s utilization of the trust lands required to be submitted by the trustee pursuant to Section 5 of this act. (b) There is hereby granted in trust to the City of Albany, and to its successors, all of the rights, title, and interest of the state, held by the state by virtue of its sovereignty, in and to three parcels of land situated in the County of Alameda as described in Section 10 of this act. (c) The Legislature finds and declares that the City of Albany intends that the lands granted in subdivision (b) shall be included as part of McLaughlin Eastshore State Park. SEC. 3. The trust grant specified in subdivision (b) of Section 2 of this act is subject to all of the following express conditions: (a) The trust lands shall be held by the trustee in trust for the benefit of all the people of the state for purposes consistent with the public trust doctrine, including, but not limited to, maritime or water-dependent commerce, navigation, and fisheries, and preservation of the lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation. (b) On and after January 1, 2022, the use of the trust lands shall conform to an approved trust lands use plan, as required by Section 4 of this act. (c) The trustee shall not, at any time, grant, convey, give, or otherwise alienate or hypothecate the trust lands, or any part of the trust lands, to any person, firm, entity, or corporation for any purposes whatsoever. (d) The trustee may lease the trust lands, or any part of the trust lands, for limited periods, not exceeding 49 years, for purposes consistent with the trust upon which those lands are held, as specified in subdivision (a). The trustee may collect and retain rents and other trust revenues from those leases, under rules and regulations adopted in accordance with subdivision (d) of Section 4 of this act, and in accordance with all of the following requirements: (1) On and after January 1, 2022, all leases or agreements proposed or entered into by the trustee shall be consistent with the trust lands use plan approved by the commission, as required by Section 4 of this act. Any leases entered into prior to January 1, 2022, shall be consistent with the public trust doctrine and the terms of subdivision (a). (2) The lease rental rates shall be for a fair annual rent. (3) The lease shall be in the best interest of the state. (e) When managing, conducting, operating, or controlling the trust lands or an improvement, betterment, or structure on the trust lands, the trustee or his or her successor shall not discriminate in rates, tolls, or charges for any use or service in connection with those actions and shall not discriminate against or unlawfully segregate any person or group of persons because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, in accordance with Article 1 (commencing with Section 12940) of Chapter 6 of Part 2.8 of Division 3 of Title 2 of the Government Code and other state antidiscrimination laws, for any use or service in connection with those actions. (f) The state shall have the right to use, without charge, a transportation, landing, or storage improvement, betterment, or structure constructed upon the trust lands for a vessel or other watercraft or railroad owned or operated by, or under contract to, the state. (g) The trust lands are subject to the express reservation and condition that the state may, at any time in the future, use those lands or any portion of those lands for highway purposes without compensation to the trustee or a person, firm, or public or private corporation claiming a right to those lands, except, if improvements have been placed with legal authority upon the property taken by the state for highway purposes, compensation shall be made to the person entitled to the value of the interest in the improvements taken or the damages to that interest. (h) There is reserved to the people of the state the right to fish in the waters over the trust lands, with the right of convenient access to those waters over the trust lands for this purpose. (i) There is excepted and reserved to the state all remains or artifacts of archaeological or historical significance and all deposits of minerals in the trust lands, including, but not limited to, all substances specified in Section 6407 of the Public Resources Code, and the right to prospect for, mine, and remove those deposits from the lands. (j) Prior to entering into a lease, franchise, or agreement concerning the trust lands, the governing body of the trustee shall first adopt a resolution declaring its intention to take that action. The resolution shall describe the lands or improvements that are the subject of the lease, franchise, or agreement in such a manner as to identify them accurately and shall specify the minimum rental or other consideration and the other terms and conditions of the lease, franchise, or agreement. The resolution shall be submitted to the commission prior to entering into a lease, franchise, or agreement. (k) The trustee shall reimburse the commission for all expenses incurred in the administration of this act, including periodic audits or investigations. SEC. 4. (a) On or before January 1, 2022, the trustee shall submit to the commission a trust lands use plan describing any proposed development, preservation, or other use of the trust lands. The trustee shall thereafter submit to the commission for approval all changes or amendments to, or extensions of, the trust lands use plan. The trustee may apply to the commission for, and the commission may approve, reasonable extensions of time to meet this deadline. (b) The commission shall review with reasonable promptness the trust lands use plan submitted by the trustee and any changes or amendments to determine whether they are consistent with the public trust doctrine and the requirements of this act. Based upon its review, the commission shall either approve or disapprove the plan. If the commission disapproves the plan, the commission shall notify the trustee and the trustee shall submit a revised plan to the commission no later than 180 days after the date of notice of disapproval. If the commission determines the revised plan is inconsistent with the public trust doctrine or the requirements of this act, all rights, title, and interest of the trustee in and to the trust lands and improvements on the trust lands shall revert to the state. (c) The trust lands use plan shall consist of a plan, program, or other document that includes all of the following: (1) A general description of the type of uses planned or proposed for the trust lands. The location of these land uses shall be shown on a map or aerial photograph. (2) The projected statewide benefit to be derived from the planned or proposed uses of the trust lands, including, but not limited to, financial benefit. (3) The proposed method of financing the planned or proposed uses of the trust lands, including estimated capital costs, annual operating costs, and anticipated annual trust revenues. (4) An estimated timetable for the implementation of the trust lands use plan or each phase of the plan. (5) A description of how the trustee proposes to protect and preserve natural and manmade resources and facilities located on trust lands and operated in connection with the use of the trust lands, including, but not limited to, addressing impacts from sea level rise. (d) The governing body of the trustee shall also submit to the commission, as part of the trust lands use plan, for its approval procedures, rules, and regulations to govern the use of or development of the trust lands. These rules and regulations shall include, but are not limited to, lease rates, the basis upon which the rates are established, lease terms and conditions, provisions for renegotiation of rates and terms and assignments, and any other information as may be required by the commission. (e) Upon request, the trustee shall submit to the commission a copy of all leases and agreements entered into, renewed, or renegotiated. SEC. 5. (a) On or before September 30, 2022, and on or before September 30 of every succeeding fifth year, the trustee shall submit a report of its utilization of the trust lands for each immediately preceding five-calendar-year period ending with June 30 of the calendar year in which the report is required to be submitted. (b) The report required by this section shall include all of the following: (1) A general description of the uses to which the trust lands have been placed during the period covered by the report. (2) A list of the holders of leases or permits that have been granted or issued by the trustee. The list shall specify all of the following, as to each holder: (A) The use to which the trust lands have been placed by the owner or holder. (B) The consideration provided for in each lease or permit and the consideration actually received by the trustee for the lease or permit granted or issued. (C) An enumeration of the restrictions that the trustee has placed on the use of the trust lands, and each area of the trust lands, for the period covered by the report. (c) A report shall not be required if the utilization of the trust lands within the immediately preceding five-calendar-year period is identical to the utilization of the trust lands as stated in a previously submitted report. If a new report is not submitted, the trustee shall submit a letter to the commission stating that its utilization of the trust lands has not changed during the immediately preceding five-calendar-year period. The letter required in this section shall also include the name and date of the utilization report that contains the applicable uses of the trust lands. SEC. 6. (a) The trustee shall demonstrate good faith in carrying out the provisions of its trust lands use plan and amending it when necessary in accordance with subdivision (a) of Section 4 of this act. (b) If the commission determines that the trustee has substantially failed to improve, restore, preserve, or maintain the trust lands, as required by the trust lands use plan, or has unreasonably delayed implementation of the trust lands use plan, all rights, title, and interest of the trustee in and to the trust lands and improvements on the trust lands shall revert to the state. SEC. 7. (a) (1) The trustee shall establish and maintain accounting procedures, in accordance with generally accepted accounting principles, providing accurate records of all revenues received from the trust lands and trust assets and of all expenditures of those revenues. (2) All trust revenues received from trust lands and trust assets shall be expended only for those uses and purposes consistent with this act. The trustee shall provide for the segregation of the revenues derived from the use of the trust lands by the trustee from other city municipal funds, so as to ensure that trust revenues are only expended to enhance or maintain the trust lands in accordance with the uses and purposes for which the trust lands are held. (3) Trust revenues may be expended to acquire appropriate upland properties to benefit and enhance the trust, subject to a determination by the commission that this acquisition is consistent with this act and in the best interests of the state. Property acquired with these trust revenues shall be considered an asset of the trust and subject to the terms and conditions of this act. (b) The trustee shall comply with Section 6306 of the Public Resources Code. (c) (1) Before expending trust revenues for any single capital improvement on the trust lands involving an amount in excess of two hundred fifty thousand dollars ($250,000) in the aggregate, the trustee shall file with the commission a detailed description of the capital improvement not less than 120 days prior to the time of any disbursement of trust revenues for, or in connection with, that capital improvement. (2) Within 120 days after the time of a filing specified in paragraph (1), the commission shall determine whether the capital improvement is in the statewide interest and benefit and, if the filing is made on or before December 1, 2021, whether it is consistent with subdivision (a) of Section 3 of this act or, if the filing is made on or after January 1, 2022, whether it is consistent with the trust lands use plan. The commission may request the opinion of the Attorney General on the matter, and if the commission makes this request, the Attorney General shall deliver a copy of the opinion to the trustee with the notice of its determination. (3) If the commission notifies the trustee that the capital improvement is not authorized, the trustee shall not disburse any trust revenues for, or in connection with, the capital improvement, unless it is determined to be authorized by a final order or judgment of a court of competent jurisdiction. (4) The trustee may bring suit against the state to secure an order or judgment for purposes of paragraph (3). The suit shall have priority over all other civil matters. Service shall be made upon the executive officer of the commission and the Attorney General, and the Attorney General shall defend the state in that suit. If judgment is given against the state in the suit, no costs may be recovered. (d) On June 30, 2021, and at the end of every fiscal year thereafter, 20 percent of all gross revenue generated from the trust lands shall be transmitted to the commission. Of this amount transmitted, the commission shall allocate 80 percent to the Treasurer for deposit in the General Fund and 20 percent to the Treasurer for deposit in the Land Bank Fund, created pursuant to Section 8610 of the Public Resources Code, for expenditure pursuant to the Kapiloff Land Bank Act (Division 7 (commencing with Section 8600) of the Public Resources Code) for management of the commission’s granted lands program. (e) The commission may, from time to time, institute a formal inquiry to determine that the terms and conditions of this act, and amendments to this act, have been complied with and that all other applicable provisions of law concerning the trust lands are being complied with in good faith. (f) The commission shall approve in advance of expenditure any reimbursement for expenditures of nontrust revenues for improvements made to the trust or, if not approved, those expenditures shall be deemed a gift to the trust. SEC. 8. (a) If the commission finds that the trustee has violated or is about to violate the terms of its trust grant or any other principle of law relating to its obligation under the public trust doctrine or under this act, the commission shall notify the trustee of the violation. (b) The trustee shall have 30 days from the receipt of a notice of violation to conform to the terms of its grant and the principles of law under the public trust doctrine. If the trustee fails or refuses to take those actions, the commission may bring an action to enforce the rights of the state and people as settlor beneficiary of the public trust doctrine. (c) The Attorney General shall represent the state in all actions or proceedings taken pursuant to this section. If the judgment is given against the state in the action or proceeding, no costs shall be recovered from the state and people. SEC. 9. The requirements of Section 6359 of the Public Resources Code do not apply to the trust lands granted pursuant to this act. SEC. 10. The trust lands granted in Section 3 are three parcels of tide and submerged lands situated in and adjacent to the bed of San Francisco Bay, Alameda County, State of California, more particularly described as follows: PARCEL 1 COMMENCING at point “A” as shown on the Map of the Grant to the City of Albany, recorded July 24, 1963, in Book 43 of Maps, page 12A, Alameda County Records, said point “A” having California Zone 2 coordinates of x = 1,469,703.82 feet and y = 511,851.40 feet, thence along the northerly boundary of said Grant S 74° 21’ 53” E, 2573.92 feet to point “B” as shown on said map and being the TRUE POINT OF BEGINNING, thence continuing along the boundary of said grant the following ten courses: (1) N 01° 08’ 07” E, 661.08 feet; (2) S 88° 51’ 53” E, 661.58 feet; (3) N 01° 08’ 07” E, 876.29 feet; (4) N 75° 19’ 34” E, 1636.95 feet; (5) S 88° 51’ 53” E, 409.57 feet; (6) S 01° 08’ 07” W, 1321.66 feet; (7) N 88° 51’ 53” W, 661.05 feet; (8) S 01° 08’ 07” W, 1322.17 feet; (9) N 88° 51’ 53” W, 1550.05 feet; (10) S 32° 12’ 53” E, 1582.80 feet; thence N 88° 51’ 53” W, 1305.22 feet; thence N 01° 08’ 07” E, 1983.26 feet to the True Point of Beginning. Coordinates, bearings, and distances used in the above description are based on the California Coordinate System, Zone 2. PARCEL 2 BEGINNING at Point “J” as shown on said Map of Grant to the City of Albany, recorded July 24, 1963, said point “J” having California Zone 2 coordinates of x = 1,474,154.14 feet and y = 510,458.00 feet, thence along the boundary of said grant the following two courses: (1) N 88° 51’ 53” W, 1550.05 feet; (2) S 32° 12’ 53” E, 1582.80 feet; thence N 28° 20’ 17” E, 1487.26 feet to the point of beginning. Coordinates, bearings, and distances used in the above description are based on the California Coordinate System, Zone 2. PARCEL 3 All of that certain parcel of land described as Parcel 1 in deed to the City of Albany, recorded January 15, 1942, in Liber 4159, page 296, Alameda County Records. SEC. 11. 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 are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII B of the California Constitution.

Existing law grants in trust to the City of Albany certain designated tidelands and submerged lands, both filled and unfilled, for specified uses. The grant, among other things, requires that those lands be used in conformity with the Albany Waterfront Plan and be improved in accordance with the plan on or before January 1, 1988, or title therein shall revert to the state. Existing law imposes various requirements regarding public rights in the granted lands, leasing of lands by the city, management and disposition of revenues from the lands, and the determination of boundaries of the lands granted that are subject to the jurisdiction of the San Francisco Bay Conservation and Development Commission. Existing law requires 85% of excess trust revenues, as specified, to be transmitted to the Treasurer and deposited in the General Fund. This bill would delete those provisions and instead require that, on and after January 1, 2022, the use of those trust lands, as described, conform to an approved trust lands use plan, prescribed by the bill, and all leases or agreements proposed or entered into by the City of Albany, as trustee of those lands, also be consistent with the public trust doctrine, as defined, and conform to the plan. The bill would require the trustee, on or before September 30, 2022, and on or before September 30 of every succeeding 5th year thereafter, to submit a report to the State Lands Commission. By imposing new duties on a local government with regard to providing for the use and management of those trust lands, the bill would impose a state-mandated local program. Existing law, the Kapiloff Land Bank Act, creates the Land Bank Fund and continuously appropriates money in the fund, subject to a statutory trust, to the State Lands Commission, acting as the Land Bank Trustee, to acquire real property or any interest in real property for the purposes of public trust settlements. The bill would require on June 30, 2021, and at the end of every fiscal year thereafter, that 20% of all gross revenue generated from the City of Albany trust lands be transmitted to the commission and, of this amount transmitted, would require the commission to allocate 80% to the Treasurer for deposit in the General Fund and 20% for deposit in the Land Bank Fund for expenditure by the commission pursuant to the act, thereby making an appropriation. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 211 of the Statutes of 1919, as amended by Chapter 1223 of the Statutes of 1977, is repealed. SEC. 2. (a) For the purposes of this act, the following definitions shall apply: (1) “Act” means Sections 2 to 10, inclusive, of the act enacting this section. (2) “Commission” means the State Lands Commission. (3) “Public trust doctrine” means the common law doctrine, as enunciated by the court in Marks v. Whitney (1971) 6 Cal.3d 251 and National Audubon Society v. Superior Court (1983) 33 Cal.3d 419 and other relevant judicial decisions, specifying the state’s authority as sovereign to exercise a continuous supervision and control over the navigable waters of the state, the lands underlying those waters, and nonnavigable tributaries to navigable waters, including the protection of maritime or water dependent commerce, navigation, and fisheries, and the preservation of lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation. (4) “State” means the State of California. (5) “Trustee” means the City of Albany, a municipal corporation. (6) “Trust lands” means Parcel 1, Parcel 2, and Parcel 3, as described in Section 10 of this act, situated in the County of Alameda. (7) “Trust revenues” means all revenues received from trust lands and trust assets. (8) “Trust lands use plan” or “plan” means the trust lands use plan required to be submitted by the trustee to the commission pursuant to Section 4 of this act. (9) “Trust lands use report” means the report of the trustee’s utilization of the trust lands required to be submitted by the trustee pursuant to Section 5 of this act. (b) There is hereby granted in trust to the City of Albany, and to its successors, all of the rights, title, and interest of the state, held by the state by virtue of its sovereignty, in and to three parcels of land situated in the County of Alameda as described in Section 10 of this act. (c) The Legislature finds and declares that the City of Albany intends that the lands granted in subdivision (b) shall be included as part of McLaughlin Eastshore State Park. SEC. 3. The trust grant specified in subdivision (b) of Section 2 of this act is subject to all of the following express conditions: (a) The trust lands shall be held by the trustee in trust for the benefit of all the people of the state for purposes consistent with the public trust doctrine, including, but not limited to, maritime or water-dependent commerce, navigation, and fisheries, and preservation of the lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation. (b) On and after January 1, 2022, the use of the trust lands shall conform to an approved trust lands use plan, as required by Section 4 of this act. (c) The trustee shall not, at any time, grant, convey, give, or otherwise alienate or hypothecate the trust lands, or any part of the trust lands, to any person, firm, entity, or corporation for any purposes whatsoever. (d) The trustee may lease the trust lands, or any part of the trust lands, for limited periods, not exceeding 49 years, for purposes consistent with the trust upon which those lands are held, as specified in subdivision (a). The trustee may collect and retain rents and other trust revenues from those leases, under rules and regulations adopted in accordance with subdivision (d) of Section 4 of this act, and in accordance with all of the following requirements: (1) On and after January 1, 2022, all leases or agreements proposed or entered into by the trustee shall be consistent with the trust lands use plan approved by the commission, as required by Section 4 of this act. Any leases entered into prior to January 1, 2022, shall be consistent with the public trust doctrine and the terms of subdivision (a). (2) The lease rental rates shall be for a fair annual rent. (3) The lease shall be in the best interest of the state. (e) When managing, conducting, operating, or controlling the trust lands or an improvement, betterment, or structure on the trust lands, the trustee or his or her successor shall not discriminate in rates, tolls, or charges for any use or service in connection with those actions and shall not discriminate against or unlawfully segregate any person or group of persons because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, in accordance with Article 1 (commencing with Section 12940) of Chapter 6 of Part 2.8 of Division 3 of Title 2 of the Government Code and other state antidiscrimination laws, for any use or service in connection with those actions. (f) The state shall have the right to use, without charge, a transportation, landing, or storage improvement, betterment, or structure constructed upon the trust lands for a vessel or other watercraft or railroad owned or operated by, or under contract to, the state. (g) The trust lands are subject to the express reservation and condition that the state may, at any time in the future, use those lands or any portion of those lands for highway purposes without compensation to the trustee or a person, firm, or public or private corporation claiming a right to those lands, except, if improvements have been placed with legal authority upon the property taken by the state for highway purposes, compensation shall be made to the person entitled to the value of the interest in the improvements taken or the damages to that interest. (h) There is reserved to the people of the state the right to fish in the waters over the trust lands, with the right of convenient access to those waters over the trust lands for this purpose. (i) There is excepted and reserved to the state all remains or artifacts of archaeological or historical significance and all deposits of minerals in the trust lands, including, but not limited to, all substances specified in Section 6407 of the Public Resources Code, and the right to prospect for, mine, and remove those deposits from the lands. (j) Prior to entering into a lease, franchise, or agreement concerning the trust lands, the governing body of the trustee shall first adopt a resolution declaring its intention to take that action. The resolution shall describe the lands or improvements that are the subject of the lease, franchise, or agreement in such a manner as to identify them accurately and shall specify the minimum rental or other consideration and the other terms and conditions of the lease, franchise, or agreement. The resolution shall be submitted to the commission prior to entering into a lease, franchise, or agreement. (k) The trustee shall reimburse the commission for all expenses incurred in the administration of this act, including periodic audits or investigations. SEC. 4. (a) On or before January 1, 2022, the trustee shall submit to the commission a trust lands use plan describing any proposed development, preservation, or other use of the trust lands. The trustee shall thereafter submit to the commission for approval all changes or amendments to, or extensions of, the trust lands use plan. The trustee may apply to the commission for, and the commission may approve, reasonable extensions of time to meet this deadline. (b) The commission shall review with reasonable promptness the trust lands use plan submitted by the trustee and any changes or amendments to determine whether they are consistent with the public trust doctrine and the requirements of this act. Based upon its review, the commission shall either approve or disapprove the plan. If the commission disapproves the plan, the commission shall notify the trustee and the trustee shall submit a revised plan to the commission no later than 180 days after the date of notice of disapproval. If the commission determines the revised plan is inconsistent with the public trust doctrine or the requirements of this act, all rights, title, and interest of the trustee in and to the trust lands and improvements on the trust lands shall revert to the state. (c) The trust lands use plan shall consist of a plan, program, or other document that includes all of the following: (1) A general description of the type of uses planned or proposed for the trust lands. The location of these land uses shall be shown on a map or aerial photograph. (2) The projected statewide benefit to be derived from the planned or proposed uses of the trust lands, including, but not limited to, financial benefit. (3) The proposed method of financing the planned or proposed uses of the trust lands, including estimated capital costs, annual operating costs, and anticipated annual trust revenues. (4) An estimated timetable for the implementation of the trust lands use plan or each phase of the plan. (5) A description of how the trustee proposes to protect and preserve natural and manmade resources and facilities located on trust lands and operated in connection with the use of the trust lands, including, but not limited to, addressing impacts from sea level rise. (d) The governing body of the trustee shall also submit to the commission, as part of the trust lands use plan, for its approval procedures, rules, and regulations to govern the use of or development of the trust lands. These rules and regulations shall include, but are not limited to, lease rates, the basis upon which the rates are established, lease terms and conditions, provisions for renegotiation of rates and terms and assignments, and any other information as may be required by the commission. (e) Upon request, the trustee shall submit to the commission a copy of all leases and agreements entered into, renewed, or renegotiated. SEC. 5. (a) On or before September 30, 2022, and on or before September 30 of every succeeding fifth year, the trustee shall submit a report of its utilization of the trust lands for each immediately preceding five-calendar-year period ending with June 30 of the calendar year in which the report is required to be submitted. (b) The report required by this section shall include all of the following: (1) A general description of the uses to which the trust lands have been placed during the period covered by the report. (2) A list of the holders of leases or permits that have been granted or issued by the trustee. The list shall specify all of the following, as to each holder: (A) The use to which the trust lands have been placed by the owner or holder. (B) The consideration provided for in each lease or permit and the consideration actually received by the trustee for the lease or permit granted or issued. (C) An enumeration of the restrictions that the trustee has placed on the use of the trust lands, and each area of the trust lands, for the period covered by the report. (c) A report shall not be required if the utilization of the trust lands within the immediately preceding five-calendar-year period is identical to the utilization of the trust lands as stated in a previously submitted report. If a new report is not submitted, the trustee shall submit a letter to the commission stating that its utilization of the trust lands has not changed during the immediately preceding five-calendar-year period. The letter required in this section shall also include the name and date of the utilization report that contains the applicable uses of the trust lands. SEC. 6. (a) The trustee shall demonstrate good faith in carrying out the provisions of its trust lands use plan and amending it when necessary in accordance with subdivision (a) of Section 4 of this act. (b) If the commission determines that the trustee has substantially failed to improve, restore, preserve, or maintain the trust lands, as required by the trust lands use plan, or has unreasonably delayed implementation of the trust lands use plan, all rights, title, and interest of the trustee in and to the trust lands and improvements on the trust lands shall revert to the state. SEC. 7. (a) (1) The trustee shall establish and maintain accounting procedures, in accordance with generally accepted accounting principles, providing accurate records of all revenues received from the trust lands and trust assets and of all expenditures of those revenues. (2) All trust revenues received from trust lands and trust assets shall be expended only for those uses and purposes consistent with this act. The trustee shall provide for the segregation of the revenues derived from the use of the trust lands by the trustee from other city municipal funds, so as to ensure that trust revenues are only expended to enhance or maintain the trust lands in accordance with the uses and purposes for which the trust lands are held. (3) Trust revenues may be expended to acquire appropriate upland properties to benefit and enhance the trust, subject to a determination by the commission that this acquisition is consistent with this act and in the best interests of the state. Property acquired with these trust revenues shall be considered an asset of the trust and subject to the terms and conditions of this act. (b) The trustee shall comply with Section 6306 of the Public Resources Code. (c) (1) Before expending trust revenues for any single capital improvement on the trust lands involving an amount in excess of two hundred fifty thousand dollars ($250,000) in the aggregate, the trustee shall file with the commission a detailed description of the capital improvement not less than 120 days prior to the time of any disbursement of trust revenues for, or in connection with, that capital improvement. (2) Within 120 days after the time of a filing specified in paragraph (1), the commission shall determine whether the capital improvement is in the statewide interest and benefit and, if the filing is made on or before December 1, 2021, whether it is consistent with subdivision (a) of Section 3 of this act or, if the filing is made on or after January 1, 2022, whether it is consistent with the trust lands use plan. The commission may request the opinion of the Attorney General on the matter, and if the commission makes this request, the Attorney General shall deliver a copy of the opinion to the trustee with the notice of its determination. (3) If the commission notifies the trustee that the capital improvement is not authorized, the trustee shall not disburse any trust revenues for, or in connection with, the capital improvement, unless it is determined to be authorized by a final order or judgment of a court of competent jurisdiction. (4) The trustee may bring suit against the state to secure an order or judgment for purposes of paragraph (3). The suit shall have priority over all other civil matters. Service shall be made upon the executive officer of the commission and the Attorney General, and the Attorney General shall defend the state in that suit. If judgment is given against the state in the suit, no costs may be recovered. (d) On June 30, 2021, and at the end of every fiscal year thereafter, 20 percent of all gross revenue generated from the trust lands shall be transmitted to the commission. Of this amount transmitted, the commission shall allocate 80 percent to the Treasurer for deposit in the General Fund and 20 percent to the Treasurer for deposit in the Land Bank Fund, created pursuant to Section 8610 of the Public Resources Code, for expenditure pursuant to the Kapiloff Land Bank Act (Division 7 (commencing with Section 8600) of the Public Resources Code) for management of the commission’s granted lands program. (e) The commission may, from time to time, institute a formal inquiry to determine that the terms and conditions of this act, and amendments to this act, have been complied with and that all other applicable provisions of law concerning the trust lands are being complied with in good faith. (f) The commission shall approve in advance of expenditure any reimbursement for expenditures of nontrust revenues for improvements made to the trust or, if not approved, those expenditures shall be deemed a gift to the trust. SEC. 8. (a) If the commission finds that the trustee has violated or is about to violate the terms of its trust grant or any other principle of law relating to its obligation under the public trust doctrine or under this act, the commission shall notify the trustee of the violation. (b) The trustee shall have 30 days from the receipt of a notice of violation to conform to the terms of its grant and the principles of law under the public trust doctrine. If the trustee fails or refuses to take those actions, the commission may bring an action to enforce the rights of the state and people as settlor beneficiary of the public trust doctrine. (c) The Attorney General shall represent the state in all actions or proceedings taken pursuant to this section. If the judgment is given against the state in the action or proceeding, no costs shall be recovered from the state and people. SEC. 9. The requirements of Section 6359 of the Public Resources Code do not apply to the trust lands granted pursuant to this act. SEC. 10. The trust lands granted in Section 3 are three parcels of tide and submerged lands situated in and adjacent to the bed of San Francisco Bay, Alameda County, State of California, more particularly described as follows: PARCEL 1 COMMENCING at point “A” as shown on the Map of the Grant to the City of Albany, recorded July 24, 1963, in Book 43 of Maps, page 12A, Alameda County Records, said point “A” having California Zone 2 coordinates of x = 1,469,703.82 feet and y = 511,851.40 feet, thence along the northerly boundary of said Grant S 74° 21’ 53” E, 2573.92 feet to point “B” as shown on said map and being the TRUE POINT OF BEGINNING, thence continuing along the boundary of said grant the following ten courses: (1) N 01° 08’ 07” E, 661.08 feet; (2) S 88° 51’ 53” E, 661.58 feet; (3) N 01° 08’ 07” E, 876.29 feet; (4) N 75° 19’ 34” E, 1636.95 feet; (5) S 88° 51’ 53” E, 409.57 feet; (6) S 01° 08’ 07” W, 1321.66 feet; (7) N 88° 51’ 53” W, 661.05 feet; (8) S 01° 08’ 07” W, 1322.17 feet; (9) N 88° 51’ 53” W, 1550.05 feet; (10) S 32° 12’ 53” E, 1582.80 feet; thence N 88° 51’ 53” W, 1305.22 feet; thence N 01° 08’ 07” E, 1983.26 feet to the True Point of Beginning. Coordinates, bearings, and distances used in the above description are based on the California Coordinate System, Zone 2. PARCEL 2 BEGINNING at Point “J” as shown on said Map of Grant to the City of Albany, recorded July 24, 1963, said point “J” having California Zone 2 coordinates of x = 1,474,154.14 feet and y = 510,458.00 feet, thence along the boundary of said grant the following two courses: (1) N 88° 51’ 53” W, 1550.05 feet; (2) S 32° 12’ 53” E, 1582.80 feet; thence N 28° 20’ 17” E, 1487.26 feet to the point of beginning. Coordinates, bearings, and distances used in the above description are based on the California Coordinate System, Zone 2. PARCEL 3 All of that certain parcel of land described as Parcel 1 in deed to the City of Albany, recorded January 15, 1942, in Liber 4159, page 296, Alameda County Records. SEC. 11. 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 are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 2220.05 of the Business and Professions Code is amended to read: 2220.05. (a) In order to ensure that its resources are maximized for the protection of the public, the Medical Board of California shall prioritize its investigative and prosecutorial resources to ensure that physicians and surgeons representing the greatest threat of harm are identified and disciplined expeditiously. Cases involving any of the following allegations shall be handled on a priority basis, as follows, with the highest priority being given to cases in the first paragraph: (1) Gross negligence, incompetence, or repeated negligent acts that involve death or serious bodily injury to one or more patients, such that the physician and surgeon represents a danger to the public. (2) Drug or alcohol abuse by a physician and surgeon involving death or serious bodily injury to a patient. (3) Repeated acts of clearly excessive prescribing, furnishing, or administering of controlled substances, or repeated acts of prescribing, dispensing, or furnishing of controlled substances without a good faith prior examination of the patient and medical reason therefor. However, in no event shall a physician and surgeon prescribing, furnishing, or administering controlled substances for intractable pain consistent with lawful prescribing, including, but not limited to, Sections 725, 2241.5, and 2241.6 of this code and Sections 11159.2 and 124961 of the Health and Safety Code, be prosecuted for excessive prescribing and prompt review of the applicability of these provisions shall be made in any complaint that may implicate these provisions. (4) Repeated acts of clearly excessive recommending of cannabis to patients for medical purposes, or repeated acts of recommending cannabis to patients for medical purposes without a good faith prior examination of the patient and a medical reason for the recommendation. (5) Sexual misconduct with one or more patients during a course of treatment or an examination. (6) Practicing medicine while under the influence of drugs or alcohol. (7) Repeated acts of clearly excessive prescribing, furnishing, or administering psychotropic medications to a minor without a good faith prior examination of the patient and medical reason therefor. (b) The board may by regulation prioritize cases involving an allegation of conduct that is not described in subdivision (a). Those cases prioritized by regulation shall not be assigned a priority equal to or higher than the priorities established in subdivision (a). (c) The Medical Board of California shall indicate in its annual report mandated by Section 2312 the number of temporary restraining orders, interim suspension orders, and disciplinary actions that are taken in each priority category specified in subdivisions (a) and (b). SEC. 2. Section 2245 is added to the Business and Professions Code, to read: 2245. (a) The Medical Board of California on a quarterly basis shall review the data provided pursuant to Section 14028 of the Welfare and Institutions Code by the State Department of Health Care Services and the State Department of Social Services in order to determine if any potential violations of law or excessive prescribing of psychotropic medications inconsistent with the standard of care exist and, if warranted, shall conduct an investigation. (b) The State Department of Health Care Services shall disseminate the treatment guidelines on an annual basis through its existing communications with Medi-Cal providers, such as the department’s Internet Web site or provider bulletins. (c) If, after an investigation, the Medical Board of California concludes that there was a violation of law, the board shall take disciplinary action, as appropriate, as authorized by Section 2227. (d) If, after an investigation, the Medical Board of California concludes that there was excessive prescribing of psychotropic medications inconsistent with the standard of care, the board shall take action, as appropriate, as authorized by Section 2227. (e) (1) Notwithstanding Section 10231.5 of the Government Code, commencing July 1, 2017, the Medical Board of California shall report annually to the Legislature, the State Department of Health Care Services, and the State Department of Social Services the results of the analysis of data described in Section 14028 of the Welfare and Institutions Code. (2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (f) On or before January 1, 2022, and in conjunction with the consultation with the State Department of Social Services and the State Department of Health Care Services required by subdivision (a) of Section 14028 of the Welfare and Institutions Code, the Medical Board of California shall conduct an internal review of its data review, investigative, and disciplinary activities undertaken pursuant to this section for the purpose of determining the efficacy of those activities and shall revise its procedures relating to those activities, if determined to be necessary. (g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. SEC. 3. Section 14028 is added to the Welfare and Institutions Code, to read: 14028. (a) (1) In order to ensure appropriate oversight of psychotropic medications prescribed for children, pursuant to Section 2245 of the Business and Professions Code, the department and the State Department of Social Services, pursuant to a data-sharing agreement that shall meet the requirements of all applicable state and federal laws and regulations, shall provide the Medical Board of California with information regarding Medi-Cal physicians and their prescribing patterns of psychotropic medications and related services for individuals described in subparagraphs (B) and (C) of paragraph (1) of subdivision (c). The data concerning psychotropic medications and related services shall be drawn from existing data sources maintained by the departments. Every five years, the Medical Board of California, the department, and the State Department of Social Services shall consult and revise the methodology, if determined to be necessary. (2) At minimum, the department, on an annual basis, shall share with the Medical Board of California data, including, but not limited to, pharmacy claims data for all foster children who are or have been on three or more psychotropic medications for 90 days or more. Prior to the release of this data, personal identifiers such as name, date of birth, address, and social security number shall be removed and a unique identifier shall be submitted. For each foster child who falls into these categories, the department shall submit the following information to the board: (A) A list of the psychotropic medications prescribed. (B) The start and stop dates, if any, for each psychotropic medication prescribed. (C) The prescriber’s name and contact information. (D) The child’s or adolescent’s year of birth. (E) Any other information that is deidentified and necessary to the Medical Board of California to allow the board to exercise its statutory authority as an oversight entity. (F) The unit and quantity of the medication and the number of days’ supply of the medication. (b) The Medical Board of California shall contract for consulting services from, if available, a psychiatrist who has expertise and specializes in pediatric care for the purpose of reviewing the data provided to the board pursuant to subdivision (a). The consultant shall consider the treatment guidelines published by the department and the State Department of Social Services when assessing prescribing patterns. (c) The Medical Board of California, pursuant to subdivision (a), shall analyze prescribing patterns by population for both of the following: (1) Children adjudged as dependent children under Section 300 and placed in foster care. (2) A minor adjudged a ward of the court under Section 601 or 602 who has been removed from the physical custody of the parent and placed into foster care. (d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.

Existing law, the Medical Practice Act, among other things provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Under existing law, the board’s responsibilities include enforcement of the disciplinary and criminal provisions of the act. Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including early and periodic screening, diagnosis, and treatment for any individual under 21 years of age. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law establishes a statewide system of child welfare services, administered by the State Department of Social Services, with the intent that all children are entitled to be safe and free from abuse and neglect. This bill would, until January 1, 2027, require the State Department of Health Care Services and the State Department of Social Services, pursuant to a specified data-sharing agreement, to provide the Medical Board of California with information regarding Medi-Cal physicians and their prescribing patterns of psychotropic medications and related services for specified children and minors placed in foster care using data provided by the State Department of Health Care Services and the State Department of Social Services, as prescribed. The bill would require that the data concerning psychotropic medications and related services be drawn from existing data sources maintained by the departments and shared pursuant to a data-sharing agreement and would require that, every 5 years, the board, the State Department of Health Care Services, and the State Department of Social Services consult and revise the methodology, if determined to be necessary. The bill would require the board to contract for consulting services from, if available, a psychiatrist who has expertise and specializes in pediatric care for the purpose of reviewing the data provided to the board. Commencing July 1, 2017, the bill would require the board to report annually to the Legislature, the State Department of Health Care Services, and the State Department of Social Services the results of the analysis of the data. The bill would, until January 1, 2027, require the board to review the data in order to determine if any potential violations of law or excessive prescribing of psychotropic medications inconsistent with the standard of care exist and conduct an investigation, if warranted, and would require the board to take disciplinary action, as specified. The bill would require the board, on or before January 1, 2022, to conduct an internal review of those activities and to revise procedures relating to those activities, if determined to be necessary. The bill would require the State Department of Health Care Services to disseminate treatment guidelines on an annual basis through its existing communications with Medi-Cal providers, as specified. The bill would require the board to handle on a priority basis investigations of repeated acts of excessive prescribing, furnishing, or administering psychotropic medications to a minor, as specified.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 2220.05 of the Business and Professions Code is amended to read: 2220.05. (a) In order to ensure that its resources are maximized for the protection of the public, the Medical Board of California shall prioritize its investigative and prosecutorial resources to ensure that physicians and surgeons representing the greatest threat of harm are identified and disciplined expeditiously. Cases involving any of the following allegations shall be handled on a priority basis, as follows, with the highest priority being given to cases in the first paragraph: (1) Gross negligence, incompetence, or repeated negligent acts that involve death or serious bodily injury to one or more patients, such that the physician and surgeon represents a danger to the public. (2) Drug or alcohol abuse by a physician and surgeon involving death or serious bodily injury to a patient. (3) Repeated acts of clearly excessive prescribing, furnishing, or administering of controlled substances, or repeated acts of prescribing, dispensing, or furnishing of controlled substances without a good faith prior examination of the patient and medical reason therefor. However, in no event shall a physician and surgeon prescribing, furnishing, or administering controlled substances for intractable pain consistent with lawful prescribing, including, but not limited to, Sections 725, 2241.5, and 2241.6 of this code and Sections 11159.2 and 124961 of the Health and Safety Code, be prosecuted for excessive prescribing and prompt review of the applicability of these provisions shall be made in any complaint that may implicate these provisions. (4) Repeated acts of clearly excessive recommending of cannabis to patients for medical purposes, or repeated acts of recommending cannabis to patients for medical purposes without a good faith prior examination of the patient and a medical reason for the recommendation. (5) Sexual misconduct with one or more patients during a course of treatment or an examination. (6) Practicing medicine while under the influence of drugs or alcohol. (7) Repeated acts of clearly excessive prescribing, furnishing, or administering psychotropic medications to a minor without a good faith prior examination of the patient and medical reason therefor. (b) The board may by regulation prioritize cases involving an allegation of conduct that is not described in subdivision (a). Those cases prioritized by regulation shall not be assigned a priority equal to or higher than the priorities established in subdivision (a). (c) The Medical Board of California shall indicate in its annual report mandated by Section 2312 the number of temporary restraining orders, interim suspension orders, and disciplinary actions that are taken in each priority category specified in subdivisions (a) and (b). SEC. 2. Section 2245 is added to the Business and Professions Code, to read: 2245. (a) The Medical Board of California on a quarterly basis shall review the data provided pursuant to Section 14028 of the Welfare and Institutions Code by the State Department of Health Care Services and the State Department of Social Services in order to determine if any potential violations of law or excessive prescribing of psychotropic medications inconsistent with the standard of care exist and, if warranted, shall conduct an investigation. (b) The State Department of Health Care Services shall disseminate the treatment guidelines on an annual basis through its existing communications with Medi-Cal providers, such as the department’s Internet Web site or provider bulletins. (c) If, after an investigation, the Medical Board of California concludes that there was a violation of law, the board shall take disciplinary action, as appropriate, as authorized by Section 2227. (d) If, after an investigation, the Medical Board of California concludes that there was excessive prescribing of psychotropic medications inconsistent with the standard of care, the board shall take action, as appropriate, as authorized by Section 2227. (e) (1) Notwithstanding Section 10231.5 of the Government Code, commencing July 1, 2017, the Medical Board of California shall report annually to the Legislature, the State Department of Health Care Services, and the State Department of Social Services the results of the analysis of data described in Section 14028 of the Welfare and Institutions Code. (2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (f) On or before January 1, 2022, and in conjunction with the consultation with the State Department of Social Services and the State Department of Health Care Services required by subdivision (a) of Section 14028 of the Welfare and Institutions Code, the Medical Board of California shall conduct an internal review of its data review, investigative, and disciplinary activities undertaken pursuant to this section for the purpose of determining the efficacy of those activities and shall revise its procedures relating to those activities, if determined to be necessary. (g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. SEC. 3. Section 14028 is added to the Welfare and Institutions Code, to read: 14028. (a) (1) In order to ensure appropriate oversight of psychotropic medications prescribed for children, pursuant to Section 2245 of the Business and Professions Code, the department and the State Department of Social Services, pursuant to a data-sharing agreement that shall meet the requirements of all applicable state and federal laws and regulations, shall provide the Medical Board of California with information regarding Medi-Cal physicians and their prescribing patterns of psychotropic medications and related services for individuals described in subparagraphs (B) and (C) of paragraph (1) of subdivision (c). The data concerning psychotropic medications and related services shall be drawn from existing data sources maintained by the departments. Every five years, the Medical Board of California, the department, and the State Department of Social Services shall consult and revise the methodology, if determined to be necessary. (2) At minimum, the department, on an annual basis, shall share with the Medical Board of California data, including, but not limited to, pharmacy claims data for all foster children who are or have been on three or more psychotropic medications for 90 days or more. Prior to the release of this data, personal identifiers such as name, date of birth, address, and social security number shall be removed and a unique identifier shall be submitted. For each foster child who falls into these categories, the department shall submit the following information to the board: (A) A list of the psychotropic medications prescribed. (B) The start and stop dates, if any, for each psychotropic medication prescribed. (C) The prescriber’s name and contact information. (D) The child’s or adolescent’s year of birth. (E) Any other information that is deidentified and necessary to the Medical Board of California to allow the board to exercise its statutory authority as an oversight entity. (F) The unit and quantity of the medication and the number of days’ supply of the medication. (b) The Medical Board of California shall contract for consulting services from, if available, a psychiatrist who has expertise and specializes in pediatric care for the purpose of reviewing the data provided to the board pursuant to subdivision (a). The consultant shall consider the treatment guidelines published by the department and the State Department of Social Services when assessing prescribing patterns. (c) The Medical Board of California, pursuant to subdivision (a), shall analyze prescribing patterns by population for both of the following: (1) Children adjudged as dependent children under Section 300 and placed in foster care. (2) A minor adjudged a ward of the court under Section 601 or 602 who has been removed from the physical custody of the parent and placed into foster care. (d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. ### Summary: This bill would amend the Business and Professions Code to require the Medical Board of California to prioritize its investigative and prosecutorial resources to ensure that physicians and surgeons representing the

The people of the State of California do enact as follows: SECTION 1. Section 4603.2 of the Labor Code is amended to read: 4603.2. (a) (1) Upon selecting a physician pursuant to Section 4600, the employee or physician shall notify the employer of the name and address, including the name of the medical group, if applicable, of the physician. The physician shall submit a report to the employer within five working days from the date of the initial examination, as required by Section 6409, and shall submit periodic reports at intervals that may be prescribed by rules and regulations adopted by the administrative director. (2) If the employer objects to the employee’s selection of the physician on the grounds that the physician is not within the medical provider network used by the employer, and there is a final determination that the employee was entitled to select the physician pursuant to Section 4600, the employee shall be entitled to continue treatment with that physician at the employer’s expense in accordance with this division, notwithstanding Section 4616.2. The employer shall be required to pay from the date of the initial examination if the physician’s report was submitted within five working days of the initial examination. If the physician’s report was submitted more than five working days after the initial examination, the employer and the employee shall not be required to pay for any services prior to the date the physician’s report was submitted. (3) If the employer objects to the employee’s selection of the physician on the grounds that the physician is not within the medical provider network used by the employer, and there is a final determination that the employee was not entitled to select a physician outside of the medical provider network, the employer shall have no liability for treatment provided by or at the direction of that physician or for any consequences of the treatment obtained outside the network. (b) (1) (A) A provider of services provided pursuant to Section 4600, including, but not limited to, physicians, hospitals, pharmacies, interpreters, copy services, transportation services, and home health care services, shall submit its request for payment with an itemization of services provided and the charge for each service, a copy of all reports showing the services performed, the prescription or referral from the primary treating physician if the services were performed by a person other than the primary treating physician, and any evidence of authorization for the services that may have been received. This section does not prohibit an employer, insurer, or third-party claims administrator from establishing, through written agreement, an alternative manual or electronic request for payment with providers for services provided pursuant to Section 4600. (B) Effective for services provided on or after January 1, 2017, the request for payment with an itemization of services provided and the charge for each service shall be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The administrative director shall adopt rules to implement the 12-month limitation period. The rules shall define circumstances that constitute good cause for an exception to the 12-month period, including provisions to address the circumstances of a nonoccupational injury or illness later found to be a compensable injury or illness. The request for payment is barred unless timely submitted. (C) Notwithstanding the requirements of this paragraph, a copy of the prescription shall not be required with a request for payment for pharmacy services, unless the provider of services has entered into a written agreement, as provided in this paragraph, that requires a copy of a prescription for a pharmacy service. (D) This section does not preclude an employer, insurer, pharmacy benefits manager, or third-party claims administrator from requesting a copy of the prescription during a review of any records of prescription drugs that were dispensed by a pharmacy. (2) Except as provided in subdivision (d) of Section 4603.4, or under contracts authorized under Section 5307.11, payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made at reasonable maximum amounts in the official medical fee schedule, pursuant to Section 5307.1, in effect on the date of service. Payments shall be made by the employer with an explanation of review pursuant to Section 4603.3 within 45 days after receipt of each separate, itemization of medical services provided, together with any required reports and any written authorization for services that may have been received by the physician. If the itemization or a portion thereof is contested, denied, or considered incomplete, the physician shall be notified, in the explanation of review, that the itemization is contested, denied, or considered incomplete, within 30 days after receipt of the itemization by the employer. An explanation of review that states an itemization is incomplete shall also state all additional information required to make a decision. A properly documented list of services provided and not paid at the rates then in effect under Section 5307.1 within the 45-day period shall be paid at the rates then in effect and increased by 15 percent, together with interest at the same rate as judgments in civil actions retroactive to the date of receipt of the itemization, unless the employer does both of the following: (A) Pays the provider at the rates in effect within the 45-day period. (B) Advises, in an explanation of review pursuant to Section 4603.3, the physician, or another provider of the items being contested, the reasons for contesting these items, and the remedies available to the physician or the other provider if he or she disagrees. In the case of an itemization that includes services provided by a hospital, outpatient surgery center, or independent diagnostic facility, advice that a request has been made for an audit of the itemization shall satisfy the requirements of this paragraph. An employer’s liability to a physician or another provider under this section for delayed payments shall not affect its liability to an employee under Section 5814 or any other provision of this division. (3) Notwithstanding paragraph (1), if the employer is a governmental entity, payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made within 60 days after receipt of each separate itemization, together with any required reports and any written authorization for services that may have been received by the physician. (4) Duplicate submissions of medical services itemizations, for which an explanation of review was previously provided, shall require no further or additional notification or objection by the employer to the medical provider and shall not subject the employer to any additional penalties or interest pursuant to this section for failing to respond to the duplicate submission. This paragraph shall apply only to duplicate submissions and does not apply to any other penalties or interest that may be applicable to the original submission. (c) Interest or an increase in compensation paid by an insurer pursuant to this section shall be treated in the same manner as an increase in compensation under subdivision (d) of Section 4650 for the purposes of any classification of risks and premium rates, and any system of merit rating approved or issued pursuant to Article 2 (commencing with Section 11730) of Chapter 3 of Part 3 of Division 2 of the Insurance Code. (d) (1) Whenever an employer or insurer employs an individual or contracts with an entity to conduct a review of an itemization submitted by a physician or medical provider, the employer or insurer shall make available to that individual or entity all documentation submitted together with that itemization by the physician or medical provider. When an individual or entity conducting an itemization review determines that additional information or documentation is necessary to review the itemization, the individual or entity shall contact the claims administrator or insurer to obtain the necessary information or documentation that was submitted by the physician or medical provider pursuant to subdivision (b). (2) An individual or entity reviewing an itemization of service submitted by a physician or medical provider shall not alter the procedure codes listed or recommend reduction of the amount of the payment unless the documentation submitted by the physician or medical provider with the itemization of service has been reviewed by that individual or entity. If the reviewer does not recommend payment for services as itemized by the physician or medical provider, the explanation of review shall provide the physician or medical provider with a specific explanation as to why the reviewer altered the procedure code or changed other parts of the itemization and the specific deficiency in the itemization or documentation that caused the reviewer to conclude that the altered procedure code or amount recommended for payment more accurately represents the service performed. (e) (1) If the provider disputes the amount paid, the provider may request a second review within 90 days of service of the explanation of review or an order of the appeals board resolving the threshold issue as stated in the explanation of review pursuant to paragraph (5) of subdivision (a) of Section 4603.3. The request for a second review shall be submitted to the employer on a form prescribed by the administrative director and shall include all of the following: (A) The date of the explanation of review and the claim number or other unique identifying number provided on the explanation of review. (B) The item and amount in dispute. (C) The additional payment requested and the reason therefor. (D) The additional information provided in response to a request in the first explanation of review or any other additional information provided in support of the additional payment requested. (2) If the only dispute is the amount of payment and the provider does not request a second review within 90 days, the bill shall be deemed satisfied and neither the employer nor the employee shall be liable for any further payment. (3) Within 14 days of a request for second review, the employer shall respond with a final written determination on each of the items or amounts in dispute. Payment of any balance not in dispute shall be made within 21 days of receipt of the request for second review. This time limit may be extended by mutual written agreement. (4) If the provider contests the amount paid, after receipt of the second review, the provider shall request an independent bill review as provided for in Section 4603.6. (f) Except as provided in paragraph (4) of subdivision (e), the appeals board shall have jurisdiction over disputes arising out of this subdivision pursuant to Section 5304. SEC. 2. Section 4603.4 of the Labor Code is amended to read: 4603.4. (a) The administrative director shall adopt rules and regulations to do all of the following: (1) Ensure that all health care providers and facilities submit medical bills for payment on standardized forms. (2) Require acceptance by employers of electronic claims for payment of medical services. (3) Ensure confidentiality of medical information submitted on electronic claims for payment of medical services. (4) Require the timely submission of paper or electronic bills in conformity with subparagraph (B) of paragraph (1) of subdivision (b) of Section 4603.2. (b) To the extent feasible, standards adopted pursuant to subdivision (a) shall be consistent with existing standards under the federal Health Insurance Portability and Accountability Act of 1996. (c) Require all employers to accept electronic claims for payment of medical services. (d) Payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made with an explanation of review by the employer within 15 working days after electronic receipt of an itemized electronic billing for services at or below the maximum fees provided in the official medical fee schedule adopted pursuant to Section 5307.1. If the billing is contested, denied, or incomplete, payment shall be made with an explanation of review of any uncontested amounts within 15 working days after electronic receipt of the billing, and payment of the balance shall be made in accordance with Section 4603.2. SEC. 3. Section 4625 of the Labor Code is amended to read: 4625. (a) Effective for services provided on or after January 1, 2017, all bills for medical-legal evaluation or medical-legal expense shall be submitted to the employer within 12 months of the date of service in the manner prescribed by the administrative director. The administrative director shall adopt rules to define circumstances that constitute good cause for an exception to the 12-month period. Bills for medical-legal charges are barred unless timely submitted. (b) Notwithstanding subdivision (d) of Section 4628, all charges for medical-legal expenses for which the employer is liable that are not in excess of those set forth in the official medical-legal fee schedule adopted pursuant to Section 5307.6 shall be paid promptly pursuant to Section 4622. (c) If the employer contests the reasonableness of the charges it has paid, the employer may file a petition with the appeals board to obtain reimbursement of the charges from the physician that are considered to be unreasonable.

Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires the employer to provide medical, surgical, chiropractic, acupuncture, and hospital treatment, as specified, that is reasonably required to cure or relieve the injured worker from the effects of his or her injury. Existing law requires a provider of those services to submit, among other documents, its request for payment with an itemization of services provided and the charge for each service. Existing law also requires the employer to reimburse the employee for his or her medical-legal expenses, as specified. This bill would require, effective for services on or after January 1, 2017, that requests for payment with an itemization of services provided and the charge for each service be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The bill would also require, effective for services provided on or after January 1, 2017, that all bills for medical-legal evaluation or medical-legal expense be submitted to the employer within 12 months of the date of service in the manner prescribed by the administrative director. The bill would provide that requests for payment and bills for medical-legal charges are barred unless timely submitted. The bill would require the administrative director to adopt rules to implement the 12-month limitation period, as specified.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 4603.2 of the Labor Code is amended to read: 4603.2. (a) (1) Upon selecting a physician pursuant to Section 4600, the employee or physician shall notify the employer of the name and address, including the name of the medical group, if applicable, of the physician. The physician shall submit a report to the employer within five working days from the date of the initial examination, as required by Section 6409, and shall submit periodic reports at intervals that may be prescribed by rules and regulations adopted by the administrative director. (2) If the employer objects to the employee’s selection of the physician on the grounds that the physician is not within the medical provider network used by the employer, and there is a final determination that the employee was entitled to select the physician pursuant to Section 4600, the employee shall be entitled to continue treatment with that physician at the employer’s expense in accordance with this division, notwithstanding Section 4616.2. The employer shall be required to pay from the date of the initial examination if the physician’s report was submitted within five working days of the initial examination. If the physician’s report was submitted more than five working days after the initial examination, the employer and the employee shall not be required to pay for any services prior to the date the physician’s report was submitted. (3) If the employer objects to the employee’s selection of the physician on the grounds that the physician is not within the medical provider network used by the employer, and there is a final determination that the employee was not entitled to select a physician outside of the medical provider network, the employer shall have no liability for treatment provided by or at the direction of that physician or for any consequences of the treatment obtained outside the network. (b) (1) (A) A provider of services provided pursuant to Section 4600, including, but not limited to, physicians, hospitals, pharmacies, interpreters, copy services, transportation services, and home health care services, shall submit its request for payment with an itemization of services provided and the charge for each service, a copy of all reports showing the services performed, the prescription or referral from the primary treating physician if the services were performed by a person other than the primary treating physician, and any evidence of authorization for the services that may have been received. This section does not prohibit an employer, insurer, or third-party claims administrator from establishing, through written agreement, an alternative manual or electronic request for payment with providers for services provided pursuant to Section 4600. (B) Effective for services provided on or after January 1, 2017, the request for payment with an itemization of services provided and the charge for each service shall be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The administrative director shall adopt rules to implement the 12-month limitation period. The rules shall define circumstances that constitute good cause for an exception to the 12-month period, including provisions to address the circumstances of a nonoccupational injury or illness later found to be a compensable injury or illness. The request for payment is barred unless timely submitted. (C) Notwithstanding the requirements of this paragraph, a copy of the prescription shall not be required with a request for payment for pharmacy services, unless the provider of services has entered into a written agreement, as provided in this paragraph, that requires a copy of a prescription for a pharmacy service. (D) This section does not preclude an employer, insurer, pharmacy benefits manager, or third-party claims administrator from requesting a copy of the prescription during a review of any records of prescription drugs that were dispensed by a pharmacy. (2) Except as provided in subdivision (d) of Section 4603.4, or under contracts authorized under Section 5307.11, payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made at reasonable maximum amounts in the official medical fee schedule, pursuant to Section 5307.1, in effect on the date of service. Payments shall be made by the employer with an explanation of review pursuant to Section 4603.3 within 45 days after receipt of each separate, itemization of medical services provided, together with any required reports and any written authorization for services that may have been received by the physician. If the itemization or a portion thereof is contested, denied, or considered incomplete, the physician shall be notified, in the explanation of review, that the itemization is contested, denied, or considered incomplete, within 30 days after receipt of the itemization by the employer. An explanation of review that states an itemization is incomplete shall also state all additional information required to make a decision. A properly documented list of services provided and not paid at the rates then in effect under Section 5307.1 within the 45-day period shall be paid at the rates then in effect and increased by 15 percent, together with interest at the same rate as judgments in civil actions retroactive to the date of receipt of the itemization, unless the employer does both of the following: (A) Pays the provider at the rates in effect within the 45-day period. (B) Advises, in an explanation of review pursuant to Section 4603.3, the physician, or another provider of the items being contested, the reasons for contesting these items, and the remedies available to the physician or the other provider if he or she disagrees. In the case of an itemization that includes services provided by a hospital, outpatient surgery center, or independent diagnostic facility, advice that a request has been made for an audit of the itemization shall satisfy the requirements of this paragraph. An employer’s liability to a physician or another provider under this section for delayed payments shall not affect its liability to an employee under Section 5814 or any other provision of this division. (3) Notwithstanding paragraph (1), if the employer is a governmental entity, payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made within 60 days after receipt of each separate itemization, together with any required reports and any written authorization for services that may have been received by the physician. (4) Duplicate submissions of medical services itemizations, for which an explanation of review was previously provided, shall require no further or additional notification or objection by the employer to the medical provider and shall not subject the employer to any additional penalties or interest pursuant to this section for failing to respond to the duplicate submission. This paragraph shall apply only to duplicate submissions and does not apply to any other penalties or interest that may be applicable to the original submission. (c) Interest or an increase in compensation paid by an insurer pursuant to this section shall be treated in the same manner as an increase in compensation under subdivision (d) of Section 4650 for the purposes of any classification of risks and premium rates, and any system of merit rating approved or issued pursuant to Article 2 (commencing with Section 11730) of Chapter 3 of Part 3 of Division 2 of the Insurance Code. (d) (1) Whenever an employer or insurer employs an individual or contracts with an entity to conduct a review of an itemization submitted by a physician or medical provider, the employer or insurer shall make available to that individual or entity all documentation submitted together with that itemization by the physician or medical provider. When an individual or entity conducting an itemization review determines that additional information or documentation is necessary to review the itemization, the individual or entity shall contact the claims administrator or insurer to obtain the necessary information or documentation that was submitted by the physician or medical provider pursuant to subdivision (b). (2) An individual or entity reviewing an itemization of service submitted by a physician or medical provider shall not alter the procedure codes listed or recommend reduction of the amount of the payment unless the documentation submitted by the physician or medical provider with the itemization of service has been reviewed by that individual or entity. If the reviewer does not recommend payment for services as itemized by the physician or medical provider, the explanation of review shall provide the physician or medical provider with a specific explanation as to why the reviewer altered the procedure code or changed other parts of the itemization and the specific deficiency in the itemization or documentation that caused the reviewer to conclude that the altered procedure code or amount recommended for payment more accurately represents the service performed. (e) (1) If the provider disputes the amount paid, the provider may request a second review within 90 days of service of the explanation of review or an order of the appeals board resolving the threshold issue as stated in the explanation of review pursuant to paragraph (5) of subdivision (a) of Section 4603.3. The request for a second review shall be submitted to the employer on a form prescribed by the administrative director and shall include all of the following: (A) The date of the explanation of review and the claim number or other unique identifying number provided on the explanation of review. (B) The item and amount in dispute. (C) The additional payment requested and the reason therefor. (D) The additional information provided in response to a request in the first explanation of review or any other additional information provided in support of the additional payment requested. (2) If the only dispute is the amount of payment and the provider does not request a second review within 90 days, the bill shall be deemed satisfied and neither the employer nor the employee shall be liable for any further payment. (3) Within 14 days of a request for second review, the employer shall respond with a final written determination on each of the items or amounts in dispute. Payment of any balance not in dispute shall be made within 21 days of receipt of the request for second review. This time limit may be extended by mutual written agreement. (4) If the provider contests the amount paid, after receipt of the second review, the provider shall request an independent bill review as provided for in Section 4603.6. (f) Except as provided in paragraph (4) of subdivision (e), the appeals board shall have jurisdiction over disputes arising out of this subdivision pursuant to Section 5304. SEC. 2. Section 4603.4 of the Labor Code is amended to read: 4603.4. (a) The administrative director shall adopt rules and regulations to do all of the following: (1) Ensure that all health care providers and facilities submit medical bills for payment on standardized forms. (2) Require acceptance by employers of electronic claims for payment of medical services. (3) Ensure confidentiality of medical information submitted on electronic claims for payment of medical services. (4) Require the timely submission of paper or electronic bills in conformity with subparagraph (B) of paragraph (1) of subdivision (b) of Section 4603.2. (b) To the extent feasible, standards adopted pursuant to subdivision (a) shall be consistent with existing standards under the federal Health Insurance Portability and Accountability Act of 1996. (c) Require all employers to accept electronic claims for payment of medical services. (d) Payment for medical treatment provided or prescribed by the treating physician selected by the employee or designated by the employer shall be made with an explanation of review by the employer within 15 working days after electronic receipt of an itemized electronic billing for services at or below the maximum fees provided in the official medical fee schedule adopted pursuant to Section 5307.1. If the billing is contested, denied, or incomplete, payment shall be made with an explanation of review of any uncontested amounts within 15 working days after electronic receipt of the billing, and payment of the balance shall be made in accordance with Section 4603.2. SEC. 3. Section 4625 of the Labor Code is amended to read: 4625. (a) Effective for services provided on or after January 1, 2017, all bills for medical-legal evaluation or medical-legal expense shall be submitted to the employer within 12 months of the date of service in the manner prescribed by the administrative director. The administrative director shall adopt rules to define circumstances that constitute good cause for an exception to the 12-month period. Bills for medical-legal charges are barred unless timely submitted. (b) Notwithstanding subdivision (d) of Section 4628, all charges for medical-legal expenses for which the employer is liable that are not in excess of those set forth in the official medical-legal fee schedule adopted pursuant to Section 5307.6 shall be paid promptly pursuant to Section 4622. (c) If the employer contests the reasonableness of the charges it has paid, the employer may file a petition with the appeals board to obtain reimbursement of the charges from the physician that are considered to be unreasonable. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Article 14 (commencing with Section 2340) is added to Chapter 5 of Division 2 of the Business and Professions Code, to read: Article 14. Physician and Surgeon Health and Wellness Program 2340. (a) The board may establish a Physician and Surgeon Health and Wellness Program for the early identification of, and appropriate interventions to support a physician and surgeon in his or her rehabilitation from, substance abuse to ensure that the physician and surgeon remains able to practice medicine in a manner that will not endanger the public health and safety and that will maintain the integrity of the medical profession. The program, if established, shall aid a physician and surgeon with substance abuse issues impacting his or her ability to practice medicine. (b) For the purposes of this article, “program” shall mean the Physician and Surgeon Health and Wellness Program. (c) If the board establishes a program, the program shall meet the requirements of this article. 2340.2. If the board establishes a program, the program shall do all of the following: (a) Provide for the education of all licensed physicians and surgeons with respect to the recognition and prevention of physical, emotional, and psychological problems. (b) Offer assistance to a physician and surgeon in identifying substance abuse problems. (c) Evaluate the extent of substance abuse problems and refer the physician and surgeon to the appropriate treatment by executing a written agreement with a physician and surgeon participant. (d) Provide for the confidential participation by a physician and surgeon with substance abuse issues who does not have a restriction on his or her practice related to those substance abuse issues. If an investigation of a physician and surgeon occurs after the physician and surgeon has enrolled in the program, the board may inquire of the program whether the physician and surgeon is enrolled in the program and the program shall respond accordingly. (e) Comply with the Uniform Standards Regarding Substance-Abusing Healing Arts Licensees as adopted by the Substance Abuse Coordination Committee of the department pursuant to Section 315. 2340.4. (a) If the board establishes a program, the board shall contract for the program’s administration with a private third-party independent administering entity pursuant to a request for proposals. The process for procuring the services for the program shall be administered by the board pursuant to Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code. However, Section 10425 of the Public Contract Code shall not apply to this subdivision. (b) The administering entity shall have expertise and experience in the areas of substance or alcohol abuse in healing arts professionals. (c) The administering entity shall identify and use a statewide treatment resource network that includes treatment and screening programs and support groups and shall establish a process for evaluating the effectiveness of those programs. (d) The administering entity shall provide counseling and support for the physician and surgeon and for the family of any physician and surgeon referred for treatment. (e) The administering entity shall make their services available to all licensed California physicians and surgeons, including those who self-refer to the program. (f) The administering entity shall have a system for immediately reporting a physician and surgeon, including, but not limited to, a physician and surgeon who withdraws or is terminated from the program, to the board. This system shall ensure absolute confidentiality in the communication to the board. The administering entity shall not provide this information to any other individual or entity unless authorized by the participating physician and surgeon or this article. (g) The contract entered into pursuant to this section shall also require the administering entity to do the following: (1) Provide regular communication to the board, including annual reports to the board with program statistics, including, but not limited to, the number of participants currently in the program, the number of participants referred by the board as a condition of probation, the number of participants who have successfully completed their agreement period, and the number of participants terminated from the program. In making reports, the administering entity shall not disclose any personally identifiable information relating to any participant. (2) Submit to periodic audits and inspections of all operations, records, and management related to the program to ensure compliance with the requirements of this article and its implementing rules and regulations. Any audit conducted pursuant to this section shall maintain the confidentiality of all records reviewed and information obtained in the course of conducting the audit and shall not disclose any information identifying a program participant. (h) If the board determines the administering entity is not in compliance with the requirements of the program or contract entered into with the board, the board may terminate the contract. 2340.6. (a) A physician and surgeon shall, as a condition of participation in the program, enter into an individual agreement with the program and agree to pay expenses related to treatment, monitoring, laboratory tests, and other activities specified in the participant’s written agreement. The agreement shall include all of the following: (1) A jointly agreed-upon plan and mandatory conditions and procedures to monitor compliance with the program. (2) Compliance with terms and conditions of treatment and monitoring. (3) Criteria for program completion. (4) Criteria for termination of a physician and surgeon participant from the program. (5) Acknowledgment that withdrawal or termination of a physician and surgeon participant from the program shall be reported to the board. (6) Acknowledgment that expenses related to treatment, monitoring, laboratory tests, and other activities specified by the program shall be paid by the physician and surgeon participant. (b) Any agreement entered into pursuant to this section shall not be considered a disciplinary action or order by the board and shall not be disclosed to the board if both of the following apply: (1) The physician and surgeon did not enroll in the program as a condition of probation or as a result of an action by the board. (2) The physician and surgeon is in compliance with the conditions and procedures in the agreement. (c) Any oral or written information reported to the board shall remain confidential and shall not constitute a waiver of any existing evidentiary privileges. However, confidentiality regarding the physician and surgeon’s participation in the program and related records shall not apply if the board has referred a participant as a condition of probation or as otherwise authorized by this article. (d) Nothing in this section prohibits, requires, or otherwise affects the discovery or admissibility of evidence in an action by the board against a physician and surgeon based on acts or omissions that are alleged to be grounds for discipline. (e) Participation in the program shall not be a defense to any disciplinary action that may be taken by the board. This section does not preclude the board from commencing disciplinary action against a physician and surgeon who is terminated unsuccessfully from the program. However, that disciplinary action shall not include as evidence any confidential information unless authorized by this article. 2340.8. (a) The Physician and Surgeon Health and Wellness Program Account is hereby established within the Contingent Fund of the Medical Board of California. Any fees collected by the board pursuant to subdivision (b) shall be deposited in the Physician and Surgeon Health and Wellness Program Account and shall be available, upon appropriation by the Legislature, for the support of the program. (b) The board shall adopt regulations to determine the appropriate fee that a physician and surgeon participating in the program shall provide to the board. The fee amount adopted by the board shall be set at a level sufficient to cover all costs for participating in the program, including any administrative costs incurred by the board to administer the program. (c) Subject to appropriation by the Legislature, the board may use moneys from the Contingent Fund of the Medical Board of California to support the initial costs for the board to establish the program under this article, except these moneys shall not be used to cover any costs for individual physician and surgeon participation in the program.

Existing law establishes in the Department of Consumer Affairs the Substance Abuse Coordination Committee, comprised of the executive officers of the department’s healing arts boards and a designee of the State Department of Health Care Services. Existing law requires the committee to formulate, by January 1, 2010, uniform and specific standards in specified areas that each healing arts board is required to use in dealing with substance-abusing licensees, whether or not a healing arts board has a formal diversion program. Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California within the Department of Consumer Affairs. Existing law requires all moneys paid to and received by the Medical Board of California to be paid into the State Treasury and credited to the Contingent Fund of the Medical Board of California, which, except for fine and penalty money, is a continuously appropriated fund. This bill would authorize the board to establish a Physician and Surgeon Health and Wellness Program for the early identification of, and appropriate interventions to support a physician and surgeon in his or her rehabilitation from, substance abuse, as specified. If the board establishes a program, the bill would require the board to contract for the program’s administration with a private 3rd-party independent administering entity meeting certain requirements. The bill would require program participants to enter into an individual agreement with the program that includes, among other things, a requirement to pay expenses related to treatment, monitoring, and laboratory tests, as provided. This bill would create the Physician and Surgeon Health and Wellness Program Account within the Contingent Fund of the Medical Board of California. The bill would require the board to adopt regulations to determine the appropriate fee for a physician and surgeon to participate in the program, as specified. The bill would require these fees to be deposited in the Physician and Surgeon Health and Wellness Program Account and to be available, upon appropriation by the Legislature, for the support of the program. Subject to appropriation by the Legislature, the bill would authorize the board to use moneys from the Contingent Fund of the Medical Board of California to support the initial costs for the board to establish the program, except the bill would prohibit these moneys from being used to cover any costs for individual physician and surgeon participation in the program.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Article 14 (commencing with Section 2340) is added to Chapter 5 of Division 2 of the Business and Professions Code, to read: Article 14. Physician and Surgeon Health and Wellness Program 2340. (a) The board may establish a Physician and Surgeon Health and Wellness Program for the early identification of, and appropriate interventions to support a physician and surgeon in his or her rehabilitation from, substance abuse to ensure that the physician and surgeon remains able to practice medicine in a manner that will not endanger the public health and safety and that will maintain the integrity of the medical profession. The program, if established, shall aid a physician and surgeon with substance abuse issues impacting his or her ability to practice medicine. (b) For the purposes of this article, “program” shall mean the Physician and Surgeon Health and Wellness Program. (c) If the board establishes a program, the program shall meet the requirements of this article. 2340.2. If the board establishes a program, the program shall do all of the following: (a) Provide for the education of all licensed physicians and surgeons with respect to the recognition and prevention of physical, emotional, and psychological problems. (b) Offer assistance to a physician and surgeon in identifying substance abuse problems. (c) Evaluate the extent of substance abuse problems and refer the physician and surgeon to the appropriate treatment by executing a written agreement with a physician and surgeon participant. (d) Provide for the confidential participation by a physician and surgeon with substance abuse issues who does not have a restriction on his or her practice related to those substance abuse issues. If an investigation of a physician and surgeon occurs after the physician and surgeon has enrolled in the program, the board may inquire of the program whether the physician and surgeon is enrolled in the program and the program shall respond accordingly. (e) Comply with the Uniform Standards Regarding Substance-Abusing Healing Arts Licensees as adopted by the Substance Abuse Coordination Committee of the department pursuant to Section 315. 2340.4. (a) If the board establishes a program, the board shall contract for the program’s administration with a private third-party independent administering entity pursuant to a request for proposals. The process for procuring the services for the program shall be administered by the board pursuant to Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code. However, Section 10425 of the Public Contract Code shall not apply to this subdivision. (b) The administering entity shall have expertise and experience in the areas of substance or alcohol abuse in healing arts professionals. (c) The administering entity shall identify and use a statewide treatment resource network that includes treatment and screening programs and support groups and shall establish a process for evaluating the effectiveness of those programs. (d) The administering entity shall provide counseling and support for the physician and surgeon and for the family of any physician and surgeon referred for treatment. (e) The administering entity shall make their services available to all licensed California physicians and surgeons, including those who self-refer to the program. (f) The administering entity shall have a system for immediately reporting a physician and surgeon, including, but not limited to, a physician and surgeon who withdraws or is terminated from the program, to the board. This system shall ensure absolute confidentiality in the communication to the board. The administering entity shall not provide this information to any other individual or entity unless authorized by the participating physician and surgeon or this article. (g) The contract entered into pursuant to this section shall also require the administering entity to do the following: (1) Provide regular communication to the board, including annual reports to the board with program statistics, including, but not limited to, the number of participants currently in the program, the number of participants referred by the board as a condition of probation, the number of participants who have successfully completed their agreement period, and the number of participants terminated from the program. In making reports, the administering entity shall not disclose any personally identifiable information relating to any participant. (2) Submit to periodic audits and inspections of all operations, records, and management related to the program to ensure compliance with the requirements of this article and its implementing rules and regulations. Any audit conducted pursuant to this section shall maintain the confidentiality of all records reviewed and information obtained in the course of conducting the audit and shall not disclose any information identifying a program participant. (h) If the board determines the administering entity is not in compliance with the requirements of the program or contract entered into with the board, the board may terminate the contract. 2340.6. (a) A physician and surgeon shall, as a condition of participation in the program, enter into an individual agreement with the program and agree to pay expenses related to treatment, monitoring, laboratory tests, and other activities specified in the participant’s written agreement. The agreement shall include all of the following: (1) A jointly agreed-upon plan and mandatory conditions and procedures to monitor compliance with the program. (2) Compliance with terms and conditions of treatment and monitoring. (3) Criteria for program completion. (4) Criteria for termination of a physician and surgeon participant from the program. (5) Acknowledgment that withdrawal or termination of a physician and surgeon participant from the program shall be reported to the board. (6) Acknowledgment that expenses related to treatment, monitoring, laboratory tests, and other activities specified by the program shall be paid by the physician and surgeon participant. (b) Any agreement entered into pursuant to this section shall not be considered a disciplinary action or order by the board and shall not be disclosed to the board if both of the following apply: (1) The physician and surgeon did not enroll in the program as a condition of probation or as a result of an action by the board. (2) The physician and surgeon is in compliance with the conditions and procedures in the agreement. (c) Any oral or written information reported to the board shall remain confidential and shall not constitute a waiver of any existing evidentiary privileges. However, confidentiality regarding the physician and surgeon’s participation in the program and related records shall not apply if the board has referred a participant as a condition of probation or as otherwise authorized by this article. (d) Nothing in this section prohibits, requires, or otherwise affects the discovery or admissibility of evidence in an action by the board against a physician and surgeon based on acts or omissions that are alleged to be grounds for discipline. (e) Participation in the program shall not be a defense to any disciplinary action that may be taken by the board. This section does not preclude the board from commencing disciplinary action against a physician and surgeon who is terminated unsuccessfully from the program. However, that disciplinary action shall not include as evidence any confidential information unless authorized by this article. 2340.8. (a) The Physician and Surgeon Health and Wellness Program Account is hereby established within the Contingent Fund of the Medical Board of California. Any fees collected by the board pursuant to subdivision (b) shall be deposited in the Physician and Surgeon Health and Wellness Program Account and shall be available, upon appropriation by the Legislature, for the support of the program. (b) The board shall adopt regulations to determine the appropriate fee that a physician and surgeon participating in the program shall provide to the board. The fee amount adopted by the board shall be set at a level sufficient to cover all costs for participating in the program, including any administrative costs incurred by the board to administer the program. (c) Subject to appropriation by the Legislature, the board may use moneys from the Contingent Fund of the Medical Board of California to support the initial costs for the board to establish the program under this article, except these moneys shall not be used to cover any costs for individual physician and surgeon participation in the program. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 9002 of the Health and Safety Code is amended to read: 9002. The definitions in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 apply to this part. Further, as used in this part, the following terms have the following meanings: (a) “Active militia” means the active militia as defined by Section 120 of the Military and Veterans Code. (b) “Armed services” means the armed services as defined by Section 18540 of the Government Code. (c) “Board of trustees” means the legislative body of a district. (d) “District” means a public cemetery district created pursuant to this part or any of its statutory predecessors. (e) “Domestic partner” means two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring, and are qualified and registered with the Secretary of State as domestic partners in accordance with Division 2.5 of the Family Code. (f) “Family member” means any spouse, by marriage or otherwise, domestic partner, child or stepchild, by natural birth or adoption, parent, brother, sister, half-brother, half-sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or any person denoted by the prefix “grand” or “great,” or the spouse of any of these persons. (g) “Firefighter” means a firefighter as defined by Section 1797.182. (h) (1) “Interment right” means the rights held by the owner to use or control the use of a plot authorized by this part, for the interment of human remains, including both of the following rights: (A) To determine the number and identity of any person or persons to be interred in the plot within a cemetery in conformance with all applicable regulations adopted by the cemetery district. (B) To control the placement, design, wording, and removal of memorial markers in compliance with all applicable regulations adopted by the cemetery district. (2) An interment right is a transferable property interest, and is governed by Chapter 5.5 (commencing with Section 9069.10). (i) “Nonresident” means a person who does not reside within a district or does not pay property taxes on property located in a district. (j) “Peace officer” means a peace officer as defined by Section 830 of the Penal Code. (k) “Principal county” means the county having all or the greater portion of the entire assessed value, as shown on the last equalized assessment roll of the county or counties, of all taxable property within a district. (l) “Voter” means a voter as defined by Section 359 of the Elections Code. SEC. 2. Chapter 5.5 (commencing with Section 9069.10) is added to Part 4 of Division 8 of the Health and Safety Code, to read: CHAPTER 5.5. Interment Rights 9069.10. An interment right does not include the right for disinterment of human remains except on consent of the cemetery district and the written consent of the surviving spouse, child, parent, or sibling, in that order of priority. 9069.15. (a) This chapter does not apply to, or prohibit, the removal of remains from one plot to another in the same cemetery or the removal of remains by a cemetery district upon the written order of any of the following: (1) The superior court of the county in which the cemetery is located. (2) The coroner having jurisdiction of the location of the cemetery. (3) The health department having jurisdiction of the cemetery. (b) The cemetery district shall maintain a duplicate copy of an order pursuant to subdivision (a). (c) The cemetery district shall retain a true and correct record of a removal of remains pursuant to subdivision (a) that includes all of the following: (1) The date the remains were removed. (2) The name and the age at death of the person whose remains were removed if available. (3) The cemetery and plot from which the remains were removed. (4) (A) If the removed remains are reinterred, the plot number, cemetery name, and location to which the remains were reinterred. (B) If the removed remains are disposed of other than by being reinterred, a record of the alternate disposition. (5) If the removed remains are reinterred at the cemetery, the date of reinterment. (d) The person making the removal shall deliver to the cemetery district operating the cemetery from which the remains were removed a true, full, and complete copy of the record containing all of the information specified in subdivision (c). 9069.20. (a) An interment right provides a transferable property interest to the person listed as the owner in the records of the cemetery district, subject to any written designation to the contrary signed by the owner and deposited with the cemetery district, or to the owner’s successor pursuant to either this section or subdivision (a) of Section 9069.25. An interment right shall not be construed as conferring title to the property burdened by the transferable property interest. (b) The owner of record of an interment right may designate in writing the person or persons, other than the owner of record, who may be interred in the plot to which the owner holds the interment right. (c) The owner of an interment right shall, at the time of purchase, designate a successor owner or owners of the interment right in a signed written designation deposited with the district. (d) Use of an interment right transferred from the owner to a successor pursuant to subdivision (c) shall be made in compliance with applicable provisions of state and local law, and of applicable requirements or policies established by the district board of trustees. 9069.25. (a) If the owner of an interment right dies without making a valid and enforceable disposition of the interment right by a specific devise in a testamentary device, or by a written designation pursuant to subdivision (c) of Section 9069.20, the interment right shall pass according to the laws of intestate succession as set forth in Sections 6400 to 6413, inclusive, of the Probate Code. In the event that the owner has no heirs at law, the district shall follow the abandonment procedures established under Section 9069. (b) A surviving spouse, registered domestic partner, child, parent, or heir who has an interment right pursuant to this section may waive that interment right in favor of any other relative of the deceased owner or spouse of a relative of the deceased owner. 9069.30. When a public cemetery district acts to transfer ownership rights or make an interment on the basis of the affidavit, given under penalty of perjury pursuant to Section 9069.35, the district, and any employee or trustee of the district, shall not be liable for any claims, losses, or damages asserted in any action unless the district had actual knowledge that the facts stated in writing are false. 9069.35. A person who purports to be the successor owner of an interment right shall execute a written affidavit declaring, under penalty of perjury, all of the following: (a) He or she is the person entitled to succeed to the interment right pursuant to Section 9069.20. (b) He or she has exerted all reasonable efforts to find other persons who may have an equal or higher claim to succeed to the interment right. (c) He or she is unaware, to the best of his or her knowledge, of any opposition challenging his or her right to succeed to the interment right. 9069.40. Upon the sale to a person of a plot in a cemetery within a district, the district shall notify the purchaser, in writing, of any interment rights, that this chapter governs the succession of ownership of the interment rights, and the district’s duly adopted policies, rules, and regulations governing the use, sale, or other transfer of interment rights. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Existing law, the Public Cemetery District Law, specifies the procedures for the formation of public cemetery districts, procedures for the selection of the district board of trustees and officers, and the powers and duties of the board. Existing law authorizes a public cemetery district to sell “interment rights,” defined as the right to use or control the use of a plot, niche, or other space in a public cemetery district for interment of human remains. Existing law provides for the succession of an interment plot in a private cemetery. This bill would modify the definition of “interment rights” to, among other things, specify that those rights are a transferable property interest held by the owner to determine, among other things, the number and identity of any person or persons to be interred in the plot within a public cemetery. The bill would require the owner of an interment right, at the time of purchase, to designate a successor owner or owners in a signed written designation deposited with the cemetery district. The bill would provide that the intestate order of succession would apply, if the owner dies without making that written designation or a valid and enforceable disposition of the interment right by a specific devise in a testamentary device. The bill would also require the public cemetery district to follow specified procedures in the event that the owner dies with no heirs at law. The bill also would provide the circumstances and process under which human remains may be disinterred, reinterred, or removed from a public cemetery district after interment, and would specify the records required to be maintained by the public cemetery district and the person removing and relocating the human remains. The bill would require a person who purports to be the successor owner of an interment right to execute a written affidavit, under penalty of perjury, that includes specified information regarding his or her claim of successorship, and would provide that a district or district employee or trustee is not liable for claims, losses, or damages resulting from transferring an interment right in reliance on that affidavit, except as provided. By expanding the scope of the crime of perjury and imposing new duties on public cemetery districts, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 9002 of the Health and Safety Code is amended to read: 9002. The definitions in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 apply to this part. Further, as used in this part, the following terms have the following meanings: (a) “Active militia” means the active militia as defined by Section 120 of the Military and Veterans Code. (b) “Armed services” means the armed services as defined by Section 18540 of the Government Code. (c) “Board of trustees” means the legislative body of a district. (d) “District” means a public cemetery district created pursuant to this part or any of its statutory predecessors. (e) “Domestic partner” means two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring, and are qualified and registered with the Secretary of State as domestic partners in accordance with Division 2.5 of the Family Code. (f) “Family member” means any spouse, by marriage or otherwise, domestic partner, child or stepchild, by natural birth or adoption, parent, brother, sister, half-brother, half-sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or any person denoted by the prefix “grand” or “great,” or the spouse of any of these persons. (g) “Firefighter” means a firefighter as defined by Section 1797.182. (h) (1) “Interment right” means the rights held by the owner to use or control the use of a plot authorized by this part, for the interment of human remains, including both of the following rights: (A) To determine the number and identity of any person or persons to be interred in the plot within a cemetery in conformance with all applicable regulations adopted by the cemetery district. (B) To control the placement, design, wording, and removal of memorial markers in compliance with all applicable regulations adopted by the cemetery district. (2) An interment right is a transferable property interest, and is governed by Chapter 5.5 (commencing with Section 9069.10). (i) “Nonresident” means a person who does not reside within a district or does not pay property taxes on property located in a district. (j) “Peace officer” means a peace officer as defined by Section 830 of the Penal Code. (k) “Principal county” means the county having all or the greater portion of the entire assessed value, as shown on the last equalized assessment roll of the county or counties, of all taxable property within a district. (l) “Voter” means a voter as defined by Section 359 of the Elections Code. SEC. 2. Chapter 5.5 (commencing with Section 9069.10) is added to Part 4 of Division 8 of the Health and Safety Code, to read: CHAPTER 5.5. Interment Rights 9069.10. An interment right does not include the right for disinterment of human remains except on consent of the cemetery district and the written consent of the surviving spouse, child, parent, or sibling, in that order of priority. 9069.15. (a) This chapter does not apply to, or prohibit, the removal of remains from one plot to another in the same cemetery or the removal of remains by a cemetery district upon the written order of any of the following: (1) The superior court of the county in which the cemetery is located. (2) The coroner having jurisdiction of the location of the cemetery. (3) The health department having jurisdiction of the cemetery. (b) The cemetery district shall maintain a duplicate copy of an order pursuant to subdivision (a). (c) The cemetery district shall retain a true and correct record of a removal of remains pursuant to subdivision (a) that includes all of the following: (1) The date the remains were removed. (2) The name and the age at death of the person whose remains were removed if available. (3) The cemetery and plot from which the remains were removed. (4) (A) If the removed remains are reinterred, the plot number, cemetery name, and location to which the remains were reinterred. (B) If the removed remains are disposed of other than by being reinterred, a record of the alternate disposition. (5) If the removed remains are reinterred at the cemetery, the date of reinterment. (d) The person making the removal shall deliver to the cemetery district operating the cemetery from which the remains were removed a true, full, and complete copy of the record containing all of the information specified in subdivision (c). 9069.20. (a) An interment right provides a transferable property interest to the person listed as the owner in the records of the cemetery district, subject to any written designation to the contrary signed by the owner and deposited with the cemetery district, or to the owner’s successor pursuant to either this section or subdivision (a) of Section 9069.25. An interment right shall not be construed as conferring title to the property burdened by the transferable property interest. (b) The owner of record of an interment right may designate in writing the person or persons, other than the owner of record, who may be interred in the plot to which the owner holds the interment right. (c) The owner of an interment right shall, at the time of purchase, designate a successor owner or owners of the interment right in a signed written designation deposited with the district. (d) Use of an interment right transferred from the owner to a successor pursuant to subdivision (c) shall be made in compliance with applicable provisions of state and local law, and of applicable requirements or policies established by the district board of trustees. 9069.25. (a) If the owner of an interment right dies without making a valid and enforceable disposition of the interment right by a specific devise in a testamentary device, or by a written designation pursuant to subdivision (c) of Section 9069.20, the interment right shall pass according to the laws of intestate succession as set forth in Sections 6400 to 6413, inclusive, of the Probate Code. In the event that the owner has no heirs at law, the district shall follow the abandonment procedures established under Section 9069. (b) A surviving spouse, registered domestic partner, child, parent, or heir who has an interment right pursuant to this section may waive that interment right in favor of any other relative of the deceased owner or spouse of a relative of the deceased owner. 9069.30. When a public cemetery district acts to transfer ownership rights or make an interment on the basis of the affidavit, given under penalty of perjury pursuant to Section 9069.35, the district, and any employee or trustee of the district, shall not be liable for any claims, losses, or damages asserted in any action unless the district had actual knowledge that the facts stated in writing are false. 9069.35. A person who purports to be the successor owner of an interment right shall execute a written affidavit declaring, under penalty of perjury, all of the following: (a) He or she is the person entitled to succeed to the interment right pursuant to Section 9069.20. (b) He or she has exerted all reasonable efforts to find other persons who may have an equal or higher claim to succeed to the interment right. (c) He or she is unaware, to the best of his or her knowledge, of any opposition challenging his or her right to succeed to the interment right. 9069.40. Upon the sale to a person of a plot in a cemetery within a district, the district shall notify the purchaser, in writing, of any interment rights, that this chapter governs the succession of ownership of the interment rights, and the district’s duly adopted policies, rules, and regulations governing the use, sale, or other transfer of interment rights. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: This bill amends the Health and Safety Code to add a new Chapter 5.5 (commencing with Section 9069.10) to

The people of the State of California do enact as follows: SECTION 1. (a) The sum of six hundred forty-seven thousand four hundred forty-three dollars and thirty-two cents ($647,443.32) is hereby appropriated from the various funds specified in subdivision (b) to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of claims accepted by the board in accordance with the schedule set forth in subdivision (b). (b) Pursuant to subdivision (a), claims accepted by the California Victim Compensation and Government Claims Board shall be paid in accordance with the following schedule: Total for Fund: General Fund (0001) ........................ $606,296.25 Total for Fund: Item 2660-001-0042 Budget Act of 2016, Program 1835010 ........................ $47.31 Total for Fund: Item 2740-001-0044 Budget Act of 2016, Program 2130 ........................ $966.22 Total for Fund: Item 4260-101-0001 Budget Act of 2016, Program 3960022 ........................ $2,028.06 Total for Fund: Item 5180-111-0001 Budget Act of 2016, Program 4275010 ........................ $15,567.57 Total for Fund: Item 7100-001-0185 Budget Act of 2016, Program 5930 ........................ $22,537.91 SEC. 2. Upon the request of the California Victim Compensation and Government Claims Board, in a form prescribed by the Controller, the Controller shall transfer surcharges and fees from the Budget Act items of appropriation identified in subdivision (b) of Section 1 of this act to Item 7870-001-0001 of Section 2.00 of the Budget Act of 2016. For each Budget Act item of appropriation, this amount shall not exceed the cumulative total of the per claim filing fee authorized by subdivision (c) of Section 905.2 of the Government Code and the surcharge authorized by subdivision (f) of Section 905.2 of the Government Code. For those items in subdivision (b) that do not reflect a Budget Act appropriation, the Controller shall transfer an amount not to exceed the cumulative total of the per claim filing fee authorized by subdivision (c) of Section 905.2 of the Government Code and the surcharge authorized by subdivision (f) of Section 905.2 of the Government Code. This amount shall be transferred for the support of the board reimbursements to Item 7870-001-0001 of Section 2.00 of the Budget Act of 2016. The board shall provide a report of the amounts recovered pursuant to this authority to the Department of Finance within 90 days of the enactment of this act. SEC. 3. The sum of five hundred eighty-one thousand six hundred dollars ($581,600) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Obie Steven Anthony III, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. SEC. 4. The sum of six hundred fifty-three thousand six hundred dollars ($653,600) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of John Smith, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. SEC. 5. The sum of five hundred sixty-four thousand one hundred dollars ($564,100) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Michael Smith, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. SEC. 6. The sum of five hundred twelve thousand six hundred dollars ($512,600) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Timothy Gantt, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. SEC. 7. The sum of six hundred fifty-four thousand five hundred dollars ($654,500) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Marco Milla, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. SEC. 8. The sum of seven hundred sixty-two thousand four hundred forty dollars ($762,440) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Larry Pohlschneider, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. SEC. 9. The sum of nine hundred thirty-six thousand eight hundred eighty dollars ($936,880) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Luther Ed Jones, Jr., accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. 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 pay claims against the state and end hardship to claimants as quickly as possible, it is necessary for this act to take effect immediately.

Existing law requires the California Victim Compensation and Government Claims Board to ensure that all claims that have been approved by the board and for which there exists no legally available appropriation are submitted for legislative approval at least twice each calendar year. This bill would appropriate $647,443.32 from various funds for the payment of claims accepted by the board, as specified. This bill would require the Controller, upon the request of the board, in a form prescribed by the Controller, to transfer surcharges and fees from specified Budget Act items of appropriation identified in the bill to Item 7870-001-0001 of Section 2.00 of the Budget Act of 2016. This bill would require the board to provide a report of the amounts recovered pursuant to this authority to the Department of Finance within 90 days of the enactment of this bill. This bill would also appropriate certain funds from the General Fund to the board for the payment of the claims of specified individuals. This bill would declare that it is to take effect immediately as an urgency statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. (a) The sum of six hundred forty-seven thousand four hundred forty-three dollars and thirty-two cents ($647,443.32) is hereby appropriated from the various funds specified in subdivision (b) to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of claims accepted by the board in accordance with the schedule set forth in subdivision (b). (b) Pursuant to subdivision (a), claims accepted by the California Victim Compensation and Government Claims Board shall be paid in accordance with the following schedule: Total for Fund: General Fund (0001) ........................ $606,296.25 Total for Fund: Item 2660-001-0042 Budget Act of 2016, Program 1835010 ........................ $47.31 Total for Fund: Item 2740-001-0044 Budget Act of 2016, Program 2130 ........................ $966.22 Total for Fund: Item 4260-101-0001 Budget Act of 2016, Program 3960022 ........................ $2,028.06 Total for Fund: Item 5180-111-0001 Budget Act of 2016, Program 4275010 ........................ $15,567.57 Total for Fund: Item 7100-001-0185 Budget Act of 2016, Program 5930 ........................ $22,537.91 SEC. 2. Upon the request of the California Victim Compensation and Government Claims Board, in a form prescribed by the Controller, the Controller shall transfer surcharges and fees from the Budget Act items of appropriation identified in subdivision (b) of Section 1 of this act to Item 7870-001-0001 of Section 2.00 of the Budget Act of 2016. For each Budget Act item of appropriation, this amount shall not exceed the cumulative total of the per claim filing fee authorized by subdivision (c) of Section 905.2 of the Government Code and the surcharge authorized by subdivision (f) of Section 905.2 of the Government Code. For those items in subdivision (b) that do not reflect a Budget Act appropriation, the Controller shall transfer an amount not to exceed the cumulative total of the per claim filing fee authorized by subdivision (c) of Section 905.2 of the Government Code and the surcharge authorized by subdivision (f) of Section 905.2 of the Government Code. This amount shall be transferred for the support of the board reimbursements to Item 7870-001-0001 of Section 2.00 of the Budget Act of 2016. The board shall provide a report of the amounts recovered pursuant to this authority to the Department of Finance within 90 days of the enactment of this act. SEC. 3. The sum of five hundred eighty-one thousand six hundred dollars ($581,600) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Obie Steven Anthony III, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. SEC. 4. The sum of six hundred fifty-three thousand six hundred dollars ($653,600) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of John Smith, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. SEC. 5. The sum of five hundred sixty-four thousand one hundred dollars ($564,100) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Michael Smith, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. SEC. 6. The sum of five hundred twelve thousand six hundred dollars ($512,600) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Timothy Gantt, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. SEC. 7. The sum of six hundred fifty-four thousand five hundred dollars ($654,500) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Marco Milla, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. SEC. 8. The sum of seven hundred sixty-two thousand four hundred forty dollars ($762,440) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Larry Pohlschneider, accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. SEC. 9. The sum of nine hundred thirty-six thousand eight hundred eighty dollars ($936,880) is hereby appropriated from the General Fund to the Executive Officer of the California Victim Compensation and Government Claims Board for the payment of the claim of Luther Ed Jones, Jr., accepted by the board and reported to the Legislature pursuant to Section 4904 of the Penal Code. 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 pay claims against the state and end hardship to claimants as quickly as possible, it is necessary for this act to take effect immediately. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 27491.4 of the Government Code is amended to read: 27491.4. (a) For purposes of inquiry the coroner shall, within 24 hours or as soon as feasible thereafter, where the suspected cause of death is sudden infant death syndrome and, in all other cases, the coroner may, in his or her discretion, take possession of the body, which shall include the authority to exhume the body, order it removed to a convenient place, and make or cause to be made a postmortem examination, or cause to be made an autopsy thereon, and make or cause to be made an analysis of the stomach, stomach contents, blood, organs, fluids, or tissues of the body. The detailed medical findings resulting from an inspection of the body or autopsy by an examining licensed physician and surgeon shall be either reduced to writing or permanently preserved on recording discs or other similar recording media, shall include all positive and negative findings pertinent to establishing the cause of death in accordance with medicolegal practice and this, along with the written opinions and conclusions of the examining licensed physician and surgeon, shall be included in the coroner’s record of the death. The coroner shall have the right to retain only those tissues of the body removed at the time of the autopsy as may, in his or her opinion, be necessary or advisable to the inquiry into the case, or for the verification of his or her findings. Only individuals who are directly involved in the investigation of the death of the decedent may be present during the performance of the autopsy. (b) In any case in which the coroner knows, or has reason to believe, that the deceased has made valid provision for the disposition of his or her body or a part or parts thereof for medical or scientific purposes in accordance with Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code, the coroner shall neither perform nor authorize any other person to perform an autopsy on the body unless the coroner has contacted or attempted to contact the physician last in attendance to the deceased. If the physician cannot be contacted, the coroner shall then notify or attempt to notify one of the following of the need for an autopsy to determine the cause of death: (1) the surviving spouse; (2) a surviving child or parent; (3) a surviving brother or sister; (4) any other kin or person who has acquired the right to control the disposition of the remains. Following a period of 24 hours after attempting to contact the physician last in attendance and notifying or attempting to notify one of the responsible parties listed above, the coroner may authorize the performance of an autopsy, as otherwise authorized or required by law. (c) Nothing in this section shall be deemed to prohibit the discretion of the coroner to cause to be conducted an autopsy upon any victim of sudden, unexpected, or unexplained death or any death known or suspected of resulting from an accident, suicide, or apparent criminal means, or other death, as described in Section 27491. SEC. 2. Section 27491.41 of the Government Code is amended to read: 27491.41. (a) For purposes of this section, “sudden infant death syndrome” means the sudden death of any infant that is unexpected by the history of the infant and where a thorough postmortem examination fails to demonstrate an adequate cause of death. (b) The Legislature finds and declares that sudden infant death syndrome, also referred to as SIDS, is the leading cause of death for children under age one, striking one out of every 500 children. The Legislature finds and declares that sudden infant death syndrome is a serious problem within the State of California, and that the public interest is served by research and study of sudden infant death syndrome and its potential causes and indications. (c) (1) To facilitate these purposes, the coroner shall, within 24 hours or as soon thereafter as feasible, cause an autopsy to be performed in any case where an infant has died suddenly and unexpectedly. (2) However, if the attending licensed physician and surgeon desires to certify that the cause of death is sudden infant death syndrome, an autopsy may be performed at the discretion of the coroner. If the coroner causes an autopsy to be performed pursuant to this section, he or she shall also certify the cause of death. (d) The autopsy shall be conducted pursuant to a standardized protocol developed by the State Department of Public Health. The protocol is exempt from the procedural requirements pertaining to the adoption of administrative rules and regulations pursuant to Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. (e) The protocol shall be followed by all coroners throughout the state when conducting an evaluation as part of an autopsy required by this section. The coroner shall state on the certificate of death that sudden infant death syndrome was the cause of death when the coroner’s findings are consistent with the definition of sudden infant death syndrome specified in the standardized autopsy protocol. The protocol may include requirements and standards for scene investigations, requirements for specific data, criteria for ascertaining cause of death based on the autopsy, and criteria for any specific tissue sampling, and any other requirements. The protocol may also require that specific tissue samples shall be provided to a central tissue repository designated by the State Department of Public Health. (f) The State Department of Public Health shall establish procedures and protocols for access by researchers to any tissues, or other materials or data authorized by this section. Research may be conducted by any individual with a valid scientific interest and prior approval from the State Committee for the Protection of Human Subjects. The tissue samples, the materials, and all data shall be subject to the confidentiality requirements of Section 103850 of the Health and Safety Code. (g) The coroner may take tissue samples for research purposes from infants who have died suddenly and unexpectedly without consent of the responsible adult if the tissue removal is not likely to result in any visible disfigurement. (h) A coroner or licensed physician and surgeon shall not be liable for damages in a civil action for any act or omission done in compliance with this section. (i) Consent of any person is not required before undertaking the autopsy required by this section. SEC. 3. Section 27491.43 of the Government Code is amended to read: 27491.43. (a) (1) Notwithstanding any other law, except as otherwise provided in this section, in any case in which the coroner, before the beginning of an autopsy, dissection, or removal of corneal tissue, pituitary glands, or any other organ, tissue, or fluid, has received a certificate of religious belief, executed by the decedent as provided in subdivision (b), that the procedure would be contrary to his or her religious belief, the coroner shall neither perform, nor order the performance of, that procedure on the body of the decedent. (2) If, before beginning the procedure, the coroner is informed by a relative or a friend of the decedent that the decedent had executed a certificate of religious belief, the coroner shall not order an autopsy to be performed, except as otherwise provided in this section, for 48 hours. If the certificate is produced within 48 hours, the case shall be governed by this section. If the certificate is not produced within that time, the case shall be governed by the other provisions of this article. (b) Any person, 18 years of age or older, may execute a certificate of religious belief which shall state in clear and unambiguous language that any postmortem anatomical dissection or that specified procedures would violate the religious convictions of the person. The certificate shall be signed and dated by the person in the presence of at least two witnesses. Each witness shall also sign the certificate and shall print on the certificate his or her name and residence address. (c) Notwithstanding the existence of a certificate, the coroner may at any time cause an autopsy to be performed or any other procedure if he or she has a reasonable suspicion that the death was caused by the criminal act of another or by a contagious disease constituting a public health hazard. (d) (1) If a certificate is produced, and if subdivision (c) does not apply, the coroner may petition the superior court, without fee, for an order authorizing an autopsy or other procedure or for an order setting aside the certificate as invalid. Notice of the proceeding shall be given to the person who produced the certificate. The proceeding shall have preference over all other cases. (2) The court shall set aside the certificate if it finds that the certificate was not properly executed or that it does not clearly state the decedent’s religious objection to the proposed procedure. (3) The court may order an autopsy or other procedure despite a valid certificate if it finds that the cause of death is not evident, and that the interest of the public in determining the cause of death outweighs its interest in permitting the decedent and like persons fully to exercise their religious convictions. (4) Any procedure performed pursuant to paragraph (3) shall be the least intrusive procedure consistent with the order of the court. (5) If the petition is denied, and no stay is granted, the body of the deceased shall immediately be released to the person authorized to control its disposition. (e) In any case in which the circumstances, manner, or cause of death is not determined because of the provisions of this section, the coroner may state on the certificate of death that an autopsy was not conducted because of the provisions of this section. (f) A coroner shall not be liable for damages in a civil action for any act or omission taken in compliance with the provisions of this section. SEC. 4. Section 27491.46 of the Government Code is amended to read: 27491.46. (a) The coroner shall have the right to retain pituitary glands solely for transmission to a university, for use in research or the advancement of medical science, in those cases in which the coroner has required an autopsy to be performed pursuant to this chapter, and during a 48-hour period following such autopsy the body has not been claimed and the coroner has not been informed of any relatives of the decedent. (b) In the course of any autopsy, the coroner may cause to be removed the pituitary gland from the body for transmittal to any public agency for use in manufacturing a hormone necessary for the physical growth of persons who are, or may become, hypopituitary dwarfs, if the coroner has no knowledge of objection to the removal and release of the pituitary gland having been made by the decedent or any other person specified in Section 7151.5 of the Health and Safety Code. Neither the coroner nor the medical examiner authorizing the removal of the pituitary gland, nor any hospital, medical center, tissue bank, storage facility, or person acting upon the request, order, or direction of the coroner or medical examiner in the removal of the pituitary gland pursuant to this section, shall incur civil liability for the removal of the pituitary gland in an action brought by any person who did not object prior to the removal of the pituitary gland, nor be subject to criminal prosecution for removal of the pituitary gland pursuant to the authority of this section. Nothing in this subdivision shall supersede the terms of any gift made pursuant to Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code. SEC. 5. Section 27491.47 of the Government Code is amended to read: 27491.47. (a) Notwithstanding any other law, the coroner may, in the course of an autopsy, authorize the removal and release of corneal eye tissue from a body within the coroner’s custody, if all of the following conditions are met: (1) The autopsy has otherwise been authorized. (2) The coroner has no knowledge of objection to the removal and release of corneal tissue having been made by the decedent or any other person specified in Section 7151 of the Health and Safety Code and has obtained any one of the following: (A) A dated and signed written consent by the donor or any other person specified in Section 7151 of the Health and Safety Code on a form that clearly indicates the general intended use of the tissue and contains the signature of at least one witness. (B) Proof of the existence of a recorded telephonic consent by the donor or any other person specified in Section 7151 of the Health and Safety Code in the form of an audio recording of the conversation or a transcript of the recorded conversation, which indicates the general intended use of the tissue. (C) A document recording a verbal telephonic consent by the donor or any other person specified in Section 7151 of the Health and Safety Code, witnessed and signed by no fewer than two members of the requesting entity, hospital, eye bank, or procurement organization, memorializing the consenting person’s knowledge of and consent to the general intended use of the gift. The form of consent obtained under subparagraph (A), (B), or (C) shall be kept on file by the requesting entity and the official agency for a minimum of three years. (3) The removal of the tissue will not unnecessarily mutilate the body, be accomplished by enucleation, nor interfere with the autopsy. (4) The tissue will be removed by a licensed physician and surgeon or a trained transplant technician. (5) The tissue will be released to a public or nonprofit facility for transplant, therapeutic, or scientific purposes. (b) Neither the coroner nor medical examiner authorizing the removal of the corneal tissue, nor any hospital, medical center, tissue bank, storage facility, or person acting upon the request, order, or direction of the coroner or medical examiner in the removal of corneal tissue pursuant to this section, shall incur civil liability for the removal in an action brought by any person who did not object prior to the removal of the corneal tissue, nor be subject to criminal prosecution for the removal of the corneal tissue pursuant to this section. (c) This section shall not be construed to interfere with the ability of a person to make an anatomical gift pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code). SEC. 6. Section 27520 of the Government Code is amended to read: 27520. (a) The coroner shall cause to be performed an autopsy on a decedent, for which an autopsy has not already been performed, if the surviving spouse requests him or her to do so in writing. If there is no surviving spouse, the coroner shall cause an autopsy to be performed if requested to do so in writing by a surviving child or parent, or if there is no surviving child or parent, by the next of kin of the deceased. (b) The coroner may cause to be performed an autopsy on a decedent, for which an autopsy has already been performed, if the surviving spouse requests him or her to do so in writing. If there is no surviving spouse, the coroner may cause an autopsy to be performed if requested to do so in writing by a surviving child or parent, or if there is no surviving child or parent, by the next of kin of the deceased. (c) The cost of an autopsy requested pursuant to either subdivision (a) or (b) shall be borne by the person requesting that it be performed. SEC. 7. Section 27522 is added to the Government Code, to read: 27522. (a) A forensic autopsy shall only be conducted by a licensed physician and surgeon. The results of a forensic autopsy shall only be determined by a licensed physician and surgeon. (b) A forensic autopsy shall be defined as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. At the direction and supervision of a coroner, a medical examiner, or a licensed physician and surgeon, trained county personnel who are necessary to the performance of an autopsy may take body measurements or retrieve blood, urine, or vitreous samples from the body of a decedent. (c) For purposes of this section, a postmortem examination shall be defined as the external examination of the body where no manner or cause of death is determined. (d) For purposes of this section, the manner of death shall be determined by the coroner or medical examiner of a county. If a forensic autopsy is conducted by a licensed physician and surgeon, the coroner or medical examiner shall consult with the licensed physician and surgeon in the determination of the manner of death. (e) For health and safety purposes, all persons in the autopsy suite shall be informed of the risks presented by bloodborne pathogens and that they should wear personal protective equipment in accordance with the requirements described in Section 5193 of Title 8 of the California Code of Regulations or its successor. (f) (1) Only individuals who are directly involved in the investigation of the death of the decedent shall be allowed into the autopsy suite. (2) If an individual dies due to the involvement of law enforcement activity, law enforcement personnel directly involved in the death of that individual shall not be involved with any portion of the postmortem examination, nor allowed inside the autopsy suite during the performance of the autopsy. (3) Notwithstanding paragraph (1), individuals may be permitted in the autopsy suite for educational and research purposes at the discretion of the coroner and in consultation with any licensed physician and surgeon conducting an autopsy. (g) Any police reports, crime scene or other information, videos, or laboratory tests that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity shall be made available to the physician and surgeon who conducts the autopsy prior to the completion of the investigation of the death. (h) This section shall not be construed to limit the practice of an autopsy for educational or research purposes. SEC. 8. 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 a county coroner to inquire into and determine the circumstances, manner, and cause of certain deaths. Existing law either requires or authorizes a county coroner, under certain circumstances, to perform, or cause to be performed, an autopsy on a decedent. Existing law imposes certain requirements on a postmortem examination or autopsy conducted at the discretion of a coroner, medical examiner, or other agency upon an unidentified body or human remains. Existing law requires the coroner to perform an autopsy pursuant to a standardized protocol developed by the State Department of Public Health in any case where an infant has died suddenly and unexpectedly. Existing law authorizes the board of supervisors of a county to consolidate the duties of certain county offices in one or more of specified combinations, including, but not limited to, sheriff and coroner, district attorney and coroner, and public administrator and coroner. Existing law authorizes the board of supervisors of a county to abolish the office of coroner and provide instead for the office of medical examiner, as specified, and requires the medical examiner to be a licensed physician and surgeon duly qualified as a specialist in pathology. This bill would require that a forensic autopsy, as defined, be conducted by a licensed physician and surgeon. The bill would require that the results of a forensic autopsy be determined by a licensed physician and surgeon. The bill would require the manner of death to be determined by the coroner or medical examiner of a county. The bill would authorize trained county personnel who are necessary to the performance of an autopsy to take body measurements or retrieve blood, urine, or vitreous samples from the body of a decedent at the direction and supervision of a coroner, a medical examiner, or a licensed physician and surgeon. The bill would require, if a licensed physician and surgeon conducts a forensic autopsy, the coroner or medical examiner to consult with the licensed physician and surgeon in the determination of the manner of death. The bill would require the coroner to conduct an evaluation pursuant to a standardized protocol developed by the State Department of Public Health in any case where an infant has died suddenly and unexpectedly. The bill would require, for health and safety purposes, that all persons in the autopsy suite be informed of the risks presented by bloodborne pathogens and be informed that they should wear personal protective equipment, as specified. The bill would require that only individuals who are directly involved in the investigation of the death of the decedent be allowed into the autopsy suite but would permit individuals to be in the autopsy suite for educational and research purposes at the discretion of the coroner, in consultation with any licensed physician and surgeon conducting an autopsy. The bill would prohibit law enforcement personnel directly involved in the death of an individual who died due to involvement of law enforcement activity from being involved with any portion of the postmortem examination or being inside the autopsy suite during the performance of the autopsy. The bill would define a postmortem examination for this purpose to be the external examination of the body where no manner or cause of death is determined. The bill would require specified materials that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity to be made available to the physician and surgeon who conducts the autopsy prior to the completion of the investigation of the death. The bill would specify that these provisions shall not be construed to limit the practice of an autopsy for educational or research purposes. By imposing additional duties upon local officials and law enforcement agencies, this 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. The bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 27491.4 of the Government Code is amended to read: 27491.4. (a) For purposes of inquiry the coroner shall, within 24 hours or as soon as feasible thereafter, where the suspected cause of death is sudden infant death syndrome and, in all other cases, the coroner may, in his or her discretion, take possession of the body, which shall include the authority to exhume the body, order it removed to a convenient place, and make or cause to be made a postmortem examination, or cause to be made an autopsy thereon, and make or cause to be made an analysis of the stomach, stomach contents, blood, organs, fluids, or tissues of the body. The detailed medical findings resulting from an inspection of the body or autopsy by an examining licensed physician and surgeon shall be either reduced to writing or permanently preserved on recording discs or other similar recording media, shall include all positive and negative findings pertinent to establishing the cause of death in accordance with medicolegal practice and this, along with the written opinions and conclusions of the examining licensed physician and surgeon, shall be included in the coroner’s record of the death. The coroner shall have the right to retain only those tissues of the body removed at the time of the autopsy as may, in his or her opinion, be necessary or advisable to the inquiry into the case, or for the verification of his or her findings. Only individuals who are directly involved in the investigation of the death of the decedent may be present during the performance of the autopsy. (b) In any case in which the coroner knows, or has reason to believe, that the deceased has made valid provision for the disposition of his or her body or a part or parts thereof for medical or scientific purposes in accordance with Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code, the coroner shall neither perform nor authorize any other person to perform an autopsy on the body unless the coroner has contacted or attempted to contact the physician last in attendance to the deceased. If the physician cannot be contacted, the coroner shall then notify or attempt to notify one of the following of the need for an autopsy to determine the cause of death: (1) the surviving spouse; (2) a surviving child or parent; (3) a surviving brother or sister; (4) any other kin or person who has acquired the right to control the disposition of the remains. Following a period of 24 hours after attempting to contact the physician last in attendance and notifying or attempting to notify one of the responsible parties listed above, the coroner may authorize the performance of an autopsy, as otherwise authorized or required by law. (c) Nothing in this section shall be deemed to prohibit the discretion of the coroner to cause to be conducted an autopsy upon any victim of sudden, unexpected, or unexplained death or any death known or suspected of resulting from an accident, suicide, or apparent criminal means, or other death, as described in Section 27491. SEC. 2. Section 27491.41 of the Government Code is amended to read: 27491.41. (a) For purposes of this section, “sudden infant death syndrome” means the sudden death of any infant that is unexpected by the history of the infant and where a thorough postmortem examination fails to demonstrate an adequate cause of death. (b) The Legislature finds and declares that sudden infant death syndrome, also referred to as SIDS, is the leading cause of death for children under age one, striking one out of every 500 children. The Legislature finds and declares that sudden infant death syndrome is a serious problem within the State of California, and that the public interest is served by research and study of sudden infant death syndrome and its potential causes and indications. (c) (1) To facilitate these purposes, the coroner shall, within 24 hours or as soon thereafter as feasible, cause an autopsy to be performed in any case where an infant has died suddenly and unexpectedly. (2) However, if the attending licensed physician and surgeon desires to certify that the cause of death is sudden infant death syndrome, an autopsy may be performed at the discretion of the coroner. If the coroner causes an autopsy to be performed pursuant to this section, he or she shall also certify the cause of death. (d) The autopsy shall be conducted pursuant to a standardized protocol developed by the State Department of Public Health. The protocol is exempt from the procedural requirements pertaining to the adoption of administrative rules and regulations pursuant to Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. (e) The protocol shall be followed by all coroners throughout the state when conducting an evaluation as part of an autopsy required by this section. The coroner shall state on the certificate of death that sudden infant death syndrome was the cause of death when the coroner’s findings are consistent with the definition of sudden infant death syndrome specified in the standardized autopsy protocol. The protocol may include requirements and standards for scene investigations, requirements for specific data, criteria for ascertaining cause of death based on the autopsy, and criteria for any specific tissue sampling, and any other requirements. The protocol may also require that specific tissue samples shall be provided to a central tissue repository designated by the State Department of Public Health. (f) The State Department of Public Health shall establish procedures and protocols for access by researchers to any tissues, or other materials or data authorized by this section. Research may be conducted by any individual with a valid scientific interest and prior approval from the State Committee for the Protection of Human Subjects. The tissue samples, the materials, and all data shall be subject to the confidentiality requirements of Section 103850 of the Health and Safety Code. (g) The coroner may take tissue samples for research purposes from infants who have died suddenly and unexpectedly without consent of the responsible adult if the tissue removal is not likely to result in any visible disfigurement. (h) A coroner or licensed physician and surgeon shall not be liable for damages in a civil action for any act or omission done in compliance with this section. (i) Consent of any person is not required before undertaking the autopsy required by this section. SEC. 3. Section 27491.43 of the Government Code is amended to read: 27491.43. (a) (1) Notwithstanding any other law, except as otherwise provided in this section, in any case in which the coroner, before the beginning of an autopsy, dissection, or removal of corneal tissue, pituitary glands, or any other organ, tissue, or fluid, has received a certificate of religious belief, executed by the decedent as provided in subdivision (b), that the procedure would be contrary to his or her religious belief, the coroner shall neither perform, nor order the performance of, that procedure on the body of the decedent. (2) If, before beginning the procedure, the coroner is informed by a relative or a friend of the decedent that the decedent had executed a certificate of religious belief, the coroner shall not order an autopsy to be performed, except as otherwise provided in this section, for 48 hours. If the certificate is produced within 48 hours, the case shall be governed by this section. If the certificate is not produced within that time, the case shall be governed by the other provisions of this article. (b) Any person, 18 years of age or older, may execute a certificate of religious belief which shall state in clear and unambiguous language that any postmortem anatomical dissection or that specified procedures would violate the religious convictions of the person. The certificate shall be signed and dated by the person in the presence of at least two witnesses. Each witness shall also sign the certificate and shall print on the certificate his or her name and residence address. (c) Notwithstanding the existence of a certificate, the coroner may at any time cause an autopsy to be performed or any other procedure if he or she has a reasonable suspicion that the death was caused by the criminal act of another or by a contagious disease constituting a public health hazard. (d) (1) If a certificate is produced, and if subdivision (c) does not apply, the coroner may petition the superior court, without fee, for an order authorizing an autopsy or other procedure or for an order setting aside the certificate as invalid. Notice of the proceeding shall be given to the person who produced the certificate. The proceeding shall have preference over all other cases. (2) The court shall set aside the certificate if it finds that the certificate was not properly executed or that it does not clearly state the decedent’s religious objection to the proposed procedure. (3) The court may order an autopsy or other procedure despite a valid certificate if it finds that the cause of death is not evident, and that the interest of the public in determining the cause of death outweighs its interest in permitting the decedent and like persons fully to exercise their religious convictions. (4) Any procedure performed pursuant to paragraph (3) shall be the least intrusive procedure consistent with the order of the court. (5) If the petition is denied, and no stay is granted, the body of the deceased shall immediately be released to the person authorized to control its disposition. (e) In any case in which the circumstances, manner, or cause of death is not determined because of the provisions of this section, the coroner may state on the certificate of death that an autopsy was not conducted because of the provisions of this section. (f) A coroner shall not be liable for damages in a civil action for any act or omission taken in compliance with the provisions of this section. SEC. 4. Section 27491.46 of the Government Code is amended to read: 27491.46. (a) The coroner shall have the right to retain pituitary glands solely for transmission to a university, for use in research or the advancement of medical science, in those cases in which the coroner has required an autopsy to be performed pursuant to this chapter, and during a 48-hour period following such autopsy the body has not been claimed and the coroner has not been informed of any relatives of the decedent. (b) In the course of any autopsy, the coroner may cause to be removed the pituitary gland from the body for transmittal to any public agency for use in manufacturing a hormone necessary for the physical growth of persons who are, or may become, hypopituitary dwarfs, if the coroner has no knowledge of objection to the removal and release of the pituitary gland having been made by the decedent or any other person specified in Section 7151.5 of the Health and Safety Code. Neither the coroner nor the medical examiner authorizing the removal of the pituitary gland, nor any hospital, medical center, tissue bank, storage facility, or person acting upon the request, order, or direction of the coroner or medical examiner in the removal of the pituitary gland pursuant to this section, shall incur civil liability for the removal of the pituitary gland in an action brought by any person who did not object prior to the removal of the pituitary gland, nor be subject to criminal prosecution for removal of the pituitary gland pursuant to the authority of this section. Nothing in this subdivision shall supersede the terms of any gift made pursuant to Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code. SEC. 5. Section 27491.47 of the Government Code is amended to read: 27491.47. (a) Notwithstanding any other law, the coroner may, in the course of an autopsy, authorize the removal and release of corneal eye tissue from a body within the coroner’s custody, if all of the following conditions are met: (1) The autopsy has otherwise been authorized. (2) The coroner has no knowledge of objection to the removal and release of corneal tissue having been made by the decedent or any other person specified in Section 7151 of the Health and Safety Code and has obtained any one of the following: (A) A dated and signed written consent by the donor or any other person specified in Section 7151 of the Health and Safety Code on a form that clearly indicates the general intended use of the tissue and contains the signature of at least one witness. (B) Proof of the existence of a recorded telephonic consent by the donor or any other person specified in Section 7151 of the Health and Safety Code in the form of an audio recording of the conversation or a transcript of the recorded conversation, which indicates the general intended use of the tissue. (C) A document recording a verbal telephonic consent by the donor or any other person specified in Section 7151 of the Health and Safety Code, witnessed and signed by no fewer than two members of the requesting entity, hospital, eye bank, or procurement organization, memorializing the consenting person’s knowledge of and consent to the general intended use of the gift. The form of consent obtained under subparagraph (A), (B), or (C) shall be kept on file by the requesting entity and the official agency for a minimum of three years. (3) The removal of the tissue will not unnecessarily mutilate the body, be accomplished by enucleation, nor interfere with the autopsy. (4) The tissue will be removed by a licensed physician and surgeon or a trained transplant technician. (5) The tissue will be released to a public or nonprofit facility for transplant, therapeutic, or scientific purposes. (b) Neither the coroner nor medical examiner authorizing the removal of the corneal tissue, nor any hospital, medical center, tissue bank, storage facility, or person acting upon the request, order, or direction of the coroner or medical examiner in the removal of corneal tissue pursuant to this section, shall incur civil liability for the removal in an action brought by any person who did not object prior to the removal of the corneal tissue, nor be subject to criminal prosecution for the removal of the corneal tissue pursuant to this section. (c) This section shall not be construed to interfere with the ability of a person to make an anatomical gift pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code). SEC. 6. Section 27520 of the Government Code is amended to read: 27520. (a) The coroner shall cause to be performed an autopsy on a decedent, for which an autopsy has not already been performed, if the surviving spouse requests him or her to do so in writing. If there is no surviving spouse, the coroner shall cause an autopsy to be performed if requested to do so in writing by a surviving child or parent, or if there is no surviving child or parent, by the next of kin of the deceased. (b) The coroner may cause to be performed an autopsy on a decedent, for which an autopsy has already been performed, if the surviving spouse requests him or her to do so in writing. If there is no surviving spouse, the coroner may cause an autopsy to be performed if requested to do so in writing by a surviving child or parent, or if there is no surviving child or parent, by the next of kin of the deceased. (c) The cost of an autopsy requested pursuant to either subdivision (a) or (b) shall be borne by the person requesting that it be performed. SEC. 7. Section 27522 is added to the Government Code, to read: 27522. (a) A forensic autopsy shall only be conducted by a licensed physician and surgeon. The results of a forensic autopsy shall only be determined by a licensed physician and surgeon. (b) A forensic autopsy shall be defined as an examination of a body of a decedent to generate medical evidence for which the cause of death is determined. At the direction and supervision of a coroner, a medical examiner, or a licensed physician and surgeon, trained county personnel who are necessary to the performance of an autopsy may take body measurements or retrieve blood, urine, or vitreous samples from the body of a decedent. (c) For purposes of this section, a postmortem examination shall be defined as the external examination of the body where no manner or cause of death is determined. (d) For purposes of this section, the manner of death shall be determined by the coroner or medical examiner of a county. If a forensic autopsy is conducted by a licensed physician and surgeon, the coroner or medical examiner shall consult with the licensed physician and surgeon in the determination of the manner of death. (e) For health and safety purposes, all persons in the autopsy suite shall be informed of the risks presented by bloodborne pathogens and that they should wear personal protective equipment in accordance with the requirements described in Section 5193 of Title 8 of the California Code of Regulations or its successor. (f) (1) Only individuals who are directly involved in the investigation of the death of the decedent shall be allowed into the autopsy suite. (2) If an individual dies due to the involvement of law enforcement activity, law enforcement personnel directly involved in the death of that individual shall not be involved with any portion of the postmortem examination, nor allowed inside the autopsy suite during the performance of the autopsy. (3) Notwithstanding paragraph (1), individuals may be permitted in the autopsy suite for educational and research purposes at the discretion of the coroner and in consultation with any licensed physician and surgeon conducting an autopsy. (g) Any police reports, crime scene or other information, videos, or laboratory tests that are in the possession of law enforcement and are related to a death that is incident to law enforcement activity shall be made available to the physician and surgeon who conducts the autopsy prior to the completion of the investigation of the death. (h) This section shall not be construed to limit the practice of an autopsy for educational or research purposes. SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 30315 of the Public Resources Code is amended to read: 30315. (a) The commission shall meet at least 11 times annually at a place convenient to the public. Each meeting shall occur not more than 45 days after the previous meeting. All meetings of the commission shall be open to the public. (b) A majority of the total appointed membership of the commission shall constitute a quorum. An action taken by the commission under this division requires a majority vote of the members present at the meeting of the commission, with a quorum being present, unless otherwise specifically provided for in this division. (c) Commencing on or before July 1, 2017, the commission also shall provide for public access to participation at all commission meetings via telephone and video conferencing. the Internet. Participation shall include real -time testimony during public comment. SEC. 2. Section 30321 of the Public Resources Code is amended to read: 30321. (a) For purposes of this article, “a matter within the commission’s jurisdiction” means any permit action, federal consistency review, appeal, local coastal program, port master plan, public works plan, long-range development plan, categorical or other exclusions from coastal development permit requirements, or any other quasi-judicial matter requiring commission action, for which an application has been submitted to the commission. (b) Commission staff shall include in the executive summary section of a staff report a list of references to any materials submitted for the public record that are determined not to relate to a matter within the commission’s jurisdiction, including information about how to locate copies of those materials. materials in an addendum. The addendum shall include instructions regarding the use of the information contained in these communications as a basis or influencing factor upon their decision . SEC. 3. Section 30322 of the Public Resources Code is amended to read: 30322. (a) For purposes of this article, except as provided in subdivision (b), an “ex parte communication” is any oral or written communication between a member of the commission and an interested person, about a matter within the commission’s jurisdiction, which does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. (b) The following communications are not ex parte communications: (1) Any communication between a staff member acting in his or her official capacity and any commission member or interested person. (2) Any communication limited entirely to procedural issues, including, but not limited to, the hearing schedule, location, format, or filing date. (3) Any communication which takes place on the record during an official proceeding of a state, regional, or local agency that involves a member of the commission who also serves as an official of that agency. (4) Any communication between a member of the commission, with regard to any action of another state agency or of a regional or local agency of which the member is an official, and any other official or employee of that agency, including any person who is acting as an attorney for the agency. (5) Any communication between a nonvoting commission member and a staff member of a state agency where both the commission member and the staff member are acting in an official capacity. (6) Any communication to a nonvoting commission member relating to an action pending before the commission, where the nonvoting commission member does not participate in that action, either through written or verbal communication, on or off the record, with other members of the commission. (7) Any communication conducted by a commission member while acting in his or her capacity as a local government official and prior to the time the matter to which the communication applies was pending before the commission. This paragraph shall not be construed to mean that any other commissioner has conducted an ex parte communication on a matter if the communication occurred before the matter was pending before the commission. (8) Any project site visit conducted pursuant to subdivision (b) of Section 30324. SEC. 4. Section 30324 of the Public Resources Code is amended to read: 30324. (a) No commission member, nor any interested person, shall intentionally conduct either of the following: (1) An ex parte communication on a matter within the commission’s jurisdiction, as defined by Section 30321. (2) An oral or written communication regarding a pending enforcement investigation that does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. (b) Notwithstanding subdivision (a), commission members and commission staff may conduct a project site visit if the proposed site visit is approved by a majority vote of the commission and with the permission of the property owner. A description of the site visit shall be a part of the public record of the matter to which the project site pertains and any communications conducted during the site visit shall be limited to those between commission members and staff. (c) (1) If a commission member, or any interested person, conducts a communication that is in violation of subdivision (a), the commission member shall fully disclose and make public the communication by providing a full report of the communication to the executive director within seven days after the communication or, if the communication occurs within seven days of the next commission hearing, to the commission in writing to be included on the record of the proceeding at that hearing. (2) Notwithstanding Section 30327, if a commission member conducts a communication that is in violation of subdivision (a), he or she shall not vote on or otherwise participate in any commission proceeding to which the communication applies. (d) (1) The commission shall adopt standard disclosure forms for reporting communications that are in violation of subdivision (a), which shall include, but not be limited to, all of the following information: (A) The date, time, and location of the communication. (B) (i) The identity of the person or persons initiating and the person or persons receiving the communication. (ii) The identity of the person on whose behalf the communication was made. (iii) The identity of all persons present during the communication. (C) A complete, comprehensive description of the content of the communication, including a complete set of all text and graphic material that was part of the communication. (2) The executive director shall place in the public record any report made pursuant to this section. SEC. 5 Section 30327.2 is added to the Public Resources Code, to read: 30327.2. (a) The commission shall adopt, at a duly noticed public hearing, a board policy that prohibits a commission member or alternate from using or attempting to use his or her official position to place undue influence, as defined by Section 1575 of the Civil Code, on commission staff. staff, including, but not limited to, the contents of staff reports. (b) This section shall not be construed to prohibit a commissioner or alternate from communicating with, or providing information to, commission staff members about matters before the commission. (c) A commission member or alternate who willfully violates subdivision (a) is forever disqualified from holding any position at the commission. (d) This section is intended to protect the public interest by ensuring that commission members and alternates do not unduly influence the contents of a staff report, analysis, or recommendation.

The California Coastal Act of 1976, establishes the California Coastal Commission, and prescribes the membership and functions and duties of the commission. The act requires the commission to meet at least 11 times annually at a place convenient to the public. This bill would require the commission, commencing on or before July 1, 2017, to also provide for public access to participation at all commission meeting meetings via telephone and video conferencing. the Internet, as prescribed. The bill would require the commission to include in the executive summary section of a staff report a list of references to any materials submitted for the public record that are determined not to relate to a matter within the commission’s jurisdiction. For purposes of the act, an “ex parte communication” is defined as any oral or written communication between a member of the commission and an interested person, as defined, about a matter within the commission’s jurisdiction, as defined, that does not occur in a public hearing, workshop, or other official proceeding or on the official record of the proceeding on the matter, but excludes from that definition certain communications, including communications between a staff member acting in his or her official capacity and any commission member or interested person, as prescribed. The act prohibits a commission member and an interested person from conducting an ex parte communication unless the member fully discloses and makes public the ex parte communication, as specified, and prohibits a commission member or alternate from making, participating in making, or in any other way attempting to use his or her official position to influence a commission decision about which the member or alternate has knowingly had an ex parte communication that has not been reported. This bill would prohibit a commission member or an interested person from intentionally conducting any ex parte communication on a matter within the commission’s jurisdiction, as defined, or any oral or written communication regarding a pending enforcement investigation that does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. The bill would require a commission member to report these communications in writing, would require the report to be placed in the public record, and would prohibit a commission member from voting on or otherwise participating in any commission proceeding to which one of these communications applies, even if the communication is reported. The bill would exclude from the above provisions a project site visit by commission members and staff that meets certain requirements and communications conducted by a commission member while acting in his or her capacity as a local government official, as specified. This bill would also require the commission to adopt, at a duly noticed public hearing, a policy that prohibits a commission member from using or attempting to use his or her official position to place undue influence, as defined, on commission staff. The bill would forever disqualify a commission member or alternate who willfully violates that provision from holding any position at the commission.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 30315 of the Public Resources Code is amended to read: 30315. (a) The commission shall meet at least 11 times annually at a place convenient to the public. Each meeting shall occur not more than 45 days after the previous meeting. All meetings of the commission shall be open to the public. (b) A majority of the total appointed membership of the commission shall constitute a quorum. An action taken by the commission under this division requires a majority vote of the members present at the meeting of the commission, with a quorum being present, unless otherwise specifically provided for in this division. (c) Commencing on or before July 1, 2017, the commission also shall provide for public access to participation at all commission meetings via telephone and video conferencing. the Internet. Participation shall include real -time testimony during public comment. SEC. 2. Section 30321 of the Public Resources Code is amended to read: 30321. (a) For purposes of this article, “a matter within the commission’s jurisdiction” means any permit action, federal consistency review, appeal, local coastal program, port master plan, public works plan, long-range development plan, categorical or other exclusions from coastal development permit requirements, or any other quasi-judicial matter requiring commission action, for which an application has been submitted to the commission. (b) Commission staff shall include in the executive summary section of a staff report a list of references to any materials submitted for the public record that are determined not to relate to a matter within the commission’s jurisdiction, including information about how to locate copies of those materials. materials in an addendum. The addendum shall include instructions regarding the use of the information contained in these communications as a basis or influencing factor upon their decision . SEC. 3. Section 30322 of the Public Resources Code is amended to read: 30322. (a) For purposes of this article, except as provided in subdivision (b), an “ex parte communication” is any oral or written communication between a member of the commission and an interested person, about a matter within the commission’s jurisdiction, which does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. (b) The following communications are not ex parte communications: (1) Any communication between a staff member acting in his or her official capacity and any commission member or interested person. (2) Any communication limited entirely to procedural issues, including, but not limited to, the hearing schedule, location, format, or filing date. (3) Any communication which takes place on the record during an official proceeding of a state, regional, or local agency that involves a member of the commission who also serves as an official of that agency. (4) Any communication between a member of the commission, with regard to any action of another state agency or of a regional or local agency of which the member is an official, and any other official or employee of that agency, including any person who is acting as an attorney for the agency. (5) Any communication between a nonvoting commission member and a staff member of a state agency where both the commission member and the staff member are acting in an official capacity. (6) Any communication to a nonvoting commission member relating to an action pending before the commission, where the nonvoting commission member does not participate in that action, either through written or verbal communication, on or off the record, with other members of the commission. (7) Any communication conducted by a commission member while acting in his or her capacity as a local government official and prior to the time the matter to which the communication applies was pending before the commission. This paragraph shall not be construed to mean that any other commissioner has conducted an ex parte communication on a matter if the communication occurred before the matter was pending before the commission. (8) Any project site visit conducted pursuant to subdivision (b) of Section 30324. SEC. 4. Section 30324 of the Public Resources Code is amended to read: 30324. (a) No commission member, nor any interested person, shall intentionally conduct either of the following: (1) An ex parte communication on a matter within the commission’s jurisdiction, as defined by Section 30321. (2) An oral or written communication regarding a pending enforcement investigation that does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. (b) Notwithstanding subdivision (a), commission members and commission staff may conduct a project site visit if the proposed site visit is approved by a majority vote of the commission and with the permission of the property owner. A description of the site visit shall be a part of the public record of the matter to which the project site pertains and any communications conducted during the site visit shall be limited to those between commission members and staff. (c) (1) If a commission member, or any interested person, conducts a communication that is in violation of subdivision (a), the commission member shall fully disclose and make public the communication by providing a full report of the communication to the executive director within seven days after the communication or, if the communication occurs within seven days of the next commission hearing, to the commission in writing to be included on the record of the proceeding at that hearing. (2) Notwithstanding Section 30327, if a commission member conducts a communication that is in violation of subdivision (a), he or she shall not vote on or otherwise participate in any commission proceeding to which the communication applies. (d) (1) The commission shall adopt standard disclosure forms for reporting communications that are in violation of subdivision (a), which shall include, but not be limited to, all of the following information: (A) The date, time, and location of the communication. (B) (i) The identity of the person or persons initiating and the person or persons receiving the communication. (ii) The identity of the person on whose behalf the communication was made. (iii) The identity of all persons present during the communication. (C) A complete, comprehensive description of the content of the communication, including a complete set of all text and graphic material that was part of the communication. (2) The executive director shall place in the public record any report made pursuant to this section. SEC. 5 Section 30327.2 is added to the Public Resources Code, to read: 30327.2. (a) The commission shall adopt, at a duly noticed public hearing, a board policy that prohibits a commission member or alternate from using or attempting to use his or her official position to place undue influence, as defined by Section 1575 of the Civil Code, on commission staff. staff, including, but not limited to, the contents of staff reports. (b) This section shall not be construed to prohibit a commissioner or alternate from communicating with, or providing information to, commission staff members about matters before the commission. (c) A commission member or alternate who willfully violates subdivision (a) is forever disqualified from holding any position at the commission. (d) This section is intended to protect the public interest by ensuring that commission members and alternates do not unduly influence the contents of a staff report, analysis, or recommendation. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 5273.1 is added to the Business and Professions Code, to read: 5273.1. (a) Notwithstanding Section 5273 and the dissolution of a state redevelopment agency, and subject to subdivision (b), for purposes of this section, an advertising display location that advertised businesses and activities within the boundary limits of the City of Inglewood may continue to exist and advertise businesses or activities operating outside the redevelopment project area. It shall be considered an on-premises display, as defined in Section 5490, if the advertising display meets all of the following conditions: (1) The advertising display is located within the boundary limits of the City of Inglewood. (2) The advertising display was constructed on or before January 1, 2012. (3) The advertising display is adjacent to Interstate 405 and located at either postmile 22.36L or 22.38L north of Century Boulevard. (4) The advertising display does not cause the reduction of federal aid highway funds provided pursuant to Section 131 of Title 23 of the United States Code. If an advertising display authorized under this section is subject to a notice from the United States Department of Transportation, the Federal Highway Administration, or any other applicable federal agency to the state that the operation of that display will result in the reduction of federal aid highway funds as provided in Section 131 of Title 23 of the United States Code, the display owner or operator shall remove all advertising copy from the display within 60 days after the date the state notifies the owner or operator, and the City of Inglewood, by certified mail, of the receipt of the federal notice. Failure to remove the advertising copy pursuant to this paragraph shall result in a civil fine, imposed by the California Department of Transportation, of ten thousand dollars ($10,000) per day until the advertising copy is removed. The department shall not assume any liability in connection with the cessation of operation or removal of an advertising display or advertising copy pursuant to this paragraph. If the name of the owner or operator of the display is not indicated on the display, the state is only required to send the notice to the City of Inglewood. (b) An advertising display described in subdivision (a) may remain until January 1, 2023, after which date the display shall be removed, unless it otherwise qualifies as a lawful advertising display pursuant to this section, without the payment of any compensation to the owner or operator. On and after January 1, 2022, the City of Inglewood may for good cause request from the department an extension beyond January 1, 2023, not to exceed the expiration of the redevelopment project area. “Good cause” for these purposes means that all of the following are satisfied: (1) there has been a finding by the City of Inglewood that the advertising display has had a positive economic impact on the redevelopment project area and provides a public benefit, (2) there have been no violations by the display owner or operator of this section or of any applicable illumination standards in the previous 10 years that have not been corrected within 30 days of the date of mailing of a violation notice to the owner or operator by the department, and (3) there has been compliance by the owner and operator with all other standards adopted by the City of Inglewood or by the department. (c) The City of Inglewood shall be responsible for ensuring that an advertising display is consistent with this section and provides a public benefit. This provision shall not be construed to preclude any enforcement authority of the department under this chapter. (d) The City of Inglewood shall annually certify to the department, by December 31 of each year, that at least 10 percent of the advertising copy, up to a maximum of 100 square feet, is used to display the address or location or locations of the business or activity or to identify the route to the business or activity from the nearest freeway offramp. The department may independently review compliance with this certification. An advertising display subject to this section shall be removed if it is in violation of this section more than three times within a 10-year period and the violation has not been corrected within 30 days of the date of mailing of a violation notice to the owner or operator by the department. (e) The City of Inglewood shall have primary responsibility for ensuring that the advertising display authorized pursuant to this section remains in conformance with all of the provisions of this section. If the City of Inglewood fails to do so within 30 days of the date of mailing of a notice to the city by the department, the city shall hold the department harmless and indemnify the department for all costs incurred by the department to ensure compliance with this section or to defend actions challenging the authorization of displays pursuant to this section. 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. SEC. 3. Due to unique circumstances concerning the location of the advertising displays, or proposed advertising displays, set forth in this act and the need for advertising in that location, it is necessary that an exemption from some of the provisions of the Outdoor Advertising Act be provided for those displays, and the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.

Existing law, the Outdoor Advertising Act, provides for the regulation by the Department of Transportation of advertising displays, as defined, within view of public highways. The act regulates the placement of off-premises advertising displays along highways that generally advertise business conducted or services rendered or goods produced or sold at a location other than the property upon which the display is located. A violation of the act is a crime. The act also provides that an advertising display advertising businesses and activities developed within the boundary limits of, and as a part of, an individual redevelopment agency project, as those project boundaries existed on December 29, 2011, may remain and be considered an on-premises display, until January 1, 2023, if the advertising display meets specified criteria. The act further authorizes, on and after January 1, 2022, the applicable city, county, or city and county to request from the department an extension for good cause, as specified, beyond January 1, 2023, not to exceed the expiration of the redevelopment project area. This bill would authorize under similar provisions the advertising of businesses or activities operating outside a redevelopment project area but within the boundaries of the City of Inglewood. The bill would impose certain duties on the City of Inglewood regarding advertising displays. By increasing the level of service provided by the city, the bill would impose a state-mandated local program. The bill would also make findings and declarations as to the need for a special statute relating to the City of Inglewood. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 5273.1 is added to the Business and Professions Code, to read: 5273.1. (a) Notwithstanding Section 5273 and the dissolution of a state redevelopment agency, and subject to subdivision (b), for purposes of this section, an advertising display location that advertised businesses and activities within the boundary limits of the City of Inglewood may continue to exist and advertise businesses or activities operating outside the redevelopment project area. It shall be considered an on-premises display, as defined in Section 5490, if the advertising display meets all of the following conditions: (1) The advertising display is located within the boundary limits of the City of Inglewood. (2) The advertising display was constructed on or before January 1, 2012. (3) The advertising display is adjacent to Interstate 405 and located at either postmile 22.36L or 22.38L north of Century Boulevard. (4) The advertising display does not cause the reduction of federal aid highway funds provided pursuant to Section 131 of Title 23 of the United States Code. If an advertising display authorized under this section is subject to a notice from the United States Department of Transportation, the Federal Highway Administration, or any other applicable federal agency to the state that the operation of that display will result in the reduction of federal aid highway funds as provided in Section 131 of Title 23 of the United States Code, the display owner or operator shall remove all advertising copy from the display within 60 days after the date the state notifies the owner or operator, and the City of Inglewood, by certified mail, of the receipt of the federal notice. Failure to remove the advertising copy pursuant to this paragraph shall result in a civil fine, imposed by the California Department of Transportation, of ten thousand dollars ($10,000) per day until the advertising copy is removed. The department shall not assume any liability in connection with the cessation of operation or removal of an advertising display or advertising copy pursuant to this paragraph. If the name of the owner or operator of the display is not indicated on the display, the state is only required to send the notice to the City of Inglewood. (b) An advertising display described in subdivision (a) may remain until January 1, 2023, after which date the display shall be removed, unless it otherwise qualifies as a lawful advertising display pursuant to this section, without the payment of any compensation to the owner or operator. On and after January 1, 2022, the City of Inglewood may for good cause request from the department an extension beyond January 1, 2023, not to exceed the expiration of the redevelopment project area. “Good cause” for these purposes means that all of the following are satisfied: (1) there has been a finding by the City of Inglewood that the advertising display has had a positive economic impact on the redevelopment project area and provides a public benefit, (2) there have been no violations by the display owner or operator of this section or of any applicable illumination standards in the previous 10 years that have not been corrected within 30 days of the date of mailing of a violation notice to the owner or operator by the department, and (3) there has been compliance by the owner and operator with all other standards adopted by the City of Inglewood or by the department. (c) The City of Inglewood shall be responsible for ensuring that an advertising display is consistent with this section and provides a public benefit. This provision shall not be construed to preclude any enforcement authority of the department under this chapter. (d) The City of Inglewood shall annually certify to the department, by December 31 of each year, that at least 10 percent of the advertising copy, up to a maximum of 100 square feet, is used to display the address or location or locations of the business or activity or to identify the route to the business or activity from the nearest freeway offramp. The department may independently review compliance with this certification. An advertising display subject to this section shall be removed if it is in violation of this section more than three times within a 10-year period and the violation has not been corrected within 30 days of the date of mailing of a violation notice to the owner or operator by the department. (e) The City of Inglewood shall have primary responsibility for ensuring that the advertising display authorized pursuant to this section remains in conformance with all of the provisions of this section. If the City of Inglewood fails to do so within 30 days of the date of mailing of a notice to the city by the department, the city shall hold the department harmless and indemnify the department for all costs incurred by the department to ensure compliance with this section or to defend actions challenging the authorization of displays pursuant to this section. 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. SEC. 3. Due to unique circumstances concerning the location of the advertising displays, or proposed advertising displays, set forth in this act and the need for advertising in that location, it is necessary that an exemption from some of the provisions of the Outdoor Advertising Act be provided for those displays, and the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution. ### Summary: This bill would exempt certain advertising displays in the City of Inglewood from the Outdoor Advertising Act. ### Fiscal Effect: No fiscal effect. ### Related

The people of the State of California do enact as follows: SECTION 1. Section 25417.5 of the Public Resources Code is amended to read: 25417.5. (a) In furtherance of the purposes of the commission as set forth in this chapter, the commission has the power and authority to do all of the following: (1) Borrow money, for the purpose of obtaining funds to make loans pursuant to this chapter, from the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, and the California Consumer Power and Conservation Financing Authority from the proceeds of revenue bonds issued by any of those agencies. (2) Pledge collateral to secure the repayment of moneys borrowed pursuant to paragraph (1) or of bonds or other borrowings by the California Infrastructure and Economic Development Bank. The commission may pledge, as collateral for these purposes, the loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440) or the principal and interest payments on loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440). These pledges shall be subject to Chapter 5.5 (commencing with Section 5450) of Division 6 of Title 1 of the Government Code. (3) Sell loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440), at prices determined in the sole discretion of the commission, to the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, and the California Consumer Power and Conservation Financing Authority to raise funds to enable the commission to make loans to eligible institutions. (4) Enter into loan agreements or other contracts necessary or appropriate in connection with the pledge or sale of loans pursuant to paragraph (2) or (3), or the borrowing of money as provided in paragraph (1), containing any provisions that may be required by the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, or the California Consumer Power and Conservation Financing Authority as conditions of issuing bonds to fund loans to, or the purchase of loans from, the commission. (b) In connection with the pledging of loans, or of the principal and interest payment on loans, pursuant to paragraph (2) of subdivision (a), the commission may enter into pledge agreements setting forth the terms and conditions pursuant to which the commission is pledging loans or the principal and interest payment on loans, including the pledging of loans or the principal and interest payment on loans as collateral to secure the repayment of bonds or other borrowings by the California Infrastructure and Economic Development Bank, and may also agree to have the loans held by bond trustees or by independent collateral or escrow agents and to direct that payments received on those loans be paid to those trustee, collateral, or escrow agents. (c) The commission may employ financial consultants, legal advisers, accountants, and other service providers, as may be necessary in its judgment, in connection with activities pursuant to this chapter. (d) Notwithstanding any other provision of law, this chapter provides a complete, separate, additional, and alternative method for implementing the measures authorized by this chapter, including the authority of the eligible institutions or local jurisdictions to have borrowed and to borrow in the future pursuant to loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440), and is supplemental and additional to powers conferred by other laws. SEC. 2. Section 25421 of the Public Resources Code is amended to read: 25421. (a) Except as provided in subdivision (b), this chapter shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2028, deletes or extends that date. (b) Except as specified in subdivisions (c) and (d), all loans outstanding as of January 1, 2028, shall continue to be repaid on a semiannual basis, as specified in Section 25415, until paid in full. All unexpended funds in the State Energy Conservation Assistance Account on January 1, 2028, and after that date, shall revert to the General Fund. (c) To the extent required under applicable bond obligations, unexpended funds from the proceeds of bonds sold pursuant to Section 25417.5 that remain in the State Energy Conservation Assistance Account on January 1, 2028, shall remain in the account. These funds shall be expended pursuant to the applicable requirements for bond proceeds. Once all applicable bond obligations have been satisfied, unexpended funds shall revert to the General Fund. (d) Unexpended funds from the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) remaining in the State Energy Conservation Assistance Account on January 1, 2028, shall revert to the Federal Trust Fund.

Existing law requires the State Energy Resources Conservation and Development Commission to administer the State Energy Conservation Assistance Account, a continuously appropriated account in the General Fund, to provide grants and loans, until January 1, 2018, to schools, hospitals, public care institutions, and local governments to maximize energy use savings. For this purpose, existing law authorizes the commission, among other things, to borrow moneys from specified entities, including the California Infrastructure and Economic Development Bank, as specified, and pledge specified loans or the principal and interest payments on those loans to provide collateral in connection with those borrowed moneys. Existing law also authorizes the commission to enter into pledge agreements setting forth the terms and conditions pursuant to which the commission is making those pledges. This bill would extend the operation of all of those provisions to January 1, 2028, and would thereby make an appropriation by extending the time during which the funds deposited in a continuously appropriated account are made available for expenditure. The bill would authorize the commission to pledge collateral to secure the repayment of bonds or other borrowings by the California Infrastructure and Economic Development Bank. The bill would also expressly authorize the commission to enter into pledge agreements pursuant to which the commission is pledging collateral to secure the repayment of bonds or other borrowings by the California Infrastructure and Economic Development Bank.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 25417.5 of the Public Resources Code is amended to read: 25417.5. (a) In furtherance of the purposes of the commission as set forth in this chapter, the commission has the power and authority to do all of the following: (1) Borrow money, for the purpose of obtaining funds to make loans pursuant to this chapter, from the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, and the California Consumer Power and Conservation Financing Authority from the proceeds of revenue bonds issued by any of those agencies. (2) Pledge collateral to secure the repayment of moneys borrowed pursuant to paragraph (1) or of bonds or other borrowings by the California Infrastructure and Economic Development Bank. The commission may pledge, as collateral for these purposes, the loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440) or the principal and interest payments on loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440). These pledges shall be subject to Chapter 5.5 (commencing with Section 5450) of Division 6 of Title 1 of the Government Code. (3) Sell loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440), at prices determined in the sole discretion of the commission, to the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, and the California Consumer Power and Conservation Financing Authority to raise funds to enable the commission to make loans to eligible institutions. (4) Enter into loan agreements or other contracts necessary or appropriate in connection with the pledge or sale of loans pursuant to paragraph (2) or (3), or the borrowing of money as provided in paragraph (1), containing any provisions that may be required by the California Economic Development Financing Authority, the California Infrastructure and Economic Development Bank, or the California Consumer Power and Conservation Financing Authority as conditions of issuing bonds to fund loans to, or the purchase of loans from, the commission. (b) In connection with the pledging of loans, or of the principal and interest payment on loans, pursuant to paragraph (2) of subdivision (a), the commission may enter into pledge agreements setting forth the terms and conditions pursuant to which the commission is pledging loans or the principal and interest payment on loans, including the pledging of loans or the principal and interest payment on loans as collateral to secure the repayment of bonds or other borrowings by the California Infrastructure and Economic Development Bank, and may also agree to have the loans held by bond trustees or by independent collateral or escrow agents and to direct that payments received on those loans be paid to those trustee, collateral, or escrow agents. (c) The commission may employ financial consultants, legal advisers, accountants, and other service providers, as may be necessary in its judgment, in connection with activities pursuant to this chapter. (d) Notwithstanding any other provision of law, this chapter provides a complete, separate, additional, and alternative method for implementing the measures authorized by this chapter, including the authority of the eligible institutions or local jurisdictions to have borrowed and to borrow in the future pursuant to loans made pursuant to this chapter or former Chapter 5.4 (commencing with Section 25440), and is supplemental and additional to powers conferred by other laws. SEC. 2. Section 25421 of the Public Resources Code is amended to read: 25421. (a) Except as provided in subdivision (b), this chapter shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2028, deletes or extends that date. (b) Except as specified in subdivisions (c) and (d), all loans outstanding as of January 1, 2028, shall continue to be repaid on a semiannual basis, as specified in Section 25415, until paid in full. All unexpended funds in the State Energy Conservation Assistance Account on January 1, 2028, and after that date, shall revert to the General Fund. (c) To the extent required under applicable bond obligations, unexpended funds from the proceeds of bonds sold pursuant to Section 25417.5 that remain in the State Energy Conservation Assistance Account on January 1, 2028, shall remain in the account. These funds shall be expended pursuant to the applicable requirements for bond proceeds. Once all applicable bond obligations have been satisfied, unexpended funds shall revert to the General Fund. (d) Unexpended funds from the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) remaining in the State Energy Conservation Assistance Account on January 1, 2028, shall revert to the Federal Trust Fund. ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 2541

The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares all of the following: (1) In order to create a statewide disaster preparedness, response, and recovery system and to facilitate the reach of local services to vulnerable populations, this act is established to expand 2-1-1 services to all areas of California that do not currently have access to this vital service. (2) 2-1-1 service is a free, accessible, three-digit telephone number that gives everyone in covered areas access to needed community services. First established in 2005, 2-1-1 service now covers 38 California counties. It is available 24 hours a day, seven days a week, allowing residents to access information about health and human services, emergency care, crisis intervention, and disaster preparedness, response, and recovery when they need it most. (3) 2-1-1 service is a natural hub for disaster-related information and plays a critical role during emergencies and disasters, such as fires, floods, earthquakes, terrorist attacks, and epidemics, reducing nonemergency call volume on 9-1-1 lines, which frees up emergency responders to deal with true life-or-death situations, thus leveraging local public safety resources. (4) 2-1-1 service also increases the reach of government, nonprofit, and community programs by offering callers information on and access to a variety of health and human services, rent and utility assistance, physical and mental health resources, employment opportunities, support for older Americans and persons with disabilities, and support for families with special needs. (5) 2-1-1 service call centers are staffed with highly trained specialists who have expertise in navigating the web of health and human services in a particular community and who have up-to-date information and guidance for callers in times of disaster. (6) 2-1-1 service call center specialists are able to answer calls in over 150 different languages; they are able to provide critical health information to otherwise hard-to-reach ethnic populations. (7) Twenty rural counties in California currently do not have access to 2-1-1 services, creating holes in referral services and disaster response capability. (b) It is the intent of the Legislature, in enacting this act, to facilitate the expansion of 2-1-1 services into those counties in California where they are lacking and to support a comprehensive statewide database that will connect all callers to the information and referrals they need. (c) It is the intent of the Legislature to facilitate access to disaster preparedness, response, and recovery information, and referral services, uniformly in the state, especially in hard-to-serve rural areas, through a universally available 2-1-1 telephone service. SEC. 2. Section 280 of the Public Utilities Code is amended to read: 280. (a) The commission shall develop, implement, and administer a program to advance universal service by providing discounted rates to qualifying schools maintaining kindergarten or any of grades 1 to 12, inclusive, community colleges, libraries, hospitals, health clinics, and community organizations, consistent with Chapter 278 of the Statutes of 1994. (b) There is hereby created the California Teleconnect Fund Administrative Committee, which is an advisory board to advise the commission regarding the development, implementation, and administration of a program to advance universal service by providing discounted rates to qualifying schools maintaining kindergarten or any of grades 1 to 12, inclusive, community colleges, libraries, hospitals, health clinics, and community organizations, consistent with Chapter 278 of the Statutes of 1994, and to carry out the program pursuant to the commission’s direction, control, and approval. (c) All revenues collected by telephone corporations in rates authorized by the commission to fund the program specified in subdivision (a) shall be submitted to the commission pursuant to a schedule established by the commission. The commission shall transfer the moneys received to the Controller for deposit in the California Teleconnect Fund Administrative Committee Fund. All interest earned by moneys in the fund shall be deposited in the fund. (d) Except as provided in subdivisions (e) and (g), moneys appropriated from the California Teleconnect Fund Administrative Committee Fund to the commission shall be utilized exclusively by the commission for the program specified in subdivision (a), including all costs of the board and the commission associated with the administration and oversight of the program and the fund. (e) Moneys loaned from the California Teleconnect Fund Administrative Committee Fund in the Budget Act of 2003 are subject to Section 16320 of the Government Code. If the commission determines a need for moneys in the California Teleconnect Fund Administrative Committee Fund, the commission shall notify the Director of Finance of the need, as specified in Section 16320 of the Government Code. The commission may not increase the rates authorized by the commission to fund the program specified in subdivision (b) while moneys loaned from the California Teleconnect Fund Administrative Committee Fund in the Budget Act of 2003 are outstanding unless both of the following conditions are satisfied: (1) The Director of Finance, after making a determination pursuant to subdivision (b) of Section 16320 of the Government Code, does not order repayment of all or a portion of any loan from the California Teleconnect Fund Administrative Committee Fund within 30 days of notification by the commission of the need for the moneys. (2) The commission notifies the Director of Finance and the Chairperson of the Joint Legislative Budget Committee in writing that it intends to increase the rates authorized by the commission to fund the program specified in subdivision (a). The notification required pursuant to this paragraph shall be made 30 days in advance of the intended rate increase. (f) Subdivision (e) shall become inoperative upon full repayment or discharge of all moneys loaned from the California Teleconnect Fund Administrative Committee Fund in the Budget Act of 2003. (g) (1) Consistent with Decision 11-09-016 (September 8, 2011) Decision Granting Authority to Provide Emergency Access to 211 Services in Counties and Localities Without Existing 211 Centers and to Appoint a 211 Lead Entity, if it determines that doing so is an appropriate use of funds collected from ratepayers, the commission may expend up to one million five hundred thousand dollars ($1,500,000) from the California Teleconnect Fund Administrative Committee Fund for one-time costs to help close 2-1-1 service gaps in counties lacking access to disaster preparedness, response, and recovery information and referral services, where technically feasible, through available 2-1-1 service. As the lead agency appointed by the commission in Decision 11-09-016, 2-1-1 California may apply to the commission for use of the funds in the counties that lack 2-1-1 service. If the commission determines that doing so is an appropriate use of funds collected from ratepayers, these costs may include local implementation of a coordinated database that is owned by a city or county to provide referrals to help with nonemergency aspects of disaster planning, recovery, and response. (2) This subdivision shall become inoperative on January 1, 2023.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. The Federal Communications Commission (FCC), pursuant to its existing authority over the North American Numbering Plan, has established several abbreviated dialing codes, including designating the number 9-1-1 for persons to dial to obtain emergency services, designating the number 3-1-1 for persons to dial for nonemergency police assistance, and designating the number 2-1-1 for persons to dial to obtain information about, and referral to, community social services. Pursuant to authority delegated by the FCC to state regulatory bodies and its existing statutory authority, the Public Utilities Commission has established procedures for implementing 2-1-1 dialing in California. This bill would state the intent of the Legislature to facilitate the expansion of 2-1-1 services into those counties in California where they are lacking and to support a comprehensive statewide database that will connect all callers to information and referrals they need. The bill would additionally state the intent of the Legislature to facilitate access to disaster preparedness, response, and recovery information, and referral services, uniformly in the state, especially in hard-to-serve rural areas, through a universally available telephone service. Existing law requires the commission to develop, implement, and administer a program to advance universal service by providing discounted rates to qualifying schools, community colleges, libraries, hospitals, health clinics, and community organizations. Existing law requires that all revenues collected by telephone corporations in rates authorized by the commission to fund this program be deposited in the California Teleconnect Fund Administrative Committee Fund. Existing law provides that moneys in the fund are held in trust and may be expended only upon appropriation in the annual Budget Act or upon supplemental appropriation and requires that all moneys appropriated to the commission from the fund be used exclusively for the program. If the commission determines that doing so is an appropriate use of funds collected from ratepayers, the bill would, until January 1, 2023, authorize the commission to expend up to $1,500,000 from the fund to help close 2-1-1 service gaps in counties lacking access to disaster preparedness, response, and recovery information and referral services, where technically feasible, through available 2-1-1 service.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares all of the following: (1) In order to create a statewide disaster preparedness, response, and recovery system and to facilitate the reach of local services to vulnerable populations, this act is established to expand 2-1-1 services to all areas of California that do not currently have access to this vital service. (2) 2-1-1 service is a free, accessible, three-digit telephone number that gives everyone in covered areas access to needed community services. First established in 2005, 2-1-1 service now covers 38 California counties. It is available 24 hours a day, seven days a week, allowing residents to access information about health and human services, emergency care, crisis intervention, and disaster preparedness, response, and recovery when they need it most. (3) 2-1-1 service is a natural hub for disaster-related information and plays a critical role during emergencies and disasters, such as fires, floods, earthquakes, terrorist attacks, and epidemics, reducing nonemergency call volume on 9-1-1 lines, which frees up emergency responders to deal with true life-or-death situations, thus leveraging local public safety resources. (4) 2-1-1 service also increases the reach of government, nonprofit, and community programs by offering callers information on and access to a variety of health and human services, rent and utility assistance, physical and mental health resources, employment opportunities, support for older Americans and persons with disabilities, and support for families with special needs. (5) 2-1-1 service call centers are staffed with highly trained specialists who have expertise in navigating the web of health and human services in a particular community and who have up-to-date information and guidance for callers in times of disaster. (6) 2-1-1 service call center specialists are able to answer calls in over 150 different languages; they are able to provide critical health information to otherwise hard-to-reach ethnic populations. (7) Twenty rural counties in California currently do not have access to 2-1-1 services, creating holes in referral services and disaster response capability. (b) It is the intent of the Legislature, in enacting this act, to facilitate the expansion of 2-1-1 services into those counties in California where they are lacking and to support a comprehensive statewide database that will connect all callers to the information and referrals they need. (c) It is the intent of the Legislature to facilitate access to disaster preparedness, response, and recovery information, and referral services, uniformly in the state, especially in hard-to-serve rural areas, through a universally available 2-1-1 telephone service. SEC. 2. Section 280 of the Public Utilities Code is amended to read: 280. (a) The commission shall develop, implement, and administer a program to advance universal service by providing discounted rates to qualifying schools maintaining kindergarten or any of grades 1 to 12, inclusive, community colleges, libraries, hospitals, health clinics, and community organizations, consistent with Chapter 278 of the Statutes of 1994. (b) There is hereby created the California Teleconnect Fund Administrative Committee, which is an advisory board to advise the commission regarding the development, implementation, and administration of a program to advance universal service by providing discounted rates to qualifying schools maintaining kindergarten or any of grades 1 to 12, inclusive, community colleges, libraries, hospitals, health clinics, and community organizations, consistent with Chapter 278 of the Statutes of 1994, and to carry out the program pursuant to the commission’s direction, control, and approval. (c) All revenues collected by telephone corporations in rates authorized by the commission to fund the program specified in subdivision (a) shall be submitted to the commission pursuant to a schedule established by the commission. The commission shall transfer the moneys received to the Controller for deposit in the California Teleconnect Fund Administrative Committee Fund. All interest earned by moneys in the fund shall be deposited in the fund. (d) Except as provided in subdivisions (e) and (g), moneys appropriated from the California Teleconnect Fund Administrative Committee Fund to the commission shall be utilized exclusively by the commission for the program specified in subdivision (a), including all costs of the board and the commission associated with the administration and oversight of the program and the fund. (e) Moneys loaned from the California Teleconnect Fund Administrative Committee Fund in the Budget Act of 2003 are subject to Section 16320 of the Government Code. If the commission determines a need for moneys in the California Teleconnect Fund Administrative Committee Fund, the commission shall notify the Director of Finance of the need, as specified in Section 16320 of the Government Code. The commission may not increase the rates authorized by the commission to fund the program specified in subdivision (b) while moneys loaned from the California Teleconnect Fund Administrative Committee Fund in the Budget Act of 2003 are outstanding unless both of the following conditions are satisfied: (1) The Director of Finance, after making a determination pursuant to subdivision (b) of Section 16320 of the Government Code, does not order repayment of all or a portion of any loan from the California Teleconnect Fund Administrative Committee Fund within 30 days of notification by the commission of the need for the moneys. (2) The commission notifies the Director of Finance and the Chairperson of the Joint Legislative Budget Committee in writing that it intends to increase the rates authorized by the commission to fund the program specified in subdivision (a). The notification required pursuant to this paragraph shall be made 30 days in advance of the intended rate increase. (f) Subdivision (e) shall become inoperative upon full repayment or discharge of all moneys loaned from the California Teleconnect Fund Administrative Committee Fund in the Budget Act of 2003. (g) (1) Consistent with Decision 11-09-016 (September 8, 2011) Decision Granting Authority to Provide Emergency Access to 211 Services in Counties and Localities Without Existing 211 Centers and to Appoint a 211 Lead Entity, if it determines that doing so is an appropriate use of funds collected from ratepayers, the commission may expend up to one million five hundred thousand dollars ($1,500,000) from the California Teleconnect Fund Administrative Committee Fund for one-time costs to help close 2-1-1 service gaps in counties lacking access to disaster preparedness, response, and recovery information and referral services, where technically feasible, through available 2-1-1 service. As the lead agency appointed by the commission in Decision 11-09-016, 2-1-1 California may apply to the commission for use of the funds in the counties that lack 2-1-1 service. If the commission determines that doing so is an appropriate use of funds collected from ratepayers, these costs may include local implementation of a coordinated database that is owned by a city or county to provide referrals to help with nonemergency aspects of disaster planning, recovery, and response. (2) This subdivision shall become inoperative on January 1, 2023. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The heading of Article 1.5 (commencing with Section 10506.4) of Chapter 2.1 of Part 2 of Division 2 of the Public Contract Code is amended to read: Article 1.5. Best Value Construction Contracting Pilot Program SEC. 2. Section 10506.4 of the Public Contract Code is amended to read: 10506.4. (a) This article provides the Best Value Construction Contracting Pilot Program for the Regents of the University of California for projects over one million dollars ($1,000,000). (b) The Regents of the University of California shall let any contract for a project pursuant to this article to the lowest responsible bidder or else reject all bids. (c) The lowest responsible bidder may be selected on the basis of the best value to the university, as defined in Section 10506.5. In order to implement this method of selection, the Regents of the University of California shall adopt and publish procedures and required guidelines for evaluating the qualifications of the bidders that ensure that best value selections by the university are conducted in a fair and impartial manner. These procedures and guidelines shall conform to the requirements of Sections 10506.6 and 10506.7 and shall be mandatory for the university when using best value selection. (d) If one or more of the bids is substantially equal to the lowest bid, and at least one of those bidders is a disadvantaged business enterprise, a women business enterprise, or a disabled veteran business enterprise, the regents may award the contract in accordance with the policies and procedures adopted pursuant to Section 10500.5. (e) If the regents deem it to be for the best interest of the university, the regents may, on the refusal or failure of the successful bidder for a project to execute a tendered contract, award it to the second lowest responsible bidder. If the second lowest bidder fails or refuses to execute the contract, the regents may likewise award it to the third lowest responsible bidder. SEC. 3. Section 10506.5 of the Public Contract Code is amended to read: 10506.5. For purposes of this article, the following definitions apply: (a) “Best value” means a procurement process whereby the lowest responsible bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications. (b) “Best value contract” means a contract entered into pursuant to the provisions of this article. (c) “Best value contractor” means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract. (d) “Demonstrated management competency” means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity. (e) “Financial condition” means the financial resources needed to perform the contract. The criteria used to evaluate a bidder’s financial condition shall include, at a minimum, capacity to obtain all required payment bonds, performance bonds, and liability insurance. (f) “Labor compliance” means the ability to comply with, and past performance with, contract and statutory requirements for the payment of wages and qualifications of the workforce. The criteria used to evaluate a bidder’s labor compliance shall include, as a minimum, the bidder’s ability to comply with the apprenticeship requirements of the California Apprenticeship Council and the Department of Industrial Relations, its past conformance with such requirements, and its past conformance with requirements to pay prevailing wages on public works projects. (g) “Qualifications” means financial condition, relevant experience, demonstrated management competency, labor compliance, the safety record of the bidder, and, if required by the bidding documents, some or all of the preceding qualifications as they pertain to subcontractors proposed to be used by the bidder for designated portions of the work. (h) “Relevant experience” means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity. (i) “Safety record” means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidder’s safety record shall include, as a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period. (j) “University” means all locations of the University of California. SEC. 4. Section 10506.8 of the Public Contract Code is repealed. SEC. 5. Section 10506.9 of the Public Contract Code is amended to read: 10506.9. This article 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. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

(1) Existing law authorizes, through January 1, 2017, a pilot program for the Regents of the University of California to contract for certain types of projects on the university of the University of California based on the best value procedures, as specified. Existing law defines the term “university” to mean the campuses of the University of California, including the medical centers. The law requires, on or before January 1, 2016, the Regents of the University of California to report to specific committees of the Legislature regarding the pilot program, including, among other information, a description of the projects awarded using the best value procedures. This bill would extend the provisions of the pilot program until January 1, 2018, and would repeal the reporting requirement. This bill would modify the definition of the term “university” to mean all locations of the University of California. (2) By extending the requirement that bidders verify specified information under oath, this bill would impose a state-mandated local program by expanding the scope of an existing crime. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The heading of Article 1.5 (commencing with Section 10506.4) of Chapter 2.1 of Part 2 of Division 2 of the Public Contract Code is amended to read: Article 1.5. Best Value Construction Contracting Pilot Program SEC. 2. Section 10506.4 of the Public Contract Code is amended to read: 10506.4. (a) This article provides the Best Value Construction Contracting Pilot Program for the Regents of the University of California for projects over one million dollars ($1,000,000). (b) The Regents of the University of California shall let any contract for a project pursuant to this article to the lowest responsible bidder or else reject all bids. (c) The lowest responsible bidder may be selected on the basis of the best value to the university, as defined in Section 10506.5. In order to implement this method of selection, the Regents of the University of California shall adopt and publish procedures and required guidelines for evaluating the qualifications of the bidders that ensure that best value selections by the university are conducted in a fair and impartial manner. These procedures and guidelines shall conform to the requirements of Sections 10506.6 and 10506.7 and shall be mandatory for the university when using best value selection. (d) If one or more of the bids is substantially equal to the lowest bid, and at least one of those bidders is a disadvantaged business enterprise, a women business enterprise, or a disabled veteran business enterprise, the regents may award the contract in accordance with the policies and procedures adopted pursuant to Section 10500.5. (e) If the regents deem it to be for the best interest of the university, the regents may, on the refusal or failure of the successful bidder for a project to execute a tendered contract, award it to the second lowest responsible bidder. If the second lowest bidder fails or refuses to execute the contract, the regents may likewise award it to the third lowest responsible bidder. SEC. 3. Section 10506.5 of the Public Contract Code is amended to read: 10506.5. For purposes of this article, the following definitions apply: (a) “Best value” means a procurement process whereby the lowest responsible bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications. (b) “Best value contract” means a contract entered into pursuant to the provisions of this article. (c) “Best value contractor” means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract. (d) “Demonstrated management competency” means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity. (e) “Financial condition” means the financial resources needed to perform the contract. The criteria used to evaluate a bidder’s financial condition shall include, at a minimum, capacity to obtain all required payment bonds, performance bonds, and liability insurance. (f) “Labor compliance” means the ability to comply with, and past performance with, contract and statutory requirements for the payment of wages and qualifications of the workforce. The criteria used to evaluate a bidder’s labor compliance shall include, as a minimum, the bidder’s ability to comply with the apprenticeship requirements of the California Apprenticeship Council and the Department of Industrial Relations, its past conformance with such requirements, and its past conformance with requirements to pay prevailing wages on public works projects. (g) “Qualifications” means financial condition, relevant experience, demonstrated management competency, labor compliance, the safety record of the bidder, and, if required by the bidding documents, some or all of the preceding qualifications as they pertain to subcontractors proposed to be used by the bidder for designated portions of the work. (h) “Relevant experience” means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity. (i) “Safety record” means the prior history concerning the safe performance of construction contracts. The criteria used to evaluate a bidder’s safety record shall include, as a minimum, its experience modification rate for the most recent three-year period, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period. (j) “University” means all locations of the University of California. SEC. 4. Section 10506.8 of the Public Contract Code is repealed. SEC. 5. Section 10506.9 of the Public Contract Code is amended to read: 10506.9. This article 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. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 12814.6 of the Vehicle Code is amended to read: 12814.6. (a) Except as provided in Section 12814.7, a driver’s license issued to a person at least 16 years of age but under 21 years of age shall be issued pursuant to the provisional licensing program contained in this section. The program shall consist of all of the following components: (1) Upon application for an original license, the applicant shall be issued an instruction permit pursuant to Section 12509. A person who has in his or her immediate possession a valid permit issued pursuant to Section 12509 may operate a motor vehicle, other than a motorcycle or motorized bicycle, only when the person is either taking the driver training instruction referred to in paragraph (3) or practicing that instruction, provided the person is accompanied by, and is under the immediate supervision of, a California licensed driver 25 years of age or older whose driving privilege is not on probation. The age requirement of this paragraph does not apply if the licensed driver is the parent, spouse, or guardian of the permitholder or is a licensed or certified driving instructor. (2) The person shall hold an instruction permit for not less than six months prior to applying for a provisional driver’s license. (3) The person shall have complied with one of the following: (A) Satisfactory completion of approved courses in automobile driver education and driver training maintained pursuant to provisions of the Education Code in any secondary school of California, or equivalent instruction in a secondary school of another state. (B) Satisfactory completion of an integrated driver education and training program that is approved by the department and conducted by a driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5. The program shall utilize segmented modules, whereby a portion of the educational instruction is provided by, and then reinforced through, specific behind-the-wheel training before moving to the next phase of driver education and training. The program shall contain a minimum of 30 hours of classroom instruction and six hours of behind-the-wheel training. (C) Satisfactory completion of six hours or more of behind-the-wheel instruction by a driving school or an independent driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 and either an accredited course in automobile driver education in any secondary school of California pursuant to provisions of the Education Code or satisfactory completion of equivalent professional instruction acceptable to the department. To be acceptable to the department, the professional instruction shall meet minimum standards to be prescribed by the department, and the standards shall be at least equal to the requirements for driver education and driver training contained in the rules and regulations adopted by the State Board of Education pursuant to the Education Code. A person who has complied with this subparagraph shall not be required by the governing board of a school district to comply with subparagraph (A) in order to graduate from high school. (D) Except as provided under subparagraph (B), a student shall not take driver training instruction, unless he or she has successfully completed driver education. (4) The person shall complete 50 hours of supervised driving practice prior to the issuance of a provisional license, which is in addition to any other driver training instruction required by law. Not less than 10 of the required practice hours shall include driving during darkness, as defined in Section 280. Upon application for a provisional license, the person shall submit to the department the certification of a parent, spouse, guardian, or licensed or certified driving instructor that the applicant has completed the required amount of driving practice and is prepared to take the department’s driving test. A person without a parent, spouse, guardian, or who is an emancipated minor, may have a licensed driver 25 years of age or older or a licensed or certified driving instructor complete the certification. This requirement does not apply to motorcycle practice. (5) The person shall successfully complete an examination required by the department. Before retaking a test, the person shall wait for not less than one week after failure of the written test and for not less than two weeks after failure of the driving test. (b) Except as provided in Section 12814.7, the provisional driver’s license shall be subject to all of the following restrictions: (1) Except as specified in paragraph (2), during the first 12 months after issuance of a provisional license the licensee shall not do any of the following unless accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor: (A) Drive between the hours of 11 p.m. and 5 a.m. (B) Transport passengers who are under 20 years of age. (2) A licensee may drive between the hours of 11 p.m. and 5 a.m. or transport an immediate family member without being accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor, in the following circumstances: (A) Medical necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary. The licensee shall keep in his or her possession a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the necessity. (B) Schooling School or school-authorized activities of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary. (i) The licensee shall keep in his or her possession a signed statement from the school principal, dean, or school staff member designated by the principal or dean, containing a probable date that the schooling school or school-authorized activity will have been completed. (ii) A licensee who is 18, 19, or 20 years of age may keep in his or her possession a copy of his or her class schedule as documentation to satisfy clause (i). (C) Employment necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary. (i) The licensee shall keep in his or her possession a signed statement from the employer, verifying employment and containing a probable date that the employment will have been completed. (ii) A licensee who is 18, 19, or 20 years of age may keep in his or her possession a copy of his or her work schedule as documentation to satisfy clause (i). (D) Necessity of the licensee or the licensee’s immediate family member when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary to transport the licensee or the licensee’s immediate family member. The licensee shall keep in his or her possession a signed statement from a parent or legal guardian verifying the reason and containing a probable date that the necessity will have ceased. If reasonable transportation facilities are inadequate and operation of a vehicle by a licensee who is 18, 19, or 20 years of age is necessary to transport the licensee or the licensee’s immediate family member, a signed statement by a parent or legal guardian is not required. (E) The licensee is an emancipated minor. (c) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of the restrictions imposed under subdivision (b). (d) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether a driver who is subject to the license restrictions in subdivision (b) is in violation of Article 2.5 (commencing with Section 118947) of Chapter 4 of Part 15 of Division 104 of the Health and Safety Code. (e) (1) Upon a finding that any licensee has violated paragraph (1) of subdivision (b), the court shall impose one of the following: (A) Not less than eight hours nor more than 16 hours of community service for a first offense and not less than 16 hours nor more than 24 hours of community service for a second or subsequent offense. (B) A fine of not more than thirty-five dollars ($35) for a first offense and a fine of not more than fifty dollars ($50) for a second or subsequent offense. (2) If the court orders community service, the court shall retain jurisdiction until the hours of community service have been completed. (3) If the hours of community service have not been completed within 90 days, the court shall impose a fine of not more than thirty-five dollars ($35) for a first offense and not more than fifty dollars ($50) for a second or subsequent offense. (f) A conviction of paragraph (1) of subdivision (b), when reported to the department, shall not be disclosed as otherwise specified in Section 1808 or constitute a violation point count value pursuant to Section 12810. (g) Any term of restriction or suspension of the driving privilege imposed on a person pursuant to this subdivision shall remain in effect until the end of the term even though the person becomes 21 years of age before the term ends. (1) The driving privilege shall be suspended when the record of the person shows one or more notifications issued pursuant to Section 40509 or 40509.5. The suspension shall continue until any notification issued pursuant to Section 40509 or 40509.5 has been cleared. (2) A 30-day restriction shall be imposed when a driver’s record shows a violation point count of two or more points in 12 months, as determined in accordance with Section 12810. The restriction shall require the licensee to be accompanied by a licensed parent, spouse, guardian, or other licensed driver 25 years of age or older, except when operating a class M vehicle, or so licensed, with no passengers aboard. (3) A six-month suspension of the driving privilege and a one-year term of probation shall be imposed whenever a licensee’s record shows a violation point count of three or more points in 12 months, as determined in accordance with Section 12810. The terms and conditions of probation shall include, but not be limited to, both of the following: (A) The person shall not violate any law that, if resulting in conviction, is reportable to the department under Section 1803. (B) The person shall remain free from accident responsibility. (h) Whenever action by the department under subdivision (g) arises as a result of a motor vehicle accident, the person may, in writing and within 10 days, demand a hearing to present evidence that he or she was not responsible for the accident upon which the action is based. Whenever action by the department is based upon a conviction reportable to the department under Section 1803, the person has no right to a hearing pursuant to Article 3 (commencing with Section 14100) of Chapter 3. (i) The department shall require a person whose driving privilege is suspended or revoked pursuant to subdivision (g) to submit proof of financial responsibility as defined in Section 16430. The proof of financial responsibility shall be filed on or before the date of reinstatement following the suspension or revocation. The proof of financial responsibility shall be maintained with the department for three years following the date of reinstatement. (j) (1) Notwithstanding any other provision of this code, the department may issue a distinctive driver’s license, that displays a distinctive color or a distinctively colored stripe or other distinguishing characteristic, to persons at least 16 years of age and older but under 18 years of age, and to persons 18 years of age and older but under 21 years of age, so that the distinctive license feature is immediately recognizable. The features shall clearly differentiate between driver’s licenses issued to persons at least 16 years of age or older but under 18 years of age and to persons 18 years of age or older but under 21 years of age. (2) If changes in the format or appearance of driver’s licenses are adopted pursuant to this subdivision, those changes may be implemented under any new contract for the production of driver’s licenses entered into after the adoption of those changes. (k) The department shall include, on the face of the provisional driver’s license, the original issuance date of the provisional driver’s license in addition to any other issuance date. (l) This section shall be known and may be cited as the Brady-Jared Teen Driver Safety Act of 1997. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Existing law, the Brady-Jared Teen Driver Safety Act of 1997, establishes a provisional licensing program and generally requires that a driver’s license issued to a person at least 16 years of age but under 18 years of age be issued pursuant to that provisional licensing program. During the first 12 months after issuance of a provisional license, existing law prohibits the licensee from driving between the hours of 11 p.m. and 5 a.m. and transporting passengers who are under 20 years of age, unless he or she is accompanied and supervised by a licensed driver, as specified, or a licensed or certified driving instructor. Existing law provides limited exceptions to these restrictions under which a licensee is authorized to drive under specified circumstances, including a schooling school or school-authorized activity or an employment necessity, and requires the licensee to keep certain supporting documentation in his or her possession. A violation of these provisions is punishable as an infraction. This bill would expand the scope of the provisional licensing program by extending the applicable age range for the program from 16 to under 18 years of age to 16 to under 21 years of age. By expanding the scope of the provisional licensing program, the violation of which constitutes an infraction, the bill would impose a state-mandated local program. The bill would authorize a licensee who is 18, 19, or 20 years of age to keep in his or her possession a copy of his or her class schedule or work schedule as documentation to satisfy the exceptions for schooling a school or school-authorized activity and employment necessity, respectively, and would provide that a signed statement by a parent or legal guardian is not required if reasonable transportation facilities are inadequate and the operation of a vehicle by a licensee who is 18, 19, or 20 years of age is necessary to transport the licensee or the licensee’s immediate family member. The bill would make other technical 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.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 12814.6 of the Vehicle Code is amended to read: 12814.6. (a) Except as provided in Section 12814.7, a driver’s license issued to a person at least 16 years of age but under 21 years of age shall be issued pursuant to the provisional licensing program contained in this section. The program shall consist of all of the following components: (1) Upon application for an original license, the applicant shall be issued an instruction permit pursuant to Section 12509. A person who has in his or her immediate possession a valid permit issued pursuant to Section 12509 may operate a motor vehicle, other than a motorcycle or motorized bicycle, only when the person is either taking the driver training instruction referred to in paragraph (3) or practicing that instruction, provided the person is accompanied by, and is under the immediate supervision of, a California licensed driver 25 years of age or older whose driving privilege is not on probation. The age requirement of this paragraph does not apply if the licensed driver is the parent, spouse, or guardian of the permitholder or is a licensed or certified driving instructor. (2) The person shall hold an instruction permit for not less than six months prior to applying for a provisional driver’s license. (3) The person shall have complied with one of the following: (A) Satisfactory completion of approved courses in automobile driver education and driver training maintained pursuant to provisions of the Education Code in any secondary school of California, or equivalent instruction in a secondary school of another state. (B) Satisfactory completion of an integrated driver education and training program that is approved by the department and conducted by a driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5. The program shall utilize segmented modules, whereby a portion of the educational instruction is provided by, and then reinforced through, specific behind-the-wheel training before moving to the next phase of driver education and training. The program shall contain a minimum of 30 hours of classroom instruction and six hours of behind-the-wheel training. (C) Satisfactory completion of six hours or more of behind-the-wheel instruction by a driving school or an independent driving instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 and either an accredited course in automobile driver education in any secondary school of California pursuant to provisions of the Education Code or satisfactory completion of equivalent professional instruction acceptable to the department. To be acceptable to the department, the professional instruction shall meet minimum standards to be prescribed by the department, and the standards shall be at least equal to the requirements for driver education and driver training contained in the rules and regulations adopted by the State Board of Education pursuant to the Education Code. A person who has complied with this subparagraph shall not be required by the governing board of a school district to comply with subparagraph (A) in order to graduate from high school. (D) Except as provided under subparagraph (B), a student shall not take driver training instruction, unless he or she has successfully completed driver education. (4) The person shall complete 50 hours of supervised driving practice prior to the issuance of a provisional license, which is in addition to any other driver training instruction required by law. Not less than 10 of the required practice hours shall include driving during darkness, as defined in Section 280. Upon application for a provisional license, the person shall submit to the department the certification of a parent, spouse, guardian, or licensed or certified driving instructor that the applicant has completed the required amount of driving practice and is prepared to take the department’s driving test. A person without a parent, spouse, guardian, or who is an emancipated minor, may have a licensed driver 25 years of age or older or a licensed or certified driving instructor complete the certification. This requirement does not apply to motorcycle practice. (5) The person shall successfully complete an examination required by the department. Before retaking a test, the person shall wait for not less than one week after failure of the written test and for not less than two weeks after failure of the driving test. (b) Except as provided in Section 12814.7, the provisional driver’s license shall be subject to all of the following restrictions: (1) Except as specified in paragraph (2), during the first 12 months after issuance of a provisional license the licensee shall not do any of the following unless accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor: (A) Drive between the hours of 11 p.m. and 5 a.m. (B) Transport passengers who are under 20 years of age. (2) A licensee may drive between the hours of 11 p.m. and 5 a.m. or transport an immediate family member without being accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor, in the following circumstances: (A) Medical necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary. The licensee shall keep in his or her possession a signed statement from a physician familiar with the condition, containing a diagnosis and probable date when sufficient recovery will have been made to terminate the necessity. (B) Schooling School or school-authorized activities of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary. (i) The licensee shall keep in his or her possession a signed statement from the school principal, dean, or school staff member designated by the principal or dean, containing a probable date that the schooling school or school-authorized activity will have been completed. (ii) A licensee who is 18, 19, or 20 years of age may keep in his or her possession a copy of his or her class schedule as documentation to satisfy clause (i). (C) Employment necessity of the licensee when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary. (i) The licensee shall keep in his or her possession a signed statement from the employer, verifying employment and containing a probable date that the employment will have been completed. (ii) A licensee who is 18, 19, or 20 years of age may keep in his or her possession a copy of his or her work schedule as documentation to satisfy clause (i). (D) Necessity of the licensee or the licensee’s immediate family member when reasonable transportation facilities are inadequate and operation of a vehicle by a licensee is necessary to transport the licensee or the licensee’s immediate family member. The licensee shall keep in his or her possession a signed statement from a parent or legal guardian verifying the reason and containing a probable date that the necessity will have ceased. If reasonable transportation facilities are inadequate and operation of a vehicle by a licensee who is 18, 19, or 20 years of age is necessary to transport the licensee or the licensee’s immediate family member, a signed statement by a parent or legal guardian is not required. (E) The licensee is an emancipated minor. (c) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of the restrictions imposed under subdivision (b). (d) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether a driver who is subject to the license restrictions in subdivision (b) is in violation of Article 2.5 (commencing with Section 118947) of Chapter 4 of Part 15 of Division 104 of the Health and Safety Code. (e) (1) Upon a finding that any licensee has violated paragraph (1) of subdivision (b), the court shall impose one of the following: (A) Not less than eight hours nor more than 16 hours of community service for a first offense and not less than 16 hours nor more than 24 hours of community service for a second or subsequent offense. (B) A fine of not more than thirty-five dollars ($35) for a first offense and a fine of not more than fifty dollars ($50) for a second or subsequent offense. (2) If the court orders community service, the court shall retain jurisdiction until the hours of community service have been completed. (3) If the hours of community service have not been completed within 90 days, the court shall impose a fine of not more than thirty-five dollars ($35) for a first offense and not more than fifty dollars ($50) for a second or subsequent offense. (f) A conviction of paragraph (1) of subdivision (b), when reported to the department, shall not be disclosed as otherwise specified in Section 1808 or constitute a violation point count value pursuant to Section 12810. (g) Any term of restriction or suspension of the driving privilege imposed on a person pursuant to this subdivision shall remain in effect until the end of the term even though the person becomes 21 years of age before the term ends. (1) The driving privilege shall be suspended when the record of the person shows one or more notifications issued pursuant to Section 40509 or 40509.5. The suspension shall continue until any notification issued pursuant to Section 40509 or 40509.5 has been cleared. (2) A 30-day restriction shall be imposed when a driver’s record shows a violation point count of two or more points in 12 months, as determined in accordance with Section 12810. The restriction shall require the licensee to be accompanied by a licensed parent, spouse, guardian, or other licensed driver 25 years of age or older, except when operating a class M vehicle, or so licensed, with no passengers aboard. (3) A six-month suspension of the driving privilege and a one-year term of probation shall be imposed whenever a licensee’s record shows a violation point count of three or more points in 12 months, as determined in accordance with Section 12810. The terms and conditions of probation shall include, but not be limited to, both of the following: (A) The person shall not violate any law that, if resulting in conviction, is reportable to the department under Section 1803. (B) The person shall remain free from accident responsibility. (h) Whenever action by the department under subdivision (g) arises as a result of a motor vehicle accident, the person may, in writing and within 10 days, demand a hearing to present evidence that he or she was not responsible for the accident upon which the action is based. Whenever action by the department is based upon a conviction reportable to the department under Section 1803, the person has no right to a hearing pursuant to Article 3 (commencing with Section 14100) of Chapter 3. (i) The department shall require a person whose driving privilege is suspended or revoked pursuant to subdivision (g) to submit proof of financial responsibility as defined in Section 16430. The proof of financial responsibility shall be filed on or before the date of reinstatement following the suspension or revocation. The proof of financial responsibility shall be maintained with the department for three years following the date of reinstatement. (j) (1) Notwithstanding any other provision of this code, the department may issue a distinctive driver’s license, that displays a distinctive color or a distinctively colored stripe or other distinguishing characteristic, to persons at least 16 years of age and older but under 18 years of age, and to persons 18 years of age and older but under 21 years of age, so that the distinctive license feature is immediately recognizable. The features shall clearly differentiate between driver’s licenses issued to persons at least 16 years of age or older but under 18 years of age and to persons 18 years of age or older but under 21 years of age. (2) If changes in the format or appearance of driver’s licenses are adopted pursuant to this subdivision, those changes may be implemented under any new contract for the production of driver’s licenses entered into after the adoption of those changes. (k) The department shall include, on the face of the provisional driver’s license, the original issuance date of the provisional driver’s license in addition to any other issuance date. (l) This section shall be known and may be cited as the Brady-Jared Teen Driver Safety Act of 1997. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: This bill would amend Section 12814.6 of the Vehicle Code to require the department to include on the face of the provisional driver’s

The people of the State of California do enact as follows: SECTION 1. Section 4652.5 of the Welfare and Institutions Code is amended to read: 4652.5. (a) (1) An entity that receives payments from one or more regional centers shall contract with an independent accounting firm to obtain an independent audit or independent review report of its financial statements relating to payments made by regional centers, subject to both of the following: (A) If the amount received from the regional center or regional centers during the entity’s fiscal year is more than or equal to five hundred thousand dollars ($500,000), but less than two million dollars ($2,000,000), the entity shall obtain an independent review report of its financial statements for the period. Consistent with Subchapter 21 (commencing with Section 58800) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, this subdivision shall also apply to work activity program providers receiving less than five hundred thousand dollars ($500,000). (B) If the amount received from the regional center or regional centers during the entity’s fiscal year is equal to or more than two million dollars ($2,000,000), the entity shall obtain an independent audit of its financial statements for the period. (2) This requirement does not apply to payments made using usual and customary rates, as defined by Title 17 of the California Code of Regulations, for services provided by regional centers. (3) This requirement does not apply to state and local governmental agencies, the University of California, or the California State University. (b) An entity subject to subdivision (a) shall provide copies of the independent audit or independent review report required by subdivision (a), and accompanying management letters, to the vendoring regional center within nine months of the end of the fiscal year for the entity. (c) Regional centers that receive the audit or review reports required by subdivision (b) shall review and require resolution by the entity for issues identified in the report that have an impact on regional center services. Regional centers shall take appropriate action, up to termination of vendorization, for lack of adequate resolution of issues. (d) (1) Regional centers shall notify the department of all qualified opinion reports or reports noting significant issues that directly or indirectly impact regional center services within 30 days after receipt. Notification shall include a plan for resolution of issues. (2) A regional center shall submit copies of all independent audit reports that it receives to the department for review. The department shall compile data, by regional center, on vendor compliance with audit requirements and opinions resulting from audit reports and shall annually publish the data in the performance dashboard developed pursuant to Section 4572. (e) For purposes of this section, an independent review of financial statements shall be performed by an independent accounting firm and shall cover, at a minimum, all of the following: (1) An inquiry as to the entity’s accounting principles and practices and methods used in applying them. (2) An inquiry as to the entity’s procedures for recording, classifying, and summarizing transactions and accumulating information. (3) Analytical procedures designed to identify relationships or items that appear to be unusual. (4) An inquiry about budgetary actions taken at meetings of the board of directors or other comparable meetings. (5) An inquiry about whether the financial statements have been properly prepared in conformity with generally accepted accounting principles and whether any events subsequent to the date of the financial statements would have a material effect on the statements under review. (6) Working papers prepared in connection with a review of financial statements describing the items covered as well as any unusual items, including their disposition. (f) For purposes of this section, an independent review report shall cover, at a minimum, all of the following: (1) Certification that the review was performed in accordance with standards established by the American Institute of Certified Public Accountants. (2) Certification that the statements are the representations of management. (3) Certification that the review consisted of inquiries and analytical procedures that are lesser in scope than those of an audit. (4) Certification that the accountant is not aware of any material modifications that need to be made to the statements for them to be in conformity with generally accepted accounting principles. (g) The department shall not consider a request for adjustments to rates submitted in accordance with Title 17 of the California Code of Regulations by an entity receiving payments from one or more regional centers solely to fund either anticipated or unanticipated changes required to comply with this section. (h) (1) An entity required to obtain an independent review report of its financial statement pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may apply to the regional center for, and the regional center shall grant, a two-year exemption from the independent review report requirement if the regional center does not find issues in the prior year’s independent review report that have an impact on regional center services. (2) An entity required to obtain an independent audit of its financial statements pursuant to subparagraph (B) of paragraph (1) of subdivision (a) may apply to the regional center for an exemption from the independent audit requirement, subject to both of the following conditions: (A) If the independent audit for the prior year resulted in an unmodified opinion or an unmodified opinion with additional communication, the regional center shall grant the entity a two-year exemption. (B) If the independent audit for the prior year resulted in a qualified opinion and the issues are not material, the regional center shall grant the entity a two-year exemption. The entity and the regional center shall continue to address issues raised in this independent audit, regardless of whether the exemption is granted. (3) A regional center shall annually report to the department any exemptions granted pursuant to this subdivision. (i) 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 4652.5 is added to the Welfare and Institutions Code, to read: 4652.5. (a) (1) An entity that receives payments from one or more regional centers shall contract with an independent accounting firm to obtain an independent audit or independent review report of its financial statements relating to payments made by regional centers, subject to both of the following: (A) If the amount received from the regional center or regional centers during each state fiscal year is more than or equal to five hundred thousand dollars ($500,000), but less than two million dollars ($2,000,000), the entity shall obtain an independent review report of its financial statements for the entity’s fiscal year that includes the last day of the most recent state fiscal year. Consistent with Subchapter 21 (commencing with Section 58800) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, this subdivision shall also apply to work activity program providers receiving less than five hundred thousand dollars ($500,000). (B) If the amount received from the regional center or regional centers during each state fiscal year is equal to or more than two million dollars ($2,000,000), the entity shall obtain an independent audit of its financial statements for the entity’s fiscal year that includes the last day of the most recent state fiscal year. (2) This requirement does not apply to payments made using usual and customary rates, as defined by Title 17 of the California Code of Regulations, for services provided by regional centers. (3) This requirement does not apply to state and local governmental agencies, the University of California, or the California State University. (b) An entity subject to subdivision (a) shall provide copies of the independent audit or independent review report required by subdivision (a), and accompanying management letters, to the vendoring regional center within nine months of the end of the entity’s fiscal year. (c) Regional centers that receive the audit or review reports required by subdivision (b) shall review and require resolution by the entity for issues identified in the report that have an impact on regional center services. Regional centers shall take appropriate action, up to termination of vendorization, for lack of adequate resolution of issues. (d) (1) Regional centers shall notify the department of all qualified opinion reports or reports noting significant issues that directly or indirectly impact regional center services within 30 days after receipt. Notification shall include a plan for resolution of issues. (2) A regional center shall submit copies of all independent audit reports that it receives to the department for review. The department shall compile data, by regional center, on vendor compliance with audit requirements and opinions resulting from audit reports and shall annually publish the data in the performance dashboard developed pursuant to Section 4572. (e) For purposes of this section, an independent review of financial statements shall be performed by an independent accounting firm and shall cover, at a minimum, all of the following: (1) An inquiry as to the entity’s accounting principles and practices and methods used in applying them. (2) An inquiry as to the entity’s procedures for recording, classifying, and summarizing transactions and accumulating information. (3) Analytical procedures designed to identify relationships or items that appear to be unusual. (4) An inquiry about budgetary actions taken at meetings of the board of directors or other comparable meetings. (5) An inquiry about whether the financial statements have been properly prepared in conformity with generally accepted accounting principles and whether any events subsequent to the date of the financial statements would have a material effect on the statements under review. (6) Working papers prepared in connection with a review of financial statements describing the items covered as well as any unusual items, including their disposition. (f) For purposes of this section, an independent review report shall cover, at a minimum, all of the following: (1) Certification that the review was performed in accordance with standards established by the American Institute of Certified Public Accountants. (2) Certification that the statements are the representations of management. (3) Certification that the review consisted of inquiries and analytical procedures that are lesser in scope than those of an audit. (4) Certification that the accountant is not aware of any material modifications that need to be made to the statements for them to be in conformity with generally accepted accounting principles. (g) The department shall not consider a request for adjustments to rates submitted in accordance with Title 17 of the California Code of Regulations by an entity receiving payments from one or more regional centers solely to fund either anticipated or unanticipated changes required to comply with this section. (h) (1) An entity required to obtain an independent review report of its financial statement pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may apply to the regional center for, and the regional center shall grant, a two-year exemption from the independent review report requirement if the regional center does not find issues in the prior year’s independent review report that have an impact on regional center services. (2) An entity required to obtain an independent audit of its financial statements pursuant to subparagraph (B) of paragraph (1) of subdivision (a) may apply to the regional center for an exemption from the independent audit requirement, subject to both of the following conditions: (A) If the independent audit for the prior year resulted in an unmodified opinion or an unmodified opinion with additional communication, the regional center shall grant the entity a two-year exemption. (B) If the independent audit for the prior year resulted in a qualified opinion and the issues are not material, the regional center shall grant the entity a two-year exemption. The entity and the regional center shall continue to address issues raised in this independent audit, regardless of whether the exemption is granted. (3) A regional center shall annually report to the department any exemptions granted pursuant to this subdivision. (i) This section shall become operative on January 1, 2018.

Under existing law, the Lanterman Developmental Disabilities Services Act, the State Department of Developmental Services is authorized to contract with regional centers to provide services and supports to individuals with developmental disabilities. Existing law requires an entity that receives payments from one or more regional centers to obtain an independent audit or independent review report of its financial statements based upon the amount it receives from the regional center or regional centers during the entity’s fiscal year. This bill would, commencing January 1, 2018, instead require the entity to obtain an independent review report or an independent audit of its financial statements based upon the amount it receives from the regional center or regional centers during each state fiscal year. Existing law requires regional centers to notify the department of all qualified opinion reports or reports noting significant issues that directly or indirectly impact regional center services within 30 days after receipt. This bill would also require a regional center to submit copies of all independent audit reports that it receives to the department for review. The bill would require the department to compile data, by regional center, on vendor compliance with audit requirements and opinions resulting from audit reports and to annually publish the data in a performance dashboard.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 4652.5 of the Welfare and Institutions Code is amended to read: 4652.5. (a) (1) An entity that receives payments from one or more regional centers shall contract with an independent accounting firm to obtain an independent audit or independent review report of its financial statements relating to payments made by regional centers, subject to both of the following: (A) If the amount received from the regional center or regional centers during the entity’s fiscal year is more than or equal to five hundred thousand dollars ($500,000), but less than two million dollars ($2,000,000), the entity shall obtain an independent review report of its financial statements for the period. Consistent with Subchapter 21 (commencing with Section 58800) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, this subdivision shall also apply to work activity program providers receiving less than five hundred thousand dollars ($500,000). (B) If the amount received from the regional center or regional centers during the entity’s fiscal year is equal to or more than two million dollars ($2,000,000), the entity shall obtain an independent audit of its financial statements for the period. (2) This requirement does not apply to payments made using usual and customary rates, as defined by Title 17 of the California Code of Regulations, for services provided by regional centers. (3) This requirement does not apply to state and local governmental agencies, the University of California, or the California State University. (b) An entity subject to subdivision (a) shall provide copies of the independent audit or independent review report required by subdivision (a), and accompanying management letters, to the vendoring regional center within nine months of the end of the fiscal year for the entity. (c) Regional centers that receive the audit or review reports required by subdivision (b) shall review and require resolution by the entity for issues identified in the report that have an impact on regional center services. Regional centers shall take appropriate action, up to termination of vendorization, for lack of adequate resolution of issues. (d) (1) Regional centers shall notify the department of all qualified opinion reports or reports noting significant issues that directly or indirectly impact regional center services within 30 days after receipt. Notification shall include a plan for resolution of issues. (2) A regional center shall submit copies of all independent audit reports that it receives to the department for review. The department shall compile data, by regional center, on vendor compliance with audit requirements and opinions resulting from audit reports and shall annually publish the data in the performance dashboard developed pursuant to Section 4572. (e) For purposes of this section, an independent review of financial statements shall be performed by an independent accounting firm and shall cover, at a minimum, all of the following: (1) An inquiry as to the entity’s accounting principles and practices and methods used in applying them. (2) An inquiry as to the entity’s procedures for recording, classifying, and summarizing transactions and accumulating information. (3) Analytical procedures designed to identify relationships or items that appear to be unusual. (4) An inquiry about budgetary actions taken at meetings of the board of directors or other comparable meetings. (5) An inquiry about whether the financial statements have been properly prepared in conformity with generally accepted accounting principles and whether any events subsequent to the date of the financial statements would have a material effect on the statements under review. (6) Working papers prepared in connection with a review of financial statements describing the items covered as well as any unusual items, including their disposition. (f) For purposes of this section, an independent review report shall cover, at a minimum, all of the following: (1) Certification that the review was performed in accordance with standards established by the American Institute of Certified Public Accountants. (2) Certification that the statements are the representations of management. (3) Certification that the review consisted of inquiries and analytical procedures that are lesser in scope than those of an audit. (4) Certification that the accountant is not aware of any material modifications that need to be made to the statements for them to be in conformity with generally accepted accounting principles. (g) The department shall not consider a request for adjustments to rates submitted in accordance with Title 17 of the California Code of Regulations by an entity receiving payments from one or more regional centers solely to fund either anticipated or unanticipated changes required to comply with this section. (h) (1) An entity required to obtain an independent review report of its financial statement pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may apply to the regional center for, and the regional center shall grant, a two-year exemption from the independent review report requirement if the regional center does not find issues in the prior year’s independent review report that have an impact on regional center services. (2) An entity required to obtain an independent audit of its financial statements pursuant to subparagraph (B) of paragraph (1) of subdivision (a) may apply to the regional center for an exemption from the independent audit requirement, subject to both of the following conditions: (A) If the independent audit for the prior year resulted in an unmodified opinion or an unmodified opinion with additional communication, the regional center shall grant the entity a two-year exemption. (B) If the independent audit for the prior year resulted in a qualified opinion and the issues are not material, the regional center shall grant the entity a two-year exemption. The entity and the regional center shall continue to address issues raised in this independent audit, regardless of whether the exemption is granted. (3) A regional center shall annually report to the department any exemptions granted pursuant to this subdivision. (i) 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 4652.5 is added to the Welfare and Institutions Code, to read: 4652.5. (a) (1) An entity that receives payments from one or more regional centers shall contract with an independent accounting firm to obtain an independent audit or independent review report of its financial statements relating to payments made by regional centers, subject to both of the following: (A) If the amount received from the regional center or regional centers during each state fiscal year is more than or equal to five hundred thousand dollars ($500,000), but less than two million dollars ($2,000,000), the entity shall obtain an independent review report of its financial statements for the entity’s fiscal year that includes the last day of the most recent state fiscal year. Consistent with Subchapter 21 (commencing with Section 58800) of Chapter 3 of Division 2 of Title 17 of the California Code of Regulations, this subdivision shall also apply to work activity program providers receiving less than five hundred thousand dollars ($500,000). (B) If the amount received from the regional center or regional centers during each state fiscal year is equal to or more than two million dollars ($2,000,000), the entity shall obtain an independent audit of its financial statements for the entity’s fiscal year that includes the last day of the most recent state fiscal year. (2) This requirement does not apply to payments made using usual and customary rates, as defined by Title 17 of the California Code of Regulations, for services provided by regional centers. (3) This requirement does not apply to state and local governmental agencies, the University of California, or the California State University. (b) An entity subject to subdivision (a) shall provide copies of the independent audit or independent review report required by subdivision (a), and accompanying management letters, to the vendoring regional center within nine months of the end of the entity’s fiscal year. (c) Regional centers that receive the audit or review reports required by subdivision (b) shall review and require resolution by the entity for issues identified in the report that have an impact on regional center services. Regional centers shall take appropriate action, up to termination of vendorization, for lack of adequate resolution of issues. (d) (1) Regional centers shall notify the department of all qualified opinion reports or reports noting significant issues that directly or indirectly impact regional center services within 30 days after receipt. Notification shall include a plan for resolution of issues. (2) A regional center shall submit copies of all independent audit reports that it receives to the department for review. The department shall compile data, by regional center, on vendor compliance with audit requirements and opinions resulting from audit reports and shall annually publish the data in the performance dashboard developed pursuant to Section 4572. (e) For purposes of this section, an independent review of financial statements shall be performed by an independent accounting firm and shall cover, at a minimum, all of the following: (1) An inquiry as to the entity’s accounting principles and practices and methods used in applying them. (2) An inquiry as to the entity’s procedures for recording, classifying, and summarizing transactions and accumulating information. (3) Analytical procedures designed to identify relationships or items that appear to be unusual. (4) An inquiry about budgetary actions taken at meetings of the board of directors or other comparable meetings. (5) An inquiry about whether the financial statements have been properly prepared in conformity with generally accepted accounting principles and whether any events subsequent to the date of the financial statements would have a material effect on the statements under review. (6) Working papers prepared in connection with a review of financial statements describing the items covered as well as any unusual items, including their disposition. (f) For purposes of this section, an independent review report shall cover, at a minimum, all of the following: (1) Certification that the review was performed in accordance with standards established by the American Institute of Certified Public Accountants. (2) Certification that the statements are the representations of management. (3) Certification that the review consisted of inquiries and analytical procedures that are lesser in scope than those of an audit. (4) Certification that the accountant is not aware of any material modifications that need to be made to the statements for them to be in conformity with generally accepted accounting principles. (g) The department shall not consider a request for adjustments to rates submitted in accordance with Title 17 of the California Code of Regulations by an entity receiving payments from one or more regional centers solely to fund either anticipated or unanticipated changes required to comply with this section. (h) (1) An entity required to obtain an independent review report of its financial statement pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may apply to the regional center for, and the regional center shall grant, a two-year exemption from the independent review report requirement if the regional center does not find issues in the prior year’s independent review report that have an impact on regional center services. (2) An entity required to obtain an independent audit of its financial statements pursuant to subparagraph (B) of paragraph (1) of subdivision (a) may apply to the regional center for an exemption from the independent audit requirement, subject to both of the following conditions: (A) If the independent audit for the prior year resulted in an unmodified opinion or an unmodified opinion with additional communication, the regional center shall grant the entity a two-year exemption. (B) If the independent audit for the prior year resulted in a qualified opinion and the issues are not material, the regional center shall grant the entity a two-year exemption. The entity and the regional center shall continue to address issues raised in this independent audit, regardless of whether the exemption is granted. (3) A regional center shall annually report to the department any exemptions granted pursuant to this subdivision. (i) This section shall become operative on January 1, 2018. ### Summary: This bill amends Welfare and Institutions Code Section 4652.5 to require that an entity that receives payments from one or more regional centers contract with an

The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares the following: (1) On October 12, 2010, the federal Secure and Responsible Drug Disposal Act of 2010 (Public Law 111-273; hereafter referred to as the Disposal Act) was enacted. Before the Disposal Act, individuals who wanted to dispose of unused, unwanted, or expired pharmaceutical controlled substances had limited disposal options. The federal Controlled Substances Act (21 U.S.C. Sec. 801 et seq.; hereafter referred to as the CSA) only permitted individuals to destroy those substances themselves (e.g., by flushing or discarding), surrender them to law enforcement, or seek assistance from the federal Drug Enforcement Administration (DEA). These restrictions resulted in the accumulation of pharmaceutical controlled substances in household medicine cabinets that were available for abuse, misuse, diversion, and accidental ingestion. The Disposal Act amended the CSA to authorize specified individuals, referred to as “ultimate users,” to deliver their pharmaceutical controlled substances to another person for the purpose of disposal in accordance with regulations promulgated by the United States Attorney General. (2) On September 9, 2014, the DEA issued its final rule governing the secure disposal of controlled substances by registrants and ultimate users. Those regulations implement the Disposal Act by expanding the options available to collect controlled substances from ultimate users for the purpose of disposal, including take-back events, mail-back programs, and collection receptacle locations. Those regulations, among other things, allow authorized manufacturers, distributors, reverse distributors, narcotic treatment programs, hospitals/clinics with an onsite pharmacy, and retail pharmacies to voluntarily administer mail-back programs and maintain collection receptacles. (b) It is the intent of the Legislature, with the enactment of this act, to do both of the following: (1) Encourage the good faith participation of federally authorized entities to maintain secure drug take-back bins on their premises for the convenience and public health and safety of prescription drug consumers and the proper disposal in the waste stream of the pharmaceutical waste contained in the bins. (2) Limit the civil and criminal liability of participating entities that meet certain minimum standards and take reasonable care to ensure the health and safety of consumers and employees when maintaining secure drug take-back bins on their premises. (c) The terms and conditions provided by subdivision (b) of Section 1714.24 of the Civil Code, as added by this act, shall be construed in a manner consistent with the requirements imposed by the DEA’s final rule governing the secure disposal of controlled substances (79 Fed. Reg. 53519-70 (September 9, 2014)) and any regulations promulgated by the state. SEC. 2. Section 1714.24 is added to the Civil Code, to read: 1714.24. (a) For purposes of this section, the following definitions shall apply: (1) “Collector” includes only those entities authorized by and registered with the federal Drug Enforcement Administration to receive a controlled substance for the purpose of destruction, if the entity is in good standing with any applicable licensing authority. (2) “Compensation” means reimbursement or funds received from a customer to compensate for the cost incurred in obtaining, installing, or maintaining a secure drug take-back bin. “Compensation” does not include reimbursement or funds received from any other person or entity, other than a customer, to compensate for the costs incurred in obtaining, installing, or maintaining a secure drug take-back bin. (3) “Home-generated pharmaceutical waste” means a pharmaceutical that is no longer wanted or needed by the consumer and includes any delivery system, such as pills, liquids, and inhalers. (4) “Maintains” includes owning, leasing, operating, or otherwise hosting a secure drug take-back bin on the collector’s premises. (5) “Pharmaceutical” means a prescription or over-the-counter human or veterinary drug, including, but not limited to, a drug as defined in Section 109925 of the Health and Safety Code and Section 321(g)(1) of Title 21 of the United States Code. “Pharmaceutical” includes controlled substances included in Schedule II, III, IV, or V of the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code), but does not include a controlled substance included in Schedule I. (6) “Secure drug take-back bin” means a collection receptacle as described in Section 1317.75 of Title 21 of the Code of Federal Regulations. (b) Any collector that maintains a secure drug take-back bin shall not be liable in a civil action, or be subject to criminal prosecution, for any injury or harm that results from the collector maintaining a secure drug take-back bin on its premises provided that the collector, not for compensation, acts in good faith to take all of the following steps to ensure the health and safety of consumers and employees and the proper disposal in the waste stream of the home-generated pharmaceutical waste contained in a secure drug take-back bin, unless the injury or harm results from the collector’s gross negligence or willful and wanton misconduct: (1) Complies with all applicable state and federal laws and regulations relating to the collection of home-generated pharmaceutical waste for disposal in secure drug take-back bins, including, but not limited to, the federal Secure and Responsible Drug Disposal Act of 2010 (Public Law 111-273). (2) Notifies local law enforcement and any local environmental health department as to the existence and location of any secure drug take-back bin on the collector’s premises and the status of the collector’s registration as a collector with the federal Drug Enforcement Administration. (3) Ensures that the secure drug take-back bin is placed in a location that is regularly monitored by employees of the registered collector. (4) Ensures that conspicuous signage is posted on the secure drug take-back bin that clearly notifies customers as to what controlled and noncontrolled substances are and are not acceptable for deposit into the bin, as well as the hours during which collection is allowed. (5) Ensures that public access to the secure drug take-back bin is limited to hours in which employees of the registered collector are present and able to monitor the operation of the secure drug take-back bin. (6) Regularly inspects the area surrounding the secure drug take-back bin for potential tampering or diversion. Record logs of those inspections shall be maintained and retained for two years, reflecting the date and time of the inspection, and the initials of the employee inspecting the area. The logs shall be maintained in writing or electronically and may be combined with logs required by state or federal regulations. The logs may be used to demonstrate regular inspection of the area. Other records or reports mandated by federal or state regulations shall also be retained for a minimum of two years unless regulations mandate a longer period. (7) Notifies local law enforcement authorities of any suspected or known tampering, theft, or significant loss of controlled substances, within one business day of discovery. If the collector maintains daily business hours, this notification shall be made within one calendar day. (8) Notify local law enforcement as to any decision to discontinue its voluntary collection of controlled substances and provide documentation of its written notification to the federal Drug Enforcement Administration’s Registration Unit as otherwise required under federal laws and regulations. (c) Nothing in this section shall be construed to require entities that may qualify as a collector to acquire, maintain, or make available to the public a secure drug take-back bin on its premises.

Under existing law, the Medical Waste Management Act, the State Department of Public Health regulates the management and handling of medical waste, including pharmaceutical waste, as defined. The act generally prohibits a person from transporting, storing, treating, disposing, or causing the treatment of medical waste in a manner not authorized by the act. A violation of that provision is a crime. Under existing law, everyone is generally responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter, has willfully or by want of ordinary care, brought the injury upon himself or herself. This bill would provide that a collector, as defined, is not liable for civil damages, or subject to criminal prosecution, for any injury or harm that results from the collector maintaining a secure drug take-back bin on its premises provided that the collector, not for compensation, acts in good faith to take specified steps, including that the collector regularly inspects the area surrounding the secure drug take-back bin for potential tampering or diversion, to ensure the health and safety of consumers and employees and the proper disposal in the waste stream of home-generated pharmaceutical waste, as defined, contained in the bins.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares the following: (1) On October 12, 2010, the federal Secure and Responsible Drug Disposal Act of 2010 (Public Law 111-273; hereafter referred to as the Disposal Act) was enacted. Before the Disposal Act, individuals who wanted to dispose of unused, unwanted, or expired pharmaceutical controlled substances had limited disposal options. The federal Controlled Substances Act (21 U.S.C. Sec. 801 et seq.; hereafter referred to as the CSA) only permitted individuals to destroy those substances themselves (e.g., by flushing or discarding), surrender them to law enforcement, or seek assistance from the federal Drug Enforcement Administration (DEA). These restrictions resulted in the accumulation of pharmaceutical controlled substances in household medicine cabinets that were available for abuse, misuse, diversion, and accidental ingestion. The Disposal Act amended the CSA to authorize specified individuals, referred to as “ultimate users,” to deliver their pharmaceutical controlled substances to another person for the purpose of disposal in accordance with regulations promulgated by the United States Attorney General. (2) On September 9, 2014, the DEA issued its final rule governing the secure disposal of controlled substances by registrants and ultimate users. Those regulations implement the Disposal Act by expanding the options available to collect controlled substances from ultimate users for the purpose of disposal, including take-back events, mail-back programs, and collection receptacle locations. Those regulations, among other things, allow authorized manufacturers, distributors, reverse distributors, narcotic treatment programs, hospitals/clinics with an onsite pharmacy, and retail pharmacies to voluntarily administer mail-back programs and maintain collection receptacles. (b) It is the intent of the Legislature, with the enactment of this act, to do both of the following: (1) Encourage the good faith participation of federally authorized entities to maintain secure drug take-back bins on their premises for the convenience and public health and safety of prescription drug consumers and the proper disposal in the waste stream of the pharmaceutical waste contained in the bins. (2) Limit the civil and criminal liability of participating entities that meet certain minimum standards and take reasonable care to ensure the health and safety of consumers and employees when maintaining secure drug take-back bins on their premises. (c) The terms and conditions provided by subdivision (b) of Section 1714.24 of the Civil Code, as added by this act, shall be construed in a manner consistent with the requirements imposed by the DEA’s final rule governing the secure disposal of controlled substances (79 Fed. Reg. 53519-70 (September 9, 2014)) and any regulations promulgated by the state. SEC. 2. Section 1714.24 is added to the Civil Code, to read: 1714.24. (a) For purposes of this section, the following definitions shall apply: (1) “Collector” includes only those entities authorized by and registered with the federal Drug Enforcement Administration to receive a controlled substance for the purpose of destruction, if the entity is in good standing with any applicable licensing authority. (2) “Compensation” means reimbursement or funds received from a customer to compensate for the cost incurred in obtaining, installing, or maintaining a secure drug take-back bin. “Compensation” does not include reimbursement or funds received from any other person or entity, other than a customer, to compensate for the costs incurred in obtaining, installing, or maintaining a secure drug take-back bin. (3) “Home-generated pharmaceutical waste” means a pharmaceutical that is no longer wanted or needed by the consumer and includes any delivery system, such as pills, liquids, and inhalers. (4) “Maintains” includes owning, leasing, operating, or otherwise hosting a secure drug take-back bin on the collector’s premises. (5) “Pharmaceutical” means a prescription or over-the-counter human or veterinary drug, including, but not limited to, a drug as defined in Section 109925 of the Health and Safety Code and Section 321(g)(1) of Title 21 of the United States Code. “Pharmaceutical” includes controlled substances included in Schedule II, III, IV, or V of the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code), but does not include a controlled substance included in Schedule I. (6) “Secure drug take-back bin” means a collection receptacle as described in Section 1317.75 of Title 21 of the Code of Federal Regulations. (b) Any collector that maintains a secure drug take-back bin shall not be liable in a civil action, or be subject to criminal prosecution, for any injury or harm that results from the collector maintaining a secure drug take-back bin on its premises provided that the collector, not for compensation, acts in good faith to take all of the following steps to ensure the health and safety of consumers and employees and the proper disposal in the waste stream of the home-generated pharmaceutical waste contained in a secure drug take-back bin, unless the injury or harm results from the collector’s gross negligence or willful and wanton misconduct: (1) Complies with all applicable state and federal laws and regulations relating to the collection of home-generated pharmaceutical waste for disposal in secure drug take-back bins, including, but not limited to, the federal Secure and Responsible Drug Disposal Act of 2010 (Public Law 111-273). (2) Notifies local law enforcement and any local environmental health department as to the existence and location of any secure drug take-back bin on the collector’s premises and the status of the collector’s registration as a collector with the federal Drug Enforcement Administration. (3) Ensures that the secure drug take-back bin is placed in a location that is regularly monitored by employees of the registered collector. (4) Ensures that conspicuous signage is posted on the secure drug take-back bin that clearly notifies customers as to what controlled and noncontrolled substances are and are not acceptable for deposit into the bin, as well as the hours during which collection is allowed. (5) Ensures that public access to the secure drug take-back bin is limited to hours in which employees of the registered collector are present and able to monitor the operation of the secure drug take-back bin. (6) Regularly inspects the area surrounding the secure drug take-back bin for potential tampering or diversion. Record logs of those inspections shall be maintained and retained for two years, reflecting the date and time of the inspection, and the initials of the employee inspecting the area. The logs shall be maintained in writing or electronically and may be combined with logs required by state or federal regulations. The logs may be used to demonstrate regular inspection of the area. Other records or reports mandated by federal or state regulations shall also be retained for a minimum of two years unless regulations mandate a longer period. (7) Notifies local law enforcement authorities of any suspected or known tampering, theft, or significant loss of controlled substances, within one business day of discovery. If the collector maintains daily business hours, this notification shall be made within one calendar day. (8) Notify local law enforcement as to any decision to discontinue its voluntary collection of controlled substances and provide documentation of its written notification to the federal Drug Enforcement Administration’s Registration Unit as otherwise required under federal laws and regulations. (c) Nothing in this section shall be construed to require entities that may qualify as a collector to acquire, maintain, or make available to the public a secure drug take-back bin on its premises. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The issue of corruption in small charter cities across the state is an increasing and alarming trend, with no signs of slowing or stopping. (b) Small charter cities such as the City of Vernon, the City of Bell, and the City of Industry have long histories of abuses of power within city limits, going back decades. Those abuses include inflated salaries for city officials, failing to establish minimum qualifications for key positions, fiscally risky bond issuances, misappropriation of public funds, city officials issuing loans to themselves, failure to plan basic municipal responsibilities such as energy purchases according to best practices, incorrectly classifying employees to obtain higher, unearned retirement benefits, forcing employees to work at will for the city council, buying residential properties and renting them at below-market rents to city workers, inadequate and self-serving contracting policies, routine violations of conflict-of-interest policies, and little or no restrictions on city-issued credit cards. (c) The voter base in small charter cities is tightly managed by city officials. The housing units within these cities are controlled by city leaders and rented out to handpicked tenants at below-market cost, thus keeping the voter base indebted to those in power. Efforts to broaden the homeowning population have met with resistance from city leaders, with officials in one city cutting power to new residents in an effort to force them from their homes. (d) Criminal charges have also been filed in some instances, furthering the notion that these cities should not govern themselves. Voter fraud, conspiracy, and misappropriation of public funds are some of the charges that have been investigated, and are still being investigated, in some cases. (e) This corruption has taken a toll on voter trust, citizen confidence, and taxpayer funds. (f) In January 2016, an audit was released by the Controller highlighting the lack of administrative and internal accounting controls. Out of the 79 control elements evaluated by the Controller, 85 percent was found to be inadequate. Of the ethical components evaluated, none were found to be adequate. (g) Historically, cities with small population size were not authorized to adopt a charter for local governance. However, in 1970, the Constitution was amended to authorize any city to adopt a charter. Since then, California’s citizens have seen one after another small charter city become mired in corruption and the leaders of these cities enrich themselves at the expense of the California taxpayer. Ensuring that our citizens, no matter where they live, have an open, honest, and transparent government is a matter of statewide concern, and not a municipal affair, and as a result the Legislature has the authority and the responsibility to impose heightened governing requirements. Therefore, the Legislature finds and declares that the provisions of this act are not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but are instead a matter of statewide concern. SEC. 2. Section 34096 is added to the Government Code, to read: 34096. Notwithstanding any other law, all of the following shall apply to a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992: (a) No more than 5 percent of the city’s total city-owned housing may be occupied by any of the following persons: (1) Employees or officers of the city, including the family of employees or officers of the city. (2) Persons that contract with the city, including employees of persons or companies that contract with the city, and including the family of persons who contract with the city and the family of employees of persons or companies that contract with the city. (b) The city shall make an annual disclosure of all property owned by the city, wherever that property is situated. (c) The city shall conduct an annual audit that utilizes internal control components and elements based on the guidelines established by the Government Accountability Office’s Internal Control Management and Evaluation Tool. The city shall substantially comply with those guidelines. (d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. SEC. 3. Section 36516.7 is added to the Government Code, to read: 36516.7. (a) Notwithstanding any other law, the compensation for service on the city council of a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992, shall not exceed $1,000 per month. (b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. SEC. 4. Section 1100.8 is added to the Public Contract Code, to read: 1100.8. (a) Notwithstanding Section 1100.7, this code shall apply to contracts entered into by a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992, including, but not limited to, contracts for the provision of waste collection and management services. (b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. SEC. 5. 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 concerns related to the governance of a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992. SEC. 6. 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. SECTION 1. Section 34450 of the Government Code is amended to read: 34450. Any city or city and county may enact, amend, or repeal a charter for its own government pursuant to this article or Article 3 (commencing with Section 9255) of Chapter 3 of Division 9 of the Elections Code.

Existing law The California Constitution authorizes any city or city and county to enact, amend, or repeal a charter for its own government, as specified. A charter adopted pursuant to these provisions supersedes general laws of the state in regard to a municipal affair, and a city charter may specify various matters including, but not limited to, compensation of city employees. This bill would, until January 1, 2028, require a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992, to conduct audits pursuant to a specified procedure and provide annual disclosures of property owned by the city, as specified. By increasing the duties of local officials, this bill would impose a state-mandated local program. The bill would, until January 1, 2028, additionally prohibit a city meeting this description from permitting more than 5% of any cityowned housing to be occupied by a city employee or officer, or person who contracts with the city, or their family. The bill would provide that until January 1, 2028, the compensation for service on the city council of a city meeting this description may not exceed $1,000 per month. Existing law states that the Public Contract Code is the basis of all contracts between most public entities and their contractors and subcontractors. Existing law further states that, with regard to charter cities, the code applies unless there is an express exemption or a charter city ordinance or regulation that is in direct conflict with the code. This bill would provide that until January 1, 2028, the Public Contract Code applies to a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992, as specified. This bill would declare that its provisions are a matter of statewide concern, and not a municipal affair. This bill would make legislative findings and declarations as to the necessity of a special statute for a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. This bill would make a nonsubstantive change to this provision.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The issue of corruption in small charter cities across the state is an increasing and alarming trend, with no signs of slowing or stopping. (b) Small charter cities such as the City of Vernon, the City of Bell, and the City of Industry have long histories of abuses of power within city limits, going back decades. Those abuses include inflated salaries for city officials, failing to establish minimum qualifications for key positions, fiscally risky bond issuances, misappropriation of public funds, city officials issuing loans to themselves, failure to plan basic municipal responsibilities such as energy purchases according to best practices, incorrectly classifying employees to obtain higher, unearned retirement benefits, forcing employees to work at will for the city council, buying residential properties and renting them at below-market rents to city workers, inadequate and self-serving contracting policies, routine violations of conflict-of-interest policies, and little or no restrictions on city-issued credit cards. (c) The voter base in small charter cities is tightly managed by city officials. The housing units within these cities are controlled by city leaders and rented out to handpicked tenants at below-market cost, thus keeping the voter base indebted to those in power. Efforts to broaden the homeowning population have met with resistance from city leaders, with officials in one city cutting power to new residents in an effort to force them from their homes. (d) Criminal charges have also been filed in some instances, furthering the notion that these cities should not govern themselves. Voter fraud, conspiracy, and misappropriation of public funds are some of the charges that have been investigated, and are still being investigated, in some cases. (e) This corruption has taken a toll on voter trust, citizen confidence, and taxpayer funds. (f) In January 2016, an audit was released by the Controller highlighting the lack of administrative and internal accounting controls. Out of the 79 control elements evaluated by the Controller, 85 percent was found to be inadequate. Of the ethical components evaluated, none were found to be adequate. (g) Historically, cities with small population size were not authorized to adopt a charter for local governance. However, in 1970, the Constitution was amended to authorize any city to adopt a charter. Since then, California’s citizens have seen one after another small charter city become mired in corruption and the leaders of these cities enrich themselves at the expense of the California taxpayer. Ensuring that our citizens, no matter where they live, have an open, honest, and transparent government is a matter of statewide concern, and not a municipal affair, and as a result the Legislature has the authority and the responsibility to impose heightened governing requirements. Therefore, the Legislature finds and declares that the provisions of this act are not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but are instead a matter of statewide concern. SEC. 2. Section 34096 is added to the Government Code, to read: 34096. Notwithstanding any other law, all of the following shall apply to a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992: (a) No more than 5 percent of the city’s total city-owned housing may be occupied by any of the following persons: (1) Employees or officers of the city, including the family of employees or officers of the city. (2) Persons that contract with the city, including employees of persons or companies that contract with the city, and including the family of persons who contract with the city and the family of employees of persons or companies that contract with the city. (b) The city shall make an annual disclosure of all property owned by the city, wherever that property is situated. (c) The city shall conduct an annual audit that utilizes internal control components and elements based on the guidelines established by the Government Accountability Office’s Internal Control Management and Evaluation Tool. The city shall substantially comply with those guidelines. (d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. SEC. 3. Section 36516.7 is added to the Government Code, to read: 36516.7. (a) Notwithstanding any other law, the compensation for service on the city council of a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992, shall not exceed $1,000 per month. (b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. SEC. 4. Section 1100.8 is added to the Public Contract Code, to read: 1100.8. (a) Notwithstanding Section 1100.7, this code shall apply to contracts entered into by a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992, including, but not limited to, contracts for the provision of waste collection and management services. (b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. SEC. 5. 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 concerns related to the governance of a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no residentially zoned land within its boundaries as of January 1, 1992. SEC. 6. 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. SECTION 1. Section 34450 of the Government Code is amended to read: 34450. Any city or city and county may enact, amend, or repeal a charter for its own government pursuant to this article or Article 3 (commencing with Section 9255) of Chapter 3 of Division 9 of the Elections Code. ### Summary: This bill amends the Government Code to require a city that is incorporated to promote commerce and industry, is located wholly within the County of Los Angeles, and had no

The people of the State of California do enact as follows: SECTION 1. Section 44011 of the Health and Safety Code is amended to read: 44011. (a) All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially to obtain a certificate of compliance or noncompliance, except for the following: (1) All motorcycles until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles. (2) All motor vehicles that have been issued a certificate of compliance or noncompliance or a repair cost waiver upon a change of ownership or initial registration in this state during the preceding six months. (3) All motor vehicles manufactured prior to the 1976 model year or all motor vehicles manufactured after the 1976 1975 model year but prior to the 1981 model year that comply with paragraph (1) of subdivision (c). (4) (A) Except as provided in subparagraph (B), all motor vehicles four or less model years old. (B) Beginning January 1, 2005, all motor vehicles six or less model years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the state’s commitments with respect to the state implementation plan required by the federal Clean Air Act. (C) All motor vehicles excepted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply: (i) The department determines through remote sensing activities or other means that there is a substantial probability that the vehicle has a tampered emissions control system or would fail for other cause a smog check test as specified in Section 44012. (ii) The vehicle was previously registered outside this state and is undergoing initial registration in this state. (iii) The vehicle is being registered as a specially constructed vehicle. (iv) The vehicle has been selected for testing pursuant to Section 44014.7 or any other provision of this chapter authorizing out-of-cycle testing. (D) This paragraph does not apply to diesel-powered vehicles. (5) In addition to the vehicles exempted pursuant to paragraph (4), any motor vehicle or class of motor vehicles exempted pursuant to subdivision (c) of Section 44024.5. It is the intent of the Legislature that the department, pursuant to the authority granted by this paragraph, exempt at least 15 percent of the lowest emitting motor vehicles from the biennial smog check inspection. (6) All motor vehicles that the department determines would present prohibitive inspection or repair problems. (7) Any vehicle registered to the owner of a fleet licensed pursuant to Section 44020 if the vehicle is garaged exclusively outside the area included in program coverage, and is not primarily operated inside the area included in program coverage. (8) (A) All diesel-powered vehicles manufactured prior to the 1998 model year. (B) All diesel-powered vehicles that have a gross vehicle weight rating of 8,501 to 10,000 pounds, inclusive, until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles. (C) All diesel-powered vehicles that have a gross vehicle weight rating from 10,001 pounds to 14,000 pounds, inclusive, until the state board and the Department of Motor Vehicles determine the best method for identifying these vehicles, and until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles. (D) All diesel-powered vehicles that have a gross vehicle weight rating of 14,001 pounds or greater. (b) Vehicles designated for program coverage in enhanced areas shall be required to obtain inspections from appropriate smog check stations operating in enhanced areas. (c) For purposes of subdivision (a), a collector motor vehicle, as defined in Section 259 of the Vehicle Code, is exempt from those portions of the test required by subdivision (f) of Section 44012 if the collector motor vehicle meets all of the following criteria: (1) Submission of proof that the motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the bureau. (2) The motor vehicle is at least 35 model years old. (3) The motor vehicle complies with the exhaust emissions standards for that motor vehicle’s class and model year, as prescribed by the department, and the motor vehicle passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks. (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. 2. Section 44011 is added to the Health and Safety Code, to read: 44011. (a) All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially to obtain a certificate of compliance or noncompliance, except for the following: (1) All motorcycles until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles. (2) All motor vehicles that have been issued a certificate of compliance or noncompliance or a repair cost waiver upon a change of ownership or initial registration in this state during the preceding six months. (3) All motor vehicles manufactured prior to the 1976 model year. (4) (A) Except as provided in subparagraph (B), all motor vehicles four or less model years old. (B) All motor vehicles six or less model years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the state’s commitments with respect to the state implementation plan required by the federal Clean Air Act. (C) All motor vehicles excepted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply: (i) The department determines through remote sensing activities or other means that there is a substantial probability that the vehicle has a tampered emissions control system or would fail for other cause a smog check test as specified in Section 44012. (ii) The vehicle was previously registered outside this state and is undergoing initial registration in this state. (iii) The vehicle is being registered as a specially constructed vehicle. (iv) The vehicle has been selected for testing pursuant to Section 44014.7 or any other provision of this chapter authorizing out-of-cycle testing. (D) This paragraph does not apply to diesel-powered vehicles. (5) In addition to the vehicles exempted pursuant to paragraph (4), any motor vehicle or class of motor vehicles exempted pursuant to subdivision (c) of Section 44024.5. It is the intent of the Legislature that the department, pursuant to the authority granted by this paragraph, exempt at least 15 percent of the lowest emitting motor vehicles from the biennial smog check inspection. (6) All motor vehicles that the department determines would present prohibitive inspection or repair problems. (7) Any vehicle registered to the owner of a fleet licensed pursuant to Section 44020 if the vehicle is garaged exclusively outside the area included in program coverage, and is not primarily operated inside the area included in program coverage. (8) (A) All diesel-powered vehicles manufactured prior to the 1998 model year. (B) All diesel-powered vehicles that have a gross vehicle weight rating of 8,501 to 10,000 pounds, inclusive, until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles. (C) All diesel-powered vehicles that have a gross vehicle weight rating from 10,001 pounds to 14,000 pounds, inclusive, until the state board and the Department of Motor Vehicles determine the best method for identifying these vehicles, and until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles. (D) All diesel-powered vehicles that have a gross vehicle weight rating of 14,001 pounds or greater. (b) Vehicles designated for program coverage in enhanced areas shall be required to obtain inspections from appropriate smog check stations operating in enhanced areas. (c) For purposes of subdivision (a), a collector motor vehicle, as defined in Section 259 of the Vehicle Code, is exempt from those portions of the test required by subdivision (f) of Section 44012 if the collector motor vehicle meets all of the following criteria: (1) Submission of proof that the motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the bureau. (2) The motor vehicle is at least 35 model years old. (3) The motor vehicle complies with the exhaust emissions standards for that motor vehicle’s class and model year as prescribed by the department, and the motor vehicle passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks. (d) This section shall become operative on January 1, 2019.

Existing law establishes a motor vehicle inspection and maintenance (smog check) program that is administered by the Department of Consumer Affairs. The smog check program requires inspection of motor vehicles upon initial registration, biennially upon renewal of registration, upon transfer of ownership, and in certain other circumstances. Existing law exempts specified vehicles from being inspected biennially upon renewal of registration, including, among others, all motor vehicles manufactured prior to the 1976 model year. This bill, until January 1, 2019, would also exempt from the biennial smog check inspections all motor vehicles manufactured after the 1976 1975 model year but prior to the 1981 model year if the owner submits proof that the motor vehicle is insured as a collector motor vehicle.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 44011 of the Health and Safety Code is amended to read: 44011. (a) All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially to obtain a certificate of compliance or noncompliance, except for the following: (1) All motorcycles until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles. (2) All motor vehicles that have been issued a certificate of compliance or noncompliance or a repair cost waiver upon a change of ownership or initial registration in this state during the preceding six months. (3) All motor vehicles manufactured prior to the 1976 model year or all motor vehicles manufactured after the 1976 1975 model year but prior to the 1981 model year that comply with paragraph (1) of subdivision (c). (4) (A) Except as provided in subparagraph (B), all motor vehicles four or less model years old. (B) Beginning January 1, 2005, all motor vehicles six or less model years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the state’s commitments with respect to the state implementation plan required by the federal Clean Air Act. (C) All motor vehicles excepted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply: (i) The department determines through remote sensing activities or other means that there is a substantial probability that the vehicle has a tampered emissions control system or would fail for other cause a smog check test as specified in Section 44012. (ii) The vehicle was previously registered outside this state and is undergoing initial registration in this state. (iii) The vehicle is being registered as a specially constructed vehicle. (iv) The vehicle has been selected for testing pursuant to Section 44014.7 or any other provision of this chapter authorizing out-of-cycle testing. (D) This paragraph does not apply to diesel-powered vehicles. (5) In addition to the vehicles exempted pursuant to paragraph (4), any motor vehicle or class of motor vehicles exempted pursuant to subdivision (c) of Section 44024.5. It is the intent of the Legislature that the department, pursuant to the authority granted by this paragraph, exempt at least 15 percent of the lowest emitting motor vehicles from the biennial smog check inspection. (6) All motor vehicles that the department determines would present prohibitive inspection or repair problems. (7) Any vehicle registered to the owner of a fleet licensed pursuant to Section 44020 if the vehicle is garaged exclusively outside the area included in program coverage, and is not primarily operated inside the area included in program coverage. (8) (A) All diesel-powered vehicles manufactured prior to the 1998 model year. (B) All diesel-powered vehicles that have a gross vehicle weight rating of 8,501 to 10,000 pounds, inclusive, until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles. (C) All diesel-powered vehicles that have a gross vehicle weight rating from 10,001 pounds to 14,000 pounds, inclusive, until the state board and the Department of Motor Vehicles determine the best method for identifying these vehicles, and until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles. (D) All diesel-powered vehicles that have a gross vehicle weight rating of 14,001 pounds or greater. (b) Vehicles designated for program coverage in enhanced areas shall be required to obtain inspections from appropriate smog check stations operating in enhanced areas. (c) For purposes of subdivision (a), a collector motor vehicle, as defined in Section 259 of the Vehicle Code, is exempt from those portions of the test required by subdivision (f) of Section 44012 if the collector motor vehicle meets all of the following criteria: (1) Submission of proof that the motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the bureau. (2) The motor vehicle is at least 35 model years old. (3) The motor vehicle complies with the exhaust emissions standards for that motor vehicle’s class and model year, as prescribed by the department, and the motor vehicle passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks. (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. 2. Section 44011 is added to the Health and Safety Code, to read: 44011. (a) All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially to obtain a certificate of compliance or noncompliance, except for the following: (1) All motorcycles until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles. (2) All motor vehicles that have been issued a certificate of compliance or noncompliance or a repair cost waiver upon a change of ownership or initial registration in this state during the preceding six months. (3) All motor vehicles manufactured prior to the 1976 model year. (4) (A) Except as provided in subparagraph (B), all motor vehicles four or less model years old. (B) All motor vehicles six or less model years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the state’s commitments with respect to the state implementation plan required by the federal Clean Air Act. (C) All motor vehicles excepted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply: (i) The department determines through remote sensing activities or other means that there is a substantial probability that the vehicle has a tampered emissions control system or would fail for other cause a smog check test as specified in Section 44012. (ii) The vehicle was previously registered outside this state and is undergoing initial registration in this state. (iii) The vehicle is being registered as a specially constructed vehicle. (iv) The vehicle has been selected for testing pursuant to Section 44014.7 or any other provision of this chapter authorizing out-of-cycle testing. (D) This paragraph does not apply to diesel-powered vehicles. (5) In addition to the vehicles exempted pursuant to paragraph (4), any motor vehicle or class of motor vehicles exempted pursuant to subdivision (c) of Section 44024.5. It is the intent of the Legislature that the department, pursuant to the authority granted by this paragraph, exempt at least 15 percent of the lowest emitting motor vehicles from the biennial smog check inspection. (6) All motor vehicles that the department determines would present prohibitive inspection or repair problems. (7) Any vehicle registered to the owner of a fleet licensed pursuant to Section 44020 if the vehicle is garaged exclusively outside the area included in program coverage, and is not primarily operated inside the area included in program coverage. (8) (A) All diesel-powered vehicles manufactured prior to the 1998 model year. (B) All diesel-powered vehicles that have a gross vehicle weight rating of 8,501 to 10,000 pounds, inclusive, until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles. (C) All diesel-powered vehicles that have a gross vehicle weight rating from 10,001 pounds to 14,000 pounds, inclusive, until the state board and the Department of Motor Vehicles determine the best method for identifying these vehicles, and until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles. (D) All diesel-powered vehicles that have a gross vehicle weight rating of 14,001 pounds or greater. (b) Vehicles designated for program coverage in enhanced areas shall be required to obtain inspections from appropriate smog check stations operating in enhanced areas. (c) For purposes of subdivision (a), a collector motor vehicle, as defined in Section 259 of the Vehicle Code, is exempt from those portions of the test required by subdivision (f) of Section 44012 if the collector motor vehicle meets all of the following criteria: (1) Submission of proof that the motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the bureau. (2) The motor vehicle is at least 35 model years old. (3) The motor vehicle complies with the exhaust emissions standards for that motor vehicle’s class and model year as prescribed by the department, and the motor vehicle passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks. (d) This section shall become operative on January 1, 2019. ### Summary: This bill repeals Section 44011 of the Health and Safety Code, which exempts certain vehicles from the biennial smog check inspection. This bill

The people of the State of California do enact as follows: SECTION 1. Part 3 (commencing with Section 1000) is added to Division 1 of the Food and Agricultural Code, to read: PART 3. Agricultural Innovation Zones Incentive Program 1000. The Legislature finds and declares both of the following: (a) It is the intent of the Legislature to support farmers in adopting environmental farming practices near schools and senior health care centers that are more resilient to the unavoidable consequences of climate change and that offer other societal and ecosystem benefits. (b) It is further the intent of the Legislature that the department establish a voluntary agricultural innovation zones incentive program to provide incentives to farmers to adopt an agricultural innovation zone and employ environmental farming practices within that zone to protect the health and cognition of future California generations. The establishment of agricultural innovation zones in disadvantaged communities should be the highest priority. 1001. Unless the context otherwise requires, the following definitions govern the construction of this part: (a) “Agricultural innovation zone” means an area within ___ miles of the boundary of a school or senior health care center where farmers follow environmental farming practices. (b) “Department” means the Department of Pesticide Regulation. (c) “School” means any public or private facility used as a child day care facility, as defined in Section 1596.750 of the Health and Safety Code, or for kindergarten, elementary, or secondary school purposes. The term includes the buildings or structures, playgrounds, athletic fields, or any other area of property visited or used by pupils. “School” does not include any postsecondary educational facility. (d) “Senior health care center” means any facility that is a licensed skilled nursing facility or licensed intermediate care facility, as defined in Section 1250 of the Health and Safety Code, or any facility that offers assisted living services, as defined in paragraph (5) of subdivision (a) of Section 1771 of the Health and Safety Code. (e) “Disadvantaged community” has the same meaning as defined in Section 39711 of the Health and Safety Code. (f) “Environmental farming practices” means practices that promote the well-being of ecosystems, air quality, public health, water quality, soil health, biodiversity, and wildlife and their habitat. Environmental farming practices include, but are not limited to, the following: (1) The following federal Natural Resources Conservation Service conservation practices: (A) Integrated pest management, practice code 595. (B) Cover crops, practice code 340. (C) Crop rotation, practice code 328. (D) Reduced tillage, practice code 345. (2) Federal Natural Resources Conservation Service conservation enhancements regarding plantings, soil quality, and water quality. (3) Practices that improve soil health, decrease greenhouse gas emissions, or sequester carbon. (4) Practices that avoid applications of pesticides other than those authorized as part of organic certification pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.). 1002. (a) By January 1, 2018, the department, in consultation with the Department of Food and Agriculture, shall establish a voluntary incentive program for farmers who use environmental farming practices within an agricultural innovation zone and shall give priority to projects in agricultural innovation zones located in disadvantaged communities. (b) The types of incentives available may include, but are not limited to, loans, grants, technical assistance, education, and demonstration projects. (c) The department, in consultation with the Department of Food and Agriculture, shall establish specific criteria for determining which farming practices qualify as environmental farming practices. To be eligible for the program, applicants shall introduce at least one new environmental farming practice that qualifies pursuant to this subdivision. (d) The department shall establish procedures for applicants to access the program and include a ranking system to determine which projects may have the greatest impact toward improving soil health or sequestering carbon. (e) At least 50 percent of any funding available for the program shall be given to projects that avoid applications of pesticides other than those authorized as part of organic certification pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.). (f) The department may determine whether an applicant may access incentives on the portion of their property that extends beyond the agricultural innovation zone on a case-by-case basis. 1003. (a) By January 1, 2021, and by January 1 every three years thereafter, the department shall issue a report to the Legislature that details the impact of the voluntary agricultural innovation zones incentive program and includes successes and challenges regarding the process for distributing incentives and the projects that use the incentives. The report shall include, but not be limited to, data on all of the following: (1) The total number of acres of farmland that have adopted environmental farming practices under the program. (2) The total number of acres of farmland that have adopted each specific environmental farming practice under the program. (3) The counties where projects under the program are located and how many projects are within those counties. (4) The reduction of pesticide use achieved under the program. (b) This report shall be submitted in compliance with Section 9795 of the Government Code. 1004. The department and the Department of Food and Agriculture shall conduct the activities specified in this part with existing resources, to the extent they are available. SECTION 1. Section 563 is added to the Food and Agricultural Code , to read: 563. The Legislature finds and declares both of the following: (a)It is the intent of the Legislature to support farmers in adopting environmental farming practices near schools and day care centers that are more resilient to the unavoidable consequences of climate change and that offer other societal and ecosystem benefits. (b)It is further the intent of the Legislature that the department establish agricultural innovation zones and prioritize incentives to farmers who maintain or intend to adopt an agricultural innovation zone to ensure the health and learning of future California generations and that the establishment of agricultural innovation zones in disadvantaged communities should be the highest priority. SEC. 2. Section 564 of the Food and Agricultural Code is amended to read: 564. Unless the context otherwise requires, the following definitions govern the construction of this article: (a)“Agricultural activities” means those activities that generate products as specified in Section 54004. (b)“Agricultural innovation zone” means an area within one mile of a school or day care center where farmers follow environmental farming practices, including organic farming practices, that promote the well-being of ecosystems, air quality, public health, water quality, soil health, and wildlife and their habitat and that do not rely on synthetic inputs. (c)“Department” means the Department of Food and Agriculture. (d)“Panel” means the Scientific Advisory Panel on Environmental Farming. (e)“Secretary” means the Secretary of Food and Agriculture. SEC. 3. Section 566 of the Food and Agricultural Code is amended to read: 566. (a)The department shall establish and oversee an environmental farming program. The program shall provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, public health, water quality, soil health, and wildlife and their habitat. (b)As part of the program, the department shall establish agricultural innovation zones and shall give priority to agricultural innovation zones for incentives to farmers, with special priority for agricultural innovation zones in disadvantaged communities. (c)The department may assist in the compilation of scientific evidence from public and private sources, including the scientific community, industry, conservation organizations, and federal, state, and local agencies identifying the net environmental impacts that agriculture creates for the environment. The department shall serve as the depository of this information and provide it to federal, state, and local governments, as needed. (d)The department shall conduct the activities specified in this article with existing resources, to the extent they are available.

Existing law requires the Department of Food and Agriculture to establish and oversee an environmental farming program that provides incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. This bill would also include practices that promote public health, water quality, and soil health and would require the department, as part of that program, to establish agricultural innovation zones, as defined, and to give priority to agricultural innovation zones for incentives to farmers, with special priority for agricultural innovation zones in disadvantaged communities. The bill would state the Legislature’s intent relating to environmental farming practices and the establishment of agricultural innovation zones, as specified. would, by January 1, 2018, require the Department of Pesticide Regulation, in consultation with the Department of Food and Agriculture, to establish a voluntary incentive program for farmers who use environmental farming practices, as defined, within an agricultural innovation zone, as defined. The bill would require priority be given to projects in agricultural innovation zones located in disadvantaged communities, as defined. The bill would require the Department of Pesticide Regulation, by January 1, 2021, and by January 1 every 3 years thereafter, to issue a report to the Legislature that details the impacts of the voluntary agricultural innovation zones incentive program and includes successes and challenges regarding the process for distributing incentives and the projects that use the incentives. The bill would require the departments to conduct these activities with existing resources, to the extent they are available.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Part 3 (commencing with Section 1000) is added to Division 1 of the Food and Agricultural Code, to read: PART 3. Agricultural Innovation Zones Incentive Program 1000. The Legislature finds and declares both of the following: (a) It is the intent of the Legislature to support farmers in adopting environmental farming practices near schools and senior health care centers that are more resilient to the unavoidable consequences of climate change and that offer other societal and ecosystem benefits. (b) It is further the intent of the Legislature that the department establish a voluntary agricultural innovation zones incentive program to provide incentives to farmers to adopt an agricultural innovation zone and employ environmental farming practices within that zone to protect the health and cognition of future California generations. The establishment of agricultural innovation zones in disadvantaged communities should be the highest priority. 1001. Unless the context otherwise requires, the following definitions govern the construction of this part: (a) “Agricultural innovation zone” means an area within ___ miles of the boundary of a school or senior health care center where farmers follow environmental farming practices. (b) “Department” means the Department of Pesticide Regulation. (c) “School” means any public or private facility used as a child day care facility, as defined in Section 1596.750 of the Health and Safety Code, or for kindergarten, elementary, or secondary school purposes. The term includes the buildings or structures, playgrounds, athletic fields, or any other area of property visited or used by pupils. “School” does not include any postsecondary educational facility. (d) “Senior health care center” means any facility that is a licensed skilled nursing facility or licensed intermediate care facility, as defined in Section 1250 of the Health and Safety Code, or any facility that offers assisted living services, as defined in paragraph (5) of subdivision (a) of Section 1771 of the Health and Safety Code. (e) “Disadvantaged community” has the same meaning as defined in Section 39711 of the Health and Safety Code. (f) “Environmental farming practices” means practices that promote the well-being of ecosystems, air quality, public health, water quality, soil health, biodiversity, and wildlife and their habitat. Environmental farming practices include, but are not limited to, the following: (1) The following federal Natural Resources Conservation Service conservation practices: (A) Integrated pest management, practice code 595. (B) Cover crops, practice code 340. (C) Crop rotation, practice code 328. (D) Reduced tillage, practice code 345. (2) Federal Natural Resources Conservation Service conservation enhancements regarding plantings, soil quality, and water quality. (3) Practices that improve soil health, decrease greenhouse gas emissions, or sequester carbon. (4) Practices that avoid applications of pesticides other than those authorized as part of organic certification pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.). 1002. (a) By January 1, 2018, the department, in consultation with the Department of Food and Agriculture, shall establish a voluntary incentive program for farmers who use environmental farming practices within an agricultural innovation zone and shall give priority to projects in agricultural innovation zones located in disadvantaged communities. (b) The types of incentives available may include, but are not limited to, loans, grants, technical assistance, education, and demonstration projects. (c) The department, in consultation with the Department of Food and Agriculture, shall establish specific criteria for determining which farming practices qualify as environmental farming practices. To be eligible for the program, applicants shall introduce at least one new environmental farming practice that qualifies pursuant to this subdivision. (d) The department shall establish procedures for applicants to access the program and include a ranking system to determine which projects may have the greatest impact toward improving soil health or sequestering carbon. (e) At least 50 percent of any funding available for the program shall be given to projects that avoid applications of pesticides other than those authorized as part of organic certification pursuant to the federal Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.). (f) The department may determine whether an applicant may access incentives on the portion of their property that extends beyond the agricultural innovation zone on a case-by-case basis. 1003. (a) By January 1, 2021, and by January 1 every three years thereafter, the department shall issue a report to the Legislature that details the impact of the voluntary agricultural innovation zones incentive program and includes successes and challenges regarding the process for distributing incentives and the projects that use the incentives. The report shall include, but not be limited to, data on all of the following: (1) The total number of acres of farmland that have adopted environmental farming practices under the program. (2) The total number of acres of farmland that have adopted each specific environmental farming practice under the program. (3) The counties where projects under the program are located and how many projects are within those counties. (4) The reduction of pesticide use achieved under the program. (b) This report shall be submitted in compliance with Section 9795 of the Government Code. 1004. The department and the Department of Food and Agriculture shall conduct the activities specified in this part with existing resources, to the extent they are available. SECTION 1. Section 563 is added to the Food and Agricultural Code , to read: 563. The Legislature finds and declares both of the following: (a)It is the intent of the Legislature to support farmers in adopting environmental farming practices near schools and day care centers that are more resilient to the unavoidable consequences of climate change and that offer other societal and ecosystem benefits. (b)It is further the intent of the Legislature that the department establish agricultural innovation zones and prioritize incentives to farmers who maintain or intend to adopt an agricultural innovation zone to ensure the health and learning of future California generations and that the establishment of agricultural innovation zones in disadvantaged communities should be the highest priority. SEC. 2. Section 564 of the Food and Agricultural Code is amended to read: 564. Unless the context otherwise requires, the following definitions govern the construction of this article: (a)“Agricultural activities” means those activities that generate products as specified in Section 54004. (b)“Agricultural innovation zone” means an area within one mile of a school or day care center where farmers follow environmental farming practices, including organic farming practices, that promote the well-being of ecosystems, air quality, public health, water quality, soil health, and wildlife and their habitat and that do not rely on synthetic inputs. (c)“Department” means the Department of Food and Agriculture. (d)“Panel” means the Scientific Advisory Panel on Environmental Farming. (e)“Secretary” means the Secretary of Food and Agriculture. SEC. 3. Section 566 of the Food and Agricultural Code is amended to read: 566. (a)The department shall establish and oversee an environmental farming program. The program shall provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, public health, water quality, soil health, and wildlife and their habitat. (b)As part of the program, the department shall establish agricultural innovation zones and shall give priority to agricultural innovation zones for incentives to farmers, with special priority for agricultural innovation zones in disadvantaged communities. (c)The department may assist in the compilation of scientific evidence from public and private sources, including the scientific community, industry, conservation organizations, and federal, state, and local agencies identifying the net environmental impacts that agriculture creates for the environment. The department shall serve as the depository of this information and provide it to federal, state, and local governments, as needed. (d)The department shall conduct the activities specified in this article with existing resources, to the extent they are available. ### Summary: This bill establishes the Agricultural Innovation Zones Incentive Program to incentivize farmers to adopt environmental farming practices within agricultural innovation zones. Agricultural innovation zones are areas within one mile of

The people of the State of California do enact as follows: SECTION 1. Section 9084 of the Elections Code is amended to read: 9084. The ballot pamphlet shall contain all of the following: (a) A complete copy of each state measure. (b) A copy of the specific constitutional or statutory provision, if any, that each state measure would repeal or revise. (c) A copy of the arguments and rebuttals for and against each state measure. (d) A copy of the analysis of each state measure. (e) Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the ballot pamphlet easier to understand or more useful for the average voter. (f) A notice, conspicuously printed on the cover of the ballot pamphlet, indicating that additional copies of the ballot pamphlet will be mailed by the county elections official upon request. (g) A written explanation of the judicial retention procedure as required by Section 9083. (h) The Voter Bill of Rights pursuant to Section 2300. (i) If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state ballot pamphlet that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlet. (j) If the ballot contains a question on the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention. (k) If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of State’s Internet Web site for information about candidates for the offices of President and Vice President of the United States. (l) A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5. (m) A written explanation of the top 10 contributor lists required by Section 84223 of the Government Code, including a description of the Internet Web sites where those lists are available to the public. (n) A copy of all the information posted on the dedicated Internet Web page of that is hyperlinked to the homepage of the Internet Web site of the ____ Legislative Analyst ’s Office pursuant to the California Financial Transparency Act of 2016 (Chapter 5.3 (commencing with Section 8347) of Division 1 of Title 2 of the Government Code). SEC. 2. Chapter 5.3 (commencing with Section 8347) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 5.3. California Financial Transparency Act of 2016 8347. This chapter shall be known and may be cited as the California Financial Transparency Act of 2016. 8347.10. The ____ [an entity of state government] Legislative Analyst shall post all of the following current total amounts on a dedicated Internet Web page that is hyperlinked to the homepage of its the Internet Web site: site of the Legislative Analyst’s Office: (a) State revenues. (b) State expenditures. (c) Unfunded state pension liability. (d) Unfunded state retiree medical benefit liability. (e) Unfunded infrastructure needs. (f) Bond debt. (g) Unrestricted net position. 8347.20. On or before January 1 and July 1 of each year, the ____ Legislative Analyst shall update the Internet Web page required by Section 8347.10. SEC. 3. Section 88001 of the Government Code is amended to read: 88001. The ballot pamphlet shall contain all of the following: (a) A complete copy of each state measure. (b) A copy of the specific constitutional or statutory provision, if any, that would be repealed or revised by each state measure. (c) A copy of the arguments and rebuttals for and against each state measure. (d) A copy of the analysis of each state measure. (e) Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the ballot pamphlet easier to understand or more useful for the average voter. (f) A notice, conspicuously printed on the cover of the ballot pamphlet, indicating that additional copies of the ballot pamphlet will be mailed by the county elections official upon request. (g) A written explanation of the judicial retention procedure as required by Section 9083 of the Elections Code. (h) The Voter Bill of Rights pursuant to Section 2300 of the Elections Code. (i) If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state ballot pamphlet that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlet. (j) If the ballot contains a question as to the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention. (k) If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of State’s Internet Web site for information about candidates for the offices of President and Vice President of the United States. (l) A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5 of the Elections Code. (m) A written explanation of the top 10 contributor lists required by Section 84223, including a description of the Internet Web sites where those lists are available to the public. (n) A copy of all the information posted on the dedicated Internet Web page of that is hyperlinked to the homepage of the Internet Web site of the ____ Legislative Analyst ’s Office pursuant to the California Financial Transparency Act of 2016 (Chapter 5.3 (commencing with Section 8347) of Division 1 of Title 2). SEC. 4. The Legislature finds and declares that Section 3 of this act, amending Section 88001 of the Government Code, is an amendment of the Political Reform Act of 1974 that requires the inclusion of additional information on the ballot pamphlet in accordance with Section 88007 of the Government Code.

(1) Existing law requires a local agency, if it maintains an Internet Web site and is required to report specific financial information to the Controller, to post, in a conspicuous location on its Internet Web site, information on the annual compensation of its elected officials, officers, and employees. Existing law authorizes a local agency to meet this requirement by posting a link to the Controller’s Government Compensation in California Internet Web site in a conspicuous location on its Internet Web site. This bill would establish the California Financial Transparency Act of 2016 and would require ____ [an entity of state government] the Legislative Analyst to create and maintain a dedicated Internet Web page, page that is hyperlinked to the homepage of its the Internet Web site, site of the Legislative Analyst’s Office that lists specific state financial obligations. (2) The Political Reform Act of 1974 and the Elections Code each require the Secretary of State to prepare a ballot pamphlet that contains specific information. This bill would require the Secretary of State to include in a ballot pamphlet a copy of all the information posted on a the dedicated Internet Web page, page that is hyperlinked to the homepage of the Internet Web site of an unspecified entity in state government, the Legislative Analyst’s Office pursuant to the California Financial Transparency Act of 2016. (3) The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes with a 2/3 vote of each house and compliance with specified procedural requirements. The act also provides that, notwithstanding this vote requirement, the Legislature may amend specified provisions to add to the ballot pamphlet information regarding candidates or other information. This bill, which would require additional information to be included in the ballot pamphlet, without making other changes to the act, would therefore require a majority vote.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 9084 of the Elections Code is amended to read: 9084. The ballot pamphlet shall contain all of the following: (a) A complete copy of each state measure. (b) A copy of the specific constitutional or statutory provision, if any, that each state measure would repeal or revise. (c) A copy of the arguments and rebuttals for and against each state measure. (d) A copy of the analysis of each state measure. (e) Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the ballot pamphlet easier to understand or more useful for the average voter. (f) A notice, conspicuously printed on the cover of the ballot pamphlet, indicating that additional copies of the ballot pamphlet will be mailed by the county elections official upon request. (g) A written explanation of the judicial retention procedure as required by Section 9083. (h) The Voter Bill of Rights pursuant to Section 2300. (i) If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state ballot pamphlet that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlet. (j) If the ballot contains a question on the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention. (k) If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of State’s Internet Web site for information about candidates for the offices of President and Vice President of the United States. (l) A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5. (m) A written explanation of the top 10 contributor lists required by Section 84223 of the Government Code, including a description of the Internet Web sites where those lists are available to the public. (n) A copy of all the information posted on the dedicated Internet Web page of that is hyperlinked to the homepage of the Internet Web site of the ____ Legislative Analyst ’s Office pursuant to the California Financial Transparency Act of 2016 (Chapter 5.3 (commencing with Section 8347) of Division 1 of Title 2 of the Government Code). SEC. 2. Chapter 5.3 (commencing with Section 8347) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 5.3. California Financial Transparency Act of 2016 8347. This chapter shall be known and may be cited as the California Financial Transparency Act of 2016. 8347.10. The ____ [an entity of state government] Legislative Analyst shall post all of the following current total amounts on a dedicated Internet Web page that is hyperlinked to the homepage of its the Internet Web site: site of the Legislative Analyst’s Office: (a) State revenues. (b) State expenditures. (c) Unfunded state pension liability. (d) Unfunded state retiree medical benefit liability. (e) Unfunded infrastructure needs. (f) Bond debt. (g) Unrestricted net position. 8347.20. On or before January 1 and July 1 of each year, the ____ Legislative Analyst shall update the Internet Web page required by Section 8347.10. SEC. 3. Section 88001 of the Government Code is amended to read: 88001. The ballot pamphlet shall contain all of the following: (a) A complete copy of each state measure. (b) A copy of the specific constitutional or statutory provision, if any, that would be repealed or revised by each state measure. (c) A copy of the arguments and rebuttals for and against each state measure. (d) A copy of the analysis of each state measure. (e) Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the ballot pamphlet easier to understand or more useful for the average voter. (f) A notice, conspicuously printed on the cover of the ballot pamphlet, indicating that additional copies of the ballot pamphlet will be mailed by the county elections official upon request. (g) A written explanation of the judicial retention procedure as required by Section 9083 of the Elections Code. (h) The Voter Bill of Rights pursuant to Section 2300 of the Elections Code. (i) If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state ballot pamphlet that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlet. (j) If the ballot contains a question as to the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention. (k) If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of State’s Internet Web site for information about candidates for the offices of President and Vice President of the United States. (l) A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5 of the Elections Code. (m) A written explanation of the top 10 contributor lists required by Section 84223, including a description of the Internet Web sites where those lists are available to the public. (n) A copy of all the information posted on the dedicated Internet Web page of that is hyperlinked to the homepage of the Internet Web site of the ____ Legislative Analyst ’s Office pursuant to the California Financial Transparency Act of 2016 (Chapter 5.3 (commencing with Section 8347) of Division 1 of Title 2). SEC. 4. The Legislature finds and declares that Section 3 of this act, amending Section 88001 of the Government Code, is an amendment of the Political Reform Act of 1974 that requires the inclusion of additional information on the ballot pamphlet in accordance with Section 88007 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 314 is added to the Code of Civil Procedure, immediately following Section 313, to read: 314. (a) This section shall be known, and may be cited as, the Civility in Litigation Act. (b) Notwithstanding any law, a person who claims to have been aggrieved by an alleged unlawful act or practice shall, before filing any legal action or pursuing legally mandated alternative dispute resolution, including mandatory arbitration, send a letter to the person or entity he or she alleges to have caused the harm that sets forth alleged facts in support of the grievance and any other information necessary to inform the person or entity of the alleged harm suffered. The letter shall be signed by the person who claims to have been aggrieved, or his or her representative. (1) The letter shall be sent by certified mail to the last known address of the person or entity alleged to have engaged in the unlawful act or practice. (2) The letter may, alternatively, be sent to an authorized representative of the person or entity that is alleged to have engaged in the unlawful act or practice. (c) If the person or entity alleged to have engaged in the unlawful act or practice responds to the person who claims to have been aggrieved within 30 days after the letter specified in subdivision (b) is received, or delivery of the letter is attempted, the person claiming to have been aggrieved shall engage with the person or entity alleged to have engaged in the unlawful act or practice in good faith efforts to be made whole. (d) If the person alleged to have engaged in an unlawful act or practice fails to respond to the letter within 30 days after the letter is received, or delivering of the letter is attempted, the person who claims to have been aggrieved may pursue other efforts to be made whole, including filing a complaint in a court of competent jurisdiction or alternative dispute resolution, including mandatory arbitration if applicable. (e) The statute of limitations on a claim arising from the alleged unlawful act or practice subject to this section shall be tolled for a period of 30 days following the date of mailing as set forth in subdivision (a), plus any additional period of time during which the parties engage in negotiations under this section. (f) If the person who claims to have been aggrieved files a complaint in a court of law, he or she shall attach to the complaint a copy of the letter sent pursuant to this section and proof of its mailing. If the person who claims to have been aggrieved knows that the letter he or she sent to the person or entity alleged to have engaged in the unlawful act or practice was not received, he or she shall disclose that information in the complaint, shall describe the good faith efforts he or she made to comply with this section, and shall include any information explaining whether and why the provisions of this section were not complied with. (g) If a court, factfinder, or arbiter determines that the provisions of this subdivision were not complied with in good faith, that determination may be grounds for dismissing a claim that would otherwise be authorized. Because of the public policy encouraging resolution of disputes and a full and fair hearing on those disputes, if the court or other lawfully authorized factfinder dismisses a claim under this paragraph, he or she shall state in writing and with specificity why the case was dismissed and whether the case was dismissed with prejudice. If the alleged claims by an aggrieved party are not time barred, including the tolling of the limitation period as set forth in subdivision (e), the claims should be dismissed without prejudice to allow the aggrieved party to cure any alleged defects under this section. (h) This section does not apply to a claim arising from matters related to, or violations of, the Family Code, Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code, the Penal Code, or the Probate Code. (i) This section does not apply in the case of a true emergency in which court relief is required immediately under the terms and conditions required for injunctive relief pursuant to Section 526. (j) Attempts to comply with this section by a person receiving a demand shall be construed to be an offer to compromise and shall be inadmissible as evidence pursuant to Section 1152 of the Evidence Code. Further, attempts to comply with a demand shall not be considered an admission of engaging in an unlawful act or practice. Evidence of compliance or attempts to comply with this section may be introduced by a defendant solely for the purpose of establishing good faith or to show compliance with this section. (k) As used in this section, “authorized representative” means any person designated in writing by the person or entity alleged to have engaged in an unlawful act or practice to be his or her representative, and includes attorneys, representatives of an insurance company, or any other person who is authorized to resolve disputes on behalf of the person or entity alleged to have engaged in an unlawful act or practice with binding authority to resolve a dispute.

Existing law states the time and procedure for commencement of civil actions. This bill would require a person who claims to have been aggrieved by an alleged unlawful act or practice, to send a letter to the person or entity he or she alleges to have caused the harm that sets forth alleged facts in support of the grievance and any other information necessary to inform the person or entity of the alleged harm suffered, prior to filing any legal action or pursuing legally mandated alternative dispute resolution, as specified. The bill would require the person who claims to have been aggrieved to engage with that person or entity in good faith efforts to be made whole, if, during the 30-day period following the date on which the letter was received there is a response from the person or entity that is alleged to have engaged in the unlawful act or practice. The bill would toll the statute of limitations on a claim arising from the alleged unlawful act or practice for the 30-day period, including the following period of negotiations, if any. If, after that 30-day period there is no response, the bill would authorize the person who claims to have been aggrieved to pursue other efforts to be made whole, including filing a claim in a court of competent jurisdiction or alternative dispute resolution. The bill would require that if the person who claims to have been aggrieved files a complaint in a court of law, he or she shall describe in the complaint the good faith efforts he or she made to comply with these provisions or attach a copy of the letter sent pursuant to this section and proof of its mailing to the complaint. The bill would also authorize a court, factfinder, or arbiter, if it determines that these provisions were not complied with in good faith, to dismiss a claim that is otherwise authorized, in which case it would be required to state in writing and with specificity why the case was dismissed, and whether or not the case is dismissed with or without prejudice.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 314 is added to the Code of Civil Procedure, immediately following Section 313, to read: 314. (a) This section shall be known, and may be cited as, the Civility in Litigation Act. (b) Notwithstanding any law, a person who claims to have been aggrieved by an alleged unlawful act or practice shall, before filing any legal action or pursuing legally mandated alternative dispute resolution, including mandatory arbitration, send a letter to the person or entity he or she alleges to have caused the harm that sets forth alleged facts in support of the grievance and any other information necessary to inform the person or entity of the alleged harm suffered. The letter shall be signed by the person who claims to have been aggrieved, or his or her representative. (1) The letter shall be sent by certified mail to the last known address of the person or entity alleged to have engaged in the unlawful act or practice. (2) The letter may, alternatively, be sent to an authorized representative of the person or entity that is alleged to have engaged in the unlawful act or practice. (c) If the person or entity alleged to have engaged in the unlawful act or practice responds to the person who claims to have been aggrieved within 30 days after the letter specified in subdivision (b) is received, or delivery of the letter is attempted, the person claiming to have been aggrieved shall engage with the person or entity alleged to have engaged in the unlawful act or practice in good faith efforts to be made whole. (d) If the person alleged to have engaged in an unlawful act or practice fails to respond to the letter within 30 days after the letter is received, or delivering of the letter is attempted, the person who claims to have been aggrieved may pursue other efforts to be made whole, including filing a complaint in a court of competent jurisdiction or alternative dispute resolution, including mandatory arbitration if applicable. (e) The statute of limitations on a claim arising from the alleged unlawful act or practice subject to this section shall be tolled for a period of 30 days following the date of mailing as set forth in subdivision (a), plus any additional period of time during which the parties engage in negotiations under this section. (f) If the person who claims to have been aggrieved files a complaint in a court of law, he or she shall attach to the complaint a copy of the letter sent pursuant to this section and proof of its mailing. If the person who claims to have been aggrieved knows that the letter he or she sent to the person or entity alleged to have engaged in the unlawful act or practice was not received, he or she shall disclose that information in the complaint, shall describe the good faith efforts he or she made to comply with this section, and shall include any information explaining whether and why the provisions of this section were not complied with. (g) If a court, factfinder, or arbiter determines that the provisions of this subdivision were not complied with in good faith, that determination may be grounds for dismissing a claim that would otherwise be authorized. Because of the public policy encouraging resolution of disputes and a full and fair hearing on those disputes, if the court or other lawfully authorized factfinder dismisses a claim under this paragraph, he or she shall state in writing and with specificity why the case was dismissed and whether the case was dismissed with prejudice. If the alleged claims by an aggrieved party are not time barred, including the tolling of the limitation period as set forth in subdivision (e), the claims should be dismissed without prejudice to allow the aggrieved party to cure any alleged defects under this section. (h) This section does not apply to a claim arising from matters related to, or violations of, the Family Code, Chapter 7 (commencing with Section 12960) of Part 2.8 of Division 3 of Title 2 of the Government Code, the Penal Code, or the Probate Code. (i) This section does not apply in the case of a true emergency in which court relief is required immediately under the terms and conditions required for injunctive relief pursuant to Section 526. (j) Attempts to comply with this section by a person receiving a demand shall be construed to be an offer to compromise and shall be inadmissible as evidence pursuant to Section 1152 of the Evidence Code. Further, attempts to comply with a demand shall not be considered an admission of engaging in an unlawful act or practice. Evidence of compliance or attempts to comply with this section may be introduced by a defendant solely for the purpose of establishing good faith or to show compliance with this section. (k) As used in this section, “authorized representative” means any person designated in writing by the person or entity alleged to have engaged in an unlawful act or practice to be his or her representative, and includes attorneys, representatives of an insurance company, or any other person who is authorized to resolve disputes on behalf of the person or entity alleged to have engaged in an unlawful act or practice with binding authority to resolve a dispute. ### Summary: This text is a bill that would require that before filing a lawsuit, a person must first send a letter to the person or entity they allege to have caused the

The people of the State of California do enact as follows: SECTION 1. Section 6060.1.5 is added to the Business and Professions Code, to read: 6060.1.5. (a) In addition to satisfying the requirements in Section 6060, irrespective of the manner or law school in which an applicant acquires his or her legal education, an applicant for admission and a license to practice shall complete at least 50 hours of pro bono legal service prior to admission. The purpose of this pro bono legal service requirement is to supplement the applicant’s legal education with practical legal work experience and expose the applicant to the professional value of pro bono legal service for the public good. (b) All qualifying pro bono legal service shall be performed under the supervision of one of the following: (1) A member of a law school faculty, including part-time faculty, or an instructor employed by a law school. (2) A person with the appropriate licensing to represent the client before the relevant judicial body or government agency, which includes, but is not limited to, an active licensed attorney in good standing. (3) An active licensed attorney in good standing. (c) For the purposes of this section, the following definitions shall apply: (1) “Pro bono legal service” means work without compensation from the client who receives the legal service that is designed to benefit the public interest or persons who are indigent or of modest means for one of the individuals, organizations, or programs listed in subdivision (d) that is for one of the following purposes: (A) To secure or promote access to justice, including, but not limited to, the protection of civil rights, civil liberties, or public rights. (B) To address the economic, health, and social needs of persons who are indigent or of modest means. (C) To further the purpose of a charitable, civic, community, governmental, or educational organization where payment of the market rate for legal fees would significantly deplete the organization’s resources or would otherwise be inappropriate. (2) “Modest means” means low income, very low income, or extremely low income under the official state income limits established by the Department of Housing and Community Development under Section 50093 of the Health and Safety Code or under comparable official state income limits in another United States jurisdiction. (3) “Attorney incubator program” means a postgraduate training program that teaches attorneys how to form, develop, and sustain law firms. (d) Pro bono legal service shall be performed with or for any of the following: (1) A “legal aid organization,” as defined by Section 6159.51, or a qualified legal services project or a qualified support center, as defined in Section 6213. (2) A nonprofit organization. (3) A charitable, civic, community, governmental, or educational organization. (4) An externship, law school clinic or other placement approved for credit hours by a law school, or law school-sponsored project, in which the applicant is assigned work that otherwise meets the criteria of this section. (5) A law firm, including a solo practitioner, or other legal services provider where the applicant is assigned work that otherwise meets the criteria of this section. (6) A State Bar-certified lawyer referral and information services panel that provides legal services to the indigent or persons of modest means without charge or for less than market rate. (7) An attorney incubator program or nonprofit law corporation affiliated with a law school or bar association that provides legal services to the indigent or persons of modest means without charge or for less than market rate. (e) Nothing in this section prohibits an applicant from receiving compensation, including, but not limited to, a salary, for performing pro bono legal service that is paid by a person or entity other than the client who receives the pro bono legal service. (f) Subject to subdivision (b), the 50 hours of pro bono legal service, or any portion thereof, may be completed in any state or territory of the United States, the District of Columbia, or any foreign country. (g) The 50 hours of pro bono legal service shall be provided after the commencement of the applicant’s legal studies, and prior to admission. (h) (1) Upon completion of the pro bono legal service requirement, an applicant shall complete a form describing the nature and dates of pro bono legal service and the number of hours completed and submit the form to the State Bar. Both the applicant and the supervising attorney or active judge shall sign the form. The State Bar shall adopt rules for its retention of the certification forms. (2) The State Bar may create the form upon which the applicant can report completion of pro bono legal service. (i) No applicant may satisfy any part of the 50-hour requirement by participating in any partisan political activities. (j) The requirements of this section do not apply to: (1) An applicant who is already admitted to practice in any state, territory, or foreign jurisdiction. (2) An applicant who has earned a J.D. or its equivalent in a foreign jurisdiction and is qualified to practice without a separate admission process in that jurisdiction. (3) An applicant qualifying for admission by completion of an LL.M. degree program. (k) (1) Each law school shall publicly disclose on its Internet Web site through a link from the Internet Web site homepage of the law school under “Pro Bono Legal Service Requirement for Law Students,” all of the following information: (A) A description of the requirements of this section. (B) Links to programs available to students at the school and in the local community that provide opportunities for pro bono legal service and allow students to comply with the requirements of this section. (C) To the extent practicable, information about times and dates when the programs are open or available to students that have been provided to the law school by the pro bono legal service program. (2) Each law school shall provide an initial link to the above information to the State Bar no later than January 1, 2018, and shall maintain updated links to qualifying school and community programs on an annual basis. (l) The State Bar shall publicly disclose on its Internet Web site, with a link from the “Future Lawyers” or “Admissions” Internet Web page of the State Bar under “Pro Bono Legal Service Requirement for Law Students,” all of the following information: (1) A description of the requirements of this section. (2) A link to the information described in paragraph (1) of subdivision (k) for each law school in the state that provides its link to that information to the State Bar pursuant to paragraph (2) of subdivision (k). (m) Pursuant to rules adopted under subdivision (g), the State Bar shall randomly audit the compliance documentation applicants submit to ensure its consistency with the criteria in paragraph (1) of subdivision (c). This section shall not require the State Bar to audit or investigate any service providers for which work was done by an applicant or to evaluate the substance of any work that was done by an applicant. (n) The requirements of this section shall apply to all applicants who enter law school on or after January 1, 2018.

Existing law, the State Bar Act, requires an applicant for admission and a license to practice law, to meet certain requirements, including, but not limited to, having completed certain legal education in a law school, law office, or judge’s chambers, passed an examination in professional responsibility, and passed the general bar examination. Existing law prohibits a person from practicing law in this state unless he or she is an active member of the State Bar. This bill would additionally require an applicant, prior to admission, to complete at least 50 hours of supervised pro bono legal service, as specified, in order to supplement the applicant’s legal education with practical legal work experience. Upon completion of the pro bono legal service requirement, the bill would require an applicant and the supervisor, as defined, to complete and sign a form confirming completion of the pro bono service. The bill would require the State Bar to adopt rules for the retention of the certification forms. The bill would authorize the State Bar to create the form upon which an applicant can report completion of pro bono service. The bill would require the State Bar to randomly audit submitted forms to ensure compliance with these provisions. The bill would provide that these provisions apply to all applicants who enter law school on or after January 1, 2018.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 6060.1.5 is added to the Business and Professions Code, to read: 6060.1.5. (a) In addition to satisfying the requirements in Section 6060, irrespective of the manner or law school in which an applicant acquires his or her legal education, an applicant for admission and a license to practice shall complete at least 50 hours of pro bono legal service prior to admission. The purpose of this pro bono legal service requirement is to supplement the applicant’s legal education with practical legal work experience and expose the applicant to the professional value of pro bono legal service for the public good. (b) All qualifying pro bono legal service shall be performed under the supervision of one of the following: (1) A member of a law school faculty, including part-time faculty, or an instructor employed by a law school. (2) A person with the appropriate licensing to represent the client before the relevant judicial body or government agency, which includes, but is not limited to, an active licensed attorney in good standing. (3) An active licensed attorney in good standing. (c) For the purposes of this section, the following definitions shall apply: (1) “Pro bono legal service” means work without compensation from the client who receives the legal service that is designed to benefit the public interest or persons who are indigent or of modest means for one of the individuals, organizations, or programs listed in subdivision (d) that is for one of the following purposes: (A) To secure or promote access to justice, including, but not limited to, the protection of civil rights, civil liberties, or public rights. (B) To address the economic, health, and social needs of persons who are indigent or of modest means. (C) To further the purpose of a charitable, civic, community, governmental, or educational organization where payment of the market rate for legal fees would significantly deplete the organization’s resources or would otherwise be inappropriate. (2) “Modest means” means low income, very low income, or extremely low income under the official state income limits established by the Department of Housing and Community Development under Section 50093 of the Health and Safety Code or under comparable official state income limits in another United States jurisdiction. (3) “Attorney incubator program” means a postgraduate training program that teaches attorneys how to form, develop, and sustain law firms. (d) Pro bono legal service shall be performed with or for any of the following: (1) A “legal aid organization,” as defined by Section 6159.51, or a qualified legal services project or a qualified support center, as defined in Section 6213. (2) A nonprofit organization. (3) A charitable, civic, community, governmental, or educational organization. (4) An externship, law school clinic or other placement approved for credit hours by a law school, or law school-sponsored project, in which the applicant is assigned work that otherwise meets the criteria of this section. (5) A law firm, including a solo practitioner, or other legal services provider where the applicant is assigned work that otherwise meets the criteria of this section. (6) A State Bar-certified lawyer referral and information services panel that provides legal services to the indigent or persons of modest means without charge or for less than market rate. (7) An attorney incubator program or nonprofit law corporation affiliated with a law school or bar association that provides legal services to the indigent or persons of modest means without charge or for less than market rate. (e) Nothing in this section prohibits an applicant from receiving compensation, including, but not limited to, a salary, for performing pro bono legal service that is paid by a person or entity other than the client who receives the pro bono legal service. (f) Subject to subdivision (b), the 50 hours of pro bono legal service, or any portion thereof, may be completed in any state or territory of the United States, the District of Columbia, or any foreign country. (g) The 50 hours of pro bono legal service shall be provided after the commencement of the applicant’s legal studies, and prior to admission. (h) (1) Upon completion of the pro bono legal service requirement, an applicant shall complete a form describing the nature and dates of pro bono legal service and the number of hours completed and submit the form to the State Bar. Both the applicant and the supervising attorney or active judge shall sign the form. The State Bar shall adopt rules for its retention of the certification forms. (2) The State Bar may create the form upon which the applicant can report completion of pro bono legal service. (i) No applicant may satisfy any part of the 50-hour requirement by participating in any partisan political activities. (j) The requirements of this section do not apply to: (1) An applicant who is already admitted to practice in any state, territory, or foreign jurisdiction. (2) An applicant who has earned a J.D. or its equivalent in a foreign jurisdiction and is qualified to practice without a separate admission process in that jurisdiction. (3) An applicant qualifying for admission by completion of an LL.M. degree program. (k) (1) Each law school shall publicly disclose on its Internet Web site through a link from the Internet Web site homepage of the law school under “Pro Bono Legal Service Requirement for Law Students,” all of the following information: (A) A description of the requirements of this section. (B) Links to programs available to students at the school and in the local community that provide opportunities for pro bono legal service and allow students to comply with the requirements of this section. (C) To the extent practicable, information about times and dates when the programs are open or available to students that have been provided to the law school by the pro bono legal service program. (2) Each law school shall provide an initial link to the above information to the State Bar no later than January 1, 2018, and shall maintain updated links to qualifying school and community programs on an annual basis. (l) The State Bar shall publicly disclose on its Internet Web site, with a link from the “Future Lawyers” or “Admissions” Internet Web page of the State Bar under “Pro Bono Legal Service Requirement for Law Students,” all of the following information: (1) A description of the requirements of this section. (2) A link to the information described in paragraph (1) of subdivision (k) for each law school in the state that provides its link to that information to the State Bar pursuant to paragraph (2) of subdivision (k). (m) Pursuant to rules adopted under subdivision (g), the State Bar shall randomly audit the compliance documentation applicants submit to ensure its consistency with the criteria in paragraph (1) of subdivision (c). This section shall not require the State Bar to audit or investigate any service providers for which work was done by an applicant or to evaluate the substance of any work that was done by an applicant. (n) The requirements of this section shall apply to all applicants who enter law school on or after January 1, 2018. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) There are over 7,500 public water systems in California. The vast majority of these systems provide a reliable supply of safe drinking water. However, there are hundreds of smaller public water systems that consistently fail to provide a reliable supply of safe drinking water to their customers. Many failing public water systems were created without the necessary technical, managerial, or financial capacity to be sustainable in the long term in view of water supply uncertainties. These uncertainties can be created by effects on water quality and quantity, global climate change, migration of groundwater contamination, the establishment of new drinking water standards, and other factors that are known to significantly erode a system’s capacity. (b) Failing public water systems disproportionately affect disadvantaged communities who are least able to afford to address the conditions that led to the failure. (c) The proliferation of new, unsustainable public water systems also may undermine the state’s human right to water policy. (d) Therefore, it is the policy of the state to discourage the establishment of new, unsustainable public water systems when there is a feasible alternative. SEC. 2. Section 116527 is added to the Health and Safety Code, to read: 116527. (a) As used in this section, “water-related improvement” includes, but is not limited to, a water pipe, a water pump, or drinking water infrastructure. (b) (1) Before a person submits an application for a permit for a proposed new public water system, the person shall first submit a preliminary technical report to the state board at least six months before initiating construction of any water-related improvement. (2) In order to assist in expediting the permitting process, a person that is considering submitting an application for a permit for a proposed new public water system is encouraged, but is not required, to submit the preliminary technical report no later than seven days after submission of an application to the city or county for a building permit for any water-related improvement. (3) For a proposed new public water system that would be regulated by a local primacy agency, the applicant shall also submit a copy of the preliminary technical report to the state board. (c) The preliminary technical report shall include all of the following: (1) The name of each public water system for which any service area boundary is within three miles, as measured through existing public rights-of-way, of any boundary of the applicant’s proposed public water system’s service area. (2) A discussion of the feasibility of each of the adjacent public water systems identified pursuant to paragraph (1) annexing, connecting, or otherwise supplying domestic water to the applicant’s proposed new public water system’s service area. The applicant shall consult with each adjacent public water system in preparing the report and shall include in the report any information provided by each adjacent public water system regarding the feasibility of annexing, connecting, or otherwise supplying domestic water to that service area. (3) A discussion of all actions taken by the applicant to secure a supply of domestic water from an existing public water system for the proposed new public water system’s service area. (4) All sources of domestic water supply for the proposed new public water system. (5) The estimated cost to construct, operate, and maintain the proposed new public water system, including long-term operation and maintenance costs and a potential rate structure. (6) A comparison of the costs associated with the construction, operation and maintenance, and long-term sustainability of the proposed new public water system to the costs associated with providing water to the proposed new public water system’s service area through annexation by, consolidation with, or connection to an existing public water system. (7) A discussion of all actions taken by the applicant to pursue a contract for managerial or operational oversight from an existing public water system. (8) An analysis of whether a proposed new public water system’s total projected water supplies available during normal, single dry, or multiple dry water years during a 20-year projection will meet the projected water demand for the service area. (9) Any information provided by the local agency formation commission. The applicant shall consult with the local agency formation commission if any adjacent public water system identified pursuant to paragraph (1) is a local agency as defined by Section 56054 of the Government Code. (d) (1) If documents prepared to comply with Division 13 (commencing with Section 21000) of the Public Resources Code or any other application for public agency approval concerning providing drinking water to the proposed new public water system’s service area include the information required by subdivision (c), including documentation of the consultation with each adjacent public water system and the local agency formation commission, the applicant may submit those documents to the state board in lieu of the preliminary technical report and the documents shall be considered the functional equivalent of the preliminary technical report. (2) If documents prepared to comply with Division 13 (commencing with Section 21000) of the Public Resources Code or any other application for public agency approval concerning providing drinking water to the proposed new public water system’s service area include some, but not all, of the information required by subdivision (c), including documentation of the consultation with an adjacent public water system and the local agency formation commission, the applicant shall submit those documents and the preliminary technical report to the state board and together those documents and the preliminary technical report shall be considered the functional equivalent of the preliminary technical report requirements of this section. A preliminary technical report submitted pursuant to this paragraph shall only be required to include information that is not otherwise addressed by the other submitted documents. (e) Upon review of a preliminary technical report submitted pursuant to this section, the state board may do all of the following actions: (1) If an existing public water system has not already sought annexation of the service area of a proposed new public water system from the local agency formation commission or the applicant has not already sought an extension of services agreement from an existing public water system, direct the applicant to undertake additional discussion and negotiation with the local agency formation commission and any existing public water system meeting the requirements of paragraph (1) of subdivision (c) that the state board determines has the technical, managerial, and financial capacity to provide an adequate and reliable supply of domestic water to the service area of the proposed new public water system. The state board shall not direct the applicant to undertake additional discussion and negotiation if documentation submitted to the state board demonstrates that additional discussion and negotiation is unlikely to be successful, including, but not limited to, documentation that the local agency formation commission has previously denied the application for an extension of service or annexation, or that the existing public water system has declined to apply to the local agency formation commission for approval of an extension of services to, or annexation of, the service area of the proposed new public water system. (2) Direct the applicant to report on the results of discussion and negotiations conducted pursuant to paragraph (1) to the state board. (3) Establish a time schedule for the applicant’s performance of directives issued pursuant to this subdivision. (f) (1) An applicant shall comply with the state board’s directives as assigned in and consistent with subdivision (e) before submitting an application for a permit for a proposed new public water system under this chapter. (2) An application for a permit for a proposed new public water system under this chapter shall not be deemed complete unless the applicant has complied with the requirements of this section. (g) The state board’s review of a preliminary technical report pursuant to this section shall not be deemed a project or approval of a permit application submitted under this chapter. (h) The requirements of this section do not apply to either of the following: (1) An application for a permit for a new public water system that was deemed complete prior to January 1, 2017, pursuant to the statutory permit application requirements effective at the date of the permit submission. (2) An extension of, or annexation to, an existing public water system. (i) (1) The requirements of this section do not apply to a service area where an applicant certifies in writing to the state board that the applicant will not rely on the establishment of a new public water system for its water supply. The state board shall acknowledge receipt of the applicant’s certification in a timely manner. (2) An applicant who certifies that the service area will not rely on the establishment of a new public water system and later seeks a permit for a new public water system shall comply with the provisions of this section and shall assume all risk of delay or rejection related to the permit application. (j) (1) The provisions of this subdivision apply to a proposed new public water system that achieves either or both of the following: (A) Consolidates two or more existing public water systems, existing state small water systems, or other existing water systems, which results in the creation of a new public water system. (B) Provides water service in lieu of individual domestic wells. (2) At least six months before the construction of any water-related improvements, an applicant for a new public water system that meets the criteria in paragraph (1) shall provide a written notice to the state board that does both of the following: (A) Clearly describes the proposed new public water system and how it meets the criteria in paragraph (1). (B) Requests an exemption from the requirements of this section. (3) The state board shall promptly acknowledge receipt of a written notice described in paragraph (2). The state board shall have 30 days from the acknowledgment of receipt of the written notice to issue a written notice to the applicant that compliance with the requirements of this section is necessary and that an application for a permit of a new public water system under this chapter is not complete until the applicant has complied with the requirements of this section. A determination by the state board that compliance with the requirements of this section is necessary shall be final and is not subject to review by the state board. A determination by the state board pursuant to this subdivision is not considered a project subject to Division 13 (commencing with Section 21000) of the Public Resources Code. (4) If the state board receives a written notice from a project applicant that satisfies the requirements of paragraph (2), the project described in the notice is deemed exempt from the requirements of this section on the 35th day following the date of the state board’s acknowledgment of receipt of the written notice, unless the state board has issued a notice to comply pursuant to paragraph (3). SEC. 3. Section 116540 of the Health and Safety Code is amended to read: 116540. (a) Following completion of the investigation and satisfaction of the requirements of paragraphs (1) and (2), the state board shall issue or deny the permit. The state board may impose permit conditions, requirements for system improvements, technical, financial, or managerial requirements, and time schedules as it deems necessary to ensure a reliable and adequate supply of water at all times that is pure, wholesome, potable, and does not endanger the health of consumers. (1) A public water system that was not in existence on January 1, 1998, shall not be granted a permit unless the public water system demonstrates to the state board that the water supplier possesses adequate financial, managerial, and technical capability to ensure the delivery of pure, wholesome, and potable drinking water. This section shall also apply to any change of ownership of a public water system. (2) A permit under this chapter shall not be issued to an association organized under Title 3 (commencing with Section 18000) of the Corporations Code. This section shall not apply to unincorporated associations that, as of December 31, 1990, are holders of a permit issued under this chapter. (b) Notwithstanding Section 116330, a local primacy agency shall not issue a permit under this article without the concurrence of the state board. (c) In considering whether to approve a proposed new public water system, the state board shall consider the sustainability of the proposed new public water system and its water supply in the reasonably foreseeable future, in view of global climate change, potential migration of groundwater contamination and other potential treatment needs, and other factors that can significantly erode a system’s capacity. (d) If the state board determines that it is feasible for the service area of the public water system addressed by an application under this article to be served by one or more permitted public water systems identified pursuant to paragraph (1) of subdivision (c) of Section 116527, the state board may deny the permit of a proposed new public water system if it determines, based on its assessment of the preliminary technical report submitted pursuant to Section 116527, the permit application, and other relevant, substantial evidence submitted, that it is reasonably foreseeable that the proposed new public water system will be unable to provide affordable, safe drinking water in the reasonably foreseeable future. (e) An applicant may appeal decisions and actions of the deputy director taken pursuant to this section to the state board. SEC. 4. Section 106.4 is added to the Water Code, to read: 106.4. (a) For the purposes of this section: (1) “Bottled water” has the same meaning as defined in Section 111070 of the Health and Safety Code. (2) “Residential development” has the same meaning as defined in Section 65008 of the Government Code. (3) “Retail water facility” has the same meaning as defined in Section 111070 of the Health and Safety Code. (4) “Water-vending machine” has the same meaning as defined in Section 111070 of the Health and Safety Code. (5) “Water hauler” has the same meaning as defined in Section 111070 of the Health and Safety Code. (b) A city, including a charter city, or a county shall not issue a building permit for the construction of a new residential development where a source of water supply is water transported by a water hauler, bottled water, a water-vending machine, or a retail water facility. (c) This section does not apply to a residence that will be rebuilt because of a natural disaster. (d) The Legislature finds and declares that this section addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. SEC. 5. 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 or because 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, the California Safe Drinking Water Act, imposes on the State Water Resources Control Board various responsibilities and duties relating to providing a dependable, safe supply of drinking water. The act prohibits a person from operating a public water system unless he or she first submits an application, including a technical report, to the state board and receives a permit, as specified. The act requires the state board, upon determination that the application is complete, to make a specified investigation, and allows the state board to impose permit conditions, requirements for system improvements, and time schedules as the state board deems necessary to ensure an affordable, reliable, and adequate supply of water at all times that is pure, wholesome, and potable. The act provides that a person who knowingly makes a false statement or representation in a report submitted, maintained, or used for purposes of compliance with the act may be punished as a misdemeanor. This bill would require a person submitting an application for a permit for a proposed new public water system to first submit a preliminary technical report to the state board at least 6 months before initiating construction of any water-related improvement, as defined. Because a misstatement in the report could be a crime under the provision described above, this bill would impose a state-mandated local program by expanding the scope of a crime. The bill would allow the state board to direct the applicant to undertake additional discussion and negotiation with certain existing public water systems the state board determines have the technical, managerial, and financial capacity to provide an adequate and reliable supply of domestic water to the service area of the proposed new public water system, as specified, and would require an applicant to comply before submitting an application for a permit to operate a system and would prohibit the application from being deemed complete unless the applicant has complied. The bill would, if the state board determines that it is feasible for the service area of the public water system addressed by the application to be served by one or more currently permitted public water systems, authorize the state board to deny the permit of a proposed new public water system if it determines that it is reasonably foreseeable that the proposed new public water system will be unable to provide affordable, safe drinking water in the reasonably foreseeable future, as prescribed. (2) Existing law allows the state board to delegate primary responsibility for the administration and enforcement of the act within a county to a local health officer if certain criteria are met. Existing law requires that the local primacy agency be empowered with all of the authority granted to the state board over the specified public water systems. This bill would prohibit a local primacy agency from issuing a permit to operate a public water system without the concurrence of the state board. The bill would require, for a proposed new public water system that would be regulated by a local primacy agency, the applicant to also submit a copy of the preliminary technical report to the state board. (3) Existing law declares the established policy of the state that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes. Existing law requires a city or county that determines a project, as defined, is subject to the California Environmental Quality Act to identify certain water systems that may supply water for the project and to request those public water systems to prepare and approve a specified water supply assessment. Under existing law, if no public water system is identified, the city or county is required to prepare and approve the water supply assessment. Existing law provides that if, as a result of its assessment, the public water system or city or county concludes that its water supplies are, or will be, insufficient, the public water system or city or county is required to provide its plans for acquiring additional water supplies, as prescribed. This bill would prohibit a city, including a charter city, or a county from issuing a building permit for the construction of a new residential development where a source of the water supply is water transported by a water hauler, bottled water, a water-vending machine, or a retail water facility, as specified. By imposing new duties on a city or county in connection with the issuance of a building permit, the bill would impose a state-mandated local program. (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 specified reasons.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) There are over 7,500 public water systems in California. The vast majority of these systems provide a reliable supply of safe drinking water. However, there are hundreds of smaller public water systems that consistently fail to provide a reliable supply of safe drinking water to their customers. Many failing public water systems were created without the necessary technical, managerial, or financial capacity to be sustainable in the long term in view of water supply uncertainties. These uncertainties can be created by effects on water quality and quantity, global climate change, migration of groundwater contamination, the establishment of new drinking water standards, and other factors that are known to significantly erode a system’s capacity. (b) Failing public water systems disproportionately affect disadvantaged communities who are least able to afford to address the conditions that led to the failure. (c) The proliferation of new, unsustainable public water systems also may undermine the state’s human right to water policy. (d) Therefore, it is the policy of the state to discourage the establishment of new, unsustainable public water systems when there is a feasible alternative. SEC. 2. Section 116527 is added to the Health and Safety Code, to read: 116527. (a) As used in this section, “water-related improvement” includes, but is not limited to, a water pipe, a water pump, or drinking water infrastructure. (b) (1) Before a person submits an application for a permit for a proposed new public water system, the person shall first submit a preliminary technical report to the state board at least six months before initiating construction of any water-related improvement. (2) In order to assist in expediting the permitting process, a person that is considering submitting an application for a permit for a proposed new public water system is encouraged, but is not required, to submit the preliminary technical report no later than seven days after submission of an application to the city or county for a building permit for any water-related improvement. (3) For a proposed new public water system that would be regulated by a local primacy agency, the applicant shall also submit a copy of the preliminary technical report to the state board. (c) The preliminary technical report shall include all of the following: (1) The name of each public water system for which any service area boundary is within three miles, as measured through existing public rights-of-way, of any boundary of the applicant’s proposed public water system’s service area. (2) A discussion of the feasibility of each of the adjacent public water systems identified pursuant to paragraph (1) annexing, connecting, or otherwise supplying domestic water to the applicant’s proposed new public water system’s service area. The applicant shall consult with each adjacent public water system in preparing the report and shall include in the report any information provided by each adjacent public water system regarding the feasibility of annexing, connecting, or otherwise supplying domestic water to that service area. (3) A discussion of all actions taken by the applicant to secure a supply of domestic water from an existing public water system for the proposed new public water system’s service area. (4) All sources of domestic water supply for the proposed new public water system. (5) The estimated cost to construct, operate, and maintain the proposed new public water system, including long-term operation and maintenance costs and a potential rate structure. (6) A comparison of the costs associated with the construction, operation and maintenance, and long-term sustainability of the proposed new public water system to the costs associated with providing water to the proposed new public water system’s service area through annexation by, consolidation with, or connection to an existing public water system. (7) A discussion of all actions taken by the applicant to pursue a contract for managerial or operational oversight from an existing public water system. (8) An analysis of whether a proposed new public water system’s total projected water supplies available during normal, single dry, or multiple dry water years during a 20-year projection will meet the projected water demand for the service area. (9) Any information provided by the local agency formation commission. The applicant shall consult with the local agency formation commission if any adjacent public water system identified pursuant to paragraph (1) is a local agency as defined by Section 56054 of the Government Code. (d) (1) If documents prepared to comply with Division 13 (commencing with Section 21000) of the Public Resources Code or any other application for public agency approval concerning providing drinking water to the proposed new public water system’s service area include the information required by subdivision (c), including documentation of the consultation with each adjacent public water system and the local agency formation commission, the applicant may submit those documents to the state board in lieu of the preliminary technical report and the documents shall be considered the functional equivalent of the preliminary technical report. (2) If documents prepared to comply with Division 13 (commencing with Section 21000) of the Public Resources Code or any other application for public agency approval concerning providing drinking water to the proposed new public water system’s service area include some, but not all, of the information required by subdivision (c), including documentation of the consultation with an adjacent public water system and the local agency formation commission, the applicant shall submit those documents and the preliminary technical report to the state board and together those documents and the preliminary technical report shall be considered the functional equivalent of the preliminary technical report requirements of this section. A preliminary technical report submitted pursuant to this paragraph shall only be required to include information that is not otherwise addressed by the other submitted documents. (e) Upon review of a preliminary technical report submitted pursuant to this section, the state board may do all of the following actions: (1) If an existing public water system has not already sought annexation of the service area of a proposed new public water system from the local agency formation commission or the applicant has not already sought an extension of services agreement from an existing public water system, direct the applicant to undertake additional discussion and negotiation with the local agency formation commission and any existing public water system meeting the requirements of paragraph (1) of subdivision (c) that the state board determines has the technical, managerial, and financial capacity to provide an adequate and reliable supply of domestic water to the service area of the proposed new public water system. The state board shall not direct the applicant to undertake additional discussion and negotiation if documentation submitted to the state board demonstrates that additional discussion and negotiation is unlikely to be successful, including, but not limited to, documentation that the local agency formation commission has previously denied the application for an extension of service or annexation, or that the existing public water system has declined to apply to the local agency formation commission for approval of an extension of services to, or annexation of, the service area of the proposed new public water system. (2) Direct the applicant to report on the results of discussion and negotiations conducted pursuant to paragraph (1) to the state board. (3) Establish a time schedule for the applicant’s performance of directives issued pursuant to this subdivision. (f) (1) An applicant shall comply with the state board’s directives as assigned in and consistent with subdivision (e) before submitting an application for a permit for a proposed new public water system under this chapter. (2) An application for a permit for a proposed new public water system under this chapter shall not be deemed complete unless the applicant has complied with the requirements of this section. (g) The state board’s review of a preliminary technical report pursuant to this section shall not be deemed a project or approval of a permit application submitted under this chapter. (h) The requirements of this section do not apply to either of the following: (1) An application for a permit for a new public water system that was deemed complete prior to January 1, 2017, pursuant to the statutory permit application requirements effective at the date of the permit submission. (2) An extension of, or annexation to, an existing public water system. (i) (1) The requirements of this section do not apply to a service area where an applicant certifies in writing to the state board that the applicant will not rely on the establishment of a new public water system for its water supply. The state board shall acknowledge receipt of the applicant’s certification in a timely manner. (2) An applicant who certifies that the service area will not rely on the establishment of a new public water system and later seeks a permit for a new public water system shall comply with the provisions of this section and shall assume all risk of delay or rejection related to the permit application. (j) (1) The provisions of this subdivision apply to a proposed new public water system that achieves either or both of the following: (A) Consolidates two or more existing public water systems, existing state small water systems, or other existing water systems, which results in the creation of a new public water system. (B) Provides water service in lieu of individual domestic wells. (2) At least six months before the construction of any water-related improvements, an applicant for a new public water system that meets the criteria in paragraph (1) shall provide a written notice to the state board that does both of the following: (A) Clearly describes the proposed new public water system and how it meets the criteria in paragraph (1). (B) Requests an exemption from the requirements of this section. (3) The state board shall promptly acknowledge receipt of a written notice described in paragraph (2). The state board shall have 30 days from the acknowledgment of receipt of the written notice to issue a written notice to the applicant that compliance with the requirements of this section is necessary and that an application for a permit of a new public water system under this chapter is not complete until the applicant has complied with the requirements of this section. A determination by the state board that compliance with the requirements of this section is necessary shall be final and is not subject to review by the state board. A determination by the state board pursuant to this subdivision is not considered a project subject to Division 13 (commencing with Section 21000) of the Public Resources Code. (4) If the state board receives a written notice from a project applicant that satisfies the requirements of paragraph (2), the project described in the notice is deemed exempt from the requirements of this section on the 35th day following the date of the state board’s acknowledgment of receipt of the written notice, unless the state board has issued a notice to comply pursuant to paragraph (3). SEC. 3. Section 116540 of the Health and Safety Code is amended to read: 116540. (a) Following completion of the investigation and satisfaction of the requirements of paragraphs (1) and (2), the state board shall issue or deny the permit. The state board may impose permit conditions, requirements for system improvements, technical, financial, or managerial requirements, and time schedules as it deems necessary to ensure a reliable and adequate supply of water at all times that is pure, wholesome, potable, and does not endanger the health of consumers. (1) A public water system that was not in existence on January 1, 1998, shall not be granted a permit unless the public water system demonstrates to the state board that the water supplier possesses adequate financial, managerial, and technical capability to ensure the delivery of pure, wholesome, and potable drinking water. This section shall also apply to any change of ownership of a public water system. (2) A permit under this chapter shall not be issued to an association organized under Title 3 (commencing with Section 18000) of the Corporations Code. This section shall not apply to unincorporated associations that, as of December 31, 1990, are holders of a permit issued under this chapter. (b) Notwithstanding Section 116330, a local primacy agency shall not issue a permit under this article without the concurrence of the state board. (c) In considering whether to approve a proposed new public water system, the state board shall consider the sustainability of the proposed new public water system and its water supply in the reasonably foreseeable future, in view of global climate change, potential migration of groundwater contamination and other potential treatment needs, and other factors that can significantly erode a system’s capacity. (d) If the state board determines that it is feasible for the service area of the public water system addressed by an application under this article to be served by one or more permitted public water systems identified pursuant to paragraph (1) of subdivision (c) of Section 116527, the state board may deny the permit of a proposed new public water system if it determines, based on its assessment of the preliminary technical report submitted pursuant to Section 116527, the permit application, and other relevant, substantial evidence submitted, that it is reasonably foreseeable that the proposed new public water system will be unable to provide affordable, safe drinking water in the reasonably foreseeable future. (e) An applicant may appeal decisions and actions of the deputy director taken pursuant to this section to the state board. SEC. 4. Section 106.4 is added to the Water Code, to read: 106.4. (a) For the purposes of this section: (1) “Bottled water” has the same meaning as defined in Section 111070 of the Health and Safety Code. (2) “Residential development” has the same meaning as defined in Section 65008 of the Government Code. (3) “Retail water facility” has the same meaning as defined in Section 111070 of the Health and Safety Code. (4) “Water-vending machine” has the same meaning as defined in Section 111070 of the Health and Safety Code. (5) “Water hauler” has the same meaning as defined in Section 111070 of the Health and Safety Code. (b) A city, including a charter city, or a county shall not issue a building permit for the construction of a new residential development where a source of water supply is water transported by a water hauler, bottled water, a water-vending machine, or a retail water facility. (c) This section does not apply to a residence that will be rebuilt because of a natural disaster. (d) The Legislature finds and declares that this section addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. SEC. 5. 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 or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 667.1 of the Penal Code is amended to read: 667.1. Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, January 1, 2017, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they existed on November 7, 2012. January 1, 2017. SEC. 2. Section 667.5 of the Penal Code is amended to read: 667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows: (a) Where If one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant where if the prior offense was one of the violent felonies specified in subdivision (c). However, no additional term shall be imposed under this subdivision for any prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense which results in a felony conviction. (b) Except where if subdivision (a) applies, where if the new offense is any felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term or county jail term imposed under subdivision (h) of Section 1170 or when if the sentence is not suspended for any felony; provided that no felony. An additional term shall not be imposed under this subdivision for any prison term or county jail term imposed under subdivision (h) of Section 1170 or when if the sentence is not suspended prior to a period of five years in which the defendant remained free of both the commission of an offense which results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any felony sentence that is not suspended. A term imposed under the provisions of paragraph (5) of subdivision (h) of Section 1170, wherein a portion of the term is suspended by the court to allow mandatory supervision, shall qualify as a prior county jail term for the purposes of the one-year enhancement. (c) For the purpose of this section, “violent felony” shall mean any of the following: (1) Murder or voluntary manslaughter. (2) Mayhem. (3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262. (4) Sodomy as defined in subdivision (c) or (d) of Section 286. (5) Oral copulation as defined in subdivision (c) or (d) of Section 288a. (6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288. (7) Any felony punishable by death or imprisonment in the state prison for life. (8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55. (9) Any robbery. (10) Arson, in violation of subdivision (a) or (b) of Section 451. (11) Sexual penetration as defined in subdivision (a) or (j) of Section 289. (12) Attempted murder. (13) A violation of Section 18745, 18750, or 18755. (14) Kidnapping. (15) Assault with the intent to commit a specified felony, in violation of Section 220. (16) Continuous sexual abuse of a child, in violation of Section 288.5. (17) Carjacking, as defined in subdivision (a) of Section 215. (18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. (19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22. (20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22. (21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary. (22) Any violation of Section 12022.53. (23) A violation of subdivision (b) or (c) of Section 11418. The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence to display society’s condemnation for these extraordinary crimes of violence against the person. (24) Human trafficking, in violation of Section 236.1. (d) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever first occurs, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense. (e) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170. (f) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction. (g) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole which is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration. (h) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement. (i) For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term. (j) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison. (k) (1) Notwithstanding subdivisions (d) and (g) or any other provision of law, where one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section. (2) This subdivision shall does not apply when if a full, separate, and consecutive term is imposed pursuant to any other provision of law. SEC. 3. Section 1170.125 of the Penal Code is amended to read: 1170.125. Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, General Election, for all offenses committed on or after November 7, 2012, January 1, 2017, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they existed on November 7, 2012. January 1, 2017. 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. SECTION 1. Section 600 of the Harbors and Navigation Code is amended to read: 600. As used in this chapter: (a)“Watercraft” means any boat, ship, barge, craft or floating thing designed for navigation in the water. (b)“Nonresident” means a person who is not a resident of this state at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him, and also means a person who, at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him is a resident of this state but subsequently becomes a nonresident of this state.

Existing law, as amended by Proposition 21 as approved by the voters at the March 7, 2000, statewide primary election and by Proposition 83 of the November 7, 2006, statewide general election, classifies certain felonies as violent felonies for purposes of various provisions of the Penal Code. Existing law imposes an additional one-year term for a felony and a 3-year term for a violent felony for each prior separate prison term served for a violent felony. Existing law, as added by Proposition 184, adopted November 8, 1994, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, also imposes additional years of imprisonment in state prison on a person who commits a violent felony and has been convicted of, or who has a prior conviction for, a violent felony. The Legislature may amend the above-specified initiative statutes by a statute passed in each house by a 2/3 vote. This bill would additionally define human trafficking as a violent felony subject to the enhanced term of imprisonment. Because this bill would increase penalties for a violation of human trafficking crimes, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Existing law regulates the operation of watercraft, as defined, in the waterways of the state. Existing law defines a “watercraft” for purposes of those provisions to mean any boat, ship, barge, craft, or floating thing designed for navigation in the water. This bill would make nonsubstantive changes in that definition of watercraft.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 667.1 of the Penal Code is amended to read: 667.1. Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, January 1, 2017, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they existed on November 7, 2012. January 1, 2017. SEC. 2. Section 667.5 of the Penal Code is amended to read: 667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows: (a) Where If one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant where if the prior offense was one of the violent felonies specified in subdivision (c). However, no additional term shall be imposed under this subdivision for any prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense which results in a felony conviction. (b) Except where if subdivision (a) applies, where if the new offense is any felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term or county jail term imposed under subdivision (h) of Section 1170 or when if the sentence is not suspended for any felony; provided that no felony. An additional term shall not be imposed under this subdivision for any prison term or county jail term imposed under subdivision (h) of Section 1170 or when if the sentence is not suspended prior to a period of five years in which the defendant remained free of both the commission of an offense which results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any felony sentence that is not suspended. A term imposed under the provisions of paragraph (5) of subdivision (h) of Section 1170, wherein a portion of the term is suspended by the court to allow mandatory supervision, shall qualify as a prior county jail term for the purposes of the one-year enhancement. (c) For the purpose of this section, “violent felony” shall mean any of the following: (1) Murder or voluntary manslaughter. (2) Mayhem. (3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262. (4) Sodomy as defined in subdivision (c) or (d) of Section 286. (5) Oral copulation as defined in subdivision (c) or (d) of Section 288a. (6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288. (7) Any felony punishable by death or imprisonment in the state prison for life. (8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55. (9) Any robbery. (10) Arson, in violation of subdivision (a) or (b) of Section 451. (11) Sexual penetration as defined in subdivision (a) or (j) of Section 289. (12) Attempted murder. (13) A violation of Section 18745, 18750, or 18755. (14) Kidnapping. (15) Assault with the intent to commit a specified felony, in violation of Section 220. (16) Continuous sexual abuse of a child, in violation of Section 288.5. (17) Carjacking, as defined in subdivision (a) of Section 215. (18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. (19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22. (20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22. (21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary. (22) Any violation of Section 12022.53. (23) A violation of subdivision (b) or (c) of Section 11418. The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence to display society’s condemnation for these extraordinary crimes of violence against the person. (24) Human trafficking, in violation of Section 236.1. (d) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever first occurs, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense. (e) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170. (f) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense which includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction. (g) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole which is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration. (h) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement. (i) For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term. (j) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison. (k) (1) Notwithstanding subdivisions (d) and (g) or any other provision of law, where one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section. (2) This subdivision shall does not apply when if a full, separate, and consecutive term is imposed pursuant to any other provision of law. SEC. 3. Section 1170.125 of the Penal Code is amended to read: 1170.125. Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, General Election, for all offenses committed on or after November 7, 2012, January 1, 2017, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they existed on November 7, 2012. January 1, 2017. 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. SECTION 1. Section 600 of the Harbors and Navigation Code is amended to read: 600. As used in this chapter: (a)“Watercraft” means any boat, ship, barge, craft or floating thing designed for navigation in the water. (b)“Nonresident” means a person who is not a resident of this state at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him, and also means a person who, at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him is a resident of this state but subsequently becomes a nonresident of this state. ### Summary: This bill amends the Penal Code to provide that for all offenses committed on or after November 7, 2012, all references to existing statutes in

The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares all of the following: (1) There is an urgent and crucial need for mental health crisis stabilization services in California. (2) In 2004, the California electorate approved Proposition 63, the Mental Health Services Act, to address serious mental illness among adults, children, and seniors, including the provision of prevention and early intervention services. (3) Currently, there are counties using Mental Health Services Act (MHSA) moneys for crisis stabilization services, and other counties that are not. Some counties not using MHSA moneys for crisis stabilization services have expressed the need for clarification of state law that the colocation of voluntary and involuntary services at facilities providing crisis stabilization services does not preclude the use of MHSA moneys. (b) The Legislature finds and declares that this act clarifies that counties may use funds provided under the Mental Health Services Act to provide services to individuals who are voluntarily receiving services at facilities at which individuals who are receiving services involuntarily are also treated. voluntary services to individuals who are receiving services at facilities in which involuntary services are also provided. SEC. 2. Section 5813.5 of the Welfare and Institutions Code is amended to read: 5813.5. Subject to the availability of funds from the Mental Health Services Fund, the state shall distribute funds for the provision of services under Sections 5801, 5802, and 5806 to county mental health programs. Services shall be available to adults and seniors with severe illnesses who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. For purposes of this act, “seniors” means older adult persons identified in Part 3 (commencing with Section 5800) of this division. (a) Funding shall be provided at sufficient levels to ensure that counties can provide each adult and senior served pursuant to this part with the medically necessary mental health services, medications, and supportive services set forth in the applicable treatment plan. (b) The funding shall only cover the portions of those costs of services that cannot be paid for with other funds including other mental health funds, public and private insurance, and other local, state, and federal funds. (c) Each county mental health program’s plan shall provide for services in accordance with the system of care for adults and seniors who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. (d) Planning for services shall be consistent with the philosophy, principles, and practices of the Recovery Vision recovery vision for mental health consumers: (1) To promote concepts key to the recovery for individuals who have mental illness: hope, personal empowerment, respect, social connections, self-responsibility, and self-determination. (2) To promote consumer-operated services as a way to support recovery. (3) To reflect the cultural, ethnic, and racial diversity of mental health consumers. (4) To plan for each consumer’s individual needs. (e) The plan for each county mental health program shall indicate, subject to the availability of funds as determined by Part 4.5 (commencing with Section 5890), and other funds available for mental health services, adults and seniors with a severe mental illness being served by this program are either receiving services from this program or have a mental illness that is not sufficiently severe to require the level of services required of this program. (f) Each county plan and annual update pursuant to Section 5847 shall consider ways to provide services similar to those established pursuant to the Mentally Ill Offender Crime Reduction Grant Program. Funds shall not be used to pay for persons incarcerated in state prison or parolees from state prisons. (1) When included in county plans pursuant to Section 5847, funds may be used for the provision of mental health services under Sections 5347 and 5348 in counties that elect to participate in the Assisted Outpatient Treatment Demonstration Project Act of 2002 (Article 9 (commencing with Section 5345) of Chapter 2 of Part 1). (2) When included in county plans pursuant to Section 5847, funds may be used for the provision of voluntary outpatient crisis stabilization services to individuals who are voluntarily receiving those services, even when facilities colocate services to individuals, even when individuals who are receiving services involuntarily involuntary services are treated at the same facility. This paragraph is not intended to require or authorize the displacement of employees covered under a collective bargaining agreement governed by the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code) who perform services described in this paragraph. (g) The department shall contract for services with county mental health programs pursuant to Section 5897. After the effective date of this section, the term grants referred to in Sections 5814 and 5814.5 shall refer to such contracts.

Existing law contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, funds a system of county mental health plans for the provision of mental health services, as specified. The act establishes the Mental Health Services Fund, which is continuously appropriated to to, and administered by by, the State Department of Health Care Services, to fund specified county mental health programs, including programs funded under the Adult and Older Adult Mental Health System of Care Act. Existing law prohibits these funds from being used to pay for persons incarcerated in state prison or parolees from state prisons. This bill would clarify that the counties may use Mental Health Services Fund moneys to provide voluntary outpatient crisis stabilization services to individuals who are voluntarily receiving those services, individuals, even when individuals who are receiving involuntary services involuntarily are treated at the same facility. Because the bill would clarify the procedures and terms of Proposition 63, it would require a majority vote of the Legislature.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares all of the following: (1) There is an urgent and crucial need for mental health crisis stabilization services in California. (2) In 2004, the California electorate approved Proposition 63, the Mental Health Services Act, to address serious mental illness among adults, children, and seniors, including the provision of prevention and early intervention services. (3) Currently, there are counties using Mental Health Services Act (MHSA) moneys for crisis stabilization services, and other counties that are not. Some counties not using MHSA moneys for crisis stabilization services have expressed the need for clarification of state law that the colocation of voluntary and involuntary services at facilities providing crisis stabilization services does not preclude the use of MHSA moneys. (b) The Legislature finds and declares that this act clarifies that counties may use funds provided under the Mental Health Services Act to provide services to individuals who are voluntarily receiving services at facilities at which individuals who are receiving services involuntarily are also treated. voluntary services to individuals who are receiving services at facilities in which involuntary services are also provided. SEC. 2. Section 5813.5 of the Welfare and Institutions Code is amended to read: 5813.5. Subject to the availability of funds from the Mental Health Services Fund, the state shall distribute funds for the provision of services under Sections 5801, 5802, and 5806 to county mental health programs. Services shall be available to adults and seniors with severe illnesses who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. For purposes of this act, “seniors” means older adult persons identified in Part 3 (commencing with Section 5800) of this division. (a) Funding shall be provided at sufficient levels to ensure that counties can provide each adult and senior served pursuant to this part with the medically necessary mental health services, medications, and supportive services set forth in the applicable treatment plan. (b) The funding shall only cover the portions of those costs of services that cannot be paid for with other funds including other mental health funds, public and private insurance, and other local, state, and federal funds. (c) Each county mental health program’s plan shall provide for services in accordance with the system of care for adults and seniors who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. (d) Planning for services shall be consistent with the philosophy, principles, and practices of the Recovery Vision recovery vision for mental health consumers: (1) To promote concepts key to the recovery for individuals who have mental illness: hope, personal empowerment, respect, social connections, self-responsibility, and self-determination. (2) To promote consumer-operated services as a way to support recovery. (3) To reflect the cultural, ethnic, and racial diversity of mental health consumers. (4) To plan for each consumer’s individual needs. (e) The plan for each county mental health program shall indicate, subject to the availability of funds as determined by Part 4.5 (commencing with Section 5890), and other funds available for mental health services, adults and seniors with a severe mental illness being served by this program are either receiving services from this program or have a mental illness that is not sufficiently severe to require the level of services required of this program. (f) Each county plan and annual update pursuant to Section 5847 shall consider ways to provide services similar to those established pursuant to the Mentally Ill Offender Crime Reduction Grant Program. Funds shall not be used to pay for persons incarcerated in state prison or parolees from state prisons. (1) When included in county plans pursuant to Section 5847, funds may be used for the provision of mental health services under Sections 5347 and 5348 in counties that elect to participate in the Assisted Outpatient Treatment Demonstration Project Act of 2002 (Article 9 (commencing with Section 5345) of Chapter 2 of Part 1). (2) When included in county plans pursuant to Section 5847, funds may be used for the provision of voluntary outpatient crisis stabilization services to individuals who are voluntarily receiving those services, even when facilities colocate services to individuals, even when individuals who are receiving services involuntarily involuntary services are treated at the same facility. This paragraph is not intended to require or authorize the displacement of employees covered under a collective bargaining agreement governed by the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code) who perform services described in this paragraph. (g) The department shall contract for services with county mental health programs pursuant to Section 5897. After the effective date of this section, the term grants referred to in Sections 5814 and 5814.5 shall refer to such contracts. ### Summary: This bill clarifies that counties may use funds provided under the Mental Health Services Act to provide services to individuals who are voluntarily receiving services at facilities at which individuals who are

The people of the State of California do enact as follows: SECTION 1. Section 23826.13 is added to the Business and Professions Code, to read: 23826.13. (a) Notwithstanding any other provision of this chapter, in any county of the sixth class, the department may issue no more than a total of five new original neighborhood-restricted special on-sale general licenses to premises located in any of the census tracts listed in subdivision (b) beginning on January 1, 2017. (b) To qualify for a license issued pursuant to this section, the premises for which the license would apply shall be located within one of the following United States Bureau of Census census tracts located within the City and County of San Francisco: (1) United States Bureau of the Census census tracts 612000, 232000, 234000, 233000, or 230030. (2) United States Bureau of the Census census tracts 258000 or 257020. (3) United States Bureau of the Census census tract 264030. (4) United States Bureau of the Census census tracts 255000, 256000, 260020, 260010, 260040, 261000, or 263010. (5) United States Bureau of the Census census tracts 309000, 310000, or 312010. (6) United States Bureau of the Census census tracts 330000, 329010, 328010, 353000, or 354000. (7) United States Bureau of the Census census tracts 328020, 329020, 351000, or 352010. (c) In issuing the licenses pursuant to this section, the department shall follow the procedure set forth in Section 23961. A license shall not be issued pursuant to this section to an applicant until any existing on-sale licenses issued to the applicant for the same premises are canceled. (d) (1) A person who currently holds an on-sale general license for a premises shall not apply for a license issued pursuant to this section for that licensed premises. (2) In addition to the other requirements of this section, an application for a neighborhood-restricted on-sale general license shall be subject to all the requirements that apply to an on-sale general license for a bona fide eating place. (3) Prior to submitting an application for a license issued pursuant to this section, the applicant shall conduct a minimum of one preapplication meeting to discuss the application with neighbors and members of the community within the census tract in which the premises are located. (A) The applicant shall hold the meeting either on the premises or at an alternate location within a one-mile radius of the premises. (B) The applicant shall mail notification of the preapplication meeting to all of the following individuals and organizations at least 14 calendar days before the meeting: (i) Each resident within a 500-foot radius of the premises for which the license is to be issued. (ii) Any relevant neighborhood associations for the neighborhood in which the premises is located, as identified on a list maintained by the Planning Department of the City and County of San Francisco. (iii) The Chief of Police for the San Francisco Police Department. (C) Applicants for a neighborhood-restricted special on-sale general license shall submit, on a form provided by the department, signed verification by the local government body that states the applicant has completed the preapplication meeting pursuant to this section. (e) (1) A license issued pursuant to this section shall not be transferred between counties. (2) A license issued pursuant to this section shall not be transferred to any other premises. This provision shall not apply to any licensee whose premises have been destroyed as a result of fire or any act of God or other force beyond the control of the licensee, for whom the provisions of Section 24081 shall apply. (3) A license issued pursuant to this section shall not be transferred to any person, partnership, limited partnership, limited liability company, or corporation. This provision shall not apply to licenses transferred under Section 24071, 24071.1, or 24071.2. (f) Upon the cancellation of any license issued pursuant to this section, the license shall be returned to the department for issuance to a new applicant following the procedure set forth in Section 23961 and the provisions of this section. (g) A person that holds a neighborhood-restricted special on-sale general license issued pursuant to this section shall not exchange his or her license for an on-sale license for public premises. (h) Except as specified herein, a neighborhood-restricted special on-sale general license may exercise all of the privileges, and is subject to all the restrictions, of an on-sale general license for a bona fide eating place. (i) A neighborhood-restricted special on-sale general license issued pursuant to this section shall not, with respect to beer and wine, authorize the exercise of the rights and privileges granted by an off-sale beer and wine license. (j) (1) The original and annual fees, and any additional fees and surcharges, shall be the same as those imposed upon an on-sale general license for a bona fide eating place. (2) All moneys collected from the fees imposed pursuant to this section shall be deposited in the Alcohol Beverage Control Fund, pursuant to Section 25761. (k) The department shall adopt rules and regulations to enforce the provisions of this section. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique distribution and market conditions of liquor licenses in the City and County of San Francisco, that apply only to the City and County of San Francisco. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other provisions of law.

The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act also provides for a limitation on the amount of on-sale general licenses that may be issued by the department based on the population of the county in which the licensed premises are located, as provided. Existing law also provides for various annual fees for the issuance of alcoholic beverage licenses, depending on the type of license issued. This bill would, beginning January 1, 2017, provide an exception to the license limitation for a county of the 6th class, as specified, for 5 new original neighborhood-restricted special on-sale general licenses for premises located within specified census tracts in that county, subject to specified requirements. This bill would impose an original fee and annual renewal fee for the license, which would be deposited in the Alcohol Beverage Control Fund, and would require an applicant for this license to submit a specified application, submitted under the penalty of perjury, to the Department of Alcoholic Beverage Control. This bill would also require the applicant to submit a signed verification by the local government in which the licensed premises would be located stating that the applicant has completed certain preapplication requirements. By requiring an applicant to submit an application under penalty of perjury, thereby expanding the crime of perjury, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason and that no reimbursement shall be made pursuant to those statutory provisions for costs mandated by the state pursuant to this act, but would recognize that local agencies and school districts may pursue any available remedies to seek reimbursement for these costs. This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 23826.13 is added to the Business and Professions Code, to read: 23826.13. (a) Notwithstanding any other provision of this chapter, in any county of the sixth class, the department may issue no more than a total of five new original neighborhood-restricted special on-sale general licenses to premises located in any of the census tracts listed in subdivision (b) beginning on January 1, 2017. (b) To qualify for a license issued pursuant to this section, the premises for which the license would apply shall be located within one of the following United States Bureau of Census census tracts located within the City and County of San Francisco: (1) United States Bureau of the Census census tracts 612000, 232000, 234000, 233000, or 230030. (2) United States Bureau of the Census census tracts 258000 or 257020. (3) United States Bureau of the Census census tract 264030. (4) United States Bureau of the Census census tracts 255000, 256000, 260020, 260010, 260040, 261000, or 263010. (5) United States Bureau of the Census census tracts 309000, 310000, or 312010. (6) United States Bureau of the Census census tracts 330000, 329010, 328010, 353000, or 354000. (7) United States Bureau of the Census census tracts 328020, 329020, 351000, or 352010. (c) In issuing the licenses pursuant to this section, the department shall follow the procedure set forth in Section 23961. A license shall not be issued pursuant to this section to an applicant until any existing on-sale licenses issued to the applicant for the same premises are canceled. (d) (1) A person who currently holds an on-sale general license for a premises shall not apply for a license issued pursuant to this section for that licensed premises. (2) In addition to the other requirements of this section, an application for a neighborhood-restricted on-sale general license shall be subject to all the requirements that apply to an on-sale general license for a bona fide eating place. (3) Prior to submitting an application for a license issued pursuant to this section, the applicant shall conduct a minimum of one preapplication meeting to discuss the application with neighbors and members of the community within the census tract in which the premises are located. (A) The applicant shall hold the meeting either on the premises or at an alternate location within a one-mile radius of the premises. (B) The applicant shall mail notification of the preapplication meeting to all of the following individuals and organizations at least 14 calendar days before the meeting: (i) Each resident within a 500-foot radius of the premises for which the license is to be issued. (ii) Any relevant neighborhood associations for the neighborhood in which the premises is located, as identified on a list maintained by the Planning Department of the City and County of San Francisco. (iii) The Chief of Police for the San Francisco Police Department. (C) Applicants for a neighborhood-restricted special on-sale general license shall submit, on a form provided by the department, signed verification by the local government body that states the applicant has completed the preapplication meeting pursuant to this section. (e) (1) A license issued pursuant to this section shall not be transferred between counties. (2) A license issued pursuant to this section shall not be transferred to any other premises. This provision shall not apply to any licensee whose premises have been destroyed as a result of fire or any act of God or other force beyond the control of the licensee, for whom the provisions of Section 24081 shall apply. (3) A license issued pursuant to this section shall not be transferred to any person, partnership, limited partnership, limited liability company, or corporation. This provision shall not apply to licenses transferred under Section 24071, 24071.1, or 24071.2. (f) Upon the cancellation of any license issued pursuant to this section, the license shall be returned to the department for issuance to a new applicant following the procedure set forth in Section 23961 and the provisions of this section. (g) A person that holds a neighborhood-restricted special on-sale general license issued pursuant to this section shall not exchange his or her license for an on-sale license for public premises. (h) Except as specified herein, a neighborhood-restricted special on-sale general license may exercise all of the privileges, and is subject to all the restrictions, of an on-sale general license for a bona fide eating place. (i) A neighborhood-restricted special on-sale general license issued pursuant to this section shall not, with respect to beer and wine, authorize the exercise of the rights and privileges granted by an off-sale beer and wine license. (j) (1) The original and annual fees, and any additional fees and surcharges, shall be the same as those imposed upon an on-sale general license for a bona fide eating place. (2) All moneys collected from the fees imposed pursuant to this section shall be deposited in the Alcohol Beverage Control Fund, pursuant to Section 25761. (k) The department shall adopt rules and regulations to enforce the provisions of this section. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique distribution and market conditions of liquor licenses in the City and County of San Francisco, that apply only to the City and County of San Francisco. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other provisions of law. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares the following: (a) In keeping with its obligation to safeguard the humane and just treatment of all individuals located in California, it is the intent of the Legislature that this bill declare the state’s intolerance to profiting from the incarceration of Californians held in immigration detention and its desire to ensure the just and humane treatment of our most vulnerable populations. (b) It is the further intent of the Legislature to ensure the uniform treatment of individuals detained within immigration detention facilities, operating in California, in a manner that meets or exceeds the federal national standards and other applicable legal requirements. SEC. 2. Section 1670.9 is added to the Civil Code, to read: 1670.9. (a) A city, county, city and county, or a local law enforcement agency shall not enter into or renew a contract, or modify a contract to extend the length of the contract, with a private corporation, contractor, or vendor to detain immigrants in civil immigration proceedings for profit. This subdivision shall become operative on January 1, 2018. (b) If a city, county, city and county, or a local law enforcement agency chooses to enter into a contract, renews a contract, or modifies a contract to extend the length of the contract, to detain immigrants in civil immigration proceedings, it shall detain immigrants only pursuant to a contract that requires the immigration detention facility operator to adhere to the standards for detaining those individuals described in the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013 and ICE Directive 11065.1 (Review of the Use of Segregation for ICE Detainees). (c) Any facility that detains an immigrant pursuant to a contract with a city, county, city and county, or a local law enforcement agency is subject to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (d) An immigration detention facility operator, an agent of an immigration detention facility, or a person acting on behalf of an immigration detention facility, shall not deprive any immigrant detainee in civil immigration proceedings access to an attorney or any other person authorized by the Board of Immigration Appeals under Section 292.2 of Title 8 of the Code of Federal Regulations, access to a translator or interpretation services, medical care, freedom from harm or harassment, or privacy. (e) An immigrant detainee shall not be involuntarily placed in segregated housing in an immigration detention facility because of his or her actual or perceived gender, gender identity, gender expression, or sexual orientation, as defined in Section 422.56 of the Penal Code. Transgender and gender nonconforming immigrant detainees shall be given the option to choose a housing placement consistent with their gender identity. (f) Nothing in this section shall prohibit an immigration detention facility operator from exceeding the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013 or ICE Directive 11065.1 (Review of the Use of Segregation for ICE Detainees). (g) If an immigration detention facility operator, or agent of an immigration detention facility, or person acting on behalf of an immigration detention facility, violates subdivision (d) or (e), or the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013, or ICE Directive 11065.1 (Review of Use of Segregation for ICE Detainees), the Attorney General, or any district attorney or city attorney, may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California. An action brought by the Attorney General, any district attorney, or any city attorney may also seek a civil penalty of twenty-five thousand dollars ($25,000). If this civil penalty is requested, it shall be assessed individually against each person who is determined to have violated this section, and the penalty shall be awarded to each individual who has been injured under this section. (h) For purposes of this section, the following definitions shall apply: (1) “Immigration detention facility” means a facility where immigrants are detained for civil immigration proceedings pursuant to an agreement between a city, county, or city and county, or a law enforcement agency and either of the following: (A) The United States Department of Homeland Security or other federal agency. (B) A private corporation, contractor, or private vendor. (2) “Immigration detention facility operator” means an individual, firm, corporation, association, partnership, joint venture, commercial entity, municipality, commission, or political division of the State of California that operates or owns an immigration detention facility. (3) “Segregated housing” means administrative segregation or disciplinary segregation, as defined in the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013, or any other act resulting in an individual being segregated from the general population through prolonged physical or social isolation for hours, days, weeks, or years. 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.

Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals. Existing law authorizes a county board of supervisors on behalf of its sheriff, and a legislative body of a city on behalf of its chief of police, to contract to provide supplemental law enforcement services to private individuals, private entities, and private corporations in specified circumstances and subject to certain conditions. This bill would, commencing on January 1, 2018, prohibit a city, county, or a city and county, or a local law enforcement agency from entering into or renewing a contract, or modifying a contract to extend the length of the contract, with a private corporation, contractor, or vendor to detain immigrants in civil immigration proceedings for profit. Existing law requires the Board of State and Community Corrections to establish minimum standards for local correctional facilities, as specified. This bill would require a city, county, or city and county, or a local law enforcement agency that chooses to enter into a contract to detain immigrants in civil immigration proceedings to detain immigrants only pursuant to a contract that requires the immigration detention facility operator to adhere to specified standards. The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are exempt from disclosure. This bill would specify that any facility that detains an immigrant pursuant to a contract with a city, county, city and county, or a local law enforcement agency is subject to the California Public Records Act. Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of California are free and equal no matter their national origin, citizenship, or immigration status and are entitled to full and equal accommodations, facilities, and privileges in all business establishments of every kind. Persons denied their rights under this act may obtain specified remedies, including treble damages. This bill would provide that an immigration detention facility operator, as defined, an agent thereof, or a person acting on its behalf, shall not deprive an immigrant detainee in civil immigration proceedings of specified rights, including access to an attorney or other authorized person, medical care, freedom from harm or harassment, or privacy. The bill would prohibit an immigration detention facility from involuntarily placing a detainee in segregated housing because of his or her actual or perceived gender, gender identity, gender expression, or sexual orientation. This bill would authorize the Attorney General or any district attorney or city attorney to bring a civil action against an immigration detention facility, an agent thereof, or a person acting on its behalf that violates a detainee’s rights, as specified. The bill would provide that its provisions are severable.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares the following: (a) In keeping with its obligation to safeguard the humane and just treatment of all individuals located in California, it is the intent of the Legislature that this bill declare the state’s intolerance to profiting from the incarceration of Californians held in immigration detention and its desire to ensure the just and humane treatment of our most vulnerable populations. (b) It is the further intent of the Legislature to ensure the uniform treatment of individuals detained within immigration detention facilities, operating in California, in a manner that meets or exceeds the federal national standards and other applicable legal requirements. SEC. 2. Section 1670.9 is added to the Civil Code, to read: 1670.9. (a) A city, county, city and county, or a local law enforcement agency shall not enter into or renew a contract, or modify a contract to extend the length of the contract, with a private corporation, contractor, or vendor to detain immigrants in civil immigration proceedings for profit. This subdivision shall become operative on January 1, 2018. (b) If a city, county, city and county, or a local law enforcement agency chooses to enter into a contract, renews a contract, or modifies a contract to extend the length of the contract, to detain immigrants in civil immigration proceedings, it shall detain immigrants only pursuant to a contract that requires the immigration detention facility operator to adhere to the standards for detaining those individuals described in the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013 and ICE Directive 11065.1 (Review of the Use of Segregation for ICE Detainees). (c) Any facility that detains an immigrant pursuant to a contract with a city, county, city and county, or a local law enforcement agency is subject to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (d) An immigration detention facility operator, an agent of an immigration detention facility, or a person acting on behalf of an immigration detention facility, shall not deprive any immigrant detainee in civil immigration proceedings access to an attorney or any other person authorized by the Board of Immigration Appeals under Section 292.2 of Title 8 of the Code of Federal Regulations, access to a translator or interpretation services, medical care, freedom from harm or harassment, or privacy. (e) An immigrant detainee shall not be involuntarily placed in segregated housing in an immigration detention facility because of his or her actual or perceived gender, gender identity, gender expression, or sexual orientation, as defined in Section 422.56 of the Penal Code. Transgender and gender nonconforming immigrant detainees shall be given the option to choose a housing placement consistent with their gender identity. (f) Nothing in this section shall prohibit an immigration detention facility operator from exceeding the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013 or ICE Directive 11065.1 (Review of the Use of Segregation for ICE Detainees). (g) If an immigration detention facility operator, or agent of an immigration detention facility, or person acting on behalf of an immigration detention facility, violates subdivision (d) or (e), or the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013, or ICE Directive 11065.1 (Review of Use of Segregation for ICE Detainees), the Attorney General, or any district attorney or city attorney, may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California. An action brought by the Attorney General, any district attorney, or any city attorney may also seek a civil penalty of twenty-five thousand dollars ($25,000). If this civil penalty is requested, it shall be assessed individually against each person who is determined to have violated this section, and the penalty shall be awarded to each individual who has been injured under this section. (h) For purposes of this section, the following definitions shall apply: (1) “Immigration detention facility” means a facility where immigrants are detained for civil immigration proceedings pursuant to an agreement between a city, county, or city and county, or a law enforcement agency and either of the following: (A) The United States Department of Homeland Security or other federal agency. (B) A private corporation, contractor, or private vendor. (2) “Immigration detention facility operator” means an individual, firm, corporation, association, partnership, joint venture, commercial entity, municipality, commission, or political division of the State of California that operates or owns an immigration detention facility. (3) “Segregated housing” means administrative segregation or disciplinary segregation, as defined in the 2011 Operations Manual ICE Performance-Based National Detention Standards as corrected and clarified in February 2013, or any other act resulting in an individual being segregated from the general population through prolonged physical or social isolation for hours, days, weeks, or years. 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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 14717.5 is added to the Welfare and Institutions Code, to read: 14717.5. (a) A mental health plan review shall be conducted annually by an external quality review organization (EQRO) pursuant to federal regulations at 42 C.F.R. 438.350 et seq.. Commencing July 1, 2018, the review shall include specific data for Medi-Cal eligible minor and nonminor dependents in foster care, including all of the following: (1) The number of Medi-Cal eligible minor and nonminor dependents in foster care served each year. (2) Details on the types of mental health services provided to children, including prevention and treatment services. These types of services may include, but are not limited to, screenings, assessments, home-based mental health services, outpatient services, day treatment services or inpatient services, psychiatric hospitalizations, crisis interventions, case management, and psychotropic medication support services. (3) Access to, and timeliness of, mental health services, as described in Sections 1300.67.2, 1300.67.2.1, and 1300.67.2.2 of Title 28 of the California Code of Regulations and consistent with Section 438.206 of Title 42 of the Code of Federal Regulations, available to Medi-Cal eligible minor and nonminor dependents in foster care. (4) Quality of mental health services available to Medi-Cal eligible minor and nonminor dependents in foster care. (5) Translation and interpretation services, consistent with Section 438.10(c)(4) and (5) of Title 42 of the Code of Federal Regulations and Section 1810.410 of Title 9 of the California Code of Regulations, available to Medi-Cal eligible minor and nonminor dependents in foster care. (6) Performance data for Medi-Cal eligible minor and nonminor dependents in foster care. (7) Utilization data for Medi-Cal eligible minor and nonminor dependents in foster care. (8) Medication monitoring consistent with the child welfare psychotropic medication measures developed by the State Department of Social Services and any Healthcare Effectiveness Data and Information Set (HEDIS) measures related to psychotropic medications, including, but not limited to, the following: (A) Follow-Up Care for Children Prescribed Attention Deficit Hyperactivity Disorder Medication (HEDIS ADD). (B) Use of Multiple Concurrent Antipsychotics in Children and Adolescents (HEDIS APC). (C) Use of First-Line Psychosocial Care for Children and Adolescents on Antipsychotics (HEDIS APP). (D) Metabolic Monitoring for Children and Adolescents on Antipsychotics (HEDIS APM). (b) (1) The department shall post the EQRO data disaggregated by Medi-Cal eligible minor and nonminor dependents in foster care on the department’s Internet Web site in a manner that is publicly accessible. (2) The department shall review the EQRO data for Medi-Cal eligible minor and nonminor dependents in foster care. (3) If the EQRO identifies deficiencies in a mental health plan’s ability to serve Medi-Cal eligible minor and nonminor dependents in foster care, the department shall notify the mental health plan in writing of identified deficiencies. (4) The mental health plan shall provide a written corrective action plan to the department within 60 days of receiving the notice required pursuant to paragraph (2). The department shall notify the mental health plan of approval of the corrective action plan or shall request changes, if necessary, within 30 days after receipt of the corrective action plan. Final corrective action plans shall be made publicly available by, at minimum, posting on the department’s Internet Web site. (c) To the extent possible, the department shall, in connection with its duty to implement Section 14707.5, share with county boards of supervisors data that will assist in the development of mental health service plans, such as data described in federal regulations at 42 C.F.R. 438.350 et seq., subdivision (c) of Section 16501.4, and paragraph (1) of subdivision (a) of Section 1538.8 of the Health and Safety Code. (d) The department shall annually share performance outcome system data with county boards of supervisors for the purpose of informing mental health service plans. Performance outcome system data shared with county boards of supervisors shall include, but not be limited to, the following disaggregated data for Medi-Cal eligible minor and nonminor dependents in foster care: (1) The number of youth receiving specialty mental health services. (2) The racial distribution of youth receiving specialty mental health services. (3) The gender distribution of youth receiving specialty mental health services. (4) The number of youth, by race, with one or more specialty mental health service visits. (5) The number of youth, by race, with five or more specialty mental health service visits. (6) Utilization data for intensive home services, intensive care coordination, case management, therapeutic behavioral services, medication support services, crisis intervention, crisis stabilization, full-day intensive treatment, full-day treatment, full-day rehabilitation, and hospital inpatient days. (7) A unique count of youth receiving specialty mental health services who are arriving, exiting, and continuing with services. (e) The department shall ensure that the performance outcome system data metrics include disaggregated data for Medi-Cal eligible minor and nonminor dependents in foster care. These data shall be in a format that can be analyzed.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including specialty mental health services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing law, specialty mental health services are provided by mental health plans and the department is responsible for conducting investigations and audits of claims and reimbursements for expenditures for specialty mental health services provided by mental health plans to Medi-Cal eligible individuals. This bill would require annual mental health plan reviews to be conducted by an external quality review organization (EQRO) and, commencing July 1, 2018, would require those reviews to include specific data for Medi-Cal eligible minor and nonminor dependents in foster care, including the number of Medi-Cal eligible minor and nonminor dependents in foster care served each year. The bill would require the department to share data with county boards of supervisors, including data that will assist in the development of mental health service plans and performance outcome system data and metrics, as specified. This bill would require the department to post any corrective action plan prepared by the mental health plan to address deficiencies identified by the EQRO review and the EQRO data on its Internet Web site, as specified. The bill would also require the department to notify the mental health plan of any deficiencies and would require the mental health plan to provide a written corrective action plan to the department.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 14717.5 is added to the Welfare and Institutions Code, to read: 14717.5. (a) A mental health plan review shall be conducted annually by an external quality review organization (EQRO) pursuant to federal regulations at 42 C.F.R. 438.350 et seq.. Commencing July 1, 2018, the review shall include specific data for Medi-Cal eligible minor and nonminor dependents in foster care, including all of the following: (1) The number of Medi-Cal eligible minor and nonminor dependents in foster care served each year. (2) Details on the types of mental health services provided to children, including prevention and treatment services. These types of services may include, but are not limited to, screenings, assessments, home-based mental health services, outpatient services, day treatment services or inpatient services, psychiatric hospitalizations, crisis interventions, case management, and psychotropic medication support services. (3) Access to, and timeliness of, mental health services, as described in Sections 1300.67.2, 1300.67.2.1, and 1300.67.2.2 of Title 28 of the California Code of Regulations and consistent with Section 438.206 of Title 42 of the Code of Federal Regulations, available to Medi-Cal eligible minor and nonminor dependents in foster care. (4) Quality of mental health services available to Medi-Cal eligible minor and nonminor dependents in foster care. (5) Translation and interpretation services, consistent with Section 438.10(c)(4) and (5) of Title 42 of the Code of Federal Regulations and Section 1810.410 of Title 9 of the California Code of Regulations, available to Medi-Cal eligible minor and nonminor dependents in foster care. (6) Performance data for Medi-Cal eligible minor and nonminor dependents in foster care. (7) Utilization data for Medi-Cal eligible minor and nonminor dependents in foster care. (8) Medication monitoring consistent with the child welfare psychotropic medication measures developed by the State Department of Social Services and any Healthcare Effectiveness Data and Information Set (HEDIS) measures related to psychotropic medications, including, but not limited to, the following: (A) Follow-Up Care for Children Prescribed Attention Deficit Hyperactivity Disorder Medication (HEDIS ADD). (B) Use of Multiple Concurrent Antipsychotics in Children and Adolescents (HEDIS APC). (C) Use of First-Line Psychosocial Care for Children and Adolescents on Antipsychotics (HEDIS APP). (D) Metabolic Monitoring for Children and Adolescents on Antipsychotics (HEDIS APM). (b) (1) The department shall post the EQRO data disaggregated by Medi-Cal eligible minor and nonminor dependents in foster care on the department’s Internet Web site in a manner that is publicly accessible. (2) The department shall review the EQRO data for Medi-Cal eligible minor and nonminor dependents in foster care. (3) If the EQRO identifies deficiencies in a mental health plan’s ability to serve Medi-Cal eligible minor and nonminor dependents in foster care, the department shall notify the mental health plan in writing of identified deficiencies. (4) The mental health plan shall provide a written corrective action plan to the department within 60 days of receiving the notice required pursuant to paragraph (2). The department shall notify the mental health plan of approval of the corrective action plan or shall request changes, if necessary, within 30 days after receipt of the corrective action plan. Final corrective action plans shall be made publicly available by, at minimum, posting on the department’s Internet Web site. (c) To the extent possible, the department shall, in connection with its duty to implement Section 14707.5, share with county boards of supervisors data that will assist in the development of mental health service plans, such as data described in federal regulations at 42 C.F.R. 438.350 et seq., subdivision (c) of Section 16501.4, and paragraph (1) of subdivision (a) of Section 1538.8 of the Health and Safety Code. (d) The department shall annually share performance outcome system data with county boards of supervisors for the purpose of informing mental health service plans. Performance outcome system data shared with county boards of supervisors shall include, but not be limited to, the following disaggregated data for Medi-Cal eligible minor and nonminor dependents in foster care: (1) The number of youth receiving specialty mental health services. (2) The racial distribution of youth receiving specialty mental health services. (3) The gender distribution of youth receiving specialty mental health services. (4) The number of youth, by race, with one or more specialty mental health service visits. (5) The number of youth, by race, with five or more specialty mental health service visits. (6) Utilization data for intensive home services, intensive care coordination, case management, therapeutic behavioral services, medication support services, crisis intervention, crisis stabilization, full-day intensive treatment, full-day treatment, full-day rehabilitation, and hospital inpatient days. (7) A unique count of youth receiving specialty mental health services who are arriving, exiting, and continuing with services. (e) The department shall ensure that the performance outcome system data metrics include disaggregated data for Medi-Cal eligible minor and nonminor dependents in foster care. These data shall be in a format that can be analyzed. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 933.05 of the Penal Code is amended to read: 933.05. (a)For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1)The respondent agrees with the finding. (2)The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b)For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1)The recommendation has been implemented, with a summary regarding the implemented action. (2)The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3)The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4)The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c)If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d)(1)A grand jury shall request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (2)A grand jury may disclose the factual data used in making its findings during discussions conducted pursuant to paragraph (1). (3)A grand jury may provide to a subject person or entity for comment an administrative draft of that portion of the grand jury’s report relating to that subject person or entity. An administrative draft provided pursuant to this paragraph shall include proposed grand jury findings, may include the factual data utilized in making the grand jury’s findings, and shall not include the grand jury’s recommendations. Within a time period determined by the grand jury, but no sooner than 10 days after the grand jury submits an administrative draft of its report to a subject person or entity for comment, the subject person or entity may file with the grand jury written comments on the findings and data included in the administrative draft pertaining to that subject person or entity. An officer, agency, department, or governing body of a public agency shall not disclose any contents of the administrative draft of the report prior to the public release of the final report. (e)During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. (f)A grand jury shall provide to the affected agency for comment a copy of the portion of the grand jury report relating to that person or entity no later than 10 days prior to its public release and after the approval of the presiding judge. All written comments of the affected agency may be submitted to the presiding judge of the superior court who impaneled the grand jury no later than 10 days after receipt of a copy of the grand jury final report by the affected agency. A copy of all written comments by the affected agency shall be placed on file as part of the contents of the applicable grand jury final report and included in the public release of the final report. An officer, agency, department, or governing body of a public agency shall not disclose any contents of the report prior to the public release of the final report. (g)(1)Notwithstanding any other law, except as provided in paragraph (2), the governing body of an affected agency may meet in closed session to discuss and prepare written comments of the affected agency to both of the following: (A)The findings and factual data contained in an administrative draft of the grand jury report submitted for comment by a grand jury pursuant to paragraph (3) of subdivision (d). (B)A grand jury final report submitted for comment by a grand jury pursuant to subdivision (f). (2)If the legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body shall do so in a meeting conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) unless exempted from this requirement by some other provision of law. SECTION 1. Section 933.05 of the Penal Code is amended to read: 933.05. (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) However, if If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. (f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. (g) 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 933.05 is added to the Penal Code, to read: 933.05. (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d) (1) A grand jury shall conduct at least one exit interview of an official or other responsible representative of each entity to which recommendations will be directed in a final grand jury report. The grand jury shall read to, and discuss with, the exit interviewee the draft findings of the report that relate to that entity in order to verify the accuracy of the findings. (2) The grand jury may also discuss with the exit interviewee the facts in that report that support one or more of those findings. (3) With the court’s approval, the grand jury may provide to the exit interviewee a copy of the draft findings related to that entity and may allow the subject entity to provide written comments to the grand jury concerning the draft findings within a time to be determined by the grand jury, but at least five working days after providing the draft findings to the exit interviewee. (4) The grand jury shall not reveal to the exit interviewee the name of any person, or another fact that identifies any person, who provided information to the grand jury. (5) Any draft findings given to the exit interviewee shall remain confidential and shall not be distributed to anyone outside the entity prior to or after the release of the final report. The exit interviewee and any board, officer, employee, or agent of the entity shall not publicly reveal any other information obtained during the exit interview prior to the public release of the report. (e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. (f) A grand jury shall provide to the affected entity a copy of the portion of the grand jury report relating to that person or entity no later than six working days prior to its public release and after the approval of the presiding judge. The subject person or entity may submit a preliminary response on behalf of the affected entity to the presiding judge of the superior court who impaneled the grand jury, with a copy of that preliminary response submitted to the grand jury, no later than six working days after receipt of a copy of the grand jury final report by the affected entity. The grand jury shall, when the final report is publicly released, also release a copy of any preliminary response that relates to the final report either by posting the preliminary response on an Internet Web site or by electronic transmission with the final report. If the grand jury distributes printed copies of the report, the preliminary response or a citation to the Internet Web site where the report and preliminary response, if any, are posted shall be included with or in the report. A board, officer, employee, agent, department, or governing body of the entity shall not disclose any contents of the report prior to the public release of the final report. (g) (1) Notwithstanding any other law, except as provided in paragraph (2), the governing body of an affected entity may meet in closed session to do both of the following: (A) Discuss and prepare written comments of the affected entity to the confidential draft findings and the facts related to those confidential draft findings of the grand jury report submitted to the entity by the grand jury pursuant to paragraph (3) of subdivision (d). (B) Discuss and prepare a written preliminary response to a grand jury final report submitted to the entity by the grand jury pursuant to subdivision (f). (2) If the legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body shall do so in a meeting conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) unless exempted from this requirement by some other law. (h) This section shall become operative on July 1, 2017. SEC. 2. SEC. 3. The Legislature finds and declares that Section 1 of this act, which amends Section 933.05 of the Penal 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 confidentiality of grand jury investigations and reports, it is necessary for this act to take effect.

(1) Existing law sets forth the duties of the grand jury of each county . Existing law requires the grand jury to submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year. Existing law authorizes a grand jury to request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. This bill would require a grand jury to request a subject person or entity to come before the grand jury as described above. The bill would authorize a grand jury to disclose the factual data used in making its findings during discussions conducted pursuant to these provisions. This bill would authorize a grand jury to provide to a subject person or entity for comment an administrative draft of that portion of the grand jury’s report relating to that subject person or entity. The bill would require an administrative draft provided pursuant to this provision to include proposed grand jury findings, would authorize the draft to include the factual data utilized in making the grand jury’s findings, and would prohibit the draft from including the grand jury’s recommendations. Within a time period determined by the grand jury, but no sooner than 10 days after the grand jury submits an administrative draft of its report to a subject person or entity for comment, the bill would authorize the subject person or entity to file with the grand jury written comments on the findings and data included in the administrative draft pertaining to that subject person or entity. The bill would prohibit an officer, agency, department, or governing body of a public agency from disclosing any contents of the administrative draft of the report prior to the public release of the final report. This bill would delete the authority of a grand jury to request a subject person or entity to come before it for purposes of reading and discussing the findings of a grand jury report. The bill would instead require a grand jury to conduct at least one exit interview of an official or other responsible representative of each entity to which recommendations will be directed in a final grand jury report. The bill would authorize the grand jury, with the court’s approval, to provide to the exit interviewee a copy of the draft findings related to that entity and would allow the subject entity to provide written comments to the grand jury concerning the draft findings within a time to be determined by the grand jury, but at least 5 working days after providing the draft findings to the exit interviewee. The bill would require any draft findings given to the exit interviewee to remain confidential, would prohibit those findings from being distributed to anyone outside the entity prior to or after the release of the final report, and would prohibit the exit interviewee and any board, officer, employee, or agent of the entity from publicly revealing any other information obtained during the exit interview prior to the public release of the report. Existing law requires a grand jury to provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity 2 working days prior to its public release and after the approval of the presiding judge. This bill would instead require a grand jury to provide to the affected agency for comment entity a copy of the portion of the grand jury report relating to that person or entity no later than 10 6 working days prior to its public release and after the approval of the presiding judge. The bill would authorize all written comments of the affected agency to be submitted the subject person or entity to submit a preliminary response on behalf of the affected entity to the presiding judge of the superior court who impaneled the grand jury jury, with a copy of that preliminary response submitted to the grand jury, no later than 10 6 working days after receipt of a copy of the grand jury final report by the affected agency. The bill would require a copy of all written comments by the affected agency to be placed on file as part of the contents of the applicable the grand jury to release, when the final report is publicly released, a copy of any preliminary response that relates to the final report and included in the public release of the final report. either by posting the preliminary response on an Internet Web site or by electronic transmission with the final report, as specified. (2) The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. This bill would authorize the governing body of an affected agency entity to meet in closed session to discuss and prepare written comments of the affected agency entity to the confidential draft findings and factual data contained in an administrative draft the facts related to those confidential draft findings of the grand jury report and a grand jury final report submitted for comment to the entity by a the grand jury pursuant to the provisions described above. The bill would also authorize the governing body of an affected entity to meet in closed session to discuss and prepare a written preliminary response to a grand jury final report submitted to the entity by the grand jury pursuant to the provisions described above. The bill would require, if a legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body to do so in a meeting conducted pursuant to the Ralph M. Brown Act unless exempted from this requirement by some other provision of law. (3) This bill would make its provisions operative beginning July 1, 2017. (3) (4) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 933.05 of the Penal Code is amended to read: 933.05. (a)For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1)The respondent agrees with the finding. (2)The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b)For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1)The recommendation has been implemented, with a summary regarding the implemented action. (2)The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3)The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4)The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c)If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d)(1)A grand jury shall request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (2)A grand jury may disclose the factual data used in making its findings during discussions conducted pursuant to paragraph (1). (3)A grand jury may provide to a subject person or entity for comment an administrative draft of that portion of the grand jury’s report relating to that subject person or entity. An administrative draft provided pursuant to this paragraph shall include proposed grand jury findings, may include the factual data utilized in making the grand jury’s findings, and shall not include the grand jury’s recommendations. Within a time period determined by the grand jury, but no sooner than 10 days after the grand jury submits an administrative draft of its report to a subject person or entity for comment, the subject person or entity may file with the grand jury written comments on the findings and data included in the administrative draft pertaining to that subject person or entity. An officer, agency, department, or governing body of a public agency shall not disclose any contents of the administrative draft of the report prior to the public release of the final report. (e)During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. (f)A grand jury shall provide to the affected agency for comment a copy of the portion of the grand jury report relating to that person or entity no later than 10 days prior to its public release and after the approval of the presiding judge. All written comments of the affected agency may be submitted to the presiding judge of the superior court who impaneled the grand jury no later than 10 days after receipt of a copy of the grand jury final report by the affected agency. A copy of all written comments by the affected agency shall be placed on file as part of the contents of the applicable grand jury final report and included in the public release of the final report. An officer, agency, department, or governing body of a public agency shall not disclose any contents of the report prior to the public release of the final report. (g)(1)Notwithstanding any other law, except as provided in paragraph (2), the governing body of an affected agency may meet in closed session to discuss and prepare written comments of the affected agency to both of the following: (A)The findings and factual data contained in an administrative draft of the grand jury report submitted for comment by a grand jury pursuant to paragraph (3) of subdivision (d). (B)A grand jury final report submitted for comment by a grand jury pursuant to subdivision (f). (2)If the legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body shall do so in a meeting conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) unless exempted from this requirement by some other provision of law. SECTION 1. Section 933.05 of the Penal Code is amended to read: 933.05. (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) However, if If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. (f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. (g) 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 933.05 is added to the Penal Code, to read: 933.05. (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decisionmaking authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d) (1) A grand jury shall conduct at least one exit interview of an official or other responsible representative of each entity to which recommendations will be directed in a final grand jury report. The grand jury shall read to, and discuss with, the exit interviewee the draft findings of the report that relate to that entity in order to verify the accuracy of the findings. (2) The grand jury may also discuss with the exit interviewee the facts in that report that support one or more of those findings. (3) With the court’s approval, the grand jury may provide to the exit interviewee a copy of the draft findings related to that entity and may allow the subject entity to provide written comments to the grand jury concerning the draft findings within a time to be determined by the grand jury, but at least five working days after providing the draft findings to the exit interviewee. (4) The grand jury shall not reveal to the exit interviewee the name of any person, or another fact that identifies any person, who provided information to the grand jury. (5) Any draft findings given to the exit interviewee shall remain confidential and shall not be distributed to anyone outside the entity prior to or after the release of the final report. The exit interviewee and any board, officer, employee, or agent of the entity shall not publicly reveal any other information obtained during the exit interview prior to the public release of the report. (e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. (f) A grand jury shall provide to the affected entity a copy of the portion of the grand jury report relating to that person or entity no later than six working days prior to its public release and after the approval of the presiding judge. The subject person or entity may submit a preliminary response on behalf of the affected entity to the presiding judge of the superior court who impaneled the grand jury, with a copy of that preliminary response submitted to the grand jury, no later than six working days after receipt of a copy of the grand jury final report by the affected entity. The grand jury shall, when the final report is publicly released, also release a copy of any preliminary response that relates to the final report either by posting the preliminary response on an Internet Web site or by electronic transmission with the final report. If the grand jury distributes printed copies of the report, the preliminary response or a citation to the Internet Web site where the report and preliminary response, if any, are posted shall be included with or in the report. A board, officer, employee, agent, department, or governing body of the entity shall not disclose any contents of the report prior to the public release of the final report. (g) (1) Notwithstanding any other law, except as provided in paragraph (2), the governing body of an affected entity may meet in closed session to do both of the following: (A) Discuss and prepare written comments of the affected entity to the confidential draft findings and the facts related to those confidential draft findings of the grand jury report submitted to the entity by the grand jury pursuant to paragraph (3) of subdivision (d). (B) Discuss and prepare a written preliminary response to a grand jury final report submitted to the entity by the grand jury pursuant to subdivision (f). (2) If the legislative body of a local agency meets to discuss the final report of the grand jury at either a regular or special meeting after the public release of a grand jury final report, the legislative body shall do so in a meeting conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) unless exempted from this requirement by some other law. (h) This section shall become operative on July 1, 2017. SEC. 2. SEC. 3. The Legislature finds and declares that Section 1 of this act, which amends Section 933.05 of the Penal 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 confidentiality of grand jury investigations and reports, it is necessary for this act to take effect. ### Summary: This bill amends Section 933.05 of the Penal Code to require a grand jury to meet with the subject of an investigation regarding the investigation,

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 been a global leader in reducing the emissions of greenhouse gases through the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of Health and Safety Code) and the Governor’s Executive Orders S-3-05 and B-30-15. (b) The state has developed a comprehensive climate adaptation strategy document titled “Safeguarding California: Implementation Action Plans” and has established the Integrated Climate Adaptation and Resiliency Program to further coordinate local and regional efforts with the state climate adaptation strategies. (c) The state’s existing investment in natural infrastructure, including urban forest canopy, which helps accomplish both carbon sequestration and climate resilience, is at risk due to existing drought conditions. (d) The drought has heightened awareness and underscored the importance of sustainable water management. (e) Improved water retention and infiltration can greatly reduce reliance on potentially energy-intensive long-distance water imports and thereby reduce emissions of greenhouse gases. (f) Through carbon sequestration, the protection and management of natural and working lands and organic waste diversion are both integral to accomplishing the state’s policy to reduce greenhouse gas levels. (g) The state has recently developed a strategy to dramatically increase the diversion of organic waste from landfills, with the organic waste being used to create compost and mulch. (h) Composting and use of organic waste in improved landscape and healthy soil management have great potential to be cost effective at reducing greenhouse gas levels through improved carbon soil sequestration and may also greatly improve water retention and infiltration of stormwater flows. (i) Composting may also provide important environmental and agricultural cobenefits, including reduction of naturally occurring volatile organic compounds and ammonia, and may help the state address agriculture, dairy, and forestry waste in a proper and environmentally responsible manner. SEC. 2. Section 42649.87 of the Public Resources Code is amended to read: 42649.87. (a) The California Environmental Protection Agency, in coordination with the department, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, shall develop and implement policies to aid in diverting organic waste from landfills by promoting the use of agricultural, forestry, and urban organic waste as a feedstock for compost and by promoting the appropriate use of that compost throughout the state. (b) In developing policies pursuant to subdivision (a), the California Environmental Protection Agency shall promote a goal of reducing at least five million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, which include, but are not limited to, agricultural land, land used for forestry, and rangeland. The California Environmental Protection Agency shall work with the Department of Food and Agriculture to achieve this goal. (c) The California Secretary for Environmental Protection Agency and the Secretary of Food and Agriculture shall ensure proper coordination of agency regulations and goals to implement this section. The California Environmental Protection Agency and the Department of Food and Agriculture, with the department, the State Water Resources Control Board, and the State Air Resources Board shall do all of the following: (1) Assess the state’s progress towards developing the organic waste processing and recycling infrastructure necessary to meet the state goals specified in Assembly Bill 341 (Chapter 476 of the Statutes of 2011), Assembly Bill 1826 (Chapter 727 of the Statutes of 2014), the State Air Resources Board’s May 2015 Short-Lived Climate Pollutant Reduction Strategy concept paper, and the Department of Food and Agriculture’s Healthy Soils Initiative. (2) Meet at least quarterly and consult with interested stakeholders, including, but not limited to, the compost industry, local governments, and environmental organizations, to encourage the continued viability of the state’s organic waste processing and recycling infrastructure. (3) Hold at least one public workshop annually to inform the public of actions taken to implement this section and to receive public comment. (4) (A) Develop recommendations for promoting organic waste processing and recycling infrastructure statewide, which shall be posted on the California Environmental Protection Agency’s Internet Web site no later than January 1, 2017, and updated annually thereafter. (B) Develop recommendations for promoting the use of compost throughout the state, which shall be posted on the California Environmental Protection Agency’s Internet Web site no later than January 1, 2018, and updated annually thereafter, and identify an implementing agency for purposes of Section 42649.89. (5) Assess state programs to determine how those programs may increase the use of compost for purposes of increasing carbon sequestration in urban and rural areas. (d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 3. Section 42649.89 is added to the Public Resources Code, to read: 42649.89. (a) The implementing agency identified pursuant to paragraph (4) of subdivision (c) of Section 42649.87 shall develop a program to implement policies for promoting the use of compost throughout the state, if recommended pursuant to paragraph (4) of subdivision (c) of Section 42649.87. (b) For purposes of the program developed pursuant to subdivision (a), the implementing agency shall prioritize projects that utilize the services of community conservation corps, as defined in Section 14507.5, or other local non-profit entities that employ underprivileged youth. SEC. 2. SEC. 4. Division 45 (commencing with Section 75300) is added to the Public Resources Code, to read: DIVISION 45. Community Climate and Drought Resilience Program of 2016 CHAPTER 1. General Provisions and Definitions 75300. In enacting this division, it is the intent of the Legislature to do both of the following: (a) Establish an innovative natural resource management program that improves carbon sequestration, improves drought preparedness, and helps California communities address the effects of climate change through increased urban forest canopy, carbon soil sequestration, multibenefit stormwater management, organic waste diversion, and community greening. (b) Enable opportunities for employment of California’s at-risk youth in climate-friendly landscape management strategies, especially in disadvantaged communities. 75301. The Department of Forestry and Fire Protection and the Department of Resources Recycling and Recovery, in implementing this division, shall promote policies and incentives that advance all of the following: (a) Help urban and rural communities adapt to the effects of climate change. (b) Improve water management and drought preparedness. (c) Provide workforce training to young men and women in disadvantaged communities. (d) Maximize carbon sequestration and ensure the associated greenhouse gas reduction benefits are maintained through both of the following: (1) Improvement and continued management of urban forest canopy and carbon soil sequestration. (2) Development and application of compost made from organic waste that is diverted from landfills. 75305. For purposes of this division, the following definitions apply: (a) “CalFire” means the Department of Forestry and Fire Protection. (b) “CalRecycle” means the Department of Resources Recycling and Recovery. (c) “Disadvantaged communities” means communities identified pursuant to Section 39711 of the Health and Safety Code. CHAPTER 2. Urban Forestry 75310. (a) CalFire shall review the urban forestry program implemented pursuant to the California Urban Forestry Act of 1978 (Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division 4), and revise the program, if necessary, to do both of the following: (1) Provide funding priority to multibenefit carbon sequestration projects. Eligible project categories shall include, but are not limited to, all of the following: (A) Mulching, watering, or pruning. (B) The use of onsite water capture, recycled water, and other local water sources. (C) Emergency drought response measures that reduce tree mortality, ensure optimal tree health, and preserve the carbon sequestration and climate resilience benefits of the urban forest. (2) Establish local or regional targets for urban tree canopy, especially in disadvantaged communities that tend to be most vulnerable to urban heat island effect. These targets shall include urban forest diversity, tree species’ adaptability to anticipated climate change impacts, and other relevant factors. (b) CalFire shall develop or update its regulations, as necessary, to implement the requirements of the chapter and shall provide both of the following: (1) Planning and technical assistance for eligible applicants assisting disadvantaged communities. (2) Guidance to grantees and local governments regarding best practices and metrics for maintaining urban forest health. 3. The Use of Compost in Farming and Landscaping Practices 75320. (a)By July 1, 2017, CalRecycle, in consultation with relevant state agencies, shall develop and implement a program that provides incentives for the use of compost from organic waste in farming and landscaping practices that increase drought resilience and result in quantifiable reductions in the emissions of greenhouse gases through increased carbon sequestration in urban and rural areas. (b)In implementing this program, CalRecycle shall enter into an agreement with state-certified conservation corps to assist community outreach, compost delivery and application, and other urban greening projects that are eligible under the program. (c)CalRecycle shall develop and update regulations for the implementation of this chapter.

Existing law authorizes the Department of Forestry and Fire Protection (CalFire) to implement a program in urban forestry to encourage better tree management and planting in urban areas to increase integrated, multibenefit projects by assisting urban areas with innovative solutions to problems, including greenhouse gas emissions, public health impacts of poor air and water quality, urban heat island effect, stormwater management, water shortages, lack of green space, lack of urban parks that are accessible to pedestrians, vandalism, and insufficient tree maintenance. Existing law authorizes the Department of Resources Recycling and Recovery (CalRecycle) to develop a program to increase the use of compost products in agricultural applications. This bill would enact the Community Climate and Drought Resilience Program of 2016 and would require CalFire to review the urban forestry program and, if necessary, revise the program to provide funding priority to multibenefit carbon sequestration projects and to establish local or regional targets for urban tree canopy. The bill would require CalRecycle, by July 1, 2017, to develop and implement a program that provides incentives for certain projects that increase drought resilience and result in quantifiable reductions in the emissions of greenhouse gases through increased carbon sequestration in urban and rural areas. Existing law requires the California Environmental Protection Agency, in coordination with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, to develop and implement policies to aid in diverting organic waste from landfills by promoting the composting of specified organic waste and by promoting the appropriate use of that compost throughout the state. Existing law requires the agency and the Department of Food and Agriculture, with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and the State Air Resources Board, to perform specified functions, including developing recommendations for promoting organic waste processing and recycling infrastructure statewide. This bill would require the agency and the Department of Food and Agriculture, with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and the State Air Resources Board, to additionally assess state programs to determine how those programs may increase the use of compost for specified purposes and develop recommendations for promoting the use of compost throughout the state. The bill would require that those recommendations be posted on the agency’s Internet Web site no later than January 1, 2018, and be updated annually thereafter. The bill would require an implementing agency, required to be identified with those recommendations, to develop a program to implement policies for promoting the use of compost throughout the state, if recommended, and, for purposes of that program, to prioritize projects that utilize the services of community conservation corps or other local nonprofit entities that employ underprivileged youth.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) California has been a global leader in reducing the emissions of greenhouse gases through the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of Health and Safety Code) and the Governor’s Executive Orders S-3-05 and B-30-15. (b) The state has developed a comprehensive climate adaptation strategy document titled “Safeguarding California: Implementation Action Plans” and has established the Integrated Climate Adaptation and Resiliency Program to further coordinate local and regional efforts with the state climate adaptation strategies. (c) The state’s existing investment in natural infrastructure, including urban forest canopy, which helps accomplish both carbon sequestration and climate resilience, is at risk due to existing drought conditions. (d) The drought has heightened awareness and underscored the importance of sustainable water management. (e) Improved water retention and infiltration can greatly reduce reliance on potentially energy-intensive long-distance water imports and thereby reduce emissions of greenhouse gases. (f) Through carbon sequestration, the protection and management of natural and working lands and organic waste diversion are both integral to accomplishing the state’s policy to reduce greenhouse gas levels. (g) The state has recently developed a strategy to dramatically increase the diversion of organic waste from landfills, with the organic waste being used to create compost and mulch. (h) Composting and use of organic waste in improved landscape and healthy soil management have great potential to be cost effective at reducing greenhouse gas levels through improved carbon soil sequestration and may also greatly improve water retention and infiltration of stormwater flows. (i) Composting may also provide important environmental and agricultural cobenefits, including reduction of naturally occurring volatile organic compounds and ammonia, and may help the state address agriculture, dairy, and forestry waste in a proper and environmentally responsible manner. SEC. 2. Section 42649.87 of the Public Resources Code is amended to read: 42649.87. (a) The California Environmental Protection Agency, in coordination with the department, the State Water Resources Control Board, the State Air Resources Board, and the Department of Food and Agriculture, shall develop and implement policies to aid in diverting organic waste from landfills by promoting the use of agricultural, forestry, and urban organic waste as a feedstock for compost and by promoting the appropriate use of that compost throughout the state. (b) In developing policies pursuant to subdivision (a), the California Environmental Protection Agency shall promote a goal of reducing at least five million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, which include, but are not limited to, agricultural land, land used for forestry, and rangeland. The California Environmental Protection Agency shall work with the Department of Food and Agriculture to achieve this goal. (c) The California Secretary for Environmental Protection Agency and the Secretary of Food and Agriculture shall ensure proper coordination of agency regulations and goals to implement this section. The California Environmental Protection Agency and the Department of Food and Agriculture, with the department, the State Water Resources Control Board, and the State Air Resources Board shall do all of the following: (1) Assess the state’s progress towards developing the organic waste processing and recycling infrastructure necessary to meet the state goals specified in Assembly Bill 341 (Chapter 476 of the Statutes of 2011), Assembly Bill 1826 (Chapter 727 of the Statutes of 2014), the State Air Resources Board’s May 2015 Short-Lived Climate Pollutant Reduction Strategy concept paper, and the Department of Food and Agriculture’s Healthy Soils Initiative. (2) Meet at least quarterly and consult with interested stakeholders, including, but not limited to, the compost industry, local governments, and environmental organizations, to encourage the continued viability of the state’s organic waste processing and recycling infrastructure. (3) Hold at least one public workshop annually to inform the public of actions taken to implement this section and to receive public comment. (4) (A) Develop recommendations for promoting organic waste processing and recycling infrastructure statewide, which shall be posted on the California Environmental Protection Agency’s Internet Web site no later than January 1, 2017, and updated annually thereafter. (B) Develop recommendations for promoting the use of compost throughout the state, which shall be posted on the California Environmental Protection Agency’s Internet Web site no later than January 1, 2018, and updated annually thereafter, and identify an implementing agency for purposes of Section 42649.89. (5) Assess state programs to determine how those programs may increase the use of compost for purposes of increasing carbon sequestration in urban and rural areas. (d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 3. Section 42649.89 is added to the Public Resources Code, to read: 42649.89. (a) The implementing agency identified pursuant to paragraph (4) of subdivision (c) of Section 42649.87 shall develop a program to implement policies for promoting the use of compost throughout the state, if recommended pursuant to paragraph (4) of subdivision (c) of Section 42649.87. (b) For purposes of the program developed pursuant to subdivision (a), the implementing agency shall prioritize projects that utilize the services of community conservation corps, as defined in Section 14507.5, or other local non-profit entities that employ underprivileged youth. SEC. 2. SEC. 4. Division 45 (commencing with Section 75300) is added to the Public Resources Code, to read: DIVISION 45. Community Climate and Drought Resilience Program of 2016 CHAPTER 1. General Provisions and Definitions 75300. In enacting this division, it is the intent of the Legislature to do both of the following: (a) Establish an innovative natural resource management program that improves carbon sequestration, improves drought preparedness, and helps California communities address the effects of climate change through increased urban forest canopy, carbon soil sequestration, multibenefit stormwater management, organic waste diversion, and community greening. (b) Enable opportunities for employment of California’s at-risk youth in climate-friendly landscape management strategies, especially in disadvantaged communities. 75301. The Department of Forestry and Fire Protection and the Department of Resources Recycling and Recovery, in implementing this division, shall promote policies and incentives that advance all of the following: (a) Help urban and rural communities adapt to the effects of climate change. (b) Improve water management and drought preparedness. (c) Provide workforce training to young men and women in disadvantaged communities. (d) Maximize carbon sequestration and ensure the associated greenhouse gas reduction benefits are maintained through both of the following: (1) Improvement and continued management of urban forest canopy and carbon soil sequestration. (2) Development and application of compost made from organic waste that is diverted from landfills. 75305. For purposes of this division, the following definitions apply: (a) “CalFire” means the Department of Forestry and Fire Protection. (b) “CalRecycle” means the Department of Resources Recycling and Recovery. (c) “Disadvantaged communities” means communities identified pursuant to Section 39711 of the Health and Safety Code. CHAPTER 2. Urban Forestry 75310. (a) CalFire shall review the urban forestry program implemented pursuant to the California Urban Forestry Act of 1978 (Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division 4), and revise the program, if necessary, to do both of the following: (1) Provide funding priority to multibenefit carbon sequestration projects. Eligible project categories shall include, but are not limited to, all of the following: (A) Mulching, watering, or pruning. (B) The use of onsite water capture, recycled water, and other local water sources. (C) Emergency drought response measures that reduce tree mortality, ensure optimal tree health, and preserve the carbon sequestration and climate resilience benefits of the urban forest. (2) Establish local or regional targets for urban tree canopy, especially in disadvantaged communities that tend to be most vulnerable to urban heat island effect. These targets shall include urban forest diversity, tree species’ adaptability to anticipated climate change impacts, and other relevant factors. (b) CalFire shall develop or update its regulations, as necessary, to implement the requirements of the chapter and shall provide both of the following: (1) Planning and technical assistance for eligible applicants assisting disadvantaged communities. (2) Guidance to grantees and local governments regarding best practices and metrics for maintaining urban forest health. 3. The Use of Compost in Farming and Landscaping Practices 75320. (a)By July 1, 2017, CalRecycle, in consultation with relevant state agencies, shall develop and implement a program that provides incentives for the use of compost from organic waste in farming and landscaping practices that increase drought resilience and result in quantifiable reductions in the emissions of greenhouse gases through increased carbon sequestration in urban and rural areas. (b)In implementing this program, CalRecycle shall enter into an agreement with state-certified conservation corps to assist community outreach, compost delivery and application, and other urban greening projects that are eligible under the program. (c)CalRecycle shall develop and update regulations for the implementation of this chapter. ### Summary: This bill would amend the Public Resources Code to require the California Environmental Protection Agency to develop and implement policies to aid in diverting organic waste from landfills by promoting the use

The people of the State of California do enact as follows: SECTION 1. Section 2962 of the Penal Code is amended to read: 2962. As a condition of parole, a prisoner who meets the following criteria shall be provided necessary treatment by the State Department of State Hospitals as follows: (a) (1) The prisoner has a severe mental disorder that is not in remission or that cannot be kept in remission without treatment. (2) The term “severe mental disorder” means an illness or disease or condition that substantially impairs the person’s thought, perception of reality, emotional process, or judgment; or which grossly impairs behavior; or that demonstrates evidence of an acute brain syndrome for which prompt remission, in the absence of treatment, is unlikely. The term “severe mental disorder,” as used in this section, does not include a personality or adjustment disorder, epilepsy, mental retardation or other developmental disabilities, or addiction to or abuse of intoxicating substances. (3) The term “remission” means a finding that the overt signs and symptoms of the severe mental disorder are controlled either by psychotropic medication or psychosocial support. A person “cannot be kept in remission without treatment” if during the year prior to the question being before the Board of Parole Hearings or a trial court, he or she has been in remission and he or she has been physically violent, except in self-defense, or he or she has made a serious threat of substantial physical harm upon the person of another so as to cause the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family, or he or she has intentionally caused property damage, or he or she has not voluntarily followed the treatment plan. In determining if a person has voluntarily followed the treatment plan, the standard shall be whether the person has acted as a reasonable person would in following the treatment plan. (b) The severe mental disorder was one of the causes of, or was an aggravating factor in, the commission of a crime for which the prisoner was sentenced to prison. (c) The prisoner has been in treatment for the severe mental disorder for 90 days or more within the year prior to the prisoner’s parole or release. (d) (1) Prior to release on parole, the person in charge of treating the prisoner and a practicing psychiatrist or psychologist from the State Department of State Hospitals have evaluated the prisoner at a facility of the Department of Corrections and Rehabilitation, and a chief psychiatrist of the Department of Corrections and Rehabilitation has certified to the Board of Parole Hearings that the prisoner has a severe mental disorder, that the disorder is not in remission, or cannot be kept in remission without treatment, that the severe mental disorder was one of the causes or was an aggravating factor in the prisoner’s criminal behavior, that the prisoner has been in treatment for the severe mental disorder for 90 days or more within the year prior to his or her parole release day, and that by reason of his or her severe mental disorder the prisoner represents a substantial danger of physical harm to others. For prisoners being treated by the State Department of State Hospitals pursuant to Section 2684, the certification shall be by a chief psychiatrist of the Department of Corrections and Rehabilitation, and the evaluation shall be done at a state hospital by the person at the state hospital in charge of treating the prisoner and a practicing psychiatrist or psychologist from the Department of Corrections and Rehabilitation. (2) If the professionals doing the evaluation pursuant to paragraph (1) do not concur that (A) the prisoner has a severe mental disorder, (B) that the disorder is not in remission or cannot be kept in remission without treatment, or (C) that the severe mental disorder was a cause of, or aggravated, the prisoner’s criminal behavior, and a chief psychiatrist has certified the prisoner to the Board of Parole Hearings pursuant to this paragraph, then the Board of Parole Hearings shall order a further examination by two independent professionals, as provided for in Section 2978. (3) If at least one of the independent professionals who evaluate the prisoner pursuant to paragraph (2) concurs with the chief psychiatrist’s certification of the issues described in paragraph (2), this subdivision shall be applicable to the prisoner. The professionals appointed pursuant to Section 2978 shall inform the prisoner that the purpose of their examination is not treatment but to determine if the prisoner meets certain criteria to be involuntarily treated as a mentally disordered offender. It is not required that the prisoner appreciate or understand that information. (e) The crime referred to in subdivision (b) meets both of the following criteria: (1) The defendant received a determinate sentence pursuant to Section 1170 for the crime. (2) The crime is one of the following: (A) Voluntary manslaughter. (B) Mayhem. (C) Kidnapping in violation of Section 207. (D) Any robbery wherein it was charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of that robbery. (E) Carjacking, as defined in subdivision (a) of Section 215, if it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of the carjacking. (F) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262. (G) Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (H) Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (I) Lewd acts on a child under 14 years of age in violation of Section 288. (J) Continuous sexual abuse in violation of Section 288.5. (K) The offense described in subdivision (a) of Section 289 where the act was accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (L) Arson in violation of subdivision (a) of Section 451, or arson in violation of any other provision of Section 451 or in violation of Section 455 where the act posed a substantial danger of physical harm to others. (M) Any felony in which the defendant used a firearm which use was charged and proved as provided in Section 12022.5, 12022.53, or 12022.55. (N) A violation of Section 18745. (O) Attempted murder. (P) A crime not enumerated in subparagraphs (A) to (O), inclusive, in which the prisoner used force or violence, or caused serious bodily injury as defined in paragraph (4) of subdivision (f) of Section 243. (Q) A crime in which the perpetrator expressly or impliedly threatened another with the use of force or violence likely to produce substantial physical harm in such a manner that a reasonable person would believe and expect that the force or violence would be used. For purposes of this subparagraph, substantial physical harm shall not require proof that the threatened act was likely to cause great or serious bodily injury. (f) For purposes of meeting the criteria set forth in this section, the existence or nature of the crime, as defined in paragraph (2) of subdivision (e), for which the prisoner has been convicted may be shown with documentary evidence. The details underlying the commission of the offense that led to the conviction, including the use of force or violence, causing serious bodily injury, or the threat to use force or violence likely to produce substantial physical harm, may be shown by documentary evidence, including, but not limited to, preliminary hearing transcripts, trial transcripts, probation and sentencing reports, and evaluations by the State Department of State Hospitals. (g) As used in this chapter, “substantial danger of physical harm” does not require proof of a recent overt act.

Existing law requires, as a condition of parole, a prisoner who has a severe mental disorder that is not in remission and who meets specified criteria to be treated by the State Department of State Hospitals and provided the necessary treatment. In order for that commitment to occur, existing law requires, among other criteria, that the severe mental disorder be one of the causes of, or an aggravating factor in, the commission of the crime, as defined, for which the prisoner was sentenced to prison. Existing law also requires the prisoner to have been in treatment for the severe mental disorder for 90 days or more within the year prior to the prisoner’s parole or release. Existing law establishes procedures for the evaluation of a prisoner under these provisions by specified health practitioners of the State Department of State Hospitals and the Department of Corrections and Rehabilitation. This bill would authorize the use of certain documentary evidence for purposes of satisfying the criteria used to evaluate whether a prisoner released on parole is required to be treated by the State Department of State Hospitals.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 2962 of the Penal Code is amended to read: 2962. As a condition of parole, a prisoner who meets the following criteria shall be provided necessary treatment by the State Department of State Hospitals as follows: (a) (1) The prisoner has a severe mental disorder that is not in remission or that cannot be kept in remission without treatment. (2) The term “severe mental disorder” means an illness or disease or condition that substantially impairs the person’s thought, perception of reality, emotional process, or judgment; or which grossly impairs behavior; or that demonstrates evidence of an acute brain syndrome for which prompt remission, in the absence of treatment, is unlikely. The term “severe mental disorder,” as used in this section, does not include a personality or adjustment disorder, epilepsy, mental retardation or other developmental disabilities, or addiction to or abuse of intoxicating substances. (3) The term “remission” means a finding that the overt signs and symptoms of the severe mental disorder are controlled either by psychotropic medication or psychosocial support. A person “cannot be kept in remission without treatment” if during the year prior to the question being before the Board of Parole Hearings or a trial court, he or she has been in remission and he or she has been physically violent, except in self-defense, or he or she has made a serious threat of substantial physical harm upon the person of another so as to cause the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family, or he or she has intentionally caused property damage, or he or she has not voluntarily followed the treatment plan. In determining if a person has voluntarily followed the treatment plan, the standard shall be whether the person has acted as a reasonable person would in following the treatment plan. (b) The severe mental disorder was one of the causes of, or was an aggravating factor in, the commission of a crime for which the prisoner was sentenced to prison. (c) The prisoner has been in treatment for the severe mental disorder for 90 days or more within the year prior to the prisoner’s parole or release. (d) (1) Prior to release on parole, the person in charge of treating the prisoner and a practicing psychiatrist or psychologist from the State Department of State Hospitals have evaluated the prisoner at a facility of the Department of Corrections and Rehabilitation, and a chief psychiatrist of the Department of Corrections and Rehabilitation has certified to the Board of Parole Hearings that the prisoner has a severe mental disorder, that the disorder is not in remission, or cannot be kept in remission without treatment, that the severe mental disorder was one of the causes or was an aggravating factor in the prisoner’s criminal behavior, that the prisoner has been in treatment for the severe mental disorder for 90 days or more within the year prior to his or her parole release day, and that by reason of his or her severe mental disorder the prisoner represents a substantial danger of physical harm to others. For prisoners being treated by the State Department of State Hospitals pursuant to Section 2684, the certification shall be by a chief psychiatrist of the Department of Corrections and Rehabilitation, and the evaluation shall be done at a state hospital by the person at the state hospital in charge of treating the prisoner and a practicing psychiatrist or psychologist from the Department of Corrections and Rehabilitation. (2) If the professionals doing the evaluation pursuant to paragraph (1) do not concur that (A) the prisoner has a severe mental disorder, (B) that the disorder is not in remission or cannot be kept in remission without treatment, or (C) that the severe mental disorder was a cause of, or aggravated, the prisoner’s criminal behavior, and a chief psychiatrist has certified the prisoner to the Board of Parole Hearings pursuant to this paragraph, then the Board of Parole Hearings shall order a further examination by two independent professionals, as provided for in Section 2978. (3) If at least one of the independent professionals who evaluate the prisoner pursuant to paragraph (2) concurs with the chief psychiatrist’s certification of the issues described in paragraph (2), this subdivision shall be applicable to the prisoner. The professionals appointed pursuant to Section 2978 shall inform the prisoner that the purpose of their examination is not treatment but to determine if the prisoner meets certain criteria to be involuntarily treated as a mentally disordered offender. It is not required that the prisoner appreciate or understand that information. (e) The crime referred to in subdivision (b) meets both of the following criteria: (1) The defendant received a determinate sentence pursuant to Section 1170 for the crime. (2) The crime is one of the following: (A) Voluntary manslaughter. (B) Mayhem. (C) Kidnapping in violation of Section 207. (D) Any robbery wherein it was charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of that robbery. (E) Carjacking, as defined in subdivision (a) of Section 215, if it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of the carjacking. (F) Rape, as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262. (G) Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (H) Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (I) Lewd acts on a child under 14 years of age in violation of Section 288. (J) Continuous sexual abuse in violation of Section 288.5. (K) The offense described in subdivision (a) of Section 289 where the act was accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (L) Arson in violation of subdivision (a) of Section 451, or arson in violation of any other provision of Section 451 or in violation of Section 455 where the act posed a substantial danger of physical harm to others. (M) Any felony in which the defendant used a firearm which use was charged and proved as provided in Section 12022.5, 12022.53, or 12022.55. (N) A violation of Section 18745. (O) Attempted murder. (P) A crime not enumerated in subparagraphs (A) to (O), inclusive, in which the prisoner used force or violence, or caused serious bodily injury as defined in paragraph (4) of subdivision (f) of Section 243. (Q) A crime in which the perpetrator expressly or impliedly threatened another with the use of force or violence likely to produce substantial physical harm in such a manner that a reasonable person would believe and expect that the force or violence would be used. For purposes of this subparagraph, substantial physical harm shall not require proof that the threatened act was likely to cause great or serious bodily injury. (f) For purposes of meeting the criteria set forth in this section, the existence or nature of the crime, as defined in paragraph (2) of subdivision (e), for which the prisoner has been convicted may be shown with documentary evidence. The details underlying the commission of the offense that led to the conviction, including the use of force or violence, causing serious bodily injury, or the threat to use force or violence likely to produce substantial physical harm, may be shown by documentary evidence, including, but not limited to, preliminary hearing transcripts, trial transcripts, probation and sentencing reports, and evaluations by the State Department of State Hospitals. (g) As used in this chapter, “substantial danger of physical harm” does not require proof of a recent overt act. ### Summary: This text is a summary of the text above. ### Instruction: Summary this text ### Text: The people of the State of California do enact

The people of the State of California do enact as follows: SECTION 1. Section 10095 of the Insurance Code is amended to read: 10095. (a) Within 30 days following the effective date of this chapter, the association shall submit to the commissioner, for his or her review, a proposed plan of operation, consistent with the provisions of this chapter, creating an association consisting of all insurers licensed to write and engaged in writing in this state, on a direct basis, basic property insurance or any component of basic property insurance in homeowners or other dwelling multiperil policies. An insurer described in this subdivision shall be a member of the association and shall remain a member as a condition of its authority to transact those kinds of insurance in this state. (b) The proposed plan shall authorize the association to assume and cede reinsurance on risks written by insurers in conformity with the program. (c) Under the plan, an insurer shall participate in the writings, expenses, and profits and losses of the association in the proportion that its premiums written during the second preceding calendar year bear to the aggregate premiums written by all insurers in the program, excluding that portion of the premiums written attributable to the operation of the association. Premiums written on a policy of basic residential earthquake insurance issued by the California Earthquake Authority pursuant to Section 10089.6 shall be attributed to the insurer that writes the underlying policy of residential property insurance. (d) The plan shall provide for administration by a governing committee under rules to be adopted by the governing committee with the approval of the commissioner. Voting on administrative questions of the association and facility shall be weighted in accordance with each insurer’s premiums written during the second preceding calendar year as disclosed in the reports filed by the insurer with the commissioner. (e) The plan shall provide for a plan to encourage persons to secure basic property insurance through normal channels from an admitted insurer or a licensed surplus line broker by informing those persons what steps they must take in order to secure the insurance through normal channels. (f) The plan shall be subject to the approval of the commissioner and shall go into effect upon the tentative approval of the commissioner. The commissioner may, at any time, withdraw his or her tentative approval or he or she may, at any time after he or she has given his or her final approval, revoke that approval if he or she feels it is necessary to carry out the purposes of the chapter. The withdrawal or revocation of that approval shall not affect the validity of any policies executed prior to the date of the withdrawal. If the commissioner disapproves or withdraws or revokes his or her approval to all or any part of the plan of operation, the association shall, within 30 days, submit for review an appropriately revised plan or part of a revised plan, and, if the association fails to do so, or if the revised plan is unacceptable, the commissioner shall promulgate a plan of operation or part of a plan as he or she may deem necessary to carry out the purposes of this chapter. (g) The association may, on its own initiative or at the request of the commissioner, amend the plan of operation, subject to approval by the commissioner, who shall have supervision of the inspection bureau, the facility, and the association. The commissioner or any person designated by him or her, shall have the power of visitation of and examination into the operation and free access to all the books, records, files, papers, and documents that relate to operation of the facility and association, and may summon, qualify, and examine as witnesses all persons having knowledge of those operations, including officers, agents, or employees thereof. (h) Every insurer member of the plan shall provide to applicants who are denied coverage the statewide toll-free telephone number for the plan established pursuant to Section 10095.5 for the purpose of obtaining information and assistance in obtaining basic property insurance. (i) This section shall remain in effect only until March 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before March 1, 2017, deletes or extends that date. SEC. 2. Section 10095 is added to the Insurance Code, to read: 10095. (a) Within 30 days following the effective date of this chapter, the association shall submit to the commissioner, for his or her review, a proposed plan of operation, consistent with the provisions of this chapter, creating an association consisting of all insurers licensed to write and engaged in writing in this state, on a direct basis, basic property insurance or any component of basic property insurance in homeowners or other dwelling multiperil policies. An insurer described in this subdivision shall be a member of the association and shall remain a member as a condition of its authority to transact those kinds of insurance in this state. (b) The proposed plan shall authorize the association to assume and cede reinsurance on risks written by insurers in conformity with the program. (c) Under the plan, an insurer shall participate in the writings, expenses, and profits and losses of the association in the proportion that its premiums written during the second preceding calendar year bear to the aggregate premiums written by all insurers in the program, excluding that portion of the premiums written attributable to the operation of the association. Premiums written on a policy of basic residential earthquake insurance issued by the California Earthquake Authority pursuant to Section 10089.6 shall be attributed to the insurer that writes the underlying policy of residential property insurance. (d) The plan shall provide for administration by a governing committee under rules to be adopted by the governing committee with the approval of the commissioner. Voting on administrative questions of the association and facility shall be weighted in accordance with each insurer’s premiums written during the second preceding calendar year as disclosed in the reports filed by the insurer with the commissioner. (e) The plan shall provide for a plan to encourage persons to secure basic property insurance through normal channels from an admitted insurer or a licensed surplus line broker by informing those persons what steps they must take in order to secure the insurance through normal channels. (f) The plan shall be subject to the approval of the commissioner and shall go into effect upon the tentative approval of the commissioner. The commissioner may, at any time, withdraw his or her tentative approval or he or she may, at any time after he or she has given his or her final approval, revoke that approval if he or she feels it is necessary to carry out the purposes of the chapter. The withdrawal or revocation of that approval shall not affect the validity of any policies executed prior to the date of the withdrawal. If the commissioner disapproves or withdraws or revokes his or her approval to all or any part of the plan of operation, the association shall, within 30 days, submit for review an appropriately revised plan or part of a revised plan, and, if the association fails to do so, or if the revised plan is unacceptable, the commissioner shall promulgate a plan of operation or part of a plan as he or she may deem necessary to carry out the purposes of this chapter. (g) The association may, on its own initiative or at the request of the commissioner, amend the plan of operation, subject to approval by the commissioner, who shall have supervision of the inspection bureau, the facility, and the association. The commissioner or any person designated by him or her, shall have the power of visitation of and examination into the operation and free access to all the books, records, files, papers, and documents that relate to operation of the facility and association, and may summon, qualify, and examine as witnesses all persons having knowledge of those operations, including officers, agents, or employees thereof. (h) An insurer member of the plan shall provide to an applicant who is denied coverage, or a policyholder whose policy is canceled or not renewed, the Internet Web site address and statewide toll-free telephone number for the plan established pursuant to Section 10095.5 for the purpose of obtaining information and assistance in obtaining basic property insurance. (i) This section shall become operative March 1, 2017. SEC. 3. Section 10095.5 of the Insurance Code is amended to read: 10095.5. (a) The association shall establish and maintain an Internet Web site and a statewide toll-free telephone number through which a person may receive information and assistance in applying for insurance through the plan. The association shall cause the toll-free telephone number to be published in all general distribution telephone directories in the state and shall include the toll-free telephone number and Internet Web site address on all communications with an applicant or insured. (b) An insurance agent or broker transacting basic property insurance shall assist a person seeking his or her help in obtaining basic property insurance coverage by any one of the following methods: (1) Making an application for insurance through the plan by submitting an application at the person’s request. (2) Providing the person with the California FAIR Plan’s Internet Web site address and the toll-free telephone number. (3) Making an application for insurance, at the person’s request, and placing that person with or through an insurer that offers, or a surplus line broker that procures, basic property insurance coverage. 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 have the consumer protections proposed in this act become operative as soon as possible for homeowners who are having difficulty obtaining insurance coverage for their property because they are located in high-risk brush and wildfire areas, and to provide insurers adequate time to amend and prepare their required notices to customers about the availability of coverage through the California FAIR (fair access to insurance requirements) Plan, it is necessary for this act to take effect immediately.

Under existing law, the California FAIR (fair access to insurance requirements) Plan Association is a joint reinsurance association of state insurers that is established to, among other things, assist persons in securing basic property insurance for qualified property for which insurance cannot be obtained through the normal insurance market. Existing law requires the association to establish and maintain a toll-free telephone number through which a person may receive assistance in applying for basic property insurance. Existing law requires an insurer member of the plan to provide to an applicant who is denied coverage the toll-free telephone number for the plan for information and assistance in obtaining basic property insurance. Existing law requires an agent or broker transacting basic property insurance to either assist a person in making an application for insurance through the plan or to provide the person with that toll-free telephone number. This bill would additionally require the association to establish and maintain an Internet Web site at which a person may receive information and assistance in applying for insurance through the plan and would require the association to include the toll-free telephone number and the Internet Web site address on all communications with an applicant or an insured. The bill, beginning March 1, 2017, would require an insurer member to provide an applicant denied coverage or a policyholder whose policy is canceled or not renewed both that Internet Web site address and toll-free telephone number. The bill would delete the provision permitting an agent or broker to provide the toll-free telephone number of the plan as an alternative to assisting a person in making an application for insurance through the plan, and would instead require an agent or broker to assist a person seeking his or her help in obtaining basic property insurance coverage by making an application for insurance through the plan by submitting an application at the person’s request, by providing the person with the California FAIR Plan’s Internet Web site address and the toll-free telephone number, or by making an application for insurance, at the person’s request, and placing that person with or through an insurer that offers, or a surplus line broker that procures, basic property insurance coverage. This bill would declare that it is to take effect immediately as an urgency statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 10095 of the Insurance Code is amended to read: 10095. (a) Within 30 days following the effective date of this chapter, the association shall submit to the commissioner, for his or her review, a proposed plan of operation, consistent with the provisions of this chapter, creating an association consisting of all insurers licensed to write and engaged in writing in this state, on a direct basis, basic property insurance or any component of basic property insurance in homeowners or other dwelling multiperil policies. An insurer described in this subdivision shall be a member of the association and shall remain a member as a condition of its authority to transact those kinds of insurance in this state. (b) The proposed plan shall authorize the association to assume and cede reinsurance on risks written by insurers in conformity with the program. (c) Under the plan, an insurer shall participate in the writings, expenses, and profits and losses of the association in the proportion that its premiums written during the second preceding calendar year bear to the aggregate premiums written by all insurers in the program, excluding that portion of the premiums written attributable to the operation of the association. Premiums written on a policy of basic residential earthquake insurance issued by the California Earthquake Authority pursuant to Section 10089.6 shall be attributed to the insurer that writes the underlying policy of residential property insurance. (d) The plan shall provide for administration by a governing committee under rules to be adopted by the governing committee with the approval of the commissioner. Voting on administrative questions of the association and facility shall be weighted in accordance with each insurer’s premiums written during the second preceding calendar year as disclosed in the reports filed by the insurer with the commissioner. (e) The plan shall provide for a plan to encourage persons to secure basic property insurance through normal channels from an admitted insurer or a licensed surplus line broker by informing those persons what steps they must take in order to secure the insurance through normal channels. (f) The plan shall be subject to the approval of the commissioner and shall go into effect upon the tentative approval of the commissioner. The commissioner may, at any time, withdraw his or her tentative approval or he or she may, at any time after he or she has given his or her final approval, revoke that approval if he or she feels it is necessary to carry out the purposes of the chapter. The withdrawal or revocation of that approval shall not affect the validity of any policies executed prior to the date of the withdrawal. If the commissioner disapproves or withdraws or revokes his or her approval to all or any part of the plan of operation, the association shall, within 30 days, submit for review an appropriately revised plan or part of a revised plan, and, if the association fails to do so, or if the revised plan is unacceptable, the commissioner shall promulgate a plan of operation or part of a plan as he or she may deem necessary to carry out the purposes of this chapter. (g) The association may, on its own initiative or at the request of the commissioner, amend the plan of operation, subject to approval by the commissioner, who shall have supervision of the inspection bureau, the facility, and the association. The commissioner or any person designated by him or her, shall have the power of visitation of and examination into the operation and free access to all the books, records, files, papers, and documents that relate to operation of the facility and association, and may summon, qualify, and examine as witnesses all persons having knowledge of those operations, including officers, agents, or employees thereof. (h) Every insurer member of the plan shall provide to applicants who are denied coverage the statewide toll-free telephone number for the plan established pursuant to Section 10095.5 for the purpose of obtaining information and assistance in obtaining basic property insurance. (i) This section shall remain in effect only until March 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before March 1, 2017, deletes or extends that date. SEC. 2. Section 10095 is added to the Insurance Code, to read: 10095. (a) Within 30 days following the effective date of this chapter, the association shall submit to the commissioner, for his or her review, a proposed plan of operation, consistent with the provisions of this chapter, creating an association consisting of all insurers licensed to write and engaged in writing in this state, on a direct basis, basic property insurance or any component of basic property insurance in homeowners or other dwelling multiperil policies. An insurer described in this subdivision shall be a member of the association and shall remain a member as a condition of its authority to transact those kinds of insurance in this state. (b) The proposed plan shall authorize the association to assume and cede reinsurance on risks written by insurers in conformity with the program. (c) Under the plan, an insurer shall participate in the writings, expenses, and profits and losses of the association in the proportion that its premiums written during the second preceding calendar year bear to the aggregate premiums written by all insurers in the program, excluding that portion of the premiums written attributable to the operation of the association. Premiums written on a policy of basic residential earthquake insurance issued by the California Earthquake Authority pursuant to Section 10089.6 shall be attributed to the insurer that writes the underlying policy of residential property insurance. (d) The plan shall provide for administration by a governing committee under rules to be adopted by the governing committee with the approval of the commissioner. Voting on administrative questions of the association and facility shall be weighted in accordance with each insurer’s premiums written during the second preceding calendar year as disclosed in the reports filed by the insurer with the commissioner. (e) The plan shall provide for a plan to encourage persons to secure basic property insurance through normal channels from an admitted insurer or a licensed surplus line broker by informing those persons what steps they must take in order to secure the insurance through normal channels. (f) The plan shall be subject to the approval of the commissioner and shall go into effect upon the tentative approval of the commissioner. The commissioner may, at any time, withdraw his or her tentative approval or he or she may, at any time after he or she has given his or her final approval, revoke that approval if he or she feels it is necessary to carry out the purposes of the chapter. The withdrawal or revocation of that approval shall not affect the validity of any policies executed prior to the date of the withdrawal. If the commissioner disapproves or withdraws or revokes his or her approval to all or any part of the plan of operation, the association shall, within 30 days, submit for review an appropriately revised plan or part of a revised plan, and, if the association fails to do so, or if the revised plan is unacceptable, the commissioner shall promulgate a plan of operation or part of a plan as he or she may deem necessary to carry out the purposes of this chapter. (g) The association may, on its own initiative or at the request of the commissioner, amend the plan of operation, subject to approval by the commissioner, who shall have supervision of the inspection bureau, the facility, and the association. The commissioner or any person designated by him or her, shall have the power of visitation of and examination into the operation and free access to all the books, records, files, papers, and documents that relate to operation of the facility and association, and may summon, qualify, and examine as witnesses all persons having knowledge of those operations, including officers, agents, or employees thereof. (h) An insurer member of the plan shall provide to an applicant who is denied coverage, or a policyholder whose policy is canceled or not renewed, the Internet Web site address and statewide toll-free telephone number for the plan established pursuant to Section 10095.5 for the purpose of obtaining information and assistance in obtaining basic property insurance. (i) This section shall become operative March 1, 2017. SEC. 3. Section 10095.5 of the Insurance Code is amended to read: 10095.5. (a) The association shall establish and maintain an Internet Web site and a statewide toll-free telephone number through which a person may receive information and assistance in applying for insurance through the plan. The association shall cause the toll-free telephone number to be published in all general distribution telephone directories in the state and shall include the toll-free telephone number and Internet Web site address on all communications with an applicant or insured. (b) An insurance agent or broker transacting basic property insurance shall assist a person seeking his or her help in obtaining basic property insurance coverage by any one of the following methods: (1) Making an application for insurance through the plan by submitting an application at the person’s request. (2) Providing the person with the California FAIR Plan’s Internet Web site address and the toll-free telephone number. (3) Making an application for insurance, at the person’s request, and placing that person with or through an insurer that offers, or a surplus line broker that procures, basic property insurance coverage. 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 have the consumer protections proposed in this act become operative as soon as possible for homeowners who are having difficulty obtaining insurance coverage for their property because they are located in high-risk brush and wildfire areas, and to provide insurers adequate time to amend and prepare their required notices to customers about the availability of coverage through the California FAIR (fair access to insurance requirements) Plan, it is necessary for this act to take effect immediately. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 170 of the Revenue and Taxation Code is amended to read: 170. (a) Notwithstanding any other law, the board of supervisors, by ordinance, may provide that every assessee of any taxable property, or any person liable for the taxes on that property, whose property was damaged or destroyed without his or her fault, may apply for reassessment of that property as provided in this section. The ordinance may also specify that the assessor may initiate the reassessment where the assessor determines that within the preceding 12 months taxable property located in the county was damaged or destroyed. To be eligible for reassessment the damage or destruction to the property shall have been caused by any of the following: (1) A major misfortune or calamity, in an area or region subsequently proclaimed by the Governor to be in a state of emergency or disaster, if that property was damaged or destroyed by the major misfortune or calamity that caused the Governor to proclaim the area or region to be in a state of emergency or disaster. As used in this paragraph, “damage” includes a diminution in the value of property as a result of restricted access or environmental contamination to the property where that restricted access or environmental contamination was caused by the major misfortune or calamity. (2) A misfortune or calamity. (3) A misfortune or calamity that, with respect to a possessory interest in land owned by the state or federal government, has caused the permit or other right to enter upon the land to be suspended or restricted. As used in this paragraph, “misfortune or calamity” includes a drought condition such as existed in this state in 1976 and 1977. The application for reassessment may be filed within the time specified in the ordinance or within 12 months of the misfortune or calamity, whichever is later, by delivering to the assessor a written application requesting reassessment showing the condition and value, if any, of the property immediately after the damage or destruction, and the dollar amount of the damage. The application shall be executed under penalty of perjury, or if executed outside the State of California, verified by affidavit. An ordinance may be made applicable to a major misfortune or calamity specified in paragraph (1) or to any misfortune or calamity specified in paragraph (2), or to both, as the board of supervisors determines. An ordinance shall not be made applicable to a misfortune or calamity specified in paragraph (3), unless an ordinance making paragraph (2) applicable is operative in the county. The ordinance may specify a period of time within which the ordinance shall be effective, and, if no period of time is specified, it shall remain in effect until repealed. (b) Upon receiving a proper application, the assessor shall appraise the property and determine separately the full cash value of land, improvements, and personalty immediately before and after the damage or destruction. If the sum of the full cash values of the land, improvements, and personalty before the damage or destruction exceeds the sum of the values after the damage by ten thousand dollars ($10,000) or more, the assessor shall also separately determine the percentage reductions in value of land, improvements, and personalty due to the damage or destruction. The assessor shall reduce the values appearing on the assessment roll by the percentages of damage or destruction computed pursuant to this subdivision, and the taxes due on the property shall be adjusted as provided in subdivision (e). However, the amount of the reduction shall not exceed the actual loss. (c) (1) As used in this subdivision, “board” means either the county board of supervisors acting as the county board of equalization, or an assessment appeals board established by the county board of supervisors in accordance with Section 1620, as applicable. (2) The assessor shall notify the applicant in writing of the amount of the proposed reassessment. The notice shall state that the applicant may appeal the proposed reassessment to the board within six months of the date of mailing the notice. If an appeal is requested within the six-month period, the board shall hear and decide the matter as if the proposed reassessment had been entered on the roll as an assessment made outside the regular assessment period. The decision of the board regarding the damaged value of the property shall be final, provided that a decision of the board regarding any reassessment made pursuant to this section shall create no presumption as regards the value of the affected property subsequent to the date of the damage. (3) Those reassessed values resulting from reductions in full cash value of amounts, as determined above, shall be forwarded to the auditor by the assessor or the clerk of the board, as the case may be. The auditor shall enter the reassessed values on the roll. After being entered on the roll, those reassessed values shall not be subject to review, except by a court of competent jurisdiction. (d) (1) If no application is made and the assessor determines that within the preceding 12 months a property has suffered damage caused by misfortune or calamity that may qualify the property owner for relief under an ordinance adopted under this section, the assessor shall provide the last known owner of the property with an application for reassessment. The property owner shall file the completed application within 12 months after the occurrence of that damage. Upon receipt of a properly completed, timely filed application, the property shall be reassessed in the same manner as required in subdivision (b). (2) This subdivision does not apply where the assessor initiated reassessment as provided in subdivision (a) or (l). (e) The tax rate fixed for property on the roll on which the property so reassessed appeared at the time of the misfortune or calamity, shall be applied to the amount of the reassessment as determined in accordance with this section and the assessee shall be liable for: (1) a prorated portion of the taxes that would have been due on the property for the current fiscal year had the misfortune or calamity not occurred, to be determined on the basis of the number of months in the current fiscal year prior to the misfortune or calamity; plus, (2) a proration of the tax due on the property as reassessed in its damaged or destroyed condition, to be determined on the basis of the number of months in the fiscal year after the damage or destruction, including the month in which the damage was incurred. For purposes of applying the preceding calculation in prorating supplemental taxes, the term “fiscal year” means that portion of the tax year used to determine the adjusted amount of taxes due pursuant to subdivision (b) of Section 75.41. If the damage or destruction occurred after January 1 and before the beginning of the next fiscal year, the reassessment shall be utilized to determine the tax liability for the next fiscal year. However, if the property is fully restored during the next fiscal year, taxes due for that year shall be prorated based on the number of months in the year before and after the completion of restoration. (f) Any tax paid in excess of the total tax due shall be refunded to the taxpayer pursuant to Chapter 5 (commencing with Section 5096) of Part 9, as an erroneously collected tax or by order of the board of supervisors without the necessity of a claim being filed pursuant to Chapter 5. (g) (1) The assessed value of the property in its damaged condition, as determined pursuant to subdivision (b) compounded annually by the inflation factor specified in subdivision (a) of Section 51, shall be the taxable value of the property until it is restored, repaired, reconstructed, or other provisions of the law require the establishment of a new base year value. (2) If partial reconstruction, restoration, or repair has occurred on any subsequent lien date, the taxable value shall be increased by an amount determined by multiplying the difference between its factored base year value immediately before the calamity and its assessed value in its damaged condition by the percentage of the repair, reconstruction, or restoration completed on that lien date. (3) (A) On the third lien date following the calamity, if partial reconstruction, restoration, or repair is not progressing in a timely fashion, the assessed value of the property shall be determined pursuant to subdivision (a) of Section 51. (B) This paragraph shall only apply to property destroyed or damaged in an area or region proclaimed by the Governor to be in a state of emergency. (h) (1) When the property is fully repaired, restored, or reconstructed, the assessor shall make an additional assessment or assessments in accordance with subparagraph (A) or (B) upon completion of the repair, restoration, or reconstruction: (A) If the completion of the repair, restoration, or reconstruction occurs on or after January 1, but on or before May 31, then there shall be two additional assessments. The first additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value on the current roll. The second additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value to be enrolled on the roll being prepared. (B) If the completion of the repair, restoration, or reconstruction occurs on or after June 1, but before the succeeding January 1, then the additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value on the current roll. (2) On the lien date following completion of the repair, restoration, or reconstruction, the assessor shall enroll the new taxable value of the property as of that lien date. (3) For purposes of this subdivision, “new taxable value” shall mean the lesser of the property’s (A) full cash value, or (B) factored base year value or its factored base year value as adjusted pursuant to subdivision (c) of Section 70. (i) The assessor may apply Chapter 3.5 (commencing with Section 75) of Part 0.5 in implementing this section, to the extent that chapter is consistent with this section. (j) This section applies to all counties, whether operating under a charter or under the general laws of this state. (k) Any ordinance in effect pursuant to former Section 155.1, 155.13, or 155.14 shall remain in effect according to its terms as if that ordinance was adopted pursuant to this section, subject to the limitations of subdivision (b). (l) When the assessor does not have the general authority pursuant to subdivision (a) to initiate reassessments, if no application is made and the assessor determines that within the preceding 12 months a property has suffered damage caused by misfortune or calamity, that may qualify the property owner for relief under an ordinance adopted under this section, the assessor, with the approval of the board of supervisors, may reassess the particular property for which approval was granted as provided in subdivision (b) and notify the last known owner of the property of the reassessment. (m) The amendments made to this section by the act adding this subdivision shall apply retroactively to the County of Los Angeles with respect to property located in the Porter Ranch neighborhood in the City of Los Angeles that was affected by the methane gas leak in that area in 2015 and 2016. Notwithstanding any other law, in the case of these properties, the application for reassessment may be filed within 12 months of the enactment of this subdivision or within the time specified in the ordinance, whichever is later. This subdivision does not alter any existing law regarding claims or defenses related to diminution of property values. The enactment of this subdivision does not in itself establish a presumption that property values have declined or that any property is in any way “damaged or destroyed” or otherwise “contaminated” for purposes of a civil action related to the methane gas leak that occurred in the Porter Ranch neighborhood of the City of Los Angeles in 2015 and 2016. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances related to the methane gas leak that occurred in the Porter Ranch neighborhood of the City of Los Angeles in 2015 and 2016. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to as soon as possible provide necessary relief to the residents of the Porter Ranch neighborhood in the City of Los Angeles that were affected by the methane gas leak that occurred there in 2015 and 2016, it is necessary that this act take effect immediately.

Existing property tax law authorizes the board of supervisors of a county to provide that every assessee or person liable for taxes on any taxable property whose property was damaged or destroyed without his or her fault may apply for reassessment of that property, as provided. To be eligible for reassessment, existing law requires that the damage or destruction of the property be caused by specified circumstances, including a major misfortune or calamity in an area or region subsequently proclaimed by the Governor to be in a state of disaster. This bill would additionally authorize the board of supervisors of a county to provide for reassessment of property destroyed or damaged by a major misfortune or calamity in an area or region subsequently proclaimed by the Governor to be in a state of emergency. The bill would specify that “damage” includes a diminution in the value of property as a result of environmental contamination. The bill would also provide that the amendments made by its provisions would apply retroactively to property located in the Porter Ranch neighborhood in the City of Los Angeles that was affected by the methane gas leak in that area in 2015 and 2016 and that, with respect to these properties, the application for reassessment may be filed within 12 months of the enactment of this bill or within the time specified in the ordinance, whichever is later. The bill would specify that these provisions do not alter existing law regarding claims or defenses related to diminution of property values or establish a presumption that property values have declined or that any property is in any way “damaged or destroyed” or otherwise “contaminated” for purposes of a civil action related to the methane gas leak in the Porter Ranch neighborhood. Existing law requires the assessed value of the property in its damaged condition, determined as specified, to be the taxable value of the property until it is restored, repaired, reconstructed, or other provisions of the law require the establishment of a new base year value. Existing law, if partial reconstruction, restoration, or repair has occurred on any subsequent lien date, requires the taxable value to be increased by a specified amount. This bill, for property destroyed or damaged in an area or region proclaimed by the Governor to be in a state of emergency, on the 3rd lien date following the calamity, if partial reconstruction, restoration, or repair is not progressing in a timely fashion, would require the assessed value of the property to be determined, as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. This bill would declare that it is to take effect immediately as an urgency statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 170 of the Revenue and Taxation Code is amended to read: 170. (a) Notwithstanding any other law, the board of supervisors, by ordinance, may provide that every assessee of any taxable property, or any person liable for the taxes on that property, whose property was damaged or destroyed without his or her fault, may apply for reassessment of that property as provided in this section. The ordinance may also specify that the assessor may initiate the reassessment where the assessor determines that within the preceding 12 months taxable property located in the county was damaged or destroyed. To be eligible for reassessment the damage or destruction to the property shall have been caused by any of the following: (1) A major misfortune or calamity, in an area or region subsequently proclaimed by the Governor to be in a state of emergency or disaster, if that property was damaged or destroyed by the major misfortune or calamity that caused the Governor to proclaim the area or region to be in a state of emergency or disaster. As used in this paragraph, “damage” includes a diminution in the value of property as a result of restricted access or environmental contamination to the property where that restricted access or environmental contamination was caused by the major misfortune or calamity. (2) A misfortune or calamity. (3) A misfortune or calamity that, with respect to a possessory interest in land owned by the state or federal government, has caused the permit or other right to enter upon the land to be suspended or restricted. As used in this paragraph, “misfortune or calamity” includes a drought condition such as existed in this state in 1976 and 1977. The application for reassessment may be filed within the time specified in the ordinance or within 12 months of the misfortune or calamity, whichever is later, by delivering to the assessor a written application requesting reassessment showing the condition and value, if any, of the property immediately after the damage or destruction, and the dollar amount of the damage. The application shall be executed under penalty of perjury, or if executed outside the State of California, verified by affidavit. An ordinance may be made applicable to a major misfortune or calamity specified in paragraph (1) or to any misfortune or calamity specified in paragraph (2), or to both, as the board of supervisors determines. An ordinance shall not be made applicable to a misfortune or calamity specified in paragraph (3), unless an ordinance making paragraph (2) applicable is operative in the county. The ordinance may specify a period of time within which the ordinance shall be effective, and, if no period of time is specified, it shall remain in effect until repealed. (b) Upon receiving a proper application, the assessor shall appraise the property and determine separately the full cash value of land, improvements, and personalty immediately before and after the damage or destruction. If the sum of the full cash values of the land, improvements, and personalty before the damage or destruction exceeds the sum of the values after the damage by ten thousand dollars ($10,000) or more, the assessor shall also separately determine the percentage reductions in value of land, improvements, and personalty due to the damage or destruction. The assessor shall reduce the values appearing on the assessment roll by the percentages of damage or destruction computed pursuant to this subdivision, and the taxes due on the property shall be adjusted as provided in subdivision (e). However, the amount of the reduction shall not exceed the actual loss. (c) (1) As used in this subdivision, “board” means either the county board of supervisors acting as the county board of equalization, or an assessment appeals board established by the county board of supervisors in accordance with Section 1620, as applicable. (2) The assessor shall notify the applicant in writing of the amount of the proposed reassessment. The notice shall state that the applicant may appeal the proposed reassessment to the board within six months of the date of mailing the notice. If an appeal is requested within the six-month period, the board shall hear and decide the matter as if the proposed reassessment had been entered on the roll as an assessment made outside the regular assessment period. The decision of the board regarding the damaged value of the property shall be final, provided that a decision of the board regarding any reassessment made pursuant to this section shall create no presumption as regards the value of the affected property subsequent to the date of the damage. (3) Those reassessed values resulting from reductions in full cash value of amounts, as determined above, shall be forwarded to the auditor by the assessor or the clerk of the board, as the case may be. The auditor shall enter the reassessed values on the roll. After being entered on the roll, those reassessed values shall not be subject to review, except by a court of competent jurisdiction. (d) (1) If no application is made and the assessor determines that within the preceding 12 months a property has suffered damage caused by misfortune or calamity that may qualify the property owner for relief under an ordinance adopted under this section, the assessor shall provide the last known owner of the property with an application for reassessment. The property owner shall file the completed application within 12 months after the occurrence of that damage. Upon receipt of a properly completed, timely filed application, the property shall be reassessed in the same manner as required in subdivision (b). (2) This subdivision does not apply where the assessor initiated reassessment as provided in subdivision (a) or (l). (e) The tax rate fixed for property on the roll on which the property so reassessed appeared at the time of the misfortune or calamity, shall be applied to the amount of the reassessment as determined in accordance with this section and the assessee shall be liable for: (1) a prorated portion of the taxes that would have been due on the property for the current fiscal year had the misfortune or calamity not occurred, to be determined on the basis of the number of months in the current fiscal year prior to the misfortune or calamity; plus, (2) a proration of the tax due on the property as reassessed in its damaged or destroyed condition, to be determined on the basis of the number of months in the fiscal year after the damage or destruction, including the month in which the damage was incurred. For purposes of applying the preceding calculation in prorating supplemental taxes, the term “fiscal year” means that portion of the tax year used to determine the adjusted amount of taxes due pursuant to subdivision (b) of Section 75.41. If the damage or destruction occurred after January 1 and before the beginning of the next fiscal year, the reassessment shall be utilized to determine the tax liability for the next fiscal year. However, if the property is fully restored during the next fiscal year, taxes due for that year shall be prorated based on the number of months in the year before and after the completion of restoration. (f) Any tax paid in excess of the total tax due shall be refunded to the taxpayer pursuant to Chapter 5 (commencing with Section 5096) of Part 9, as an erroneously collected tax or by order of the board of supervisors without the necessity of a claim being filed pursuant to Chapter 5. (g) (1) The assessed value of the property in its damaged condition, as determined pursuant to subdivision (b) compounded annually by the inflation factor specified in subdivision (a) of Section 51, shall be the taxable value of the property until it is restored, repaired, reconstructed, or other provisions of the law require the establishment of a new base year value. (2) If partial reconstruction, restoration, or repair has occurred on any subsequent lien date, the taxable value shall be increased by an amount determined by multiplying the difference between its factored base year value immediately before the calamity and its assessed value in its damaged condition by the percentage of the repair, reconstruction, or restoration completed on that lien date. (3) (A) On the third lien date following the calamity, if partial reconstruction, restoration, or repair is not progressing in a timely fashion, the assessed value of the property shall be determined pursuant to subdivision (a) of Section 51. (B) This paragraph shall only apply to property destroyed or damaged in an area or region proclaimed by the Governor to be in a state of emergency. (h) (1) When the property is fully repaired, restored, or reconstructed, the assessor shall make an additional assessment or assessments in accordance with subparagraph (A) or (B) upon completion of the repair, restoration, or reconstruction: (A) If the completion of the repair, restoration, or reconstruction occurs on or after January 1, but on or before May 31, then there shall be two additional assessments. The first additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value on the current roll. The second additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value to be enrolled on the roll being prepared. (B) If the completion of the repair, restoration, or reconstruction occurs on or after June 1, but before the succeeding January 1, then the additional assessment shall be the difference between the new taxable value as of the date of completion and the taxable value on the current roll. (2) On the lien date following completion of the repair, restoration, or reconstruction, the assessor shall enroll the new taxable value of the property as of that lien date. (3) For purposes of this subdivision, “new taxable value” shall mean the lesser of the property’s (A) full cash value, or (B) factored base year value or its factored base year value as adjusted pursuant to subdivision (c) of Section 70. (i) The assessor may apply Chapter 3.5 (commencing with Section 75) of Part 0.5 in implementing this section, to the extent that chapter is consistent with this section. (j) This section applies to all counties, whether operating under a charter or under the general laws of this state. (k) Any ordinance in effect pursuant to former Section 155.1, 155.13, or 155.14 shall remain in effect according to its terms as if that ordinance was adopted pursuant to this section, subject to the limitations of subdivision (b). (l) When the assessor does not have the general authority pursuant to subdivision (a) to initiate reassessments, if no application is made and the assessor determines that within the preceding 12 months a property has suffered damage caused by misfortune or calamity, that may qualify the property owner for relief under an ordinance adopted under this section, the assessor, with the approval of the board of supervisors, may reassess the particular property for which approval was granted as provided in subdivision (b) and notify the last known owner of the property of the reassessment. (m) The amendments made to this section by the act adding this subdivision shall apply retroactively to the County of Los Angeles with respect to property located in the Porter Ranch neighborhood in the City of Los Angeles that was affected by the methane gas leak in that area in 2015 and 2016. Notwithstanding any other law, in the case of these properties, the application for reassessment may be filed within 12 months of the enactment of this subdivision or within the time specified in the ordinance, whichever is later. This subdivision does not alter any existing law regarding claims or defenses related to diminution of property values. The enactment of this subdivision does not in itself establish a presumption that property values have declined or that any property is in any way “damaged or destroyed” or otherwise “contaminated” for purposes of a civil action related to the methane gas leak that occurred in the Porter Ranch neighborhood of the City of Los Angeles in 2015 and 2016. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances related to the methane gas leak that occurred in the Porter Ranch neighborhood of the City of Los Angeles in 2015 and 2016. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to as soon as possible provide necessary relief to the residents of the Porter Ranch neighborhood in the City of Los Angeles that were affected by the methane gas leak that occurred there in 2015 and 2016, it is necessary that this act take effect immediately. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 556.4 of the Penal Code is amended to read: 556.4. For purposes of this article, information that appears on any a sign, picture, transparency, advertisement, or mechanical device such as, but not limited to, the following, may be used as evidence to establish the fact, and may create an inference, that a person or entity is responsible for the posting of the sign, picture, transparency, advertisement, or mechanical device: (a) The name, telephone number, address, or other identifying information regarding the real estate broker, real estate brokerage firm, real estate agent, or other person associated with the firm. (b) The name, telephone number, address, or other identifying information of the owner or lessee of property used for a commercial activity or event. (c) The name, telephone number, address, or other identifying information of the sponsor or promoter of a sporting event, concert, theatrical performance, or similar activity or event. SECTION 1. The Legislature finds and declares all of the following: (a)On February 10, 2014, the three-judge court overseeing the California prison overcrowding class action case (Coleman v. Brown (2013) 952 F.Supp.2d 901) issued an order that, among other things, requires the state to implement an Elderly Parole Program so that prisoners who are 60 years of age or older and who have been incarcerated at least 25 years on their current sentence will be referred to the Board of Parole Hearings (BPH) to determine suitability for parole. The BPH implemented this Elderly Parole Program on October 1, 2014. (b)Under the existing Elderly Parole Program hearings, prisoners who are 60 years of age or older and who have been incarcerated 25 years or more on their current sentence serving either a determinate or indeterminate sentence, and who have not yet had an initial parole suitability hearing are referred by the California Department of Corrections and Rehabilitation (CDCR) to the BPH and scheduled for an Elderly Parole Program Suitability hearing. (c)Under the existing Elderly Parole Program hearings, prisoners who are 60 years of age or older and who have been incarcerated 25 years or more on their current term and who have already been denied parole at the initial suitability hearing are considered for a new hearing under the Elderly Parole Program. (d)The BPH currently reviews all three-year denials annually to determine if a more prompt parole consideration hearing should be considered. Under the existing Elderly Parole Program, the BPH includes within that annual review whether any prisoner meets the elder parole eligibility criteria, and if so whether to schedule a hearing. (e)Under the existing Elderly Parole Program, prisoners who have lengthier denial periods can file petitions with the BPH asking that their hearing be advanced because they meet the eligibility criteria for elder parole. (f)The BPH may deny parole if an elderly prisoner’s release would pose an unreasonable risk of danger to public safety. Parole suitability hearing decisions for elderly parole inmates are reviewed in the same manner as all other parolees under eligibility consideration, pursuant to criteria specified by Section 2281 of Title 15 of the California Code of Regulations. However, for all Elderly Parole Program hearings, the BPH risk assessments consider whether age, time served, and diminished physical condition, if any, reduce elderly prisoners’ risk for future violence. (g)The number of elderly prisoners in California state prisons will continue to increase exponentially. In 2013, the CDCR reported a population of prisoners 50 years of age and older as 27,580 and the population of prisoners 55 years of age and older as 14,856. (h)Costs associated with geriatric medical needs begin to accumulate at 50 years of age, given that there is an overwhelming consensus that the age of 50 constitutes a point when prisoners are considered elderly. In 2010, the LAO estimated from other state projections that incarcerating elderly offenders costs two to three times more than for the general prison population. In 2010, the average cost of incarcerating an inmate was approximately $51,000. (i)Older persons have significantly low arrest rates. In 2001, the federal arrest rate for persons 40 to 44, inclusive, years of age was 0.73 percent. The rate decreases by about one-half every five years, dropping to 0.46 percent for persons 45 to 49, inclusive, years of age and 0.26 percent for persons 50 to 54, inclusive, years of age. For persons 50 to 59, inclusive, years of age, the arrest rate plummets to 0.14 percent. (j)There is a lower risk of recidivism among elderly prisoners, according to CDCR statistics. In 2013, CDCR reported that only 33.8 percent of persons who were 60 years of age and older, returned to prison after one year from being released from prison. Recidivism rates for persons 50 to 54, inclusive, years of age and 55 to 59, inclusive, years of age after one year from being released from prison were 39.9 and 38.3 percent, respectively. SEC. 2. Section 3055 is added to the Penal Code , to read: 3055. (a)The Elderly Parole Program is hereby established, to be administered by the Board of Parole Hearings. (b)A prisoner shall be considered for parole under the Elderly Parole Program if he or she meets all of the following conditions: (1)The prisoner is 50 years of age or older. (2)The prisoner has served 15 years of his or her sentence. (3)The prisoner has a reentry plan identifying residential, financial, and social integration plans. (c)When considering the release of a prisoner specified by subdivision (b) pursuant to Section 3041, the board shall give special consideration to whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoner’s risk for future violence. (d)When scheduling a parole suitability hearing date pursuant to subdivision (b) of Section 3041.5 or when considering a request for an advance hearing pursuant to subdivision (d) of Section 3041.5, the board shall consider whether the prisoner meets or will meet the criteria specified in subdivision (b).

Existing law makes it a misdemeanor to place or maintain any sign, picture, transparency, advertisement, or mechanical device for the purpose of advertising on public or private property without lawful permission or consent of the owner. Existing law allows information that appears on the advertisement to be used as evidence to establish the fact that a person or entity is responsible for posting the advertisement. This bill would make a technical, nonsubstantive change to these provisions. Existing law requires the Board of Parole Hearings to meet with an inmate during the 6th year prior to the inmate’s minimum eligible parole release date to document the inmate’s activities and conduct pertinent to parole eligibility. Existing law, the Victims’ Bill of Rights Act of 2008: Marsy’s Law, as added by Proposition 9 at the November 4, 2008, statewide general election, requires the panel, or the board if sitting en banc, to set a release date at the meeting, unless it determines that consideration of the public and victim’s safety requires a more lengthy period of incarceration, and that a parole date cannot be fixed at the meeting. Existing law requires the board to schedule the next parole consideration hearing 15, 10, 7, 5, or 3 years after any hearing at which parole is denied. Existing law allows the board to advance a hearing set pursuant to these provisions to an earlier date when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require an additional period of incarceration. Existing law, as added by Proposition 184, adopted November 8, 1994, and amended by Proposition 36, adopted November 6, 2012, commonly known as the Three Strikes Law, imposes increased penalties for certain recidivist offenders. In particular, it requires that, in addition to any other enhancement or penalty provisions that may apply, if a defendant has 2 or more prior felony convictions, the term for the current felony conviction shall be an indeterminate term of imprisonment in the state prison for life with a minimum term of the greatest of 3 times the term otherwise provided as punishment for each current felony conviction subsequent to the 2 or more prior felony convictions, imprisonment in the state prison for 25 years, or the term determined by the court for the underlying conviction, including any applicable enhancement or punishment provisions. The initiative measure enacting the Three Strikes Law prohibits the Legislature from amending the act except by a statute passed by a 2 3 vote or by a statute that becomes effective only when approved by the electors. This bill would establish the Elderly Parole Program, for prisoners who are 50 years of age or older, who have served 15 years of their sentence, and who have a reentry plan identifying residential, financial, and social integration plans. When considering the release of an inmate who meets this criteria, the bill would require the board to consider whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoner’s risk for future violence. The bill would also require the Board of Parole Hearings to consider whether a prisoner will qualify for the program when determining the prisoner’s next parole suitability hearing.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 556.4 of the Penal Code is amended to read: 556.4. For purposes of this article, information that appears on any a sign, picture, transparency, advertisement, or mechanical device such as, but not limited to, the following, may be used as evidence to establish the fact, and may create an inference, that a person or entity is responsible for the posting of the sign, picture, transparency, advertisement, or mechanical device: (a) The name, telephone number, address, or other identifying information regarding the real estate broker, real estate brokerage firm, real estate agent, or other person associated with the firm. (b) The name, telephone number, address, or other identifying information of the owner or lessee of property used for a commercial activity or event. (c) The name, telephone number, address, or other identifying information of the sponsor or promoter of a sporting event, concert, theatrical performance, or similar activity or event. SECTION 1. The Legislature finds and declares all of the following: (a)On February 10, 2014, the three-judge court overseeing the California prison overcrowding class action case (Coleman v. Brown (2013) 952 F.Supp.2d 901) issued an order that, among other things, requires the state to implement an Elderly Parole Program so that prisoners who are 60 years of age or older and who have been incarcerated at least 25 years on their current sentence will be referred to the Board of Parole Hearings (BPH) to determine suitability for parole. The BPH implemented this Elderly Parole Program on October 1, 2014. (b)Under the existing Elderly Parole Program hearings, prisoners who are 60 years of age or older and who have been incarcerated 25 years or more on their current sentence serving either a determinate or indeterminate sentence, and who have not yet had an initial parole suitability hearing are referred by the California Department of Corrections and Rehabilitation (CDCR) to the BPH and scheduled for an Elderly Parole Program Suitability hearing. (c)Under the existing Elderly Parole Program hearings, prisoners who are 60 years of age or older and who have been incarcerated 25 years or more on their current term and who have already been denied parole at the initial suitability hearing are considered for a new hearing under the Elderly Parole Program. (d)The BPH currently reviews all three-year denials annually to determine if a more prompt parole consideration hearing should be considered. Under the existing Elderly Parole Program, the BPH includes within that annual review whether any prisoner meets the elder parole eligibility criteria, and if so whether to schedule a hearing. (e)Under the existing Elderly Parole Program, prisoners who have lengthier denial periods can file petitions with the BPH asking that their hearing be advanced because they meet the eligibility criteria for elder parole. (f)The BPH may deny parole if an elderly prisoner’s release would pose an unreasonable risk of danger to public safety. Parole suitability hearing decisions for elderly parole inmates are reviewed in the same manner as all other parolees under eligibility consideration, pursuant to criteria specified by Section 2281 of Title 15 of the California Code of Regulations. However, for all Elderly Parole Program hearings, the BPH risk assessments consider whether age, time served, and diminished physical condition, if any, reduce elderly prisoners’ risk for future violence. (g)The number of elderly prisoners in California state prisons will continue to increase exponentially. In 2013, the CDCR reported a population of prisoners 50 years of age and older as 27,580 and the population of prisoners 55 years of age and older as 14,856. (h)Costs associated with geriatric medical needs begin to accumulate at 50 years of age, given that there is an overwhelming consensus that the age of 50 constitutes a point when prisoners are considered elderly. In 2010, the LAO estimated from other state projections that incarcerating elderly offenders costs two to three times more than for the general prison population. In 2010, the average cost of incarcerating an inmate was approximately $51,000. (i)Older persons have significantly low arrest rates. In 2001, the federal arrest rate for persons 40 to 44, inclusive, years of age was 0.73 percent. The rate decreases by about one-half every five years, dropping to 0.46 percent for persons 45 to 49, inclusive, years of age and 0.26 percent for persons 50 to 54, inclusive, years of age. For persons 50 to 59, inclusive, years of age, the arrest rate plummets to 0.14 percent. (j)There is a lower risk of recidivism among elderly prisoners, according to CDCR statistics. In 2013, CDCR reported that only 33.8 percent of persons who were 60 years of age and older, returned to prison after one year from being released from prison. Recidivism rates for persons 50 to 54, inclusive, years of age and 55 to 59, inclusive, years of age after one year from being released from prison were 39.9 and 38.3 percent, respectively. SEC. 2. Section 3055 is added to the Penal Code , to read: 3055. (a)The Elderly Parole Program is hereby established, to be administered by the Board of Parole Hearings. (b)A prisoner shall be considered for parole under the Elderly Parole Program if he or she meets all of the following conditions: (1)The prisoner is 50 years of age or older. (2)The prisoner has served 15 years of his or her sentence. (3)The prisoner has a reentry plan identifying residential, financial, and social integration plans. (c)When considering the release of a prisoner specified by subdivision (b) pursuant to Section 3041, the board shall give special consideration to whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoner’s risk for future violence. (d)When scheduling a parole suitability hearing date pursuant to subdivision (b) of Section 3041.5 or when considering a request for an advance hearing pursuant to subdivision (d) of Section 3041.5, the board shall consider whether the prisoner meets or will meet the criteria specified in subdivision (b). ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 556.

The people of the State of California do enact as follows: SECTION 1. Section 1808.4 of the Vehicle Code is amended to read: 1808.4. (a) For all of the following persons, his or her home address that appears in a record of the department is confidential if the person requests the confidentiality of that information: (1) Attorney General. (2) State Public Defender. (3) A Member of the Legislature. (4) A judge or court commissioner. (5) A district attorney. (6) A public defender. (7) An attorney employed by the Department of Justice, the office of the State Public Defender, or a county office of the district attorney or public defender. (8) A city attorney and an attorney who submits verification from his or her public employer that the attorney represents the city in matters that routinely place the attorney in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if that attorney is employed by a city attorney. (9) A nonsworn police dispatcher. (10) A child abuse investigator or social worker, working in child protective services within a social services department. (11) An active or retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (12) An employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or the Prison Industry Authority specified in Sections 20403 and 20405 of the Government Code. (13) A nonsworn employee of a city police department, a county sheriff’s office, the Department of the California Highway Patrol, a federal, state, or local detention facility, or a local juvenile hall, camp, ranch, or home, who submits agency verification that, in the normal course of his or her employment, he or she controls or supervises inmates or is required to have a prisoner in his or her care or custody. (14) A county counsel assigned to child abuse cases. (15) An investigator employed by the Department of Justice, a county district attorney, or a county public defender. (16) A member of a city council. (17) A member of a board of supervisors. (18) A federal prosecutor, criminal investigator, or National Park Service Ranger working in this state. (19) An active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances. (20) An employee of a trial court. (21) A psychiatric social worker employed by a county. (22) A police or sheriff department employee designated by the chief of police of the department or the sheriff of the county as being in a sensitive position. A designation pursuant to this paragraph shall, for purposes of this section, remain in effect for three years subject to additional designations that, for purposes of this section, shall remain in effect for additional three-year periods. (23) A state employee in one of the following classifications: (A) Licensing-Registration Examiner, Department of Motor Vehicles. (B) Motor Carrier Specialist I, Department of the California Highway Patrol. (C) Museum Security Officer and Supervising Museum Security Officer. (D) Licensing Program Analyst, State Department of Social Services. (24) (A) The spouse or child of a person listed in paragraphs (1) to (23), inclusive, regardless of the spouse’s or child’s place of residence. (B) The surviving spouse or child of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if the peace officer died in the line of duty. (C) (i) Subparagraphs (A) and (B) shall not apply if the person listed in those subparagraphs was convicted of a crime and is on active parole or probation. (ii) For requests made on or after January 1, 2011, the person requesting confidentiality for their spouse or child listed in subparagraph (A) or (B) shall declare, at the time of the request for confidentiality, whether the spouse or child has been convicted of a crime and is on active parole or probation. (iii) Neither the listed person’s employer nor the department shall be required to verify, or be responsible for verifying, that a person listed in subparagraph (A) or (B) was convicted of a crime and is on active parole or probation. (D) (i) The department shall discontinue holding a home address confidential pursuant to this subdivision for a person specified in subparagraph (A) or (B) who is the child or spouse of a person described in paragraph (9), (11), (13), or (22) if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony. (ii) The department shall comply with this subparagraph upon receiving notice of a disqualifying conviction from the agency that employs or formerly employed the parent or spouse of the convicted person, or as soon as the department otherwise becomes aware of the disqualifying conviction. (b) The confidential home address of a person listed in subdivision (a) shall not be disclosed, except to any of the following: (1) A court. (2) A law enforcement agency. (3) The State Board of Equalization. (4) An attorney in a civil or criminal action that demonstrates to a court the need for the home address, if the disclosure is made pursuant to a subpoena. (5) A governmental agency to which, under any provision of law, information is required to be furnished from records maintained by the department. (c) (1) A record of the department containing a confidential home address shall be open to public inspection, as provided in Section 1808, if the address is completely obliterated or otherwise removed from the record. (2) Following termination of office or employment, a confidential home address shall be withheld from public inspection for three years, unless the termination is the result of conviction of a criminal offense. If the termination or separation is the result of the filing of a criminal complaint, a confidential home address shall be withheld from public inspection during the time in which the terminated individual may file an appeal from termination, while an appeal from termination is ongoing, and until the appeal process is exhausted, after which confidentiality shall be at the discretion of the employing agency if the termination or separation is upheld. Upon reinstatement to an office or employment, the protections of this section are available. (3) With respect to a retired peace officer, his or her home address shall be withheld from public inspection permanently upon request of confidentiality at the time the information would otherwise be opened. The home address of the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer. (4) The department shall inform a person who requests a confidential home address what agency the individual whose address was requested is employed by or the court at which the judge or court commissioner presides. (d) A violation of subdivision (a) by the disclosure of the confidential home address of a peace officer, as specified in paragraph (11) of subdivision (a), a nonsworn employee of the city police department or county sheriff’s office, or the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriff’s office, or the spouses or children of these persons is a felony.

Existing law makes confidential, upon request, the home addresses of specified governmental officials, peace officers, state employees, and certain other persons that appear in the records of the Department of Motor Vehicles. Existing law also makes confidential, upon request, the home address of the spouse or child of any of those persons, or the surviving spouse or child of a peace officer if the peace officer died in the line of duty, except for a spouse, surviving spouse, or child who was convicted of a crime and is on active parole or probation. Existing law prohibits the disclosure of the confidential home addresses described above, except as specified. Existing law requires a record of the department containing a confidential home address to be open to public inspection, as specified, if the address is completely obliterated or otherwise removed from the record. Existing law also provides that the home address of the surviving spouse or child of a peace officer, as specified, shall be withheld from public inspection for 3 years following the death of the peace officer. This bill would require the department to discontinue holding a home address confidential, pursuant to the above provisions, for a child or spouse of specified persons if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1808.4 of the Vehicle Code is amended to read: 1808.4. (a) For all of the following persons, his or her home address that appears in a record of the department is confidential if the person requests the confidentiality of that information: (1) Attorney General. (2) State Public Defender. (3) A Member of the Legislature. (4) A judge or court commissioner. (5) A district attorney. (6) A public defender. (7) An attorney employed by the Department of Justice, the office of the State Public Defender, or a county office of the district attorney or public defender. (8) A city attorney and an attorney who submits verification from his or her public employer that the attorney represents the city in matters that routinely place the attorney in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts, if that attorney is employed by a city attorney. (9) A nonsworn police dispatcher. (10) A child abuse investigator or social worker, working in child protective services within a social services department. (11) An active or retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (12) An employee of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or the Prison Industry Authority specified in Sections 20403 and 20405 of the Government Code. (13) A nonsworn employee of a city police department, a county sheriff’s office, the Department of the California Highway Patrol, a federal, state, or local detention facility, or a local juvenile hall, camp, ranch, or home, who submits agency verification that, in the normal course of his or her employment, he or she controls or supervises inmates or is required to have a prisoner in his or her care or custody. (14) A county counsel assigned to child abuse cases. (15) An investigator employed by the Department of Justice, a county district attorney, or a county public defender. (16) A member of a city council. (17) A member of a board of supervisors. (18) A federal prosecutor, criminal investigator, or National Park Service Ranger working in this state. (19) An active or retired city enforcement officer engaged in the enforcement of the Vehicle Code or municipal parking ordinances. (20) An employee of a trial court. (21) A psychiatric social worker employed by a county. (22) A police or sheriff department employee designated by the chief of police of the department or the sheriff of the county as being in a sensitive position. A designation pursuant to this paragraph shall, for purposes of this section, remain in effect for three years subject to additional designations that, for purposes of this section, shall remain in effect for additional three-year periods. (23) A state employee in one of the following classifications: (A) Licensing-Registration Examiner, Department of Motor Vehicles. (B) Motor Carrier Specialist I, Department of the California Highway Patrol. (C) Museum Security Officer and Supervising Museum Security Officer. (D) Licensing Program Analyst, State Department of Social Services. (24) (A) The spouse or child of a person listed in paragraphs (1) to (23), inclusive, regardless of the spouse’s or child’s place of residence. (B) The surviving spouse or child of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, if the peace officer died in the line of duty. (C) (i) Subparagraphs (A) and (B) shall not apply if the person listed in those subparagraphs was convicted of a crime and is on active parole or probation. (ii) For requests made on or after January 1, 2011, the person requesting confidentiality for their spouse or child listed in subparagraph (A) or (B) shall declare, at the time of the request for confidentiality, whether the spouse or child has been convicted of a crime and is on active parole or probation. (iii) Neither the listed person’s employer nor the department shall be required to verify, or be responsible for verifying, that a person listed in subparagraph (A) or (B) was convicted of a crime and is on active parole or probation. (D) (i) The department shall discontinue holding a home address confidential pursuant to this subdivision for a person specified in subparagraph (A) or (B) who is the child or spouse of a person described in paragraph (9), (11), (13), or (22) if the child or spouse is convicted of a felony in this state or is convicted of an offense in another jurisdiction that, if committed in California, would be a felony. (ii) The department shall comply with this subparagraph upon receiving notice of a disqualifying conviction from the agency that employs or formerly employed the parent or spouse of the convicted person, or as soon as the department otherwise becomes aware of the disqualifying conviction. (b) The confidential home address of a person listed in subdivision (a) shall not be disclosed, except to any of the following: (1) A court. (2) A law enforcement agency. (3) The State Board of Equalization. (4) An attorney in a civil or criminal action that demonstrates to a court the need for the home address, if the disclosure is made pursuant to a subpoena. (5) A governmental agency to which, under any provision of law, information is required to be furnished from records maintained by the department. (c) (1) A record of the department containing a confidential home address shall be open to public inspection, as provided in Section 1808, if the address is completely obliterated or otherwise removed from the record. (2) Following termination of office or employment, a confidential home address shall be withheld from public inspection for three years, unless the termination is the result of conviction of a criminal offense. If the termination or separation is the result of the filing of a criminal complaint, a confidential home address shall be withheld from public inspection during the time in which the terminated individual may file an appeal from termination, while an appeal from termination is ongoing, and until the appeal process is exhausted, after which confidentiality shall be at the discretion of the employing agency if the termination or separation is upheld. Upon reinstatement to an office or employment, the protections of this section are available. (3) With respect to a retired peace officer, his or her home address shall be withheld from public inspection permanently upon request of confidentiality at the time the information would otherwise be opened. The home address of the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a) shall be withheld from public inspection for three years following the death of the peace officer. (4) The department shall inform a person who requests a confidential home address what agency the individual whose address was requested is employed by or the court at which the judge or court commissioner presides. (d) A violation of subdivision (a) by the disclosure of the confidential home address of a peace officer, as specified in paragraph (11) of subdivision (a), a nonsworn employee of the city police department or county sheriff’s office, or the spouses or children of these persons, including, but not limited to, the surviving spouse or child listed in subparagraph (B) of paragraph (24) of subdivision (a), that results in bodily injury to the peace officer, employee of the city police department or county sheriff’s office, or the spouses or children of these persons is a felony. ### Summary: This text is a summary of the bill. ### Text: The people of the State of California do enact as follows: SECTION 1.

The people of the State of California do enact as follows: SECTION 1. Article 2.10 (commencing with Section 65891) is added to Chapter 4 of Division 1 of Title 7 of the Government Code, to read: Article 2.10. Aquifer Protection 65891. The Legislature finds and declares as follows: (a) Groundwater provides substantial water supplies for many farms and communities across the state, particularly in drier years. While in some parts of the state groundwater is very well managed, in other parts there has been substantial groundwater overdraft. (b) During California’s record drought, there has been a substantial increase in the extraction of groundwater resulting in impacts to aquifers. (c) In 2014, California adopted landmark legislation, the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), to sustainably manage groundwater resources. The act will not be fully implemented for many years, allowing groundwater overdraft to continue in some regions. (d) Despite the drought, there has been a substantial and dramatic increase in conversion of existing pastureland and nonirrigated lands to new permanent crops irrigated by new deep groundwater wells. In many parts of the central valley, these new orchards and groundwater wells have caused or contributed to existing groundwater wells drying up. These new groundwater wells exacerbate overdraft in some regions of the state and have harmed and will continue to harm groundwater supplies for existing farms and rural communities and the long-term viability of aquifers. (e) A number of new developments also rely on individual new wells, further stressing overdrafted groundwater basins. (f) The number of new wells supplying significant new demands for groundwater has resulted in alarming subsidence in many areas of California. Subsidence threatens statewide resources and infrastructure such as roads, highways, and aqueducts. Importantly, subsidence may also cause permanent damage to aquifers, threatening groundwater resources for future generations. (g) The lack of protection for aquifers, existing groundwater users, and important infrastructure from the explosive increase in new wells is an issue of statewide importance and requires statewide regulation to avoid undesirable results to groundwater and statewide resources while local communities are working to comply with the provisions of the Sustainable Groundwater Management Act. Preventing undesirable results in a high- or medium-priority basin pursuant to this article and in furtherance of Section 113 of the Water Code is a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act applies to charter cities. (h) This act is in furtherance of the policy contained in Section 2 of Article X of the California Constitution. 65891.1. As used in this article: (a) “Basin” has the meaning provided in Section 10721 of the Water Code. (b) “Board” means the State Water Resources Control Board. (c) “Bulletin 118” has the meaning provided in Section 10721 of the Water Code. (d) “De minimis extractor” has the meaning provided in Section 10721 of the Water Code. (e) “Department” means the Department of Water Resources. (f) “Disadvantaged unincorporated community” has the meaning provided in Section 56033.5. (g) “Groundwater” has the meaning provided in Section 10721 of the Water Code. (h) “Groundwater extraction facility” has the meaning provided in Section 10721 of the Water Code. (i) “Groundwater sustainability plan” has the meaning provided in Section 10721 of the Water Code. (j) “High-priority basin,” “medium-priority basin,” “low-priority basin,” and “very low priority basin” have the same meaning as the categorization of a basin by the department pursuant to Section 10722.4 of the Water Code. (k) “Primary drinking water standards” has the meaning provided in Section 116275 of the Health and Safety Code. (l) “Probationary basin” has the meaning provided in Section 10735 of the Water Code. (m) “Special act water district” means an agency created by statute to manage groundwater that is the exclusive local agency within its statutory boundaries with powers to comply with Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code as described in paragraph (1) of subdivision (c) of Section 10723 of the Water Code. (n) “Undesirable result” has the meaning provided in Section 10721 of the Water Code. 65891.2. (a) A city or county overlying a basin designated as a high- or medium-priority basin shall do both of the following: (1) By January 1, 2018, establish a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility that requires an applicant for a groundwater extraction permit to demonstrate, based on substantial evidence, that extraction of groundwater from a proposed groundwater extraction facility will not contribute to or create an undesirable result. (2) Prohibit the issuance of a groundwater extraction permit for a new groundwater extraction facility in either of the following: (A) A probationary basin, except if the board determines that part of a probationary basin is being adequately managed, in which case the prohibition on the issuance of a groundwater extraction permit for a new groundwater extraction facility shall apply only to those portions of the probationary basin not adequately managed as determined by the board. (B) A basin designated in Bulletin 118 as a basin subject to critical conditions of overdraft. (b) A groundwater extraction permit for the development of a groundwater extraction facility shall not be required for any of the following: (1) A de minimis extractor. (2) The replacement of an existing groundwater extraction facility with a new groundwater extraction facility with the same or a lessor extraction capacity. For the purposes of this article, replacement includes the deepening of a groundwater extraction facility. (3) A groundwater extraction facility constructed to provide drinking water to a water system for the purposes of public health. (4) A groundwater extraction facility necessary for habitat or wetlands conservation. (5) A groundwater extraction facility necessary for a renewable energy project such as utility scale solar. for a photovoltaic or wind energy generation facility approved on or after January 1, 2017, that demands less than 75 acre-feet of groundwater annually. (6) A groundwater extraction facility integral to a groundwater conjunctive use or storage program operating under an approved California Environmental Quality Act document. (c) A city or county overlying a basin designated as a low- or very low priority basin may adopt an ordinance establishing a process for the issuance of groundwater extraction permits for the development of a groundwater extraction facility in accordance with this section. (d) A groundwater extraction facility in a high- or medium-priority basin shall not be developed without a valid groundwater extraction permit issued pursuant to this section. 65891.3. (a) A city or county shall review an application for a groundwater extraction facility pursuant to the timelines established in the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)). (b) A fee charged by a city or county to review an application for a groundwater extraction facility shall be determined in accordance with Sections 66014 and 66016. 65891.4. This article does not require a city or county to establish a new process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility if the city or county has in effect an ordinance adopted before January 1, 2018, that imposes conditions on the development of a new groundwater extraction facility in order to prevent the new groundwater extraction facility from contributing to or creating an undesirable result. 65891.5. This article does not require a city or county overlying a medium- or high-priority basin to have a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility on or after January 31, 2022, or once the department has evaluated a groundwater sustainability plan for the basin the city or county overlies and determined the plan to be adequate and likely to achieve the sustainability goal for the basin, whichever comes first. 65891.6. (a) This article does not apply to a basin for which a court or the State Water Resources Control Board has adjudicated the rights to extract groundwater. (b) This article does not apply within the statutory boundaries of to a basin, or any portion of a basin, managed by a special act water district. district identified in paragraph (1) of subdivision (c) of Section 10723 of the Water Code. (c) The Legislature finds and declares that the County of Napa’s groundwater conservation ordinance, Napa County Code Chapter 13.15, in conjunction with its water availability analysis policy adopted in May 2015, satisfies the purposes of the requirement in Section 65891.4. Accordingly, this article does not apply to a basin managed by the County of Napa if both the county’s groundwater conservation ordinance and its water availability analysis policy remain in effect in substantially the same form as they existed on January 1, 2016. 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.

The California Constitution requires the reasonable and beneficial use of water and that the conservation of the water resources of the state is to be exercised with a view to the reasonable and beneficial use of the water in the interest of the people and for the public welfare. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources and designated as 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. This bill, by January 1, 2018, would require a city or county overlying a basin designated as a high- or medium-priority basin to establish a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility that requires an applicant for a groundwater extraction permit to demonstrate, based on substantial evidence, that extraction of groundwater from a proposed groundwater extraction facility will not contribute to or create an undesirable result, as prescribed. The bill would prohibit a groundwater extraction facility in a high- or medium-priority basin from being developed without a valid groundwater extraction permit, with certain exceptions. The bill would not require a city or county overlying a medium- or high-priority basin to have a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility on or after January 31, 2022, or once the department has evaluated a groundwater sustainability plan for the basin the city or county overlies and determined the plan to be adequate and likely to achieve the sustainability goal for the basin, whichever comes first. By increasing the duties of cities and counties, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Article 2.10 (commencing with Section 65891) is added to Chapter 4 of Division 1 of Title 7 of the Government Code, to read: Article 2.10. Aquifer Protection 65891. The Legislature finds and declares as follows: (a) Groundwater provides substantial water supplies for many farms and communities across the state, particularly in drier years. While in some parts of the state groundwater is very well managed, in other parts there has been substantial groundwater overdraft. (b) During California’s record drought, there has been a substantial increase in the extraction of groundwater resulting in impacts to aquifers. (c) In 2014, California adopted landmark legislation, the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), to sustainably manage groundwater resources. The act will not be fully implemented for many years, allowing groundwater overdraft to continue in some regions. (d) Despite the drought, there has been a substantial and dramatic increase in conversion of existing pastureland and nonirrigated lands to new permanent crops irrigated by new deep groundwater wells. In many parts of the central valley, these new orchards and groundwater wells have caused or contributed to existing groundwater wells drying up. These new groundwater wells exacerbate overdraft in some regions of the state and have harmed and will continue to harm groundwater supplies for existing farms and rural communities and the long-term viability of aquifers. (e) A number of new developments also rely on individual new wells, further stressing overdrafted groundwater basins. (f) The number of new wells supplying significant new demands for groundwater has resulted in alarming subsidence in many areas of California. Subsidence threatens statewide resources and infrastructure such as roads, highways, and aqueducts. Importantly, subsidence may also cause permanent damage to aquifers, threatening groundwater resources for future generations. (g) The lack of protection for aquifers, existing groundwater users, and important infrastructure from the explosive increase in new wells is an issue of statewide importance and requires statewide regulation to avoid undesirable results to groundwater and statewide resources while local communities are working to comply with the provisions of the Sustainable Groundwater Management Act. Preventing undesirable results in a high- or medium-priority basin pursuant to this article and in furtherance of Section 113 of the Water Code is a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act applies to charter cities. (h) This act is in furtherance of the policy contained in Section 2 of Article X of the California Constitution. 65891.1. As used in this article: (a) “Basin” has the meaning provided in Section 10721 of the Water Code. (b) “Board” means the State Water Resources Control Board. (c) “Bulletin 118” has the meaning provided in Section 10721 of the Water Code. (d) “De minimis extractor” has the meaning provided in Section 10721 of the Water Code. (e) “Department” means the Department of Water Resources. (f) “Disadvantaged unincorporated community” has the meaning provided in Section 56033.5. (g) “Groundwater” has the meaning provided in Section 10721 of the Water Code. (h) “Groundwater extraction facility” has the meaning provided in Section 10721 of the Water Code. (i) “Groundwater sustainability plan” has the meaning provided in Section 10721 of the Water Code. (j) “High-priority basin,” “medium-priority basin,” “low-priority basin,” and “very low priority basin” have the same meaning as the categorization of a basin by the department pursuant to Section 10722.4 of the Water Code. (k) “Primary drinking water standards” has the meaning provided in Section 116275 of the Health and Safety Code. (l) “Probationary basin” has the meaning provided in Section 10735 of the Water Code. (m) “Special act water district” means an agency created by statute to manage groundwater that is the exclusive local agency within its statutory boundaries with powers to comply with Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code as described in paragraph (1) of subdivision (c) of Section 10723 of the Water Code. (n) “Undesirable result” has the meaning provided in Section 10721 of the Water Code. 65891.2. (a) A city or county overlying a basin designated as a high- or medium-priority basin shall do both of the following: (1) By January 1, 2018, establish a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility that requires an applicant for a groundwater extraction permit to demonstrate, based on substantial evidence, that extraction of groundwater from a proposed groundwater extraction facility will not contribute to or create an undesirable result. (2) Prohibit the issuance of a groundwater extraction permit for a new groundwater extraction facility in either of the following: (A) A probationary basin, except if the board determines that part of a probationary basin is being adequately managed, in which case the prohibition on the issuance of a groundwater extraction permit for a new groundwater extraction facility shall apply only to those portions of the probationary basin not adequately managed as determined by the board. (B) A basin designated in Bulletin 118 as a basin subject to critical conditions of overdraft. (b) A groundwater extraction permit for the development of a groundwater extraction facility shall not be required for any of the following: (1) A de minimis extractor. (2) The replacement of an existing groundwater extraction facility with a new groundwater extraction facility with the same or a lessor extraction capacity. For the purposes of this article, replacement includes the deepening of a groundwater extraction facility. (3) A groundwater extraction facility constructed to provide drinking water to a water system for the purposes of public health. (4) A groundwater extraction facility necessary for habitat or wetlands conservation. (5) A groundwater extraction facility necessary for a renewable energy project such as utility scale solar. for a photovoltaic or wind energy generation facility approved on or after January 1, 2017, that demands less than 75 acre-feet of groundwater annually. (6) A groundwater extraction facility integral to a groundwater conjunctive use or storage program operating under an approved California Environmental Quality Act document. (c) A city or county overlying a basin designated as a low- or very low priority basin may adopt an ordinance establishing a process for the issuance of groundwater extraction permits for the development of a groundwater extraction facility in accordance with this section. (d) A groundwater extraction facility in a high- or medium-priority basin shall not be developed without a valid groundwater extraction permit issued pursuant to this section. 65891.3. (a) A city or county shall review an application for a groundwater extraction facility pursuant to the timelines established in the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)). (b) A fee charged by a city or county to review an application for a groundwater extraction facility shall be determined in accordance with Sections 66014 and 66016. 65891.4. This article does not require a city or county to establish a new process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility if the city or county has in effect an ordinance adopted before January 1, 2018, that imposes conditions on the development of a new groundwater extraction facility in order to prevent the new groundwater extraction facility from contributing to or creating an undesirable result. 65891.5. This article does not require a city or county overlying a medium- or high-priority basin to have a process for the issuance of a groundwater extraction permit for the development of a groundwater extraction facility on or after January 31, 2022, or once the department has evaluated a groundwater sustainability plan for the basin the city or county overlies and determined the plan to be adequate and likely to achieve the sustainability goal for the basin, whichever comes first. 65891.6. (a) This article does not apply to a basin for which a court or the State Water Resources Control Board has adjudicated the rights to extract groundwater. (b) This article does not apply within the statutory boundaries of to a basin, or any portion of a basin, managed by a special act water district. district identified in paragraph (1) of subdivision (c) of Section 10723 of the Water Code. (c) The Legislature finds and declares that the County of Napa’s groundwater conservation ordinance, Napa County Code Chapter 13.15, in conjunction with its water availability analysis policy adopted in May 2015, satisfies the purposes of the requirement in Section 65891.4. Accordingly, this article does not apply to a basin managed by the County of Napa if both the county’s groundwater conservation ordinance and its water availability analysis policy remain in effect in substantially the same form as they existed on January 1, 2016. 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. ### Summary: This bill would add Article 2.10 (commencing with Section 65891) to Chapter 4 of Division 1 of Title

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 next 10 years, the state faces a $59 billion shortfall to adequately maintain the state highway system in a basic state of good repair. (b) The 21st Annual Highway Report by the Reason Foundation, published in September 2014, found the following: (1) California has 50,462 lane miles of highways under the administration of the Department of Transportation (Caltrans). (2) Overall, California spent $501,136 per state mile of highway, more than three times the national average, yet California’s state highway system ranks 45th in overall performance and cost effectiveness. (3) California spent $102,889 per state mile of highway specifically on maintenance, nearly four times the national average. (4) California spent $48,754 per state mile of highway specifically on administration, more than four times the national average. (c) The Legislative Analyst’s Office recommended, in the Capital Outlay Support Program Review report issued in May 2014, that Caltrans should be held accountable for the delivery of State Highway Operation and Protection Program (SHOPP) projects by requiring the California Transportation Commission, acting in an independent oversight role, to review and approve individual SHOPP projects, allocate Capital Outlay Support Program funds for SHOPP, and report on Caltrans’ project delivery performance and Caltrans should also be required to provide necessary project information for SHOPP projects to the California Transportation Commission. SEC. 2. Section 13975 of the Government Code is amended to read: 13975. There is in the state government the Transportation Agency. The agency consists of the Department of the California Highway Patrol, the California Transportation Commission, the Department of Motor Vehicles, the Department of Transportation, the High-Speed Rail Authority, and the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun. SEC. 3. Section 14500 of the Government Code is amended to read: 14500. There is in the Transportation Agency state government a California Transportation Commission. The commission shall act in an independent oversight role. SEC. 4. Section 14526.5 of the Government Code is amended to read: 14526.5. (a) Based on the asset management plan prepared and approved pursuant to Section 14526.4, the department shall prepare prepare, for review by the commission, a state highway operation and protection program for the expenditure of transportation funds for major capital improvements that are necessary to preserve and protect the state highway system. Projects included in the program shall be limited to capital improvements relative to maintenance, safety, and rehabilitation of state highways and bridges that do not add a new traffic lane to the system. As part of the programming process, the department shall program capital outlay support resources for each project in the program. (b) The program shall include projects that are expected to be advertised prior to July 1 of the year following submission of the program, but which have not yet been funded. The program shall include those projects for which construction is to begin within four fiscal years, starting July 1 of the year following the year the program is submitted. (c) The department, at a minimum, shall specify, for each project in the state highway operation and protection program, the capital and support budget, as well as a projected delivery date, for each of the following project components: (1) Completion of project approval and environmental documents. (2) Preparation of plans, specifications, and estimates. (3) Acquisition of rights-of-way, including, but not limited to, support activities. (4) Start of construction. (d) The program department shall be submitted submit its proposed program to the commission not later than January 31 of each even-numbered year. Prior to submitting the plan, the its proposed program, the department shall make a draft of its proposed program available to transportation planning agencies for review and comment and shall include the comments in its submittal to the commission. The department shall provide the commission with detailed information for all programmed projects, including, but not limited to, cost, scope, and schedule. (e) The commission may shall review the proposed program relative to its overall adequacy, consistency with the asset management plan prepared and approved pursuant to Section 14526.4 and funding priorities established in Section 167 of the Streets and Highways Code, the level of annual funding needed to implement the program, and the impact of those expenditures on the state transportation improvement program. The commission shall adopt the program and submit it to the Legislature and the Governor not later than April 1 of each even-numbered year. The commission may decline to adopt the program if the commission determines that the program is not sufficiently consistent with the asset management plan prepared and approved pursuant to Section 14526.4. is not required to approve the program in its entirety, as submitted by the department, and may approve or reject individual projects programmed by the department. The commission shall adopt a program of approved projects and submit it to the Legislature and the Governor not later than April 1 of each even-numbered year. (f) Expenditures for these projects shall not be subject to Sections 188 and 188.8 of the Streets and Highways Code. (g) Following adoption of the state highway operation and protection program by the commission, any change in a programmed project’s cost, scope, or schedule shall be submitted by the department to the commission for its approval before the changes may be implemented. SEC. 5. Section 14534.1 of the Government Code is repealed. 14534.1. Notwithstanding Section 12850.6 or subdivision (b) of Section 12800, as added to this code by the Governor’s Reorganization Plan No. 2 of 2012 during the 2011–12 Regular Session, the commission shall retain independent authority to perform those duties and functions prescribed to it under any provision of law.

(1) Existing law establishes in state government the Transportation Agency, which includes various departments and state entities, including the California Transportation Commission. Existing law vests the California Transportation Commission with specified powers, duties, and functions relative to transportation matters. Existing law requires the commission to retain independent authority to perform the duties and functions prescribed to it under any provision of law. This bill would exclude the California Transportation Commission from the Transportation Agency, establish it as an entity in state government, and require it to act in an independent oversight role. The bill would also make conforming changes. (2) Existing law requires the Department of Transportation to prepare a state highway operation and protection program every other year for the expenditure of transportation capital improvement funds for projects that are necessary to preserve and protect the state highway system, excluding projects that add new traffic lanes. The program is required to be based on an asset management plan, as specified. Existing law requires the department to specify, for each project in the program, the capital and support budget and projected delivery date for various components of the project. Existing law provides for the California Transportation Commission to review and adopt the program, and authorizes the commission to decline to adopt the program if it determines that the program is not sufficiently consistent with the asset management plan. This bill would additionally require the department to program capital outlay support resources for each project in the program. The bill would provide that the commission is not required to approve the program in its entirety, as submitted by the department, and may approve or reject individual projects programmed by the department. The bill would require the department to submit any change in a programmed project’s cost, scope, or schedule to the commission for its approval.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Over the next 10 years, the state faces a $59 billion shortfall to adequately maintain the state highway system in a basic state of good repair. (b) The 21st Annual Highway Report by the Reason Foundation, published in September 2014, found the following: (1) California has 50,462 lane miles of highways under the administration of the Department of Transportation (Caltrans). (2) Overall, California spent $501,136 per state mile of highway, more than three times the national average, yet California’s state highway system ranks 45th in overall performance and cost effectiveness. (3) California spent $102,889 per state mile of highway specifically on maintenance, nearly four times the national average. (4) California spent $48,754 per state mile of highway specifically on administration, more than four times the national average. (c) The Legislative Analyst’s Office recommended, in the Capital Outlay Support Program Review report issued in May 2014, that Caltrans should be held accountable for the delivery of State Highway Operation and Protection Program (SHOPP) projects by requiring the California Transportation Commission, acting in an independent oversight role, to review and approve individual SHOPP projects, allocate Capital Outlay Support Program funds for SHOPP, and report on Caltrans’ project delivery performance and Caltrans should also be required to provide necessary project information for SHOPP projects to the California Transportation Commission. SEC. 2. Section 13975 of the Government Code is amended to read: 13975. There is in the state government the Transportation Agency. The agency consists of the Department of the California Highway Patrol, the California Transportation Commission, the Department of Motor Vehicles, the Department of Transportation, the High-Speed Rail Authority, and the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun. SEC. 3. Section 14500 of the Government Code is amended to read: 14500. There is in the Transportation Agency state government a California Transportation Commission. The commission shall act in an independent oversight role. SEC. 4. Section 14526.5 of the Government Code is amended to read: 14526.5. (a) Based on the asset management plan prepared and approved pursuant to Section 14526.4, the department shall prepare prepare, for review by the commission, a state highway operation and protection program for the expenditure of transportation funds for major capital improvements that are necessary to preserve and protect the state highway system. Projects included in the program shall be limited to capital improvements relative to maintenance, safety, and rehabilitation of state highways and bridges that do not add a new traffic lane to the system. As part of the programming process, the department shall program capital outlay support resources for each project in the program. (b) The program shall include projects that are expected to be advertised prior to July 1 of the year following submission of the program, but which have not yet been funded. The program shall include those projects for which construction is to begin within four fiscal years, starting July 1 of the year following the year the program is submitted. (c) The department, at a minimum, shall specify, for each project in the state highway operation and protection program, the capital and support budget, as well as a projected delivery date, for each of the following project components: (1) Completion of project approval and environmental documents. (2) Preparation of plans, specifications, and estimates. (3) Acquisition of rights-of-way, including, but not limited to, support activities. (4) Start of construction. (d) The program department shall be submitted submit its proposed program to the commission not later than January 31 of each even-numbered year. Prior to submitting the plan, the its proposed program, the department shall make a draft of its proposed program available to transportation planning agencies for review and comment and shall include the comments in its submittal to the commission. The department shall provide the commission with detailed information for all programmed projects, including, but not limited to, cost, scope, and schedule. (e) The commission may shall review the proposed program relative to its overall adequacy, consistency with the asset management plan prepared and approved pursuant to Section 14526.4 and funding priorities established in Section 167 of the Streets and Highways Code, the level of annual funding needed to implement the program, and the impact of those expenditures on the state transportation improvement program. The commission shall adopt the program and submit it to the Legislature and the Governor not later than April 1 of each even-numbered year. The commission may decline to adopt the program if the commission determines that the program is not sufficiently consistent with the asset management plan prepared and approved pursuant to Section 14526.4. is not required to approve the program in its entirety, as submitted by the department, and may approve or reject individual projects programmed by the department. The commission shall adopt a program of approved projects and submit it to the Legislature and the Governor not later than April 1 of each even-numbered year. (f) Expenditures for these projects shall not be subject to Sections 188 and 188.8 of the Streets and Highways Code. (g) Following adoption of the state highway operation and protection program by the commission, any change in a programmed project’s cost, scope, or schedule shall be submitted by the department to the commission for its approval before the changes may be implemented. SEC. 5. Section 14534.1 of the Government Code is repealed. 14534.1. Notwithstanding Section 12850.6 or subdivision (b) of Section 12800, as added to this code by the Governor’s Reorganization Plan No. 2 of 2012 during the 2011–12 Regular Session, the commission shall retain independent authority to perform those duties and functions prescribed to it under any provision of law. ### Summary: This bill repeals the Transportation Agency and consolidates the Department of Motor Vehicles, the Department of Transportation, the California Highway Patrol, the High-Speed Rail Authority

The people of the State of California do enact as follows: SECTION 1. Section 13957.9 of the Government Code is amended to read: 13957.9. (a) In addition to the authorization provided in Section 13957 and subject to the limitations set forth in Section 13957.2, the board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, reimbursement of the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by violence peer counseling services provided by a service organization for victims of violent crime, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions: (1) The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000): (A) A victim. (B) A derivative victim who is the surviving parent, sibling, child, spouse, fiancé, or fiancée of a victim of a crime that directly resulted in the death of the victim. (C) A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims. (2) The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000): (A) A derivative victim not eligible for reimbursement pursuant to paragraph (1), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim. (B) A victim of a crime of unlawful sexual intercourse with a minor committed in violation of subdivision (d) of Section 261.5 of the Penal Code. A derivative victim of a crime committed in violation of subdivision (d) of Section 261.5 of the Penal Code shall not be eligible for reimbursement of mental health counseling expenses. (C) A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime. (3) The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by paragraph (1) or (2) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board. (4) Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals: (A) A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002. (B) A person who is licensed by the state to provide those services, or who is properly supervised by a person who is so licensed, subject to the board’s approval and subject to the limitations and restrictions the board may impose. (b) The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this amount may be increased to seventy thousand dollars ($70,000) if federal funds for that increase are available. (c) For the purposes of this section, the following definitions shall apply: (1) “Service organization for victims of violent crime” means a nonprofit and charitable organization that meets both of the following criteria: (A) Its primary mission is to provide services to victims of violent crime. (B) It provides programs or services to victims of violent crime and their families, and other programs, whether or not a similar program exists in an agency that provides additional services. (2) “Violence peer counseling services” means counseling by a violence peer counselor for the purpose of rendering advice or assistance for victims of violent crime and their families. Any violence peer counseling services that fall under the scope of practice of the Licensed Marriage and Family Therapist Act (Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code), the Educational Psychologist Practice Act (Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code), the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code), and the Licensed Professional Clinical Counselor Act (Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code), which are not performed in an exempt setting as defined in Sections 4980.01, 4996.14, and 4999.22 of the Business and Professions Code, shall only be performed by a licensee or a registrant of the Board of Behavioral Sciences or other appropriately licensed professional, such as a licensed psychologist or board certified psychiatrist. (3) “Violence peer counselor” means a provider of supportive and nonpsychotherapeutic peer counseling services who is employed by a service organization for victims of violent crime, whether financially compensated or not, and who meets all of the following requirements: (A) Possesses at least six months of full-time equivalent experience in providing peer support services acquired through employment, volunteer work, or as part of an internship experience. (B) Completed a training program aimed at preparing an individual who was once a mental health services consumer to use his or her life experience with mental health treatment, combined with other strengths and skills, to promote the mental health recovery of other mental health services consumers who are in need of peer-based services relating to recovery as a victim of a violent crime. (C) Possesses 40 hours of training on all of the following: (i) The profound neurological, biological, psychological, and social effects of trauma and violence. (ii) Peace-building and violence prevention strategies, including, but not limited to, conflict mediation and retaliation prevention related to gangs and gang-related violence. (iii) Post-traumatic stress disorder and vicarious trauma, especially as related to gangs and gang-related violence. (iv) Case management practices, including, but not limited to, ethics and victim compensation advocacy. (D) When providing violence peer counseling services, is supervised by a marriage and family therapist licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code, a licensed educational psychologist licensed pursuant to Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code, a clinical social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, or a licensed professional clinical counselor licensed pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code. For the purposes of this subparagraph, a licensed marriage and family therapist, licensed educational psychologist, licensed clinical social worker, or licensed professional clinical counselor shall be employed by the same service organization as the violence peer counselor. (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. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Existing law generally provides for the reimbursement of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law, until January 1, 2017, authorizes the board to grant from the fund for pecuniary losses, when the board determines it will best aid the person seeking compensation, reimbursement for outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, as specified. Existing law sets forth eligibility requirements and limits on the amount of compensation the board may award, and requires the application for compensation to be verified under penalty of perjury. This bill would extend the board’s authority to grant reimbursement for those outpatient psychiatric, psychological, or other mental health counseling-related expenses until January 1, 2019. By expanding the authorization for the use of moneys in the Restitution Fund, a continuously appropriated fund, this bill would make an appropriation. Because an application for reimbursement is required to be submitted under penalty of perjury, this bill would expand the definition of a crime and thus impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 13957.9 of the Government Code is amended to read: 13957.9. (a) In addition to the authorization provided in Section 13957 and subject to the limitations set forth in Section 13957.2, the board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, reimbursement of the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by violence peer counseling services provided by a service organization for victims of violent crime, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions: (1) The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000): (A) A victim. (B) A derivative victim who is the surviving parent, sibling, child, spouse, fiancé, or fiancée of a victim of a crime that directly resulted in the death of the victim. (C) A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims. (2) The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000): (A) A derivative victim not eligible for reimbursement pursuant to paragraph (1), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim. (B) A victim of a crime of unlawful sexual intercourse with a minor committed in violation of subdivision (d) of Section 261.5 of the Penal Code. A derivative victim of a crime committed in violation of subdivision (d) of Section 261.5 of the Penal Code shall not be eligible for reimbursement of mental health counseling expenses. (C) A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime. (3) The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by paragraph (1) or (2) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board. (4) Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals: (A) A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002. (B) A person who is licensed by the state to provide those services, or who is properly supervised by a person who is so licensed, subject to the board’s approval and subject to the limitations and restrictions the board may impose. (b) The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this amount may be increased to seventy thousand dollars ($70,000) if federal funds for that increase are available. (c) For the purposes of this section, the following definitions shall apply: (1) “Service organization for victims of violent crime” means a nonprofit and charitable organization that meets both of the following criteria: (A) Its primary mission is to provide services to victims of violent crime. (B) It provides programs or services to victims of violent crime and their families, and other programs, whether or not a similar program exists in an agency that provides additional services. (2) “Violence peer counseling services” means counseling by a violence peer counselor for the purpose of rendering advice or assistance for victims of violent crime and their families. Any violence peer counseling services that fall under the scope of practice of the Licensed Marriage and Family Therapist Act (Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code), the Educational Psychologist Practice Act (Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code), the Clinical Social Worker Practice Act (Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code), and the Licensed Professional Clinical Counselor Act (Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code), which are not performed in an exempt setting as defined in Sections 4980.01, 4996.14, and 4999.22 of the Business and Professions Code, shall only be performed by a licensee or a registrant of the Board of Behavioral Sciences or other appropriately licensed professional, such as a licensed psychologist or board certified psychiatrist. (3) “Violence peer counselor” means a provider of supportive and nonpsychotherapeutic peer counseling services who is employed by a service organization for victims of violent crime, whether financially compensated or not, and who meets all of the following requirements: (A) Possesses at least six months of full-time equivalent experience in providing peer support services acquired through employment, volunteer work, or as part of an internship experience. (B) Completed a training program aimed at preparing an individual who was once a mental health services consumer to use his or her life experience with mental health treatment, combined with other strengths and skills, to promote the mental health recovery of other mental health services consumers who are in need of peer-based services relating to recovery as a victim of a violent crime. (C) Possesses 40 hours of training on all of the following: (i) The profound neurological, biological, psychological, and social effects of trauma and violence. (ii) Peace-building and violence prevention strategies, including, but not limited to, conflict mediation and retaliation prevention related to gangs and gang-related violence. (iii) Post-traumatic stress disorder and vicarious trauma, especially as related to gangs and gang-related violence. (iv) Case management practices, including, but not limited to, ethics and victim compensation advocacy. (D) When providing violence peer counseling services, is supervised by a marriage and family therapist licensed pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code, a licensed educational psychologist licensed pursuant to Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code, a clinical social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, or a licensed professional clinical counselor licensed pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code. For the purposes of this subparagraph, a licensed marriage and family therapist, licensed educational psychologist, licensed clinical social worker, or licensed professional clinical counselor shall be employed by the same service organization as the violence peer counselor. (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. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 25247 of the Health and Safety Code is amended to read: 25247. (a) The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations. (b) The department shall not approve the plan until at least one of the following occurs: (1) The plan has been approved pursuant to Section 13227 of the Water Code. (2) Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department. (3) The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment. (c) Any action taken by the department pursuant to this section is subject to Section 25204.5. (d) (1) To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit. (A) A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (B) Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action. (C) For the purposes of subparagraph (B), a “significant modification” is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification. (2) This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety. (3) If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, pay the same fee specified in subparagraph (F) of paragraph (1) of subdivision (d) of Section 25205.7, or enter into a cost reimbursement agreement pursuant to subdivision (a) of Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement. (4) In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions: (A) File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement. (B) Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment. (C) Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement. (e) Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d). (f) On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d). (g) If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the department’s regulations for the issuance of postclosure permits. (h) Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment. SEC. 1.5. Section 25247 of the Health and Safety Code is amended to read: 25247. (a) The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations. (b) The department shall not approve the plan until at least one of the following occurs: (1) The plan has been approved pursuant to Section 13227 of the Water Code. (2) Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department. (3) The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment. (c) Any action taken by the department pursuant to this section is subject to Section 25204.5. (d) (1) To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit. (A) A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (B) Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action. (C) For the purposes of subparagraph (B), a “significant modification” is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification. (2) This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety. (3) If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, enter into a cost reimbursement agreement pursuant to Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement. (4) In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions: (A) File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement. (B) Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment. (C) Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement. (e) Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d). (f) On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d). (g) If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the department’s regulations for the issuance of postclosure permits. (h) Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment. SEC. 2. Section 1.5 of this bill incorporates amendments to Section 25247 of the Health and Safety Code proposed by this bill, Assembly Bill 1611, and Senate Bill 839. It shall only become operative if (1) this bill and Assembly Bill 1611 or Senate Bill 839, or both of those bills, are enacted and become effective on or before January 1, 2017, (2) Assembly Bill 1611, Senate Bill 839, or both, as enacted, amend Section 25247 of the Health and Safety Code, and (3) this bill is enacted last of these bills that amend Section 25247 of the Health and Safety Code, in which case Section 25247 of the Health and Safety Code, as amended by Assembly Bill 1611 or Senate Bill 839, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative.

Existing law requires the owner or operator of a hazardous waste facility to submit hazardous waste facility closure and postclosure plans to the Department of Toxic Substances Control and to the California regional water quality control board for the region in which the facility is located. Existing law requires the department to review those plans and to approve a plan if it finds that the plan complies with the regulations adopted by the department and all other applicable state and federal regulations. Existing law requires the department to impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of a postclosure permit, or, only until January 1, 2009, through an enforcement order or an enforceable agreement, except as specified. This bill would restore the authority of the department to impose those requirements through an enforcement order or an enforceable agreement and would require the department, on or before January 1, 2018, to adopt regulations to impose postclosure plan requirements. This bill would incorporate additional changes to Section 25247 of the Health and Safety Code proposed by AB 1611 and SB 839 that would become operative if this bill and one or both of those bills are enacted and this bill is chaptered last.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 25247 of the Health and Safety Code is amended to read: 25247. (a) The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations. (b) The department shall not approve the plan until at least one of the following occurs: (1) The plan has been approved pursuant to Section 13227 of the Water Code. (2) Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department. (3) The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment. (c) Any action taken by the department pursuant to this section is subject to Section 25204.5. (d) (1) To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit. (A) A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (B) Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action. (C) For the purposes of subparagraph (B), a “significant modification” is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification. (2) This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety. (3) If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, pay the same fee specified in subparagraph (F) of paragraph (1) of subdivision (d) of Section 25205.7, or enter into a cost reimbursement agreement pursuant to subdivision (a) of Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement. (4) In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions: (A) File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement. (B) Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment. (C) Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement. (e) Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d). (f) On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d). (g) If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the department’s regulations for the issuance of postclosure permits. (h) Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment. SEC. 1.5. Section 25247 of the Health and Safety Code is amended to read: 25247. (a) The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations. (b) The department shall not approve the plan until at least one of the following occurs: (1) The plan has been approved pursuant to Section 13227 of the Water Code. (2) Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department. (3) The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment. (c) Any action taken by the department pursuant to this section is subject to Section 25204.5. (d) (1) To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit. (A) A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (B) Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action. (C) For the purposes of subparagraph (B), a “significant modification” is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification. (2) This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety. (3) If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, enter into a cost reimbursement agreement pursuant to Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement. (4) In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions: (A) File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement. (B) Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment. (C) Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement. (e) Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d). (f) On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d). (g) If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the department’s regulations for the issuance of postclosure permits. (h) Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment. SEC. 2. Section 1.5 of this bill incorporates amendments to Section 25247 of the Health and Safety Code proposed by this bill, Assembly Bill 1611, and Senate Bill 839. It shall only become operative if (1) this bill and Assembly Bill 1611 or Senate Bill 839, or both of those bills, are enacted and become effective on or before January 1, 2017, (2) Assembly Bill 1611, Senate Bill 839, or both, as enacted, amend Section 25247 of the Health and Safety Code, and (3) this bill is enacted last of these bills that amend Section 25247 of the Health and Safety Code, in which case Section 25247 of the Health and Safety Code, as amended by Assembly Bill 1611 or Senate Bill 839, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the 2015 Realignment Legislation addressing justice reinvestment. SEC. 2. The Legislature finds and declares all of the following: (a) The Legislature is committed to reducing recidivism among criminal offenders, ensuring that local governments have adequate funding to achieve this goal, and facilitating the responsible implementation of the criminal justice policies contained in the 2011 Realignment Legislation addressing public safety. (b) California must continue to reinvest its criminal justice resources to support community-based corrections programs, evidence-based practices, and local correctional facilities in order to achieve improved public safety returns on this state’s substantial investment in its criminal justice system. (c) Realigning low-level felony offenders who do not have prior convictions for serious, violent, or sex offenses to locally run community-based corrections programs, which are strengthened through community-based punishment, evidence-based practices, improved supervision strategies, and enhanced secured capacity, has the potential to improve public safety outcomes for adult felons and facilitate their reintegration back into society. However, local governments have indicated that current resources provided by the state to achieve these goals are inadequate. This lack of resources has resulted in deficiencies in bed space, evidence-based programs, and treatment options. Community-based corrections programs require additional funding to meet the level of need and provide an appropriate level of service for offender populations shifted as a result of the 2011 Realignment Legislation addressing public safety. (d) By enacting the 2011 Realignment Legislation addressing public safety, the Legislature affirmed its commitment to justice reinvestment and stated that the purpose of justice reinvestment is to manage and allocate criminal justice populations more cost effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable. (e) In order to properly implement the 2011 Realignment Legislation addressing public safety, it is the intent of the Legislature to fully commit to justice reinvestment by using identified state savings generated by the 2011 Realignment Legislation addressing public safety and any other necessary funds to provide local governments with maximum flexibility and adequate funding to manage these new offenders in the manner that is in the best interest of public safety, most appropriate to each county, and consistent with principles of justice reinvestment. (f) The Department of Corrections and Rehabilitation published a document in April 2012 entitled “The Future of California Corrections,” sometimes referred to as the “Corrections Blueprint” or the “Blueprint,” detailing the department’s plan to implement the 2011 Realignment Legislation, address public safety, and save billions of dollars. The Department of Finance and the Department of Corrections and Rehabilitation published a report in January 2016 entitled “An Update to the Future of California Corrections,” which indicated that, after making certain specified adjustments, the Governor’s proposed budget for the Department of Corrections and Rehabilitation for the 2016–17 fiscal year is one billion three hundred million dollars ($1,300,000,000) less than the pre-Realignment, pre-Blueprint multiyear forecast for the Department of Corrections and Rehabilitation for the same fiscal year. Some or all of these savings, and any future savings, should be allocated to counties to mitigate the effects of the 2011 Realignment Legislation addressing public safety. SEC. 3. Chapter 6.4 (commencing with Section 30030) is added to Division 3 of Title 3 of the Government Code, to read: CHAPTER 6.4. Realignment Reinvestment Fund 30030. For purposes of this chapter, “realigned offenders” means offenders sentenced to a county jail or to mandatory supervision, or to both county jail and mandatory supervision, pursuant to subdivision (h) of Section 1170 of the Penal Code, offenders subject to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3 of the Penal Code, and any other offenders under county supervision whose supervision would have been the responsibility of the state if the 2011 Realignment Legislation addressing public safety had not been enacted. 30031. (a) (1) The Realignment Reinvestment Fund is hereby established in the State Treasury. Moneys in the fund are continuously appropriated and shall be used exclusively for the purposes of this chapter. (2) (A) Beginning in 2017, on or after July 1, and no later than August 31 of each year, the Director of Finance shall calculate both of the following: (i) The actual net savings to the state for the immediately preceding fiscal year resulting from the 2011 Realignment Legislation addressing public safety. (ii) An estimate of the net savings to the state for the current fiscal year resulting from the 2011 Realignment Legislation addressing public safety. (B) For the calculation pursuant to clauses (i) and (ii) of subparagraph (A), the Director of Finance shall, to the extent possible, use the same methodology used to determine that the proposed 2016–17 budget for the Department of Corrections and Rehabilitation is one billion three hundred million dollars ($1,300,000,000) less than the adjusted multiyear forecast for 2016–17, as reflected on page 30 of the report published by the Department of Finance and the Department of Corrections and Rehabilitation in January 2016, entitled “An Update to the Future of California Corrections.” The Director of Finance shall use the same adjustments used in the report when making savings calculations, including adjustments for employee compensation, retirement contributions, Proposition 98 funding, and the activation of the California Health Care facility. (3) For the 2016–17 fiscal year, the Controller shall transfer one billion three hundred million dollars ($1,300,000,000) from the General Fund to the Realignment Reinvestment Fund for allocation pursuant to paragraph (5). (4) Beginning with the 2017–18 fiscal year, and each fiscal year thereafter, the Controller shall transfer an amount equal to the difference between the amount identified in subparagraph (A) and the amount identified in subparagraph (B) from the General Fund to the Realignment Reinvestment Fund for allocation pursuant to paragraph (5). (A) The estimate of net savings for the current fiscal year calculated pursuant to clause (ii) of subparagraph (A) of paragraph (2). (B) An adjustment for the immediately preceding fiscal year that is the result of subtracting the amount calculated pursuant to clause (i) of subparagraph (A) of paragraph (2) for that fiscal year from the amount estimated pursuant to clause (ii) of subparagraph (A) of paragraph (2) for that fiscal year. (5) The Controller shall annually allocate moneys in the Realignment Reinvestment Fund, no later than September 1 of each year, to each county and city and county for deposit in the county’s or city and county’s Realignment Reinvestment Services Account proportionally based on the average daily population of realigned offenders under each county’s supervision for the immediately preceding fiscal year. The Controller shall consult with the Board of State and Community Corrections to determine the average daily population for each county. (b) There shall be established in each county or city and county treasury a Realignment Reinvestment Services Account to receive all amounts allocated to a county or city and county for purposes of implementing this chapter. (c) (1) Each county local Community Corrections Partnership established pursuant to subdivision (b) of Section 1230 of the Penal Code shall recommend a comprehensive, locally run supplemental community-based corrections plan to the county board of supervisors. The purpose of the plan shall be to improve the outcomes of the 2011 Realignment Legislation addressing public safety. The plan may include, but shall not be limited to, mental health programs, substance abuse programs, transitional housing programs, job placement programs, improved supervision strategies, community-based punishment programs, increased law enforcement staffing in cities and counties, county jail construction, maintenance, and operation, assessment and criminal prosecution of realigned offenders, and supervision or aftercare for offenders sentenced pursuant to subdivision (h) of Section 1170 of the Penal Code and offenders subject to postrelease community supervision pursuant to Section 3451 of the Penal Code. (A) The supplemental community-based corrections plan may include, but shall not be limited to, all of the following components: (i) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol, and other services that specifically target realigned offenders and their families. (ii) An identification and prioritization of the neighborhoods and other areas in the community that face a significant public safety risk from realigned offenders and associated crimes, including, but not limited to, gang activity, burglary, robbery, vandalism, controlled substances sales, firearm-related violence, and substance abuse. (iii) A local action strategy that provides for a continuum of responses to crime and demonstrates a collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for realigned offenders. (iv) A schedule of programs identified in clause (iii) that are proposed to be funded pursuant to this subparagraph, including the projected amount of funding for each program. (v) An accounting of the number of new crimes or violations committed by realigned offenders. (vi) An evaluation of existing services and any gaps that may exist in those services. (B) Programs proposed to be funded shall satisfy all of the following requirements: (i) Be based on evidence-based programs and approaches that have been demonstrated to be effective in reducing crime or programs that improve public safety through incapacitation, prosecution, or treatment of realigned offenders. (ii) Employ information sharing systems to ensure that county and city actions are fully coordinated and designed to provide data for measuring the success of programs and strategies. (C) The plan shall also identify the specific objectives of the programs proposed for funding and specified outcome measures to determine the effectiveness of the programs and contain an accounting for all program participants, including those who do not complete the programs. Outcome measures of the programs proposed to be funded shall include, but not be limited to, all of the following when that data is available and relevant to the program: (i) The rate of arrests per 100,000 population. (ii) The rate of successful completion of probation and postrelease community supervision. (iii) The rate of successful completion of restitution and court-ordered community service responsibilities. (iv) Arrest, incarceration, and probation violation rates of realigned offenders and other program participants. (v) Quantification of the annual per capita costs of the program. (D) To assess the effectiveness of programs funded pursuant to this paragraph using the program outcome criteria specified in subparagraph (C), the following periodic reports shall be submitted: (i) Each county or city and county shall report, beginning October 15, 2017, and annually each October 15 thereafter, to the county board of supervisors and the Board of State and Community Corrections, in a format specified by the board, on the programs funded pursuant to this chapter and program outcomes as specified in subparagraph (C). (ii) The Board of State and Community Corrections shall compile the local reports and, by March 15, 2018, and by March 15 of each year thereafter, make a report to the Governor and the Legislature on program expenditures within each county and city and county funded pursuant to this section and on the outcomes as specified in subparagraph (C). A report submitted pursuant to this clause shall be submitted in compliance with Section 9795 of the Government Code. (2) The supplemental community-based corrections plan shall be voted on by an executive committee of each county’s Community Corrections Partnership consisting of the chief probation officer of the county as chair, a chief of police, the sheriff, the district attorney, the public defender, the presiding judge of the superior court, or his or her designee, and one department representative listed in either subparagraph (G), (H), or (J) of paragraph (2) of subdivision (b) of Section 1230 of the Penal Code, as designated by the county board of supervisors for purposes related to the development and presentation of the plan. (3) If a supplemental community-based corrections plan has been previously approved by a county’s or city and county’s local Community Corrections Partnership, the plan shall be reviewed annually and modified as needed. (4) The supplemental community-based corrections plan or modified supplemental community-based corrections plan shall be deemed accepted by the county board of supervisors unless the board rejects the plan by a vote of four-fifths of the board, in which case the plan shall go back to the Community Corrections Partnership for further consideration. (5) The supplemental community-based corrections plan or modified supplemental community-based corrections plan shall be submitted to the Board of State and Community Corrections no later than October 15 of each year. (d) The Controller shall allocate funds to local jurisdictions for public safety in accordance with this section as described in subdivision (a). (e) Funds allocated pursuant to subdivision (c) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. A local agency that has not met the requirement of this subdivision shall remit the unspent moneys in the Realignment Reinvestment Services Account to the Controller for deposit in the Realignment Reinvestment Fund. (f) Beginning in 2017, and no later than May 1 of each year, the Director of Finance shall, in consultation with the Legislative Analyst, develop an estimate of the cost avoidances expected to be realized by the Department of Corrections and Rehabilitation in the current fiscal year that are a result of the 2011 Realignment Legislation addressing public safety and report those estimates to the chairpersons of the committees in each house of the Legislature that consider appropriations and to the Chairperson of the Joint Legislative Budget Committee. A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. The Legislature may consider each year whether to appropriate funds in augmentation of the moneys otherwise allocated pursuant to this chapter in an amount up to and including the amount of cost avoidances reported pursuant to this subdivision. 30032. (a) Moneys allocated from a Realignment Reinvestment Services Account to a recipient entity shall be expended exclusively for services included in the county’s or city and county’s supplemental community-based corrections plan. These moneys shall supplement existing services and shall not be used to supplant any existing funding for law enforcement services or programs or activities included in the supplemental community-based corrections plan provided by that entity. (b) In no event shall any moneys allocated from the county’s or city and county’s Realignment Reinvestment Services Account be expended by a recipient entity to fund any of the following: (1) Administrative overhead costs in excess of 1 percent of a recipient entity’s Realignment Reinvestment Services Account allocation for that fiscal year. (2) The costs of any capital project or construction project that does not directly support programs or activities included in the supplemental community-based corrections plan. (c) For purposes of this section, both of the following shall apply: (1) A “recipient entity” is that entity that actually incurs the expenditures of Realignment Reinvestment Services Account funds allocated pursuant to subdivision (c) of Section 30301. (2) Administrative overhead costs shall only be charged by the recipient entity, as defined in paragraph (1), up to 1 percent of its Realignment Reinvestment Services Account allocation. 30033. The moneys in the Realignment Reinvestment Services Account established pursuant to subdivision (b) of Section 30031 in each county or city and county shall be expended exclusively as required by this chapter. Moneys allocated from the account shall not be transferred to, or commingled with, the moneys in any other fund in the county or city and county treasury, except that moneys may be transferred from the account to the county’s or city and county’s general fund to the extent necessary to facilitate the appropriation and expenditure of those transferred moneys in the manner required by this chapter. 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. SECTION 1. Section 8585.05 of the Government Code is amended to read: 8585.05. Unless the context otherwise requires, for the purposes of this article, the following definitions shall apply: (a)“Agency” or “office” means the Office of Emergency Services. (b)“California Emergency Management Agency” means the Office of Emergency Services. (c)“Director” or “secretary” means the Director of Emergency Services.

(1) Existing law, the 2011 Realignment Legislation addressing public safety and related statutes, requires that certain specified felonies be punished by a term of imprisonment in a county jail for 16 months, or 2 or 3 years, and provides for postrelease community supervision by county officials for persons convicted of certain specified felonies upon release from prison or county jail. As part of the realignment of public safety services to local agencies, existing law establishes the Local Revenue Fund 2011 into which specified tax revenues are deposited and are continuously appropriated for the provision of public safety services, as defined. This bill, the 2015 Realignment Legislation addressing justice reinvestment, would establish the Realignment Reinvestment Fund in the State Treasury as a continuously appropriated fund. The bill would require the Director of Finance to annually calculate the net savings to the state for the prior fiscal year and an estimate of the net current fiscal year savings resulting from the 2011 Realignment Legislation addressing public safety, as specified. The bill would require the Controller to transfer $1,300,000,000 from the General Fund to the Realignment Reinvestment Fund for the 2016–17 fiscal year, thereby making an appropriation. The bill would, beginning in the 2017–18 fiscal year, and each fiscal year thereafter, require the Controller to transfer an amount equal to the estimate of net current fiscal year savings resulting from the 2011 Realignment Legislation addressing public safety, adjusted by the difference between the preceding year’s estimate and the calculated prior fiscal year net savings, thereby making an appropriation. The bill would require the Controller to annually allocate moneys in the Realignment Reinvestment Fund, no later than September 1 of each year, to each county for deposit in the county’s Realignment Reinvestment Services Account proportionally, based on the average daily population of realigned offenders under each county’s supervision for the preceding fiscal year. The bill would require the Controller to consult with the Board of State and Community Corrections to determine the average daily population for each county. The bill would require a Realignment Reinvestment Services Account to be established in each county treasury. The bill would require the moneys be used to implement a comprehensive, locally run, supplemental community-based corrections plan, as specified. The bill would require the supplemental community-based corrections plan to be developed by each county’s local Community Corrections Partnership and to be voted on by an executive committee of each county’s Community Corrections Partnership, as specified. The bill would deem the supplemental community-based corrections plan accepted by the county board of supervisors unless the board rejects the plan by a 4/5 vote. The bill would require each county or city and county to annually report to the county board of supervisors and the Board of State and Community Corrections on the programs funded pursuant to these provisions, as specified. By imposing additional duties on local officials, this bill would impose a state-mandated local program. The bill would require the Director of Finance, in consultation with the Legislative Analyst, to develop a yearly estimate of the cost avoidances expected to be realized by the Department of Corrections and Rehabilitation that are a result of the 2011 Realignment Legislation and would require the director to report those estimates to the Legislature, as provided. The bill would require that moneys allocated from a Realignment Reinvestment Services Account be expended exclusively for purposes of the bill’s provisions. The bill would require that funds received pursuant to its provisions be expended or encumbered no later than June 30 the following year and would require unspent moneys to be remitted for deposit in the Realignment Reinvestment Fund. (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. The California Emergency Services Act, among other things, establishes the Office of Emergency Services within the office of the Governor, under the charge of a Director of Emergency Services appointed by the Governor. The act and other existing law set forth the duties and authority of the office and the director with respect to specified emergency preparedness, mitigation, and response activities within the state. This bill would make nonsubstantive changes to the act.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the 2015 Realignment Legislation addressing justice reinvestment. SEC. 2. The Legislature finds and declares all of the following: (a) The Legislature is committed to reducing recidivism among criminal offenders, ensuring that local governments have adequate funding to achieve this goal, and facilitating the responsible implementation of the criminal justice policies contained in the 2011 Realignment Legislation addressing public safety. (b) California must continue to reinvest its criminal justice resources to support community-based corrections programs, evidence-based practices, and local correctional facilities in order to achieve improved public safety returns on this state’s substantial investment in its criminal justice system. (c) Realigning low-level felony offenders who do not have prior convictions for serious, violent, or sex offenses to locally run community-based corrections programs, which are strengthened through community-based punishment, evidence-based practices, improved supervision strategies, and enhanced secured capacity, has the potential to improve public safety outcomes for adult felons and facilitate their reintegration back into society. However, local governments have indicated that current resources provided by the state to achieve these goals are inadequate. This lack of resources has resulted in deficiencies in bed space, evidence-based programs, and treatment options. Community-based corrections programs require additional funding to meet the level of need and provide an appropriate level of service for offender populations shifted as a result of the 2011 Realignment Legislation addressing public safety. (d) By enacting the 2011 Realignment Legislation addressing public safety, the Legislature affirmed its commitment to justice reinvestment and stated that the purpose of justice reinvestment is to manage and allocate criminal justice populations more cost effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable. (e) In order to properly implement the 2011 Realignment Legislation addressing public safety, it is the intent of the Legislature to fully commit to justice reinvestment by using identified state savings generated by the 2011 Realignment Legislation addressing public safety and any other necessary funds to provide local governments with maximum flexibility and adequate funding to manage these new offenders in the manner that is in the best interest of public safety, most appropriate to each county, and consistent with principles of justice reinvestment. (f) The Department of Corrections and Rehabilitation published a document in April 2012 entitled “The Future of California Corrections,” sometimes referred to as the “Corrections Blueprint” or the “Blueprint,” detailing the department’s plan to implement the 2011 Realignment Legislation, address public safety, and save billions of dollars. The Department of Finance and the Department of Corrections and Rehabilitation published a report in January 2016 entitled “An Update to the Future of California Corrections,” which indicated that, after making certain specified adjustments, the Governor’s proposed budget for the Department of Corrections and Rehabilitation for the 2016–17 fiscal year is one billion three hundred million dollars ($1,300,000,000) less than the pre-Realignment, pre-Blueprint multiyear forecast for the Department of Corrections and Rehabilitation for the same fiscal year. Some or all of these savings, and any future savings, should be allocated to counties to mitigate the effects of the 2011 Realignment Legislation addressing public safety. SEC. 3. Chapter 6.4 (commencing with Section 30030) is added to Division 3 of Title 3 of the Government Code, to read: CHAPTER 6.4. Realignment Reinvestment Fund 30030. For purposes of this chapter, “realigned offenders” means offenders sentenced to a county jail or to mandatory supervision, or to both county jail and mandatory supervision, pursuant to subdivision (h) of Section 1170 of the Penal Code, offenders subject to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3 of the Penal Code, and any other offenders under county supervision whose supervision would have been the responsibility of the state if the 2011 Realignment Legislation addressing public safety had not been enacted. 30031. (a) (1) The Realignment Reinvestment Fund is hereby established in the State Treasury. Moneys in the fund are continuously appropriated and shall be used exclusively for the purposes of this chapter. (2) (A) Beginning in 2017, on or after July 1, and no later than August 31 of each year, the Director of Finance shall calculate both of the following: (i) The actual net savings to the state for the immediately preceding fiscal year resulting from the 2011 Realignment Legislation addressing public safety. (ii) An estimate of the net savings to the state for the current fiscal year resulting from the 2011 Realignment Legislation addressing public safety. (B) For the calculation pursuant to clauses (i) and (ii) of subparagraph (A), the Director of Finance shall, to the extent possible, use the same methodology used to determine that the proposed 2016–17 budget for the Department of Corrections and Rehabilitation is one billion three hundred million dollars ($1,300,000,000) less than the adjusted multiyear forecast for 2016–17, as reflected on page 30 of the report published by the Department of Finance and the Department of Corrections and Rehabilitation in January 2016, entitled “An Update to the Future of California Corrections.” The Director of Finance shall use the same adjustments used in the report when making savings calculations, including adjustments for employee compensation, retirement contributions, Proposition 98 funding, and the activation of the California Health Care facility. (3) For the 2016–17 fiscal year, the Controller shall transfer one billion three hundred million dollars ($1,300,000,000) from the General Fund to the Realignment Reinvestment Fund for allocation pursuant to paragraph (5). (4) Beginning with the 2017–18 fiscal year, and each fiscal year thereafter, the Controller shall transfer an amount equal to the difference between the amount identified in subparagraph (A) and the amount identified in subparagraph (B) from the General Fund to the Realignment Reinvestment Fund for allocation pursuant to paragraph (5). (A) The estimate of net savings for the current fiscal year calculated pursuant to clause (ii) of subparagraph (A) of paragraph (2). (B) An adjustment for the immediately preceding fiscal year that is the result of subtracting the amount calculated pursuant to clause (i) of subparagraph (A) of paragraph (2) for that fiscal year from the amount estimated pursuant to clause (ii) of subparagraph (A) of paragraph (2) for that fiscal year. (5) The Controller shall annually allocate moneys in the Realignment Reinvestment Fund, no later than September 1 of each year, to each county and city and county for deposit in the county’s or city and county’s Realignment Reinvestment Services Account proportionally based on the average daily population of realigned offenders under each county’s supervision for the immediately preceding fiscal year. The Controller shall consult with the Board of State and Community Corrections to determine the average daily population for each county. (b) There shall be established in each county or city and county treasury a Realignment Reinvestment Services Account to receive all amounts allocated to a county or city and county for purposes of implementing this chapter. (c) (1) Each county local Community Corrections Partnership established pursuant to subdivision (b) of Section 1230 of the Penal Code shall recommend a comprehensive, locally run supplemental community-based corrections plan to the county board of supervisors. The purpose of the plan shall be to improve the outcomes of the 2011 Realignment Legislation addressing public safety. The plan may include, but shall not be limited to, mental health programs, substance abuse programs, transitional housing programs, job placement programs, improved supervision strategies, community-based punishment programs, increased law enforcement staffing in cities and counties, county jail construction, maintenance, and operation, assessment and criminal prosecution of realigned offenders, and supervision or aftercare for offenders sentenced pursuant to subdivision (h) of Section 1170 of the Penal Code and offenders subject to postrelease community supervision pursuant to Section 3451 of the Penal Code. (A) The supplemental community-based corrections plan may include, but shall not be limited to, all of the following components: (i) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol, and other services that specifically target realigned offenders and their families. (ii) An identification and prioritization of the neighborhoods and other areas in the community that face a significant public safety risk from realigned offenders and associated crimes, including, but not limited to, gang activity, burglary, robbery, vandalism, controlled substances sales, firearm-related violence, and substance abuse. (iii) A local action strategy that provides for a continuum of responses to crime and demonstrates a collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for realigned offenders. (iv) A schedule of programs identified in clause (iii) that are proposed to be funded pursuant to this subparagraph, including the projected amount of funding for each program. (v) An accounting of the number of new crimes or violations committed by realigned offenders. (vi) An evaluation of existing services and any gaps that may exist in those services. (B) Programs proposed to be funded shall satisfy all of the following requirements: (i) Be based on evidence-based programs and approaches that have been demonstrated to be effective in reducing crime or programs that improve public safety through incapacitation, prosecution, or treatment of realigned offenders. (ii) Employ information sharing systems to ensure that county and city actions are fully coordinated and designed to provide data for measuring the success of programs and strategies. (C) The plan shall also identify the specific objectives of the programs proposed for funding and specified outcome measures to determine the effectiveness of the programs and contain an accounting for all program participants, including those who do not complete the programs. Outcome measures of the programs proposed to be funded shall include, but not be limited to, all of the following when that data is available and relevant to the program: (i) The rate of arrests per 100,000 population. (ii) The rate of successful completion of probation and postrelease community supervision. (iii) The rate of successful completion of restitution and court-ordered community service responsibilities. (iv) Arrest, incarceration, and probation violation rates of realigned offenders and other program participants. (v) Quantification of the annual per capita costs of the program. (D) To assess the effectiveness of programs funded pursuant to this paragraph using the program outcome criteria specified in subparagraph (C), the following periodic reports shall be submitted: (i) Each county or city and county shall report, beginning October 15, 2017, and annually each October 15 thereafter, to the county board of supervisors and the Board of State and Community Corrections, in a format specified by the board, on the programs funded pursuant to this chapter and program outcomes as specified in subparagraph (C). (ii) The Board of State and Community Corrections shall compile the local reports and, by March 15, 2018, and by March 15 of each year thereafter, make a report to the Governor and the Legislature on program expenditures within each county and city and county funded pursuant to this section and on the outcomes as specified in subparagraph (C). A report submitted pursuant to this clause shall be submitted in compliance with Section 9795 of the Government Code. (2) The supplemental community-based corrections plan shall be voted on by an executive committee of each county’s Community Corrections Partnership consisting of the chief probation officer of the county as chair, a chief of police, the sheriff, the district attorney, the public defender, the presiding judge of the superior court, or his or her designee, and one department representative listed in either subparagraph (G), (H), or (J) of paragraph (2) of subdivision (b) of Section 1230 of the Penal Code, as designated by the county board of supervisors for purposes related to the development and presentation of the plan. (3) If a supplemental community-based corrections plan has been previously approved by a county’s or city and county’s local Community Corrections Partnership, the plan shall be reviewed annually and modified as needed. (4) The supplemental community-based corrections plan or modified supplemental community-based corrections plan shall be deemed accepted by the county board of supervisors unless the board rejects the plan by a vote of four-fifths of the board, in which case the plan shall go back to the Community Corrections Partnership for further consideration. (5) The supplemental community-based corrections plan or modified supplemental community-based corrections plan shall be submitted to the Board of State and Community Corrections no later than October 15 of each year. (d) The Controller shall allocate funds to local jurisdictions for public safety in accordance with this section as described in subdivision (a). (e) Funds allocated pursuant to subdivision (c) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. A local agency that has not met the requirement of this subdivision shall remit the unspent moneys in the Realignment Reinvestment Services Account to the Controller for deposit in the Realignment Reinvestment Fund. (f) Beginning in 2017, and no later than May 1 of each year, the Director of Finance shall, in consultation with the Legislative Analyst, develop an estimate of the cost avoidances expected to be realized by the Department of Corrections and Rehabilitation in the current fiscal year that are a result of the 2011 Realignment Legislation addressing public safety and report those estimates to the chairpersons of the committees in each house of the Legislature that consider appropriations and to the Chairperson of the Joint Legislative Budget Committee. A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. The Legislature may consider each year whether to appropriate funds in augmentation of the moneys otherwise allocated pursuant to this chapter in an amount up to and including the amount of cost avoidances reported pursuant to this subdivision. 30032. (a) Moneys allocated from a Realignment Reinvestment Services Account to a recipient entity shall be expended exclusively for services included in the county’s or city and county’s supplemental community-based corrections plan. These moneys shall supplement existing services and shall not be used to supplant any existing funding for law enforcement services or programs or activities included in the supplemental community-based corrections plan provided by that entity. (b) In no event shall any moneys allocated from the county’s or city and county’s Realignment Reinvestment Services Account be expended by a recipient entity to fund any of the following: (1) Administrative overhead costs in excess of 1 percent of a recipient entity’s Realignment Reinvestment Services Account allocation for that fiscal year. (2) The costs of any capital project or construction project that does not directly support programs or activities included in the supplemental community-based corrections plan. (c) For purposes of this section, both of the following shall apply: (1) A “recipient entity” is that entity that actually incurs the expenditures of Realignment Reinvestment Services Account funds allocated pursuant to subdivision (c) of Section 30301. (2) Administrative overhead costs shall only be charged by the recipient entity, as defined in paragraph (1), up to 1 percent of its Realignment Reinvestment Services Account allocation. 30033. The moneys in the Realignment Reinvestment Services Account established pursuant to subdivision (b) of Section 30031 in each county or city and county shall be expended exclusively as required by this chapter. Moneys allocated from the account shall not be transferred to, or commingled with, the moneys in any other fund in the county or city and county treasury, except that moneys may be transferred from the account to the county’s or city and county’s general fund to the extent necessary to facilitate the appropriation and expenditure of those transferred moneys in the manner required by this chapter. 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. SECTION 1. Section 8585.05 of the Government Code is amended to read: 8585.05. Unless the context otherwise requires, for the purposes of this article, the following definitions shall apply: (a)“Agency” or “office” means the Office of Emergency Services. (b)“California Emergency Management Agency” means the Office of Emergency Services. (c)“Director” or “secretary” means the Director of Emergency Services. ### Summary: This bill would amend the Government Code to require the Office of Emergency Services to establish a statewide emergency preparedness and response plan. The bill would require the Office of Emergency

The people of the State of California do enact as follows: SECTION 1. Article 1.5 (commencing with Section 6033) is added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read: Article 1.5. Criminal Justice Reinvestment Assessment Grant Program of 2016 6033. This article shall be known, and may be cited, as the Criminal Justice Reinvestment Assessment Grant Program of 2016. 6033.2. The Legislature finds and declares all of the following: (a) The Legislature is committed to reducing recidivism among criminal offenders, ensuring that local governments have adequate funding to achieve this goal, and facilitating the responsible implementation of the criminal justice policies contained in the 2011 Realignment Legislation addressing public safety. (b) By enacting the 2011 Realignment Legislation addressing public safety, the Legislature affirmed its commitment to justice reinvestment and stated that the purpose of justice reinvestment is to manage criminal justice populations more cost effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable. (c) The 2011 Realignment Legislation addressing public safety represents a significant shift of responsibilities. However, the quick and unanticipated nature of the passage of this legislation, in combination with broad county discretion in its implementation, offers a unique opportunity to identify best practices in community corrections and the impacts of correctional decentralization. (d) The 2011 Realignment Legislation addressing public safety did not require counties to collect data on outcome measures, nor did it provide specific resources for data collection that if adequately funded and properly implemented would allow policymakers, researchers, stakeholders, and counties to take advantage of the historic opportunity to study and evaluate the changing felon population and the strategies and interventions that counties employ to reduce recidivism. (e) The Bureau of State Audits’ September 2013 High Risk report identified the 2011 realignment of criminal justice responsibilities between the state and counties as a “high-risk” policy, citing a lack of “reliable and meaningful realignment data to ensure [the state’s] ability to effectively monitor progress toward achieving intended realignment goals.” (f) The Department of Corrections and Rehabilitation published a document in April 2012 entitled “The Future of California Corrections,” sometimes referred to as the “Corrections Blueprint” or the “Blueprint,” detailing the department’s plan to implement the 2011 Realignment Legislation, address public safety, and save billions of dollars. The Department of Finance and the Department of Corrections and Rehabilitation published a report in January 2016 entitled “An Update to the Future of California Corrections,” which indicated that after making certain specified adjustments the Governor’s proposed budget for the Department of Corrections and Rehabilitation for the 2016–17 fiscal year is one billion three hundred million dollars ($1,300,000,000) less than the pre-Realignment, pre-Blueprint multi-year forecast for the Department of Corrections and Rehabilitation for the same fiscal year. It is the intent of the Legislature to reinvest some or all of these savings in programs that reduce criminal recidivism, including a program to establish and implement reporting systems that are necessary to facilitate the identification and expansion of programs that provide proven evidence-based local programming opportunities for the successful reintegration of offenders into society. 6033.4. (a) The Criminal Justice Reinvestment Assessment Grant Program of 2016, which is hereby established, shall be administered by the Board of State and Community Corrections for the purpose of establishing and implementing reporting systems to identify and expand programs that provide proven, evidence-based, local programming opportunities for the successful reintegration of offenders into society. The board shall award grants to assist counties with the creation or expansion of infrastructure that allows each county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. (b) For purposes of this article, “board” means the Board of State and Community Corrections. 6033.6. (a) On or before June 1, 2016, each local community corrections partnership established pursuant to Section 1230 shall report to the board on the county’s capacity to collect and report the data required by Sections 6033.10 and 6033.12. The report shall include a local plan that identifies the additional resources necessary for that county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. (b) The board shall review each assessment submitted pursuant to subdivision (a) and shall prioritize and award grants pursuant to Section 6033.8. Funding shall be used to supplement, rather than supplant, existing programs. Grant funds shall be used for programs that are identified in the local plan submitted pursuant to subdivision (a). (c) The board shall submit to the Legislature on or before June 15, 2016, a report detailing the estimated need, cost, and schedule for each county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. The report shall be submitted in compliance with Section 9795 of the Government Code. 6033.8. (a) The board shall establish minimum standards, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following: (1) Size of the county. (2) Demonstrated efforts to report data prior to January 1, 2017. (3) Demonstrated ability to report data prior to January 1, 2017. (b) The board shall give preference to counties that have demonstrated efforts to independently collect data on a countywide basis. 6033.10. (a) On or before January 1, 2017, and annually each year thereafter, each county shall report specified data to the board in a format prescribed by the board. The board shall specify and define minimum required reporting which shall include, but not be limited to, the following for each individual sentenced pursuant to subdivision (h) of Section 1170: (1) Individual identifiers. (2) County identifiers. (3) Date of birth. (4) Gender. (5) Race or ethnicity. (6) Age at first arrest. (7) Conviction offense. (8) Sanction or sentence received. (9) Total jail time served. (10) Release status. (11) Violations of probation. (12) Rearrests. (13) Reconvictions. (14) Any other return to custody. (15) Use of flash incarceration. (16) Assessed risk level. (17) Participation in pretrial programs. (18) Participation in specialty court. (19) Participation in day reporting release programs. (20) Participation in electronic monitoring programs. (21) Participation in community service release programs. (22) Participation in work release programs. (23) Participation in intensive probation supervision. (24) Needs assessment. (25) Any reentry programming provided. (26) Participation in cognitive behavioral therapy. (27) Participation in mental health treatment. (28) Participation in substance abuse treatment. (29) Participation in gender-specific programming. (30) Participation in family programming. (31) Any health care assistance provided. (32) Any housing assistance provided. (33) Any income support provided. (34) Any employment assistance provided. (35) Any vocational training assistance provided. (36) Any educational enrollment assistance provided. (37) Any mentoring programming provided. (38) Any peer support programming provided. (b) The board shall compile the local reports and, by May 15, 2017, and, notwithstanding Section 10231.5 of the Government Code, by May 15 of each year thereafter, make a report to the Governor and the Legislature that summarizes the data reported by the counties pursuant to subdivision (a). The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. 6033.12. (a) On or before January 1, 2017, and annually each year thereafter, each county shall provide specified data to the board in a format prescribed by the board. The board shall specify and define minimum required reporting which shall include, but not be limited to, the following for each individual supervised pursuant to Section 3451: (1) Violations of postrelease community supervision. (2) Rearrests. (3) Reconvictions. (4) Any other return to custody. (5) Use of flash incarceration. (6) Participation in intensive probation supervision. (7) Any reentry programming provided. (8) Participation in cognitive behavioral therapy and whether the individual has completed or failed to complete the therapy’s requirements. (9) Participation in mental health treatment and whether the individual has completed or failed to complete the treatment’s requirements. (10) Participation in substance abuse treatment and whether the individual has completed or failed to complete the treatment’s requirements. (11) Participation in gender-specific programming. (12) Participation in family programming. (13) Any health care assistance provided. (14) Any housing assistance provided. (15) Any income support provided. (16) Any employment assistance provided. (17) Any vocational training assistance provided. (18) Any educational enrollment assistance provided. (19) Any mentoring programming provided. (20) Any peer support programming provided. (b) The board shall compile the local reports and, by May 15, 2017, and, notwithstanding Section 10231.5 of the Government Code, by May 15 of each year thereafter, make a report to the Governor and the Legislature that summarizes the data reported by the counties pursuant to subdivision (a). The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. 6033.14. (a) The amount of ____ dollars ($____) is hereby appropriated from the General Fund to the board for the 2016−17 fiscal year for the purpose of implementing this article. (b) The board may award up to the amount of the appropriation, less the board’s administrative costs, not to exceed 5 percent of the total grant funding awarded statewide, as individual grants not exceeding ____to counties to assist in establishing data reporting systems that will allow a county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. 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. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure that relevant data pertaining to the 2011 Realignment Legislation addressing public safety are collected and reported as soon as possible to allow stakeholders to measure the effectiveness of this landmark change in public safety policy, it is necessary that this bill go into immediate effect. SECTION 1. Section 487 of the Penal Code is amended to read: 487. Grand theft is theft committed in any of the following cases: (a)When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b). (b)Notwithstanding subdivision (a), grand theft is committed in any of the following cases: (1)(A)When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250). (B)For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), the value may be shown by the presentation of credible evidence that establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value. (2)When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250). (3)Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period. (c)When the property is taken from the person of another. (d)When the property taken is any of the following: (1)An automobile. (2)A firearm.

Existing law requires the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, as specified. Existing law requires the board, in consultation with certain individuals, including a county supervisor or county administrative officer, a county sheriff, and the Secretary of the Department of Corrections and Rehabilitation, to develop definitions of specified key terms in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based programs. This bill would enact the Criminal Justice Reinvestment Assessment Grant Program of 2016. The bill would require the grant program to be administered by the Board of State and Community Corrections for the purpose of establishing and implementing reporting systems to identify and expand programs that provide proven, evidence-based, local programming opportunities for the successful reintegration of offenders into society. The bill would authorize the board to award grants to assist counties with the creation or expansion of infrastructure that allows each county to consistently collect and report specified criminal justice information. The bill would require each local community corrections partnership, on or before June 1, 2016, to report to the board on the county’s capacity to collect and report the data required. The bill requires the board to review each assessment and to prioritize and award grants to the counties. The bill would require each county to report specified data to the board, on or before January 1, 2017, and annually thereafter, pertaining to offenders sentenced as felons to serve in local correctional facilities and felons released from prison to community supervision. The bill would require the board to summarize these data and report the summaries to the Governor and the Legislature, on or before May 15, 2017, and annually thereafter. By imposing data collection and reporting duties on local governments, this bill would impose a state-mandated local program. The bill would appropriate an unspecified sum to the board for purposes of funding the grants. The bill would state findings and declarations of the Legislature regarding criminal justice realignment. 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. The bill would declare that it is to take effect immediately as an urgency statute. Existing law defines grand theft as the wrongful taking of money, labor, or property of a value exceeding $950, except as specified. This bill would make technical, nonsubstantive changes to that provision.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Article 1.5 (commencing with Section 6033) is added to Chapter 5 of Title 7 of Part 3 of the Penal Code, to read: Article 1.5. Criminal Justice Reinvestment Assessment Grant Program of 2016 6033. This article shall be known, and may be cited, as the Criminal Justice Reinvestment Assessment Grant Program of 2016. 6033.2. The Legislature finds and declares all of the following: (a) The Legislature is committed to reducing recidivism among criminal offenders, ensuring that local governments have adequate funding to achieve this goal, and facilitating the responsible implementation of the criminal justice policies contained in the 2011 Realignment Legislation addressing public safety. (b) By enacting the 2011 Realignment Legislation addressing public safety, the Legislature affirmed its commitment to justice reinvestment and stated that the purpose of justice reinvestment is to manage criminal justice populations more cost effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable. (c) The 2011 Realignment Legislation addressing public safety represents a significant shift of responsibilities. However, the quick and unanticipated nature of the passage of this legislation, in combination with broad county discretion in its implementation, offers a unique opportunity to identify best practices in community corrections and the impacts of correctional decentralization. (d) The 2011 Realignment Legislation addressing public safety did not require counties to collect data on outcome measures, nor did it provide specific resources for data collection that if adequately funded and properly implemented would allow policymakers, researchers, stakeholders, and counties to take advantage of the historic opportunity to study and evaluate the changing felon population and the strategies and interventions that counties employ to reduce recidivism. (e) The Bureau of State Audits’ September 2013 High Risk report identified the 2011 realignment of criminal justice responsibilities between the state and counties as a “high-risk” policy, citing a lack of “reliable and meaningful realignment data to ensure [the state’s] ability to effectively monitor progress toward achieving intended realignment goals.” (f) The Department of Corrections and Rehabilitation published a document in April 2012 entitled “The Future of California Corrections,” sometimes referred to as the “Corrections Blueprint” or the “Blueprint,” detailing the department’s plan to implement the 2011 Realignment Legislation, address public safety, and save billions of dollars. The Department of Finance and the Department of Corrections and Rehabilitation published a report in January 2016 entitled “An Update to the Future of California Corrections,” which indicated that after making certain specified adjustments the Governor’s proposed budget for the Department of Corrections and Rehabilitation for the 2016–17 fiscal year is one billion three hundred million dollars ($1,300,000,000) less than the pre-Realignment, pre-Blueprint multi-year forecast for the Department of Corrections and Rehabilitation for the same fiscal year. It is the intent of the Legislature to reinvest some or all of these savings in programs that reduce criminal recidivism, including a program to establish and implement reporting systems that are necessary to facilitate the identification and expansion of programs that provide proven evidence-based local programming opportunities for the successful reintegration of offenders into society. 6033.4. (a) The Criminal Justice Reinvestment Assessment Grant Program of 2016, which is hereby established, shall be administered by the Board of State and Community Corrections for the purpose of establishing and implementing reporting systems to identify and expand programs that provide proven, evidence-based, local programming opportunities for the successful reintegration of offenders into society. The board shall award grants to assist counties with the creation or expansion of infrastructure that allows each county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. (b) For purposes of this article, “board” means the Board of State and Community Corrections. 6033.6. (a) On or before June 1, 2016, each local community corrections partnership established pursuant to Section 1230 shall report to the board on the county’s capacity to collect and report the data required by Sections 6033.10 and 6033.12. The report shall include a local plan that identifies the additional resources necessary for that county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. (b) The board shall review each assessment submitted pursuant to subdivision (a) and shall prioritize and award grants pursuant to Section 6033.8. Funding shall be used to supplement, rather than supplant, existing programs. Grant funds shall be used for programs that are identified in the local plan submitted pursuant to subdivision (a). (c) The board shall submit to the Legislature on or before June 15, 2016, a report detailing the estimated need, cost, and schedule for each county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. The report shall be submitted in compliance with Section 9795 of the Government Code. 6033.8. (a) The board shall establish minimum standards, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following: (1) Size of the county. (2) Demonstrated efforts to report data prior to January 1, 2017. (3) Demonstrated ability to report data prior to January 1, 2017. (b) The board shall give preference to counties that have demonstrated efforts to independently collect data on a countywide basis. 6033.10. (a) On or before January 1, 2017, and annually each year thereafter, each county shall report specified data to the board in a format prescribed by the board. The board shall specify and define minimum required reporting which shall include, but not be limited to, the following for each individual sentenced pursuant to subdivision (h) of Section 1170: (1) Individual identifiers. (2) County identifiers. (3) Date of birth. (4) Gender. (5) Race or ethnicity. (6) Age at first arrest. (7) Conviction offense. (8) Sanction or sentence received. (9) Total jail time served. (10) Release status. (11) Violations of probation. (12) Rearrests. (13) Reconvictions. (14) Any other return to custody. (15) Use of flash incarceration. (16) Assessed risk level. (17) Participation in pretrial programs. (18) Participation in specialty court. (19) Participation in day reporting release programs. (20) Participation in electronic monitoring programs. (21) Participation in community service release programs. (22) Participation in work release programs. (23) Participation in intensive probation supervision. (24) Needs assessment. (25) Any reentry programming provided. (26) Participation in cognitive behavioral therapy. (27) Participation in mental health treatment. (28) Participation in substance abuse treatment. (29) Participation in gender-specific programming. (30) Participation in family programming. (31) Any health care assistance provided. (32) Any housing assistance provided. (33) Any income support provided. (34) Any employment assistance provided. (35) Any vocational training assistance provided. (36) Any educational enrollment assistance provided. (37) Any mentoring programming provided. (38) Any peer support programming provided. (b) The board shall compile the local reports and, by May 15, 2017, and, notwithstanding Section 10231.5 of the Government Code, by May 15 of each year thereafter, make a report to the Governor and the Legislature that summarizes the data reported by the counties pursuant to subdivision (a). The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. 6033.12. (a) On or before January 1, 2017, and annually each year thereafter, each county shall provide specified data to the board in a format prescribed by the board. The board shall specify and define minimum required reporting which shall include, but not be limited to, the following for each individual supervised pursuant to Section 3451: (1) Violations of postrelease community supervision. (2) Rearrests. (3) Reconvictions. (4) Any other return to custody. (5) Use of flash incarceration. (6) Participation in intensive probation supervision. (7) Any reentry programming provided. (8) Participation in cognitive behavioral therapy and whether the individual has completed or failed to complete the therapy’s requirements. (9) Participation in mental health treatment and whether the individual has completed or failed to complete the treatment’s requirements. (10) Participation in substance abuse treatment and whether the individual has completed or failed to complete the treatment’s requirements. (11) Participation in gender-specific programming. (12) Participation in family programming. (13) Any health care assistance provided. (14) Any housing assistance provided. (15) Any income support provided. (16) Any employment assistance provided. (17) Any vocational training assistance provided. (18) Any educational enrollment assistance provided. (19) Any mentoring programming provided. (20) Any peer support programming provided. (b) The board shall compile the local reports and, by May 15, 2017, and, notwithstanding Section 10231.5 of the Government Code, by May 15 of each year thereafter, make a report to the Governor and the Legislature that summarizes the data reported by the counties pursuant to subdivision (a). The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. 6033.14. (a) The amount of ____ dollars ($____) is hereby appropriated from the General Fund to the board for the 2016−17 fiscal year for the purpose of implementing this article. (b) The board may award up to the amount of the appropriation, less the board’s administrative costs, not to exceed 5 percent of the total grant funding awarded statewide, as individual grants not exceeding ____to counties to assist in establishing data reporting systems that will allow a county to consistently collect and report criminal justice information as required by Sections 6033.10 and 6033.12. 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. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure that relevant data pertaining to the 2011 Realignment Legislation addressing public safety are collected and reported as soon as possible to allow stakeholders to measure the effectiveness of this landmark change in public safety policy, it is necessary that this bill go into immediate effect. SECTION 1. Section 487 of the Penal Code is amended to read: 487. Grand theft is theft committed in any of the following cases: (a)When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b). (b)Notwithstanding subdivision (a), grand theft is committed in any of the following cases: (1)(A)When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250). (B)For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), the value may be shown by the presentation of credible evidence that establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value. (2)When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250). (3)Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period. (c)When the property is taken from the person of another. (d)When the property taken is any of the following: (1)An automobile. (2)A firearm. ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Article 1.5 (

The people of the State of California do enact as follows: SECTION 1. Section 7200 of the Business and Professions Code is amended to read: 7200. (a) There is in the Department of Consumer Affairs a State Board of Guide Dogs for the Blind in whom enforcement of this chapter is vested. The board shall consist of seven members appointed by the Governor. One member shall be the Director of Rehabilitation or his or her designated representative. The remaining members shall be persons who have shown a particular interest in dealing with the problems of persons who are blind or visually impaired and at least three of them shall be persons who are blind or visually impaired who use guide dogs. (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. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. SEC. 2. Section 7200.5 of the Business and Professions Code is amended to read: 7200.5. (a) The board shall have exclusive authority in this state to issue licenses for the instruction of persons who are blind or visually impaired in the use of guide dogs and for the training of guide dogs for use by persons who are blind or visually impaired. It shall also have exclusive authority in this state to issue licenses to operate schools for the training of guide dogs and the instruction of persons who are blind or visually impaired in the use of guide dogs. (b) (1) Notwithstanding any other law, whenever an individual has received training or instruction from a school outside of this state that is certified by the International Guide Dog Federation or a successor entity, as determined by the board, personnel from that school may provide, in this state, any followup services to that individual with respect to the specific guide dog for whom training or instruction was originally provided outside of this state. The personnel from that school shall notify the board on a form prescribed by the board not less than three business days prior to the time the personnel arrive in this state of their intent to provide followup services. If those services are to be provided due to emergency circumstances, as determined by the school, notification may be provided within 24 hours after the personnel arrive in this state. For purposes of making that determination, emergency circumstances include, but are not limited to, injury to a dog that requires determination as to whether it remains safe for the dog to continue working, an accident involving the dog, or certain sudden changes in behavior that imperil the safety of the handler. The board shall permit the personnel to provide the notification electronically and shall not require the personnel to notify the board of the name of the individual who will be receiving the followup services. However, the board may require a school to provide the name of the individual to whom services have been provided if needed for purposes of investigating the personnel from that school who provided these services, so long as the investigation is conducted based upon reasonable grounds for determining that personnel may have provided substandard care. (2) (A) Except as provided in subparagraph (B), prior to providing followup services pursuant to paragraph (1), personnel shall have fingerprints on file with the board. (B) Notwithstanding subparagraph (A), if the followup services are provided under emergency circumstances personnel shall have one business day after coming in to the state to meet the requirements of that subparagraph. (3) Whenever followup services are provided pursuant to paragraph (1), the out-of-state school shall provide written information to the guide dog handler concerning the provisions of this subdivision. (4) The board may refuse to allow personnel to provide followup services if the personnel have committed any act described in Section 7211.9. During the time the personnel provide followup services to the individual, the personnel shall be subject to the disciplinary jurisdiction of the board, which may include a citation and fine pursuant to the board’s rules and regulations or any other disciplinary action which could be brought against a licensed instructor. SEC. 3. Section 7215.7 is added to the Business and Professions Code, to read: 7215.7. (a) The board shall prepare a factsheet that shall contain all of the following: (1) A description of the purposes served by the board. (2) A description of the board’s role in assisting guide dog users who are victims of alleged guide dog discrimination. (3) A description of the board’s arbitration procedure under Section 7215.6. (b) The board shall post the factsheet on its Internet Web site and provide copies to each guide dog school licensed pursuant to this chapter. A school licensed under this chapter shall provide a copy of the factsheet to every student receiving training from that school. (c) 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. 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 establishes within the Department of Consumer Affairs a State Board of Guide Dogs for the Blind, which is comprised of 7 members appointed by the Governor. Existing law requires 2 of the board members to be persons who are blind or visually impaired who use guide dogs. This bill would instead require at least 3 board members to be persons who are blind or visually impaired who use guide dogs. Under existing law, the board has exclusive authority in this state to issue licenses for the instruction of persons who are blind or visually impaired in the use of guide dogs and for the training of guide dogs for use by persons who are blind or visually impaired. Under existing law, the board also has exclusive authority in this state to issue licenses to operate schools for the training of guide dogs and the instruction of persons who are blind or visually impaired in the use of guide dogs. Existing law makes it unlawful for any person to sell, offer for sale, give, hire, or furnish under any other arrangement, any guide dog or to engage in the business or occupation of training a guide dog unless he or she holds a valid and unimpaired license issued pursuant to the provisions governing guide dogs. A violation of those provisions is a crime. This bill, whenever an individual has received training or instruction from a specified certified school outside of this state, would authorize personnel from that school to provide that individual with any followup services within this state with respect to the specific guide dog for whom training or instruction was originally provided outside of this state, as specified. The bill would require the personnel, not less than 3 days prior to arriving in this state, to notify the board of their intent to provide those services. This bill would, if specified conditions are met, authorize followup emergency services. If those services are to be provided due to emergency circumstances, as determined by the school based on specified examples, the bill would authorize that notice to be provided within 24 hours after the personnel arrive in this state. The bill would prohibit the board from requiring the school to provide the name of the individual who will be receiving followup services, however, it would permit the board to require a school to provide the name of the individual to whom services have been provided to investigate personnel providing those services, so long as the investigation is based on reasonable grounds for determining that personnel may have provided substandard care. The bill would also authorize the board to refuse to allow personnel who have committed certain acts for which the board could suspend or revoke a license to provide those services, and would place those personnel under the disciplinary jurisdiction of the board while they provide those services. The bill, until January 1, 2018, would require the board to prepare a factsheet regarding various functions of the board, to post that factsheet on its Internet Web site, and to provide copies to each of the licensed guide dog schools. The bill, until January 1, 2018, would also require a licensed guide dog school to provide copies of the factsheet to every student receiving training from that school. Because the failure of a licensed guide dog school to provide those copies and the failure of personnel to provide that notification would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 7200 of the Business and Professions Code is amended to read: 7200. (a) There is in the Department of Consumer Affairs a State Board of Guide Dogs for the Blind in whom enforcement of this chapter is vested. The board shall consist of seven members appointed by the Governor. One member shall be the Director of Rehabilitation or his or her designated representative. The remaining members shall be persons who have shown a particular interest in dealing with the problems of persons who are blind or visually impaired and at least three of them shall be persons who are blind or visually impaired who use guide dogs. (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. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. SEC. 2. Section 7200.5 of the Business and Professions Code is amended to read: 7200.5. (a) The board shall have exclusive authority in this state to issue licenses for the instruction of persons who are blind or visually impaired in the use of guide dogs and for the training of guide dogs for use by persons who are blind or visually impaired. It shall also have exclusive authority in this state to issue licenses to operate schools for the training of guide dogs and the instruction of persons who are blind or visually impaired in the use of guide dogs. (b) (1) Notwithstanding any other law, whenever an individual has received training or instruction from a school outside of this state that is certified by the International Guide Dog Federation or a successor entity, as determined by the board, personnel from that school may provide, in this state, any followup services to that individual with respect to the specific guide dog for whom training or instruction was originally provided outside of this state. The personnel from that school shall notify the board on a form prescribed by the board not less than three business days prior to the time the personnel arrive in this state of their intent to provide followup services. If those services are to be provided due to emergency circumstances, as determined by the school, notification may be provided within 24 hours after the personnel arrive in this state. For purposes of making that determination, emergency circumstances include, but are not limited to, injury to a dog that requires determination as to whether it remains safe for the dog to continue working, an accident involving the dog, or certain sudden changes in behavior that imperil the safety of the handler. The board shall permit the personnel to provide the notification electronically and shall not require the personnel to notify the board of the name of the individual who will be receiving the followup services. However, the board may require a school to provide the name of the individual to whom services have been provided if needed for purposes of investigating the personnel from that school who provided these services, so long as the investigation is conducted based upon reasonable grounds for determining that personnel may have provided substandard care. (2) (A) Except as provided in subparagraph (B), prior to providing followup services pursuant to paragraph (1), personnel shall have fingerprints on file with the board. (B) Notwithstanding subparagraph (A), if the followup services are provided under emergency circumstances personnel shall have one business day after coming in to the state to meet the requirements of that subparagraph. (3) Whenever followup services are provided pursuant to paragraph (1), the out-of-state school shall provide written information to the guide dog handler concerning the provisions of this subdivision. (4) The board may refuse to allow personnel to provide followup services if the personnel have committed any act described in Section 7211.9. During the time the personnel provide followup services to the individual, the personnel shall be subject to the disciplinary jurisdiction of the board, which may include a citation and fine pursuant to the board’s rules and regulations or any other disciplinary action which could be brought against a licensed instructor. SEC. 3. Section 7215.7 is added to the Business and Professions Code, to read: 7215.7. (a) The board shall prepare a factsheet that shall contain all of the following: (1) A description of the purposes served by the board. (2) A description of the board’s role in assisting guide dog users who are victims of alleged guide dog discrimination. (3) A description of the board’s arbitration procedure under Section 7215.6. (b) The board shall post the factsheet on its Internet Web site and provide copies to each guide dog school licensed pursuant to this chapter. A school licensed under this chapter shall provide a copy of the factsheet to every student receiving training from that school. (c) 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. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares: (1) California’s complex freight transportation system is responsible for one-third of the state’s economy and jobs, with freight-dependent industries accounting for over $700 billion in revenue and over 5 million jobs in 2013, and is home to the largest gateway for international trade and domestic commerce in the nation, with an interconnected system of ports, railroads, highways, and roads that allow goods from around the world to move throughout the state. (2) Significant investments in freight inssions technology at California’s public seaports and to eliminate taxes imposed on the purchase of that equipment that further increase the costs of purchasing and maintaining zero-emission equipment and supporting infrastructure, which are already of significantly greater expense than conventional equipment and infrastructure. SEC. 2. Section 6377.5 is added to the Revenue and Taxation Code, to read: 6377.5. (a) On or after January 1, 2017, and before January 1, 2030, there are exempted from the taxes imposed by this part the gross receipts from the sale of, and the storage, use, or other consumption in this state of, any of the following: (1) Qualified tangible personal property purchased for use by a qualified person to be used primarily in, at, or on a marine terminal of a California public port for carriage, handling, or movement of freight, cargo, and goods. (2) Qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test any qualified tangible personal property described in paragraph (1). (b) For purposes of this section: (1) “Primarily” means 50 percent or more of the time. (2) “Qualified person” means a person that is a stevedore, marine terminal operator, operator of a port port, rail ramp, rail yard, intermodal facility, or freight yard, or any other person that is engaged in cargo and freight loading, delivery, movement, storage, and conveyance at or within a California public seaport. (3) “Qualified tangible personal property” includes both of the following: (A) All zero-emission or near-zero-emission equipment used in conjunction with the movement of goods or freight, including, but not limited to, computers, data-processing equipment, and computer software, required to operate, control, regulate, or maintain the zero-emission or near-zero-emission equipment, together with all repair and replacement parts with a useful life of one or more years therefor, whether purchased separately or in conjunction with the equipment and regardless of whether the machine or component parts are assembled by the qualified person or another party. (B) Special purpose buildings and foundations used as an integral part of the process of utilization of zero-emission equipment or near-zero-emission equipment constitute qualified tangible personal property to the extent that the sale of, or storage, use, or other consumption is subject to the imposition of sales or use tax. (4) “Zero-emission or near-zero-emission equipment” means equipment, off-road vehicles, and related technologies used at a within the boundaries of a California public seaport that reduce or eliminate greenhouse gas emissions and improve air quality when compared with conventional or fully commercialized alternatives, as identified by the State Air Resources Board in consultation with the State Energy Resources Conservation and Development Commission. “Zero-emission and near-zero-emission equipment” may include, but is not limited to, enabling technologies that provide a pathway to emission reductions, advanced or alternative fuel engines, and hybrid or alternative fuel technologies for seaport equipment. (c) An exemption shall not be allowed under this section unless the purchaser furnishes the retailer with an exemption certificate, completed in accordance with any instructions or regulations as the board may prescribe, and the retailer retains the exemption certificate in its records and furnishes it to the board upon request. (d) (1) Notwithstanding the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section shall not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws. (2) Notwithstanding subdivision (a), the exemption established by this section shall not apply with respect to any tax levied pursuant to Section 6051.2 or 6201.2, pursuant to Sections 35 and 36 of Article XIII of the California Constitution, or any tax levied pursuant to Sections 6051 or 6201 that is deposited in the State Treasury to the credit of the Local Revenue Fund 2011 pursuant to Sections 6051.15 or 6201.15. (e) Notwithstanding subdivision (a), the exemption provided by this section shall not apply to any sale or storage, use, or other consumption of property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) to some other use not qualifying for exemption, or otherwise used in a manner not qualifying for exemption. (f) This section shall apply to leases of qualified tangible personal property classified as “continuing sales” and “continuing purchases” in accordance with Sections 6006.1 and 6010.1. The exemption established by this section shall apply to the rentals payable pursuant to the lease, provided the lessee is a qualified person and the tangible personal property is qualified tangible personal property used in an activity described in subdivision (a). (g) (1) Upon the effective date of this section, the Department of Finance shall estimate the total dollar amount of exemptions that will be taken for each calendar year, or any portion thereof, for which this section provides an exemption. (2) No later than each March 1 next following a calendar year for which this section provides an exemption, the board shall provide to the Joint Legislative Budget Committee a report of the total dollar amount of exemptions taken under this section for the immediately preceding calendar year. The report shall compare the total dollar amount of exemptions taken under this section for that calendar year with the department’s estimate for that same calendar year. If that total dollar amount taken is less than the estimate for that calendar year, the report shall identify options for increasing exemptions taken so as to meet estimated amounts. SEC. 3. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.

Existing sales and use tax laws impose 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, and provides various exemptions from those taxes. The bill would exempt from those taxes, on and after January 1, 2017, and before January 1, 2030, the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased by a qualified person, as defined, for use primarily in, at, or on a marine terminal or qualified tangible personal property used primarily to maintain, repair, or test the above-described equipment, as provided. The bill would require the purchaser to furnish the retailer with an exemption certificate, as specified. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing law authorizes districts, as specified, to impose transactions and use taxes in conformity with the Transactions and Use Tax Law, which conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are incorporated into these laws. This bill would specify that this exemption does not apply to local sales and use taxes, transactions and use taxes, and specified state taxes from which revenues are deposited into the Local Public Safety Fund, the Education Protection Account, the Local Revenue Fund, or the Local Revenue Fund 2011. This bill would take effect immediately as a tax levy.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares: (1) California’s complex freight transportation system is responsible for one-third of the state’s economy and jobs, with freight-dependent industries accounting for over $700 billion in revenue and over 5 million jobs in 2013, and is home to the largest gateway for international trade and domestic commerce in the nation, with an interconnected system of ports, railroads, highways, and roads that allow goods from around the world to move throughout the state. (2) Significant investments in freight inssions technology at California’s public seaports and to eliminate taxes imposed on the purchase of that equipment that further increase the costs of purchasing and maintaining zero-emission equipment and supporting infrastructure, which are already of significantly greater expense than conventional equipment and infrastructure. SEC. 2. Section 6377.5 is added to the Revenue and Taxation Code, to read: 6377.5. (a) On or after January 1, 2017, and before January 1, 2030, there are exempted from the taxes imposed by this part the gross receipts from the sale of, and the storage, use, or other consumption in this state of, any of the following: (1) Qualified tangible personal property purchased for use by a qualified person to be used primarily in, at, or on a marine terminal of a California public port for carriage, handling, or movement of freight, cargo, and goods. (2) Qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test any qualified tangible personal property described in paragraph (1). (b) For purposes of this section: (1) “Primarily” means 50 percent or more of the time. (2) “Qualified person” means a person that is a stevedore, marine terminal operator, operator of a port port, rail ramp, rail yard, intermodal facility, or freight yard, or any other person that is engaged in cargo and freight loading, delivery, movement, storage, and conveyance at or within a California public seaport. (3) “Qualified tangible personal property” includes both of the following: (A) All zero-emission or near-zero-emission equipment used in conjunction with the movement of goods or freight, including, but not limited to, computers, data-processing equipment, and computer software, required to operate, control, regulate, or maintain the zero-emission or near-zero-emission equipment, together with all repair and replacement parts with a useful life of one or more years therefor, whether purchased separately or in conjunction with the equipment and regardless of whether the machine or component parts are assembled by the qualified person or another party. (B) Special purpose buildings and foundations used as an integral part of the process of utilization of zero-emission equipment or near-zero-emission equipment constitute qualified tangible personal property to the extent that the sale of, or storage, use, or other consumption is subject to the imposition of sales or use tax. (4) “Zero-emission or near-zero-emission equipment” means equipment, off-road vehicles, and related technologies used at a within the boundaries of a California public seaport that reduce or eliminate greenhouse gas emissions and improve air quality when compared with conventional or fully commercialized alternatives, as identified by the State Air Resources Board in consultation with the State Energy Resources Conservation and Development Commission. “Zero-emission and near-zero-emission equipment” may include, but is not limited to, enabling technologies that provide a pathway to emission reductions, advanced or alternative fuel engines, and hybrid or alternative fuel technologies for seaport equipment. (c) An exemption shall not be allowed under this section unless the purchaser furnishes the retailer with an exemption certificate, completed in accordance with any instructions or regulations as the board may prescribe, and the retailer retains the exemption certificate in its records and furnishes it to the board upon request. (d) (1) Notwithstanding the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)), the exemption established by this section shall not apply with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, either of those laws. (2) Notwithstanding subdivision (a), the exemption established by this section shall not apply with respect to any tax levied pursuant to Section 6051.2 or 6201.2, pursuant to Sections 35 and 36 of Article XIII of the California Constitution, or any tax levied pursuant to Sections 6051 or 6201 that is deposited in the State Treasury to the credit of the Local Revenue Fund 2011 pursuant to Sections 6051.15 or 6201.15. (e) Notwithstanding subdivision (a), the exemption provided by this section shall not apply to any sale or storage, use, or other consumption of property that, within one year from the date of purchase, is removed from California, converted from an exempt use under subdivision (a) to some other use not qualifying for exemption, or otherwise used in a manner not qualifying for exemption. (f) This section shall apply to leases of qualified tangible personal property classified as “continuing sales” and “continuing purchases” in accordance with Sections 6006.1 and 6010.1. The exemption established by this section shall apply to the rentals payable pursuant to the lease, provided the lessee is a qualified person and the tangible personal property is qualified tangible personal property used in an activity described in subdivision (a). (g) (1) Upon the effective date of this section, the Department of Finance shall estimate the total dollar amount of exemptions that will be taken for each calendar year, or any portion thereof, for which this section provides an exemption. (2) No later than each March 1 next following a calendar year for which this section provides an exemption, the board shall provide to the Joint Legislative Budget Committee a report of the total dollar amount of exemptions taken under this section for the immediately preceding calendar year. The report shall compare the total dollar amount of exemptions taken under this section for that calendar year with the department’s estimate for that same calendar year. If that total dollar amount taken is less than the estimate for that calendar year, the report shall identify options for increasing exemptions taken so as to meet estimated amounts. SEC. 3. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 10003 is added to the Welfare and Institutions Code, to read: 10003. (a) It shall be the responsibility of a recipient of aid pursuant to this division changing residence from one county to another to promptly notify either the county from which he or she moves or the county to which he or she moves of the change of residence. Recipients of CalWORKs, CalFresh, or Medi-Cal shall have the option to report a change of residence in person, in writing, telephonically, or, if the technology is available, electronically online and shall be advised of these options at the time of application and redetermination or recertification. Within seven business days of notice of a new residence, the notified county shall initiate an intercounty transfer for all benefits under this division that the recipient is receiving, and benefits shall be transferred no later than the first day of the next available benefit month following 30 days after a county was notified pursuant to this section. (b) To the greatest extent possible, the intercounty transfer process shall be simple and client friendly and minimize workload for county eligibility operations. The process shall ensure the applicant or recipient does not need to provide copies of documents that were previously provided to the prior county of residence, and there is no interruption in benefits. (c) Case file documents shall be electronically shared between the prior county of residence and the new county of residence, to the extent possible, as specified by the relevant state departments. (d) Notwithstanding Section 11052.5, the new county of residence shall not interview recipients moving to that county from another county to determine continued eligibility for CalFresh or CalWORKs until the next scheduled recertification pursuant to Section 18910.1 or redetermination pursuant to Section 11265. This section shall not preclude the new county of residence from interviewing CalWORKs recipients regarding welfare-to-work program participation, which is not a requirement for an intercounty transfer of CalWORKs eligibility. (e) For beneficiaries required to receive services through a Medi-Cal managed care health plan, the following shall apply: (1) If the beneficiary moves to another county and is still enrolled in a managed care health plan in the county from which he or she moved, the beneficiary shall have continued access to emergency services and any other coverage the managed care health plan authorizes out-of-network until the time that the intercounty transfer process pursuant to subdivision (a) is complete and the beneficiary is disenrolled from the managed care health plan. (2) If the beneficiary moves to another county and is still enrolled in a managed care health plan in the county from which he or she moved and needs nonemergent care that same month in the new county, the Medi-Cal Managed Care Ombudsman shall, upon request by the beneficiary or either county, disenroll the beneficiary as an expedited disenrollment from his or her managed care health plan. County-initiated disenrollment using an online form shall be processed no later than three business days after the request is made. Beneficiary-initiated disenrollment by telephone shall be effective no later than two business days after the request is made when the request is made before 5 p.m. Any beneficiary-initiated disenrollment request by phone made after 5 p.m. shall be processed the following business day and be effective no later than two business days after the request is processed. (3) A beneficiary who is disenrolled from the managed care health plan in the county from which he or she moved pursuant to paragraph (2) shall be entitled to the full scope of benefits for which he or she is entitled to in the new county through the fee-for-service delivery system until he or she is enrolled in a managed care health plan in the new county. (4) If the beneficiary moves to a county that provides Medi-Cal services through a county organized health system, the beneficiary shall be enrolled in that county organized health system plan on the first day of the following month once the new county of residence is reflected in the Medi-Cal Eligibility Data System. If a beneficiary moves to a county without a county organized health system, the usual health plan choice process shall apply. (f) Failure to report a move to a different county within the state in itself shall not constitute a basis for an overpayment. (g) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services and the State Department of Social Services, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time regulations are adopted. The State Department of Health Care Services and the State Department of Social Services shall adopt regulations by July 1, 2021, 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. (2) Beginning June 1, 2017, and notwithstanding Section 10231.5 of the Government Code, the State Department of Health Care Services and the State Department of Social Services shall provide a status report on the adoption of the regulations 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. (i) This section shall become operative on June 1, 2017. SEC. 2. Section 11052.6 of the Welfare and Institutions Code is amended to read: 11052.6. (a) Notwithstanding any other law, the requirements of Section 11052.5 shall not apply to any caretaker relative when all of the following apply: (1) He or she is an approved relative pursuant to subdivision (d) of Section 309 caring for a child who is a dependent child of the court, and is receiving benefits under the CalWORKs program on behalf of the child. (2) The caretaker relative is changing residence from one county to another county and is applying for benefits in the new county on behalf of one or more related children who are current recipients of benefits under the CalWORKS Program under Chapter 2 (commencing with Section 11200) of Part 3. (3) The caretaker relative is not an applicant for or a recipient of benefits under the CalWORKS Program. (b) If the caretaker relative subsequently applies for benefits under the CalWORKS Program, he or she shall be subject to the requirements of Section 11052.5 that are applicable to that program. (c) The county CalWORKs program shall verify that the individual applying for benefits meets the criteria set forth in this section. (d) This section shall become inoperative on June 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. 3. Section 11053 of the Welfare and Institutions Code is amended to read: 11053. (a) It shall be the responsibility of a recipient changing residence from one county to another within the state to promptly notify the county paying aid to the recipient of the move and to apply for a redetermination of eligibility within the new county of residence. The first county shall notify the second county of the recipient’s move as soon as the recipient’s location in the second county is known. The county to which the recipient has moved will be responsible for determining the recipient’s continued eligibility for payment of aid and, to the extent possible, as determined by the Director of Health Services, eligibility for the Medi-Cal program, as of the first day of the month following 30 days after the first county has notified the second county of the recipient’s relocation. The first county shall provide the second county with copies of those documents, as specified by the department, necessary to establish current eligibility and grant amount. (b) This section shall become inoperative on June 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. 4. Section 11053.2 of the Welfare and Institutions Code is amended to read: 11053.2. (a) Notwithstanding any other law, the department shall establish a process of intercounty transfer of eligibility for CalFresh benefits provided under Chapter 10 (commencing with Section 18900) of Part 6 when a recipient changes residence from one county to another within the state. The intercounty transfer process shall facilitate a recipient’s move from one county to another without a break in benefits and without requiring a new application to be submitted to the new county of residence. (b) (1) For CalFresh recipients who are receiving CalWORKs benefits pursuant to Chapter 2 (commencing with Section 11200), the intercounty transfer process utilized for CalWORKs shall be used. (2) For CalFresh recipients who are receiving Medi-Cal benefits pursuant to Chapter 7 (commencing with Section 14000), but are not receiving CalWORKs benefits pursuant to Chapter 2 (commencing with Section 11200), the intercounty transfer process utilized for the Medi-Cal program shall be used. (3) This subdivision shall be implemented no later than April 1, 2011. (c) For CalFresh recipients who are not receiving CalWORKs or Medi-Cal benefits as described in paragraphs (1) and (2) of subdivision (b), an intercounty transfer process shall be developed, in consultation with representatives of county human services departments and advocates for recipients. To the greatest extent possible, the process shall be simple, client friendly, ensure the client does not need to provide copies of documents that were previously provided to the prior county of residence, build on existing processes for the programs described in paragraphs (1) and (2) of subdivision (b), and minimize workload for county eligibility operations. The process developed pursuant to this subdivision shall be implemented no later than July 1, 2011. (d) Upon the implementation of the intercounty transfer procedures set forth in this section, it shall be the responsibility of a recipient changing residence from one county to another within the state to notify his or her prior county of residence of his or her move. The prior county of residence shall notify the new county of the recipient’s move as soon as the recipient’s location in the new county is known. The new county of residence shall be responsible for determining the recipient’s continued eligibility for payment of CalFresh benefits. To the extent permitted by federal law, the new county of residence shall not be required to interview persons in the CalFresh household to determine continued eligibility until the next scheduled recertification or other regularly scheduled interview. (e) Notwithstanding 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 department may implement this section through all-county letters, or similar instructions from the director no later than April 1, 2011, with respect to subdivision (b), and no later than July 1, 2011, with respect to subdivision (c). (f) The department shall adopt regulations as otherwise necessary to implement this section no later than July 1, 2012. Emergency regulations adopted for implementation of this section may be adopted by the director 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 emergency regulations shall be deemed to be an emergency and necessary for immediate preservation of the public peace, health and safety, or general welfare. The emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days. (g) This section shall become inoperative on June 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. 5. Section 11102 of the Welfare and Institutions Code is amended to read: 11102. (a) County residence is not a qualification for aid under any public assistance program. (b) County responsibility for making aid payments is determined as follows: (1) The county where the applicant lives shall accept the application and shall be responsible for paying the aid. (2) Responsibility for payment of aid to any person qualifying for and receiving aid from any county, who moves to another county in this state to make his or her home, shall be transferred to the second county as soon as administratively possible, but not later than the first day of the month following 30 days after notification to the second county. (c) For purposes of public assistance the county in which an applicant or recipient lives is: (1) For a patient in a state hospital or institution, voluntary, nonprofit, or proprietary facility or other public or private institution, the county from which he or she was admitted. (2) For a person who has had to leave the county in which he or she normally lives, solely for the purpose of securing care not otherwise available to him or her in a medical facility, the county in which he or she last maintained a living arrangement outside a medical facility. (d) This section shall become inoperative on June 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. 6. Section 11102 is added to the Welfare and Institutions Code, to read: 11102. (a) County residence is not a qualification for aid under any public assistance program. (b) County responsibility for making aid payments is determined as follows: (1) The county where the applicant lives shall accept the application and shall be responsible for paying the aid. (2) Responsibility for payment of aid to a person qualifying for and receiving aid from a county, who moves to another county in this state to make his or her home, shall be transferred to the second county as soon as administratively possible pursuant to the requirements set forth in subdivision (a) of Section 10003. (c) For purposes of public assistance, the county where an applicant or recipient lives is determined as follows: (1) For a patient in a state hospital or institution, voluntary, nonprofit, or proprietary facility, or other public or private institution, the county where he or she was admitted. (2) For a person who has had to leave the county where he or she normally lives, solely for the purpose of securing care not otherwise available to him or her in a medical facility, the county where he or she last maintained a living arrangement outside a medical facility. (d) This section shall become operative on June 1, 2017. SEC. 7. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act. SEC. 8. 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 California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the Temporary Assistance for Needy Families (TANF) program, each county provides cash assistance and other benefits to qualified low-income families. Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which qualified low-income persons are provided with health care services. Existing law establishes a statewide program to enable eligible low-income persons to receive food stamps under the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh. Existing law requires counties to implement the program, including determining eligibility and distributing CalFresh benefits. Existing law requires the State Department of Social Services to establish and implement a process of intercounty transfer of eligibility for CalFresh benefits, and to take various regulatory actions. Existing law requires the county where an applicant of a public assistance program lives to be responsible for paying for the aid and requires transfer of the responsibility to pay, when that person moves to another county, to the 2nd county as soon as administratively possible, but not later than the first day of the month following 30 days after notification to the 2nd county. This bill would instead, commencing June 1, 2017, require the responsibility for payment of aid to transfer to the 2nd county as soon as administratively possible, as specified. The bill would delete provisions relating to the determination of the county of residence for an aid recipient who has been released or discharged from a state hospital. Under existing law, a recipient of aid who is changing residence from one county to another within the state is required to notify the county paying aid to the recipient of the move, and to apply for a redetermination of eligibility within the new county of residence. Existing law imposes various requirements on the relevant counties, including requiring the county to which the recipient has moved to determine the recipient’s continued eligibility for payment of aid and, to the extent possible, the recipient’s eligibility for the Medi-Cal program. This bill would make inoperative on June 1, 2017, those provisions relating to the notice and redetermination of aid procedures for when a recipient of aid changes residence from one county to another within the state, including the procedures for intercounty transfer of CalFresh benefits. The bill would instead, commencing June 1, 2017, require the recipient to notify either the county from which he or she moves or the county to which he or she moves of the change of residence and, within 7 business days of notice of a new residence, would require that county to initiate an intercounty transfer for specified public social service benefits. The bill would require that the benefits be transferred no later than the first day of the next available benefit month following 30 days after a county was notified. The bill would prohibit the new county of residence from interviewing recipients from another county to determine continued eligibility for the CalWORKs or CalFresh programs until the next scheduled recertification or redetermination, and would require case file documents to be shared electronically between the prior county of residence and the new county of residence. The bill would require the State Department of Health Care Services and the State Department of Social Services to adopt regulations by July 1, 2021. The bill would require, beginning June 1, 2017, the departments to provide a status report on the adoption of the regulations to the Legislature on a semiannual basis. Because this bill would impose additional duties on counties with regard to the provision of aid, this bill would impose a state-mandated local program. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 10003 is added to the Welfare and Institutions Code, to read: 10003. (a) It shall be the responsibility of a recipient of aid pursuant to this division changing residence from one county to another to promptly notify either the county from which he or she moves or the county to which he or she moves of the change of residence. Recipients of CalWORKs, CalFresh, or Medi-Cal shall have the option to report a change of residence in person, in writing, telephonically, or, if the technology is available, electronically online and shall be advised of these options at the time of application and redetermination or recertification. Within seven business days of notice of a new residence, the notified county shall initiate an intercounty transfer for all benefits under this division that the recipient is receiving, and benefits shall be transferred no later than the first day of the next available benefit month following 30 days after a county was notified pursuant to this section. (b) To the greatest extent possible, the intercounty transfer process shall be simple and client friendly and minimize workload for county eligibility operations. The process shall ensure the applicant or recipient does not need to provide copies of documents that were previously provided to the prior county of residence, and there is no interruption in benefits. (c) Case file documents shall be electronically shared between the prior county of residence and the new county of residence, to the extent possible, as specified by the relevant state departments. (d) Notwithstanding Section 11052.5, the new county of residence shall not interview recipients moving to that county from another county to determine continued eligibility for CalFresh or CalWORKs until the next scheduled recertification pursuant to Section 18910.1 or redetermination pursuant to Section 11265. This section shall not preclude the new county of residence from interviewing CalWORKs recipients regarding welfare-to-work program participation, which is not a requirement for an intercounty transfer of CalWORKs eligibility. (e) For beneficiaries required to receive services through a Medi-Cal managed care health plan, the following shall apply: (1) If the beneficiary moves to another county and is still enrolled in a managed care health plan in the county from which he or she moved, the beneficiary shall have continued access to emergency services and any other coverage the managed care health plan authorizes out-of-network until the time that the intercounty transfer process pursuant to subdivision (a) is complete and the beneficiary is disenrolled from the managed care health plan. (2) If the beneficiary moves to another county and is still enrolled in a managed care health plan in the county from which he or she moved and needs nonemergent care that same month in the new county, the Medi-Cal Managed Care Ombudsman shall, upon request by the beneficiary or either county, disenroll the beneficiary as an expedited disenrollment from his or her managed care health plan. County-initiated disenrollment using an online form shall be processed no later than three business days after the request is made. Beneficiary-initiated disenrollment by telephone shall be effective no later than two business days after the request is made when the request is made before 5 p.m. Any beneficiary-initiated disenrollment request by phone made after 5 p.m. shall be processed the following business day and be effective no later than two business days after the request is processed. (3) A beneficiary who is disenrolled from the managed care health plan in the county from which he or she moved pursuant to paragraph (2) shall be entitled to the full scope of benefits for which he or she is entitled to in the new county through the fee-for-service delivery system until he or she is enrolled in a managed care health plan in the new county. (4) If the beneficiary moves to a county that provides Medi-Cal services through a county organized health system, the beneficiary shall be enrolled in that county organized health system plan on the first day of the following month once the new county of residence is reflected in the Medi-Cal Eligibility Data System. If a beneficiary moves to a county without a county organized health system, the usual health plan choice process shall apply. (f) Failure to report a move to a different county within the state in itself shall not constitute a basis for an overpayment. (g) (1) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services and the State Department of Social Services, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time regulations are adopted. The State Department of Health Care Services and the State Department of Social Services shall adopt regulations by July 1, 2021, 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. (2) Beginning June 1, 2017, and notwithstanding Section 10231.5 of the Government Code, the State Department of Health Care Services and the State Department of Social Services shall provide a status report on the adoption of the regulations 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. (i) This section shall become operative on June 1, 2017. SEC. 2. Section 11052.6 of the Welfare and Institutions Code is amended to read: 11052.6. (a) Notwithstanding any other law, the requirements of Section 11052.5 shall not apply to any caretaker relative when all of the following apply: (1) He or she is an approved relative pursuant to subdivision (d) of Section 309 caring for a child who is a dependent child of the court, and is receiving benefits under the CalWORKs program on behalf of the child. (2) The caretaker relative is changing residence from one county to another county and is applying for benefits in the new county on behalf of one or more related children who are current recipients of benefits under the CalWORKS Program under Chapter 2 (commencing with Section 11200) of Part 3. (3) The caretaker relative is not an applicant for or a recipient of benefits under the CalWORKS Program. (b) If the caretaker relative subsequently applies for benefits under the CalWORKS Program, he or she shall be subject to the requirements of Section 11052.5 that are applicable to that program. (c) The county CalWORKs program shall verify that the individual applying for benefits meets the criteria set forth in this section. (d) This section shall become inoperative on June 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. 3. Section 11053 of the Welfare and Institutions Code is amended to read: 11053. (a) It shall be the responsibility of a recipient changing residence from one county to another within the state to promptly notify the county paying aid to the recipient of the move and to apply for a redetermination of eligibility within the new county of residence. The first county shall notify the second county of the recipient’s move as soon as the recipient’s location in the second county is known. The county to which the recipient has moved will be responsible for determining the recipient’s continued eligibility for payment of aid and, to the extent possible, as determined by the Director of Health Services, eligibility for the Medi-Cal program, as of the first day of the month following 30 days after the first county has notified the second county of the recipient’s relocation. The first county shall provide the second county with copies of those documents, as specified by the department, necessary to establish current eligibility and grant amount. (b) This section shall become inoperative on June 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. 4. Section 11053.2 of the Welfare and Institutions Code is amended to read: 11053.2. (a) Notwithstanding any other law, the department shall establish a process of intercounty transfer of eligibility for CalFresh benefits provided under Chapter 10 (commencing with Section 18900) of Part 6 when a recipient changes residence from one county to another within the state. The intercounty transfer process shall facilitate a recipient’s move from one county to another without a break in benefits and without requiring a new application to be submitted to the new county of residence. (b) (1) For CalFresh recipients who are receiving CalWORKs benefits pursuant to Chapter 2 (commencing with Section 11200), the intercounty transfer process utilized for CalWORKs shall be used. (2) For CalFresh recipients who are receiving Medi-Cal benefits pursuant to Chapter 7 (commencing with Section 14000), but are not receiving CalWORKs benefits pursuant to Chapter 2 (commencing with Section 11200), the intercounty transfer process utilized for the Medi-Cal program shall be used. (3) This subdivision shall be implemented no later than April 1, 2011. (c) For CalFresh recipients who are not receiving CalWORKs or Medi-Cal benefits as described in paragraphs (1) and (2) of subdivision (b), an intercounty transfer process shall be developed, in consultation with representatives of county human services departments and advocates for recipients. To the greatest extent possible, the process shall be simple, client friendly, ensure the client does not need to provide copies of documents that were previously provided to the prior county of residence, build on existing processes for the programs described in paragraphs (1) and (2) of subdivision (b), and minimize workload for county eligibility operations. The process developed pursuant to this subdivision shall be implemented no later than July 1, 2011. (d) Upon the implementation of the intercounty transfer procedures set forth in this section, it shall be the responsibility of a recipient changing residence from one county to another within the state to notify his or her prior county of residence of his or her move. The prior county of residence shall notify the new county of the recipient’s move as soon as the recipient’s location in the new county is known. The new county of residence shall be responsible for determining the recipient’s continued eligibility for payment of CalFresh benefits. To the extent permitted by federal law, the new county of residence shall not be required to interview persons in the CalFresh household to determine continued eligibility until the next scheduled recertification or other regularly scheduled interview. (e) Notwithstanding 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 department may implement this section through all-county letters, or similar instructions from the director no later than April 1, 2011, with respect to subdivision (b), and no later than July 1, 2011, with respect to subdivision (c). (f) The department shall adopt regulations as otherwise necessary to implement this section no later than July 1, 2012. Emergency regulations adopted for implementation of this section may be adopted by the director 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 emergency regulations shall be deemed to be an emergency and necessary for immediate preservation of the public peace, health and safety, or general welfare. The emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days. (g) This section shall become inoperative on June 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. 5. Section 11102 of the Welfare and Institutions Code is amended to read: 11102. (a) County residence is not a qualification for aid under any public assistance program. (b) County responsibility for making aid payments is determined as follows: (1) The county where the applicant lives shall accept the application and shall be responsible for paying the aid. (2) Responsibility for payment of aid to any person qualifying for and receiving aid from any county, who moves to another county in this state to make his or her home, shall be transferred to the second county as soon as administratively possible, but not later than the first day of the month following 30 days after notification to the second county. (c) For purposes of public assistance the county in which an applicant or recipient lives is: (1) For a patient in a state hospital or institution, voluntary, nonprofit, or proprietary facility or other public or private institution, the county from which he or she was admitted. (2) For a person who has had to leave the county in which he or she normally lives, solely for the purpose of securing care not otherwise available to him or her in a medical facility, the county in which he or she last maintained a living arrangement outside a medical facility. (d) This section shall become inoperative on June 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. 6. Section 11102 is added to the Welfare and Institutions Code, to read: 11102. (a) County residence is not a qualification for aid under any public assistance program. (b) County responsibility for making aid payments is determined as follows: (1) The county where the applicant lives shall accept the application and shall be responsible for paying the aid. (2) Responsibility for payment of aid to a person qualifying for and receiving aid from a county, who moves to another county in this state to make his or her home, shall be transferred to the second county as soon as administratively possible pursuant to the requirements set forth in subdivision (a) of Section 10003. (c) For purposes of public assistance, the county where an applicant or recipient lives is determined as follows: (1) For a patient in a state hospital or institution, voluntary, nonprofit, or proprietary facility, or other public or private institution, the county where he or she was admitted. (2) For a person who has had to leave the county where he or she normally lives, solely for the purpose of securing care not otherwise available to him or her in a medical facility, the county where he or she last maintained a living arrangement outside a medical facility. (d) This section shall become operative on June 1, 2017. SEC. 7. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act. SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 3041.5 of the Penal Code is amended to read: 3041.5. (a) At all hearings for the purpose of reviewing an inmate’s parole suitability, or the setting, postponing, or rescinding of parole, with the exception of en banc review of tie votes, the following shall apply: (1) At least 10 days before any hearing by the Board of Parole Hearings, the inmate shall be permitted to review the file which will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file. (2) The inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the inmate nor the attorney for the inmate shall be entitled to ask questions of any person appearing at the hearing pursuant to subdivision (b) of Section 3043. (3) Unless legal counsel is required by some other law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision be presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures. (4) The inmate and any person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings. (5) If the hearing is for the purpose of postponing or rescinding parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932. (6) The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole. (b) (1) Within 10 days following any decision granting parole, the board shall send the inmate a written statement setting forth the reason or reasons for granting parole, the conditions he or she must meet in order to be released, and the consequences of failure to meet those conditions. (2) Within 20 days following any decision denying parole, the board shall send the inmate a written statement setting forth the reason or reasons for denying parole, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated. (3) The board shall schedule the next hearing, after considering the views and interests of the victim, as follows: (A) Fifteen years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than 10 additional years. (B) Ten years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than seven additional years. (C) Three years, five years, or seven years after any hearing at which parole is denied, because the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety requires a more lengthy period of incarceration for the inmate, but does not require a more lengthy period of incarceration for the inmate than seven additional years. (4) The board may in its discretion, after considering the views and interests of the victim, advance a hearing set pursuant to paragraph (3) to an earlier date, but not less than two years after a hearing at which parole was denied, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require the additional period of incarceration of the inmate provided in paragraph (3). (5) Within 10 days of any board action resulting in the rescinding of parole, the board shall send the inmate a written statement setting forth the reason or reasons for that action, and shall schedule the inmate’s next hearing in accordance with paragraph (3). (c) The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in but shall not be deemed to be binding upon subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in paragraph (1) of subdivision (b) of Section 3041. (d) (1) An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, with notice, upon request, and a copy to the victim which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate. (2) The board shall have sole jurisdiction, after considering the views and interests of the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b). (3) An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board.

Existing law, as amended by Proposition 9, the Victim’s Bill of Rights Act of 2008: Marsy’s Law, at the November 4, 2008, statewide general election, authorizes the Board of Parole Hearings, after considering the views and interests of the victim, to advance a parole hearing that was set after a hearing at which parole was denied to an earlier date when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require the prisoner to serve the additional period of incarceration required as a result of the previously set hearing date. Marsy’s Law authorizes the Legislature to amend its provisions by passing a statute with 3/4 of the membership of each house concurring, unless the amendments expand the scope of Marsy’s Law’s provisions, recognize additional rights of crime victims, or further the rights of crime victims, in which case the Legislature may amend its provisions by passing a statute with a majority vote of membership of each house concurring. This bill would prohibit the board from advancing a parole hearing to a date less than 2 years after a hearing at which parole was denied.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 3041.5 of the Penal Code is amended to read: 3041.5. (a) At all hearings for the purpose of reviewing an inmate’s parole suitability, or the setting, postponing, or rescinding of parole, with the exception of en banc review of tie votes, the following shall apply: (1) At least 10 days before any hearing by the Board of Parole Hearings, the inmate shall be permitted to review the file which will be examined by the board and shall have the opportunity to enter a written response to any material contained in the file. (2) The inmate shall be permitted to be present, to ask and answer questions, and to speak on his or her own behalf. Neither the inmate nor the attorney for the inmate shall be entitled to ask questions of any person appearing at the hearing pursuant to subdivision (b) of Section 3043. (3) Unless legal counsel is required by some other law, a person designated by the Department of Corrections and Rehabilitation shall be present to ensure that all facts relevant to the decision be presented, including, if necessary, contradictory assertions as to matters of fact that have not been resolved by departmental or other procedures. (4) The inmate and any person described in subdivision (b) of Section 3043 shall be permitted to request and receive a stenographic record of all proceedings. (5) If the hearing is for the purpose of postponing or rescinding parole, the inmate shall have the rights set forth in paragraphs (3) and (4) of subdivision (c) of Section 2932. (6) The board shall set a date to reconsider whether an inmate should be released on parole that ensures a meaningful consideration of whether the inmate is suitable for release on parole. (b) (1) Within 10 days following any decision granting parole, the board shall send the inmate a written statement setting forth the reason or reasons for granting parole, the conditions he or she must meet in order to be released, and the consequences of failure to meet those conditions. (2) Within 20 days following any decision denying parole, the board shall send the inmate a written statement setting forth the reason or reasons for denying parole, and suggest activities in which he or she might participate that will benefit him or her while he or she is incarcerated. (3) The board shall schedule the next hearing, after considering the views and interests of the victim, as follows: (A) Fifteen years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than 10 additional years. (B) Ten years after any hearing at which parole is denied, unless the board finds by clear and convincing evidence that the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety does not require a more lengthy period of incarceration for the inmate than seven additional years. (C) Three years, five years, or seven years after any hearing at which parole is denied, because the criteria relevant to the decision denying parole are such that consideration of the public and victim’s safety requires a more lengthy period of incarceration for the inmate, but does not require a more lengthy period of incarceration for the inmate than seven additional years. (4) The board may in its discretion, after considering the views and interests of the victim, advance a hearing set pursuant to paragraph (3) to an earlier date, but not less than two years after a hearing at which parole was denied, when a change in circumstances or new information establishes a reasonable likelihood that consideration of the public and victim’s safety does not require the additional period of incarceration of the inmate provided in paragraph (3). (5) Within 10 days of any board action resulting in the rescinding of parole, the board shall send the inmate a written statement setting forth the reason or reasons for that action, and shall schedule the inmate’s next hearing in accordance with paragraph (3). (c) The board shall conduct a parole hearing pursuant to this section as a de novo hearing. Findings made and conclusions reached in a prior parole hearing shall be considered in but shall not be deemed to be binding upon subsequent parole hearings for an inmate, but shall be subject to reconsideration based upon changed facts and circumstances. When conducting a hearing, the board shall admit the prior recorded or memorialized testimony or statement of a victim or witness, upon request of the victim or if the victim or witness has died or become unavailable. At each hearing the board shall determine the appropriate action to be taken based on the criteria set forth in paragraph (1) of subdivision (b) of Section 3041. (d) (1) An inmate may request that the board exercise its discretion to advance a hearing set pursuant to paragraph (3) of subdivision (b) to an earlier date, by submitting a written request to the board, with notice, upon request, and a copy to the victim which shall set forth the change in circumstances or new information that establishes a reasonable likelihood that consideration of the public safety does not require the additional period of incarceration of the inmate. (2) The board shall have sole jurisdiction, after considering the views and interests of the victim to determine whether to grant or deny a written request made pursuant to paragraph (1), and its decision shall be subject to review by a court or magistrate only for a manifest abuse of discretion by the board. The board shall have the power to summarily deny a request that does not comply with this subdivision or that does not set forth a change in circumstances or new information as required in paragraph (1) that in the judgment of the board is sufficient to justify the action described in paragraph (4) of subdivision (b). (3) An inmate may make only one written request as provided in paragraph (1) during each three-year period. Following either a summary denial of a request made pursuant to paragraph (1), or the decision of the board after a hearing described in subdivision (a) to deny parole, the inmate shall not be entitled to submit another request for a hearing pursuant to subdivision (a) until a three-year period of time has elapsed from the summary denial or decision of the board. ### Summary: This bill would amend Section 3041.5 of the Penal Code to require the Board of Parole Hearings to conduct a de novo hearing for inmates who

The people of the State of California do enact as follows: SECTION 1. Article 1.5 (commencing with Section 48929) is added to Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code, to read: Article 1.5. Transfer of Pupil Convicted of Violent Felony or Misdemeanor 48929. Notwithstanding any other law, the governing board of a school district may transfer to another school in that school district a pupil enrolled in that school district who has been convicted of a violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, or convicted of a misdemeanor listed in Section 29805 of the Penal Code if the pupil to be transferred and the victim of the crime for which the pupil was convicted are enrolled at the same school, subject to satisfaction of both of the following conditions: (a) The governing board of the school district has adopted a policy at a regularly scheduled meeting that contains all of the following provisions: (1) A requirement that the pupil and pupil’s parent or guardian be notified of the right to request a meeting with the school principal or designee of the school or school district. (2) A requirement that the school first attempt to resolve the conflict before transferring a pupil, including, but not limited to, using restorative justice, counseling, or other services. (3) Whether the decision to transfer a pupil is subject to periodic review and the procedure for conducting the review. (4) The process to be used by the governing board of the school district to consider and approve or disapprove of the recommendation of the school principal or other school or school district designee to transfer the pupil. (b) The governing board of the school district has provided notice of the policy to parents or guardians as part of the annual notification required pursuant to Section 48980. SEC. 2. Section 48980 of the Education Code is amended to read: 48980. (a) At the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or guardian of a minor pupil regarding the right or responsibility of the parent or guardian under Sections 35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, and 51938 and Chapter 2.3 (commencing with Section 32255) of Part 19 of Division 1 of Title 1. (b) The notification also shall advise the parent or guardian of the availability of individualized instruction as prescribed by Section 48206.3, and of the program prescribed by Article 9 (commencing with Section 49510) of Chapter 9. (c) The notification also shall advise the parents and guardians of all pupils attending a school within the school district of the schedule of minimum days and pupil-free staff development days, and if minimum or pupil-free staff development days are scheduled thereafter, the governing board of the school district shall notify parents and guardians of the affected pupils as early as possible, but not later than one month before the scheduled minimum or pupil-free day. (d) The notification also may advise the parent or guardian of the importance of investing for future college or university education for their children and of considering appropriate investment options, including, but not limited to, United States savings bonds. (e) The notification shall advise the parent or guardian of the pupil that each pupil completing grade 12 is required to successfully pass the high school exit examination administered pursuant to Chapter 9 (commencing with Section 60850) of Part 33. The notification shall include, at a minimum, the date of the examination and the requirements for passing the examination, and shall inform the parents and guardians regarding the consequences of not passing the examination and shall inform parents and guardians that passing the examination is a condition of graduation. (f) Each school district that elects to provide a fingerprinting program pursuant to Article 10 (commencing with Section 32390) of Chapter 3 of Part 19 of Division 1 of Title 1 shall inform parents or guardians of the program as specified in Section 32390. (g) The notification also shall include a copy of the written policy of the school district on sexual harassment established pursuant to Section 231.5, as it relates to pupils. (h) The notification shall advise the parent or guardian of all existing statutory attendance options and local attendance options available in the school district. This notification component shall include all options for meeting residency requirements for school attendance, programmatic options offered within the local attendance areas, and any special programmatic options available on both an interdistrict and intradistrict basis. This notification component also shall include a description of all options, a description of the procedure for application for alternative attendance areas or programs, an application form from the school district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance. The notification component also shall include an explanation of the existing statutory attendance options, including, but not limited to, those available under Section 35160.5, Chapter 5 (commencing with Section 46600) of Part 26, and subdivision (b) of Section 48204. The department shall produce this portion of the notification and shall distribute it to all school districts. (i) It is the intent of the Legislature that the governing board of each school district annually review the enrollment options available to the pupils within its district and that the school districts strive to make available enrollment options that meet the diverse needs, potential, and interests of the pupils of California. (j) The notification shall advise the parent or guardian that a pupil shall not have his or her grade reduced or lose academic credit for any absence or absences excused pursuant to Section 48205 if missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time, and shall include the full text of Section 48205. (k) The notification shall advise the parent or guardian of the availability of state funds to cover the costs of advanced placement examination fees pursuant to Section 52242. (l) The notification to the parent or guardian of a minor pupil enrolled in any of grades 9 to 12, inclusive, also shall include the information required pursuant to Section 51229. (m) If a school district elects to allow a career technical education course to satisfy the requirement imposed by subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, the school district shall include, in the notification required pursuant to this section, both of the following: (1) Information about the high school graduation requirements of the school district and how each requirement satisfies or does not satisfy the subject matter requirements for admission to the California State University and the University of California. (2) A complete list of career technical education courses offered by the school district that satisfy the subject matter requirements for admission to the California State University and the University of California, and which of the specific college admission requirements these courses satisfy. (n) A school district that elects to adopt a policy regarding the transfer of pupils pursuant to Article 1.5 (commencing with Section 48929) shall inform parents or guardians of the policy in the notification required pursuant to this section.

Existing law establishes a system of public elementary and secondary education in this state. Existing law establishes school districts throughout the state and authorizes these school districts to provide instruction at the elementary and secondary schools they operate and maintain. Existing law provides for the governance of these school districts through elected school district governing boards. This bill would authorize school district governing boards to transfer to another school in that school district pupils enrolled in that school district who have been convicted of violent felonies, as defined, or designated misdemeanors if the pupil to be transferred and the victim of the crime for which the pupil was convicted are enrolled at the same school, if certain requirements are satisfied, including, but not limited to, that the governing board of the school district adopts a policy and notifies parents or guardians of the policy as part of its annual notification to parents and guardians, as specified.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Article 1.5 (commencing with Section 48929) is added to Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code, to read: Article 1.5. Transfer of Pupil Convicted of Violent Felony or Misdemeanor 48929. Notwithstanding any other law, the governing board of a school district may transfer to another school in that school district a pupil enrolled in that school district who has been convicted of a violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, or convicted of a misdemeanor listed in Section 29805 of the Penal Code if the pupil to be transferred and the victim of the crime for which the pupil was convicted are enrolled at the same school, subject to satisfaction of both of the following conditions: (a) The governing board of the school district has adopted a policy at a regularly scheduled meeting that contains all of the following provisions: (1) A requirement that the pupil and pupil’s parent or guardian be notified of the right to request a meeting with the school principal or designee of the school or school district. (2) A requirement that the school first attempt to resolve the conflict before transferring a pupil, including, but not limited to, using restorative justice, counseling, or other services. (3) Whether the decision to transfer a pupil is subject to periodic review and the procedure for conducting the review. (4) The process to be used by the governing board of the school district to consider and approve or disapprove of the recommendation of the school principal or other school or school district designee to transfer the pupil. (b) The governing board of the school district has provided notice of the policy to parents or guardians as part of the annual notification required pursuant to Section 48980. SEC. 2. Section 48980 of the Education Code is amended to read: 48980. (a) At the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or guardian of a minor pupil regarding the right or responsibility of the parent or guardian under Sections 35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, and 51938 and Chapter 2.3 (commencing with Section 32255) of Part 19 of Division 1 of Title 1. (b) The notification also shall advise the parent or guardian of the availability of individualized instruction as prescribed by Section 48206.3, and of the program prescribed by Article 9 (commencing with Section 49510) of Chapter 9. (c) The notification also shall advise the parents and guardians of all pupils attending a school within the school district of the schedule of minimum days and pupil-free staff development days, and if minimum or pupil-free staff development days are scheduled thereafter, the governing board of the school district shall notify parents and guardians of the affected pupils as early as possible, but not later than one month before the scheduled minimum or pupil-free day. (d) The notification also may advise the parent or guardian of the importance of investing for future college or university education for their children and of considering appropriate investment options, including, but not limited to, United States savings bonds. (e) The notification shall advise the parent or guardian of the pupil that each pupil completing grade 12 is required to successfully pass the high school exit examination administered pursuant to Chapter 9 (commencing with Section 60850) of Part 33. The notification shall include, at a minimum, the date of the examination and the requirements for passing the examination, and shall inform the parents and guardians regarding the consequences of not passing the examination and shall inform parents and guardians that passing the examination is a condition of graduation. (f) Each school district that elects to provide a fingerprinting program pursuant to Article 10 (commencing with Section 32390) of Chapter 3 of Part 19 of Division 1 of Title 1 shall inform parents or guardians of the program as specified in Section 32390. (g) The notification also shall include a copy of the written policy of the school district on sexual harassment established pursuant to Section 231.5, as it relates to pupils. (h) The notification shall advise the parent or guardian of all existing statutory attendance options and local attendance options available in the school district. This notification component shall include all options for meeting residency requirements for school attendance, programmatic options offered within the local attendance areas, and any special programmatic options available on both an interdistrict and intradistrict basis. This notification component also shall include a description of all options, a description of the procedure for application for alternative attendance areas or programs, an application form from the school district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance. The notification component also shall include an explanation of the existing statutory attendance options, including, but not limited to, those available under Section 35160.5, Chapter 5 (commencing with Section 46600) of Part 26, and subdivision (b) of Section 48204. The department shall produce this portion of the notification and shall distribute it to all school districts. (i) It is the intent of the Legislature that the governing board of each school district annually review the enrollment options available to the pupils within its district and that the school districts strive to make available enrollment options that meet the diverse needs, potential, and interests of the pupils of California. (j) The notification shall advise the parent or guardian that a pupil shall not have his or her grade reduced or lose academic credit for any absence or absences excused pursuant to Section 48205 if missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time, and shall include the full text of Section 48205. (k) The notification shall advise the parent or guardian of the availability of state funds to cover the costs of advanced placement examination fees pursuant to Section 52242. (l) The notification to the parent or guardian of a minor pupil enrolled in any of grades 9 to 12, inclusive, also shall include the information required pursuant to Section 51229. (m) If a school district elects to allow a career technical education course to satisfy the requirement imposed by subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, the school district shall include, in the notification required pursuant to this section, both of the following: (1) Information about the high school graduation requirements of the school district and how each requirement satisfies or does not satisfy the subject matter requirements for admission to the California State University and the University of California. (2) A complete list of career technical education courses offered by the school district that satisfy the subject matter requirements for admission to the California State University and the University of California, and which of the specific college admission requirements these courses satisfy. (n) A school district that elects to adopt a policy regarding the transfer of pupils pursuant to Article 1.5 (commencing with Section 48929) shall inform parents or guardians of the policy in the notification required pursuant to this section. ### Summary: This text adds Article 1.5 (commencing with Section 48929) to Chapter 6 of Part 27 of Division

The people of the State of California do enact as follows: SECTION 1. It is the intent of the Legislature in enacting this act to develop additional data to better evaluate whether a combined-use highways system is workable in the County of Inyo. It is further the intent of the Legislature that no General Fund moneys be expended for the pilot project established by this act, and the project will be revenue neutral to the state. SEC. 2. Section 38026.1 of the Vehicle Code is amended to read: 38026.1. (a) Except as provided in subdivision (e), the County of Inyo may establish a pilot project to designate combined-use highways on unincorporated county roads in the county for no more than 10 miles so that the combined-use highways can be used to link existing off-highway motor vehicle trails and trailheads on federal Bureau of Land Management or United States Forest Service lands, and to link off-highway motor vehicle recreational-use areas with necessary service and lodging facilities, in order to provide a unified system of trails for off-highway motor vehicles, preserve traffic safety, improve natural resource protection, reduce off-highway vehicle trespass on private land, and minimize impacts on county residents. (b) A pilot project established pursuant to this section shall do all of the following: (1) Prescribe a procedure for highway, road, or route selection and designation. The procedure shall be approved by a vote of a majority of the county’s board of supervisors. (2) Prescribe a procedure for the county to remove a combined-use designation, including a designation that is removed as a result of the conclusion of the pilot program. (3) In cooperation with the Department of Transportation, establish uniform specifications and symbols for signs, markers, and traffic control devices to control off-highway motor vehicles, including, but not limited to, the following: (A) Devices to warn of dangerous conditions, obstacles, or hazards. (B) Designations of the right-of-way for regular vehicular traffic and off-highway motor vehicles. (C) A description of the nature and destination of the off-highway motor vehicle trail. (D) Warning signs for pedestrians and motorists of the presence of off-highway motor vehicle traffic. (4) Require that off-highway motor vehicles subject to the pilot project meet the safety requirements of federal and state law regarding proper drivers’ licensing, helmet usage, and the requirements pursuant to Section 38026.5. (5) Prohibit off-highway motor vehicles from traveling faster than 35 miles per hour on highways designated under this section. (6) (A) Prohibit a combined-use highway road segment designated under this section from exceeding 10 miles. (B) Notwithstanding subparagraph (A), two or more combined-use highway road segments may share a common starting point or ending point and may partially overlap as long as the resulting network of the highway road segments does not include more than three distinct locations of shared starting or ending points, or both. (7) Include an opportunity for public comment at a public hearing held by the county in order to evaluate the pilot project. (c) A pilot project established pursuant to this section may include use of a state highway, subject to the approval of the Department of Transportation, or any crossing of a highway designated pursuant to Section 38025. (d) (1) By selecting and designating a highway for combined use pursuant to this section, the county agrees to defend and indemnify the state against any and all claims, including legal defense and liability arising from a claim, for any safety-related losses or injuries arising or resulting from use by off-highway motor vehicles of a highway designated as a combined-use highway by the county’s board of supervisors pursuant to this section. (2) This subdivision does not alter the requirements of subdivision (e). (e) The county shall not designate a highway for combined use pursuant to this section unless the Commissioner of the Department of the California Highway Patrol finds that designating the highway for combined use would not create a potential traffic safety hazard. (f) Not later than January 1, 2019, the County of Inyo, in consultation with the Department of the California Highway Patrol, the Department of Transportation, and the Department of Parks and Recreation, shall prepare and submit to the Legislature a report evaluating the pilot project, and containing all of the following: (1) A description of the road segments designated to allow combined use for over three miles, as approved or adopted by a majority vote of the members of the Inyo County Board of Supervisors. (2) An evaluation of the overall safety and effectiveness of the pilot project, including its impact on traffic flows, safety, off-highway vehicle usage on existing trails, incursions into areas not designated for off-highway vehicle usage, and nonmotorized recreation. (3) A description of the public comments received at a public hearing held by the county in regards to an evaluation of the pilot project. (g) (1) A report submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code. (2) 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 authorizes an off-highway motor vehicle that has been issued a plate or device to be operated or driven upon a highway under certain circumstances. Existing law authorizes various public entities, and the Director of Parks and Recreation, to designate a highway, or portion thereof, for the combined use of regular vehicular traffic and off-highway motor vehicles if certain requirements are met. Existing law prohibits a highway from being designated for this combined use for a distance of more than 3 miles. Existing law, until January 1, 2017, authorizes the County of Inyo to establish a pilot project that would exempt specified combined-use highways in the unincorporated area in the County of Inyo from this prohibition to link together existing roads in the unincorporated portion of the county to existing trails and trailheads on federal Bureau of Land Management or United States Forest Service lands in order to provide a unified linkage of trail systems for off-highway motor vehicles, as prescribed. Existing law requires the County of Inyo, in consultation with the Department of the California Highway Patrol, the Department of Transportation, and the Department of Parks and Recreation, to prepare and submit to the Legislature a report evaluating the effectiveness of the pilot project by January 1, 2016, as specified. This bill would extend the operation of these provisions until January 1, 2020, and would extend the reporting deadline until January 1, 2019. For purposes of the pilot project described above, the bill would prohibit a combined-use highway road segment from exceeding 10 miles, except as specified.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. It is the intent of the Legislature in enacting this act to develop additional data to better evaluate whether a combined-use highways system is workable in the County of Inyo. It is further the intent of the Legislature that no General Fund moneys be expended for the pilot project established by this act, and the project will be revenue neutral to the state. SEC. 2. Section 38026.1 of the Vehicle Code is amended to read: 38026.1. (a) Except as provided in subdivision (e), the County of Inyo may establish a pilot project to designate combined-use highways on unincorporated county roads in the county for no more than 10 miles so that the combined-use highways can be used to link existing off-highway motor vehicle trails and trailheads on federal Bureau of Land Management or United States Forest Service lands, and to link off-highway motor vehicle recreational-use areas with necessary service and lodging facilities, in order to provide a unified system of trails for off-highway motor vehicles, preserve traffic safety, improve natural resource protection, reduce off-highway vehicle trespass on private land, and minimize impacts on county residents. (b) A pilot project established pursuant to this section shall do all of the following: (1) Prescribe a procedure for highway, road, or route selection and designation. The procedure shall be approved by a vote of a majority of the county’s board of supervisors. (2) Prescribe a procedure for the county to remove a combined-use designation, including a designation that is removed as a result of the conclusion of the pilot program. (3) In cooperation with the Department of Transportation, establish uniform specifications and symbols for signs, markers, and traffic control devices to control off-highway motor vehicles, including, but not limited to, the following: (A) Devices to warn of dangerous conditions, obstacles, or hazards. (B) Designations of the right-of-way for regular vehicular traffic and off-highway motor vehicles. (C) A description of the nature and destination of the off-highway motor vehicle trail. (D) Warning signs for pedestrians and motorists of the presence of off-highway motor vehicle traffic. (4) Require that off-highway motor vehicles subject to the pilot project meet the safety requirements of federal and state law regarding proper drivers’ licensing, helmet usage, and the requirements pursuant to Section 38026.5. (5) Prohibit off-highway motor vehicles from traveling faster than 35 miles per hour on highways designated under this section. (6) (A) Prohibit a combined-use highway road segment designated under this section from exceeding 10 miles. (B) Notwithstanding subparagraph (A), two or more combined-use highway road segments may share a common starting point or ending point and may partially overlap as long as the resulting network of the highway road segments does not include more than three distinct locations of shared starting or ending points, or both. (7) Include an opportunity for public comment at a public hearing held by the county in order to evaluate the pilot project. (c) A pilot project established pursuant to this section may include use of a state highway, subject to the approval of the Department of Transportation, or any crossing of a highway designated pursuant to Section 38025. (d) (1) By selecting and designating a highway for combined use pursuant to this section, the county agrees to defend and indemnify the state against any and all claims, including legal defense and liability arising from a claim, for any safety-related losses or injuries arising or resulting from use by off-highway motor vehicles of a highway designated as a combined-use highway by the county’s board of supervisors pursuant to this section. (2) This subdivision does not alter the requirements of subdivision (e). (e) The county shall not designate a highway for combined use pursuant to this section unless the Commissioner of the Department of the California Highway Patrol finds that designating the highway for combined use would not create a potential traffic safety hazard. (f) Not later than January 1, 2019, the County of Inyo, in consultation with the Department of the California Highway Patrol, the Department of Transportation, and the Department of Parks and Recreation, shall prepare and submit to the Legislature a report evaluating the pilot project, and containing all of the following: (1) A description of the road segments designated to allow combined use for over three miles, as approved or adopted by a majority vote of the members of the Inyo County Board of Supervisors. (2) An evaluation of the overall safety and effectiveness of the pilot project, including its impact on traffic flows, safety, off-highway vehicle usage on existing trails, incursions into areas not designated for off-highway vehicle usage, and nonmotorized recreation. (3) A description of the public comments received at a public hearing held by the county in regards to an evaluation of the pilot project. (g) (1) A report submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code. (2) 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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 51283 of the Government Code is amended to read: 51283. (a) Prior to any action by the board or council giving tentative approval to the cancellation of any contract, the county assessor of the county in which the land is located shall determine the current fair market value of the land as though it were free of the contractual restriction. The assessor shall certify to the board or council the cancellation valuation of the land for the purpose of determining the cancellation fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the land as though it were free of the contractual restriction and advise the parties, that parties that, upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it that information as confidential and return or destroy any protected information upon termination of all actions relating to valuation or cancellation of the contract on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor. (b) Prior to giving tentative approval to the cancellation of any contract, the board or council shall determine and certify to the county auditor the amount of the cancellation fee that the landowner shall pay the county treasurer upon cancellation. That fee shall be an amount equal to 12 1/2 percent of the cancellation valuation of the property. (c) If it finds that it is in the public interest to do so, the board or council may waive any payment or any portion of a payment by the landowner, or may extend the time for making the payment or a portion of the payment contingent upon the future use made of the land and its economic return to the landowner for a period of time not to exceed the unexpired period of the contract, had it not been canceled, if all of the following occur: (1) The cancellation is caused by an involuntary transfer or change in the use which that may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which that produces a greater economic return to the owner. (2) The board or council has determined that it is in the best interests of the program to conserve agricultural land use that the payment be either deferred or is not required. (3) The waiver or extension of time is approved by the Secretary of the Natural Resources Agency. The secretary shall approve a waiver or extension of time if the secretary finds that the granting of the waiver or extension of time by the board or council is consistent with the policies of this chapter and that the board or council complied with this article. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the board or council, the evidence in the record of the board or council, and any other evidence the secretary may receive concerning the cancellation, waiver, or extension of time. (d) The first two million five hundred thirty-six thousand dollars ($2,536,000) of revenue paid to the Controller pursuant to subdivision (e) in the 2004–05 fiscal year, and any other amount as approved in the final Budget Act for each fiscal year thereafter, shall be deposited in the Soil Conservation Fund, which is continued in existence. The money in the fund is available, when appropriated upon appropriation by the Legislature, for the support of all of the following: (1) The cost of the farmlands mapping and monitoring program of the Department of Conservation pursuant to Section 65570. (2) The soil conservation program identified in Section 614 of the Public Resources Code. (3) Program support costs of this chapter as administered by the Department of Conservation. (4) Program support costs incurred by the Department of Conservation in administering the open-space subvention program (Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2). (5) The costs to the Department of Conservation for administering Section 51250. (6) Competitive grants and financial assistance to resource conservation districts pursuant to Section 10247 of the Public Resources Code, subject to the condition specified in subdivision (b) of Section 10247 of the Public Resources Code. (e) When cancellation fees required by this section are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (d) of this section and subdivision (b) of Section 51203. The funds collected by the county treasurer with respect to each cancellation of a contract shall be transmitted to the Controller within 30 days of the execution of a certificate of cancellation of contract by the board or council, as specified in subdivision (b) of Section 51283.4. (f) It is the intent of the Legislature that fees paid to cancel a contract do not constitute taxes but are payments that, when made, provide a private benefit that tends to increase the value of the property. SEC. 2. Section 10247 is added to the Public Resources Code, to read: 10247. (a) The department shall establish a competitive grant program to provide grants and financial assistance to resource conservation districts to aid in the implementation of state programs or projects that improve soil conservation, carbon sequestration in soil, or moisture retention in soil, or other types of projects that improve the quality of agricultural and related land resources. (b) Funding pursuant to paragraph (6) of subdivision (d) of Section 51283 of the Government Code shall not be available for purposes of subdivision (a) unless the programs and costs specified in paragraphs (1) to (5), inclusive, of subdivision (d) of Section 51283 of the Government Code first receive all necessary funding. SECTION 1. Section 4214 of the Public Resources Code is amended to read: 4214. (a)Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows: (1)The State Board of Equalization shall retain moneys necessary for the payment of refunds pursuant to Section 4228 and reimbursement of the State Board of Equalization for expenses incurred in the collection of the fee. (2)The moneys collected, other than those retained by the State Board of Equalization pursuant to paragraph (1), shall be deposited into the State Responsibility Area Fire Prevention Fund, which is hereby created in the State Treasury, and shall be available to the board and the department to expend for fire prevention activities specified in subdivision (d) that benefit the owners of habitable structures within a state responsibility area who are required to pay the fire prevention fee. The amount expended to benefit the owners of habitable structures within a state responsibility area shall be commensurate with the amount collected from the owners within that state responsibility area. All moneys in excess of the costs of administration of the board and the department shall be expended only for fire prevention activities in counties with state responsibility areas. (b)The fund may also be used to cover the costs of administering this chapter. (c)It is the intent of the Legislature that the moneys in this fund be fully appropriated to the board and the department each year in order to effectuate the purposes of this chapter. (d)Moneys in the fund shall be used only for the following fire prevention activities, which shall benefit owners of habitable structures within the state responsibility areas who are required to pay the annual fire prevention fee pursuant to this chapter: (1)Local assistance grants pursuant to subdivision (e). (2)Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the state responsibility areas. (3)Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the state responsibility areas. The department may establish other qualifying criteria. (4)Inspections by the department for compliance with defensible space requirements around habitable structures in state responsibility areas as required by Section 4291. (5)Public education to reduce fire risk in the state responsibility areas. (6)Fire severity and fire hazard mapping by the department in the state responsibility areas. (7)Other fire prevention projects in the state responsibility areas, authorized by the board. (e)(1)The board shall establish a local assistance grant program for fire prevention activities designed to benefit habitable structures within state responsibility areas, including public education, that are provided by counties and other local agencies, including special districts, with state responsibility areas within their jurisdictions. (2)In order to ensure an equitable distribution of funds, the amount of each grant shall be based on the number of habitable structures in state responsibility areas for which the applicant is legally responsible and the amount of moneys made available in the annual Budget Act for this local assistance grant program. (f)By January 31, 2015, and annually thereafter, the board shall submit to the Legislature a written report on the status and uses of the fund pursuant to this chapter. The written report shall also include an evaluation of the benefits received by counties based on the number of habitable structures in state responsibility areas within their jurisdictions, the effectiveness of the board’s grant programs, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, measures to increase compliance, if any, and any recommendations to the Legislature. (g)(1)The requirement for submitting a report imposed under subdivision (f) is inoperative on January 31, 2022. (2)A report to be submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code. (h)It is essential that this article be implemented without delay. To permit timely implementation, the department may contract for services related to the establishment of the fire prevention fee collection process. For this purpose only, and for a period not to exceed 24 months, the provisions of the Public Contract Code or any other provision of law related to public contracting shall not apply.

Existing law establishes the California Land Conservation Act of 1965, otherwise known as the Williamson Act, and authorizes a city or county to enter into 10-year contracts with owners of land devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation, as specified. Existing law provides a procedure to cancel a contract entered into under these provisions, and provides that the landowner and the Department of Conservation may agree on the cancellation value of the land. Existing law requires cancellation fees, when they are required to be collected, to be transmitted by the county treasurer to the Controller and deposited in the General Fund, except the first $2,536,000 of revenue paid to the Controller in the 2004–05 fiscal year, and any amount approved in the final Budget Act for each fiscal year thereafter, is required to be deposited in the Soil Conservation Fund, and as otherwise specified. Existing law provides that the money in the Soil Conservation Fund is available, when appropriated by the Legislature, for specified programs and administrative costs. This bill would provide that the money in the Soil Conservation Fund is available, upon appropriation by the Legislature, additionally for competitive grants and financial assistance to resource conservation districts to aid in the implementation of state programs or projects that improve soil conservation, carbon sequestration in soil, or moisture retention in soil, or other types of projects that improve the quality of agricultural and related land resources, subject to a specified condition. The bill would require the Department of Conservation to establish this competitive grant program. Existing law requires the State Board of Forestry and Fire Protection to establish a fire prevention fee in an amount not to exceed $150 to be charged on each habitable structure on a parcel that is within a state responsibility area. Existing law requires the fee moneys to be expended, upon appropriation, in specified ways, including to reimburse the State Board of Equalization’s expenses incurred in the collection of the fee and to the State Board of Forestry and Fire Protection and to the Department of Forestry and Fire Protection for administration purposes, with excess money being expended only for specified fire prevention activities, as provided. Existing law, until January 31, 2017, requires the board to submit an annual written report to the Legislature on the status of the uses of the fee moneys. This bill would continue that requirement until January 31, 2022.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 51283 of the Government Code is amended to read: 51283. (a) Prior to any action by the board or council giving tentative approval to the cancellation of any contract, the county assessor of the county in which the land is located shall determine the current fair market value of the land as though it were free of the contractual restriction. The assessor shall certify to the board or council the cancellation valuation of the land for the purpose of determining the cancellation fee. At the same time, the assessor shall send a notice to the landowner and the Department of Conservation indicating the current fair market value of the land as though it were free of the contractual restriction and advise the parties, that parties that, upon their request, the assessor shall provide all information relevant to the valuation, excluding third-party information. If any information is confidential or otherwise protected from release, the department and the landowner shall hold it that information as confidential and return or destroy any protected information upon termination of all actions relating to valuation or cancellation of the contract on the property. The notice shall also advise the landowner and the department of the opportunity to request formal review from the assessor. (b) Prior to giving tentative approval to the cancellation of any contract, the board or council shall determine and certify to the county auditor the amount of the cancellation fee that the landowner shall pay the county treasurer upon cancellation. That fee shall be an amount equal to 12 1/2 percent of the cancellation valuation of the property. (c) If it finds that it is in the public interest to do so, the board or council may waive any payment or any portion of a payment by the landowner, or may extend the time for making the payment or a portion of the payment contingent upon the future use made of the land and its economic return to the landowner for a period of time not to exceed the unexpired period of the contract, had it not been canceled, if all of the following occur: (1) The cancellation is caused by an involuntary transfer or change in the use which that may be made of the land and the land is not immediately suitable, nor will be immediately used, for a purpose which that produces a greater economic return to the owner. (2) The board or council has determined that it is in the best interests of the program to conserve agricultural land use that the payment be either deferred or is not required. (3) The waiver or extension of time is approved by the Secretary of the Natural Resources Agency. The secretary shall approve a waiver or extension of time if the secretary finds that the granting of the waiver or extension of time by the board or council is consistent with the policies of this chapter and that the board or council complied with this article. In evaluating a request for a waiver or extension of time, the secretary shall review the findings of the board or council, the evidence in the record of the board or council, and any other evidence the secretary may receive concerning the cancellation, waiver, or extension of time. (d) The first two million five hundred thirty-six thousand dollars ($2,536,000) of revenue paid to the Controller pursuant to subdivision (e) in the 2004–05 fiscal year, and any other amount as approved in the final Budget Act for each fiscal year thereafter, shall be deposited in the Soil Conservation Fund, which is continued in existence. The money in the fund is available, when appropriated upon appropriation by the Legislature, for the support of all of the following: (1) The cost of the farmlands mapping and monitoring program of the Department of Conservation pursuant to Section 65570. (2) The soil conservation program identified in Section 614 of the Public Resources Code. (3) Program support costs of this chapter as administered by the Department of Conservation. (4) Program support costs incurred by the Department of Conservation in administering the open-space subvention program (Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2). (5) The costs to the Department of Conservation for administering Section 51250. (6) Competitive grants and financial assistance to resource conservation districts pursuant to Section 10247 of the Public Resources Code, subject to the condition specified in subdivision (b) of Section 10247 of the Public Resources Code. (e) When cancellation fees required by this section are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (d) of this section and subdivision (b) of Section 51203. The funds collected by the county treasurer with respect to each cancellation of a contract shall be transmitted to the Controller within 30 days of the execution of a certificate of cancellation of contract by the board or council, as specified in subdivision (b) of Section 51283.4. (f) It is the intent of the Legislature that fees paid to cancel a contract do not constitute taxes but are payments that, when made, provide a private benefit that tends to increase the value of the property. SEC. 2. Section 10247 is added to the Public Resources Code, to read: 10247. (a) The department shall establish a competitive grant program to provide grants and financial assistance to resource conservation districts to aid in the implementation of state programs or projects that improve soil conservation, carbon sequestration in soil, or moisture retention in soil, or other types of projects that improve the quality of agricultural and related land resources. (b) Funding pursuant to paragraph (6) of subdivision (d) of Section 51283 of the Government Code shall not be available for purposes of subdivision (a) unless the programs and costs specified in paragraphs (1) to (5), inclusive, of subdivision (d) of Section 51283 of the Government Code first receive all necessary funding. SECTION 1. Section 4214 of the Public Resources Code is amended to read: 4214. (a)Fire prevention fees collected pursuant to this chapter shall be expended, upon appropriation by the Legislature, as follows: (1)The State Board of Equalization shall retain moneys necessary for the payment of refunds pursuant to Section 4228 and reimbursement of the State Board of Equalization for expenses incurred in the collection of the fee. (2)The moneys collected, other than those retained by the State Board of Equalization pursuant to paragraph (1), shall be deposited into the State Responsibility Area Fire Prevention Fund, which is hereby created in the State Treasury, and shall be available to the board and the department to expend for fire prevention activities specified in subdivision (d) that benefit the owners of habitable structures within a state responsibility area who are required to pay the fire prevention fee. The amount expended to benefit the owners of habitable structures within a state responsibility area shall be commensurate with the amount collected from the owners within that state responsibility area. All moneys in excess of the costs of administration of the board and the department shall be expended only for fire prevention activities in counties with state responsibility areas. (b)The fund may also be used to cover the costs of administering this chapter. (c)It is the intent of the Legislature that the moneys in this fund be fully appropriated to the board and the department each year in order to effectuate the purposes of this chapter. (d)Moneys in the fund shall be used only for the following fire prevention activities, which shall benefit owners of habitable structures within the state responsibility areas who are required to pay the annual fire prevention fee pursuant to this chapter: (1)Local assistance grants pursuant to subdivision (e). (2)Grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps for fire prevention projects and activities in the state responsibility areas. (3)Grants to a qualified nonprofit organization with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project applicable to the state responsibility areas. The department may establish other qualifying criteria. (4)Inspections by the department for compliance with defensible space requirements around habitable structures in state responsibility areas as required by Section 4291. (5)Public education to reduce fire risk in the state responsibility areas. (6)Fire severity and fire hazard mapping by the department in the state responsibility areas. (7)Other fire prevention projects in the state responsibility areas, authorized by the board. (e)(1)The board shall establish a local assistance grant program for fire prevention activities designed to benefit habitable structures within state responsibility areas, including public education, that are provided by counties and other local agencies, including special districts, with state responsibility areas within their jurisdictions. (2)In order to ensure an equitable distribution of funds, the amount of each grant shall be based on the number of habitable structures in state responsibility areas for which the applicant is legally responsible and the amount of moneys made available in the annual Budget Act for this local assistance grant program. (f)By January 31, 2015, and annually thereafter, the board shall submit to the Legislature a written report on the status and uses of the fund pursuant to this chapter. The written report shall also include an evaluation of the benefits received by counties based on the number of habitable structures in state responsibility areas within their jurisdictions, the effectiveness of the board’s grant programs, the number of defensible space inspections in the reporting period, the degree of compliance with defensible space requirements, measures to increase compliance, if any, and any recommendations to the Legislature. (g)(1)The requirement for submitting a report imposed under subdivision (f) is inoperative on January 31, 2022. (2)A report to be submitted pursuant to subdivision (f) shall be submitted in compliance with Section 9795 of the Government Code. (h)It is essential that this article be implemented without delay. To permit timely implementation, the department may contract for services related to the establishment of the fire prevention fee collection process. For this purpose only, and for a period not to exceed 24 months, the provisions of the Public Contract Code or any other provision of law related to public contracting shall not apply. ### Summary: This bill would amend Sections 51283 and 10247 of the Government Code and Section 4214 of the Public

The people of the State of California do enact as follows: SECTION 1. Section 84601 of the Government Code is amended to read: 84601. The Legislature finds and declares as follows: (a) The people of California enacted one of the nation’s most comprehensive campaign and lobbying financial disclosure laws when they voted for Proposition 9, the Political Reform Act of 1974, an initiative statute. (b) Public access to campaign and lobbying disclosure information is a vital and integral component of a fully informed electorate. (c) Advances in technology have made it necessary for the State of California to develop a new, data-driven online filing and disclosure system that provides public disclosure of campaign finance and lobbying information in a user-friendly, easily understandable format. (d) Members of the public, including voters, journalists, and researchers, should be able to access campaign finance and lobbying information in a robust and flexible manner, including through searches and visual displays such as graphs and maps. SEC. 2. Section 84602 of the Government Code is amended to read: 84602. (a) To implement the Legislature’s intent, the Secretary of State, in consultation with the Commission, notwithstanding any other provision of this code, shall do all of the following: (1) Develop online and electronic filing processes for use by persons and entities specified in Section 84605 that are required to file statements and reports with the Secretary of State’s office pursuant to Chapter 4 (commencing with Section 84100) and Chapter 6 (commencing with Section 86100). Those processes shall each enable a user to comply with all of the disclosure requirements of this title and shall include, at a minimum, both of the following: (A) A means or method whereby filers subject to this chapter may submit required filings free of charge. Any means or method developed pursuant to this subparagraph shall not provide any additional or enhanced functions or services that exceed the minimum requirements necessary to fulfill the disclosure provisions of this title. At least one means or method shall be made available no later than December 31, 2002. (B) The definition of a nonproprietary standardized record format or formats using industry standards for the transmission of the data that is required of those persons and entities specified in Section 84605 and that conforms with the disclosure requirements of this title. The Secretary of State shall hold public hearings before development of the record format or formats as a means to ensure that affected entities have an opportunity to provide input into the development process. The format or formats shall be made public no later than July 1, 1999, to ensure sufficient time to comply with this chapter. (2) Accept test files from software vendors and others wishing to file reports electronically, for the purpose of determining whether the file format is in compliance with the standardized record format developed pursuant to paragraph (1) and is compatible with the Secretary of State’s system for receiving the data. A list of the software and service providers who have submitted acceptable test files shall be published by the Secretary of State and made available to the public. Acceptably formatted files shall be submitted by a filer in order to meet the requirements of this chapter. (3) Develop a system that provides for the online or electronic transfer of the data specified in this section using telecommunications technology that ensures the integrity of the data transmitted and that creates safeguards against efforts to tamper with or subvert the data. (4) Make all the data filed available on the Internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. All late contribution and late independent expenditure reports, as defined by Sections 84203 and 84204, respectively, shall be made available on the Internet within 24 hours of receipt. The data made available on the Internet shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed pursuant to this title. (5) Develop a procedure for filers to comply with the requirement that they sign under penalty of perjury pursuant to Section 81004. (6) Maintain all filed data online for 10 years after the date it is filed, and then archive the information in a secure format. (7) Provide assistance to those seeking public access to the information. (8) Implement sufficient technology to seek to prevent unauthorized alteration or manipulation of the data. (9) Provide the Commission with necessary information to enable it to assist agencies, public officials, and others with the compliance with, and administration of, this title. (10) Report to the Legislature on the implementation and development of the online and electronic filing and disclosure requirements of this chapter. The report shall include an examination of system security, private security issues, software availability, compliance costs to filers, use of the filing system and software provided by the Secretary of State, and other issues relating to this chapter, and shall recommend appropriate changes if necessary. In preparing the report, the Commission may present to the Secretary of State and the Legislature its comments regarding this chapter as it relates to the duties of the Commission and suggest appropriate changes if necessary. There shall be one report due before the system is operational as set forth in Section 84603, one report due no later than June 1, 2002, and one report due no later than January 31, 2003. (11) Review the current filing and disclosure requirements of this chapter and report to the Legislature, no later than June 1, 2005, recommendations on revising these requirements so as to promote greater reliance on electronic and online submissions. (b) (1) To implement the Legislature’s intent, as described in Section 84601, the Secretary of State, in consultation with the Commission, shall develop an online filing and disclosure system for use by persons and entities specified in Section 84605 that are required to file statements and reports with the Secretary of State’s office pursuant to Chapter 4 (commencing with Section 84100) and Chapter 6 (commencing with Section 86100). The system shall enable a user to comply with all of the disclosure requirements of this title and shall include, at minimum, all of the following: (A) A data-driven means or method that allows filers subject to this chapter to submit required filings free of charge in a manner that facilitates public searches of the data and does all of the following: (i) Enables a filer to comply with all of the disclosure requirements of this title, including by entering or uploading requisite data or by indicating that the filer had no reportable activity during a particular reporting period. (ii) Retains previously submitted data so that a filer can access that data to amend disclosures or prepare future disclosures. (iii) Ensures the security of data entered and stored in the system. (iv) To the extent feasible, is compatible with potential future capability to accept statements from filers specified in subdivisions (b) to (e), inclusive, of Section 84215. (B) The definition of a nonproprietary standardized record format or formats using industry standards for the transmission of the data that is required of those persons and entities specified in Section 84605 and that conforms with the disclosure requirements of this title. (2) The Secretary of State shall do all of the following with respect to the online filing and disclosure system developed pursuant to this subdivision: (A) Accept test files from software vendors and others wishing to file reports electronically for the purpose of determining whether the file format is in compliance with the standardized record format developed pursuant to this subdivision and is compatible with the Secretary of State’s system for receiving the data. The Secretary of State shall publish and make available to the public a list of the software and service providers who have submitted acceptable test files. A filer shall submit acceptably formatted files in order to meet the requirements of this chapter. (B) Make the data filed available on the Internet as follows: (i) In a user-friendly, easily understandable format that provides the greatest public access, including online searches and machine-readable downloads of all data contained in the system, except as specified in clause (iii). (ii) Free of charge and as soon as possible after receipt, or, in the case of late contribution, late in-kind contribution, and late independent expenditure reports, as defined by Sections 84203, 84203.3, and 84204, respectively, within 24 hours of receipt. (iii) Not containing the street name or building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed pursuant to this title. (iv) In a manner that allows the public to track and aggregate contributions from the same contributor across filers using a permanent unique identifier assigned by the Secretary of State for this purpose. The Secretary of State shall assign this identifier to, at minimum, each contributor who makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to, or at the behest of, candidates or committees that file electronically with the Secretary of State pursuant to subdivision (a) of Section 84215 or who files with the Secretary of State as a major donor committee under subdivision (c) of Section 82013. (C) Develop a procedure for filers to comply electronically with the requirement to sign under penalty of perjury pursuant to Section 81004. The electronic signature procedure shall allow the filer to file with the Secretary of State and shall not require an original signature to be filed. (D) Maintain all filed data online for at least 20 years after the date it is filed, and then archive the information in a secure format. (E) Provide assistance to those seeking public access to the information. (F) Implement sufficient technology to seek to prevent unauthorized alteration or manipulation of the data. (G) Provide the Commission with necessary information to enable it to assist agencies, public officials, and others in complying with and administering this title. (3) The Secretary of State shall do all of the following with respect to developing the online filing and disclosure system and record format pursuant to this subdivision: (A) Consult with the Assembly Committee on Elections and Redistricting, the Senate Committee on Elections and Constitutional Amendments, the Commission, users, filers, and other stakeholders, as appropriate, about functions of the online filing and disclosure system. (B) In consultation with the Commission, and no later than July 31, 2017, hold at least one public hearing to receive input about developing the online filing and disclosure system and record format. (C) No later than December 31, 2017, submit a report to the Assembly Committee on Elections and Redistricting and the Senate Committee on Elections and Constitutional Amendments that includes a plan for the online filing and disclosure system, describes how members of the public will be able to query and retrieve data from the system, and includes a plan for integrating statements as specified in clause (iv) of subparagraph (A) of paragraph (1). (4) The Secretary of State shall make the online filing and disclosure system developed pursuant to this subdivision available for use no later than February 1, 2019. The Secretary of State may extend this date to a date no later than December 31, 2019, after consulting with the Assembly Committee on Elections and Redistricting and the Senate Committee on Elections and Constitutional Amendments and providing to those committees a report that explains the need for the extension and includes a plan for completion. (5) The Secretary of State may accept any funds, services, equipment, or grants to further this subdivision, provided that the Secretary of State shall notify the Assembly Committee on Elections and Redistricting and the Senate Committee on Elections and Constitutional Amendments upon accepting any amount valued at one hundred thousand dollars ($100,000) or more. (6) Because the provisions of this chapter need to be implemented as expeditiously as possible, the information technology procurement requirements described in Chapter 5.6 (commencing with Section 11545) of Part 1 of Division 3 of Title 2 of this code, and in Section 12100 of the Public Contract Code, do not apply to development of the online filing and disclosure system pursuant to this subdivision. The Secretary of State shall consult with the Department of Technology, as appropriate, in developing the online filing and disclosure system, in order to maximize project success, minimize lifecycle costs, and ensure the security of the system and its data. (7) (A) Before making the system developed pursuant to this subdivision available for public use, the Secretary of State, in consultation with the Commission, shall test the system to ensure its functionality and then certify that the system meets all the requirements of this subdivision. The Secretary of State may consult with the Department of Technology as needed to fulfill his or her duties under this paragraph. (B) After the system developed pursuant to this subdivision is certified, the system described in subdivision (a) shall no longer accept reports and filings, unless otherwise directed by the Secretary of State and the Commission. The system described in subdivision (a) shall continue to allow public access to past disclosures unless the Secretary of State migrates that data into the system described in this subdivision. (c) On or before December 31, 2017, and on or before every April 15, July 15, October 15, and January 15 thereafter, the Secretary of State shall submit to the chairs of the Joint Legislative Budget Committee and the fiscal committees of the Legislature a quarterly report on the progress of the Cal-Access Project. Specifically, the Secretary of State shall certify whether he or she (1) anticipates making or has made any changes to the project’s scope, schedule, or budget and (2) considers any problems to be a risk to the project’s completion according to the approved project schedule and budget. This reporting requirement shall end upon the completion or termination of the Cal-Access Project. 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.

The Political Reform Act of 1974 generally requires elected officials, candidates for elective office, and committees formed primarily to support or oppose a candidate for public office or a ballot measure, along with other entities, to file periodic campaign statements. The act requires that these campaign statements contain prescribed information related to campaign contributions and expenditures of the filing entities. Existing law, the Online Disclosure Act, requires the Secretary of State, in consultation with the Fair Political Practices Commission, to develop online and electronic filing processes for use by these persons and entities. This bill, in addition, would require the Secretary of State, in consultation with the Commission, to develop and certify for public use an online filing and disclosure system for campaign statements and reports that provides public disclosure of campaign finance and lobbying information in a user-friendly, easily understandable format. 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.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 84601 of the Government Code is amended to read: 84601. The Legislature finds and declares as follows: (a) The people of California enacted one of the nation’s most comprehensive campaign and lobbying financial disclosure laws when they voted for Proposition 9, the Political Reform Act of 1974, an initiative statute. (b) Public access to campaign and lobbying disclosure information is a vital and integral component of a fully informed electorate. (c) Advances in technology have made it necessary for the State of California to develop a new, data-driven online filing and disclosure system that provides public disclosure of campaign finance and lobbying information in a user-friendly, easily understandable format. (d) Members of the public, including voters, journalists, and researchers, should be able to access campaign finance and lobbying information in a robust and flexible manner, including through searches and visual displays such as graphs and maps. SEC. 2. Section 84602 of the Government Code is amended to read: 84602. (a) To implement the Legislature’s intent, the Secretary of State, in consultation with the Commission, notwithstanding any other provision of this code, shall do all of the following: (1) Develop online and electronic filing processes for use by persons and entities specified in Section 84605 that are required to file statements and reports with the Secretary of State’s office pursuant to Chapter 4 (commencing with Section 84100) and Chapter 6 (commencing with Section 86100). Those processes shall each enable a user to comply with all of the disclosure requirements of this title and shall include, at a minimum, both of the following: (A) A means or method whereby filers subject to this chapter may submit required filings free of charge. Any means or method developed pursuant to this subparagraph shall not provide any additional or enhanced functions or services that exceed the minimum requirements necessary to fulfill the disclosure provisions of this title. At least one means or method shall be made available no later than December 31, 2002. (B) The definition of a nonproprietary standardized record format or formats using industry standards for the transmission of the data that is required of those persons and entities specified in Section 84605 and that conforms with the disclosure requirements of this title. The Secretary of State shall hold public hearings before development of the record format or formats as a means to ensure that affected entities have an opportunity to provide input into the development process. The format or formats shall be made public no later than July 1, 1999, to ensure sufficient time to comply with this chapter. (2) Accept test files from software vendors and others wishing to file reports electronically, for the purpose of determining whether the file format is in compliance with the standardized record format developed pursuant to paragraph (1) and is compatible with the Secretary of State’s system for receiving the data. A list of the software and service providers who have submitted acceptable test files shall be published by the Secretary of State and made available to the public. Acceptably formatted files shall be submitted by a filer in order to meet the requirements of this chapter. (3) Develop a system that provides for the online or electronic transfer of the data specified in this section using telecommunications technology that ensures the integrity of the data transmitted and that creates safeguards against efforts to tamper with or subvert the data. (4) Make all the data filed available on the Internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. All late contribution and late independent expenditure reports, as defined by Sections 84203 and 84204, respectively, shall be made available on the Internet within 24 hours of receipt. The data made available on the Internet shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed pursuant to this title. (5) Develop a procedure for filers to comply with the requirement that they sign under penalty of perjury pursuant to Section 81004. (6) Maintain all filed data online for 10 years after the date it is filed, and then archive the information in a secure format. (7) Provide assistance to those seeking public access to the information. (8) Implement sufficient technology to seek to prevent unauthorized alteration or manipulation of the data. (9) Provide the Commission with necessary information to enable it to assist agencies, public officials, and others with the compliance with, and administration of, this title. (10) Report to the Legislature on the implementation and development of the online and electronic filing and disclosure requirements of this chapter. The report shall include an examination of system security, private security issues, software availability, compliance costs to filers, use of the filing system and software provided by the Secretary of State, and other issues relating to this chapter, and shall recommend appropriate changes if necessary. In preparing the report, the Commission may present to the Secretary of State and the Legislature its comments regarding this chapter as it relates to the duties of the Commission and suggest appropriate changes if necessary. There shall be one report due before the system is operational as set forth in Section 84603, one report due no later than June 1, 2002, and one report due no later than January 31, 2003. (11) Review the current filing and disclosure requirements of this chapter and report to the Legislature, no later than June 1, 2005, recommendations on revising these requirements so as to promote greater reliance on electronic and online submissions. (b) (1) To implement the Legislature’s intent, as described in Section 84601, the Secretary of State, in consultation with the Commission, shall develop an online filing and disclosure system for use by persons and entities specified in Section 84605 that are required to file statements and reports with the Secretary of State’s office pursuant to Chapter 4 (commencing with Section 84100) and Chapter 6 (commencing with Section 86100). The system shall enable a user to comply with all of the disclosure requirements of this title and shall include, at minimum, all of the following: (A) A data-driven means or method that allows filers subject to this chapter to submit required filings free of charge in a manner that facilitates public searches of the data and does all of the following: (i) Enables a filer to comply with all of the disclosure requirements of this title, including by entering or uploading requisite data or by indicating that the filer had no reportable activity during a particular reporting period. (ii) Retains previously submitted data so that a filer can access that data to amend disclosures or prepare future disclosures. (iii) Ensures the security of data entered and stored in the system. (iv) To the extent feasible, is compatible with potential future capability to accept statements from filers specified in subdivisions (b) to (e), inclusive, of Section 84215. (B) The definition of a nonproprietary standardized record format or formats using industry standards for the transmission of the data that is required of those persons and entities specified in Section 84605 and that conforms with the disclosure requirements of this title. (2) The Secretary of State shall do all of the following with respect to the online filing and disclosure system developed pursuant to this subdivision: (A) Accept test files from software vendors and others wishing to file reports electronically for the purpose of determining whether the file format is in compliance with the standardized record format developed pursuant to this subdivision and is compatible with the Secretary of State’s system for receiving the data. The Secretary of State shall publish and make available to the public a list of the software and service providers who have submitted acceptable test files. A filer shall submit acceptably formatted files in order to meet the requirements of this chapter. (B) Make the data filed available on the Internet as follows: (i) In a user-friendly, easily understandable format that provides the greatest public access, including online searches and machine-readable downloads of all data contained in the system, except as specified in clause (iii). (ii) Free of charge and as soon as possible after receipt, or, in the case of late contribution, late in-kind contribution, and late independent expenditure reports, as defined by Sections 84203, 84203.3, and 84204, respectively, within 24 hours of receipt. (iii) Not containing the street name or building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed pursuant to this title. (iv) In a manner that allows the public to track and aggregate contributions from the same contributor across filers using a permanent unique identifier assigned by the Secretary of State for this purpose. The Secretary of State shall assign this identifier to, at minimum, each contributor who makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to, or at the behest of, candidates or committees that file electronically with the Secretary of State pursuant to subdivision (a) of Section 84215 or who files with the Secretary of State as a major donor committee under subdivision (c) of Section 82013. (C) Develop a procedure for filers to comply electronically with the requirement to sign under penalty of perjury pursuant to Section 81004. The electronic signature procedure shall allow the filer to file with the Secretary of State and shall not require an original signature to be filed. (D) Maintain all filed data online for at least 20 years after the date it is filed, and then archive the information in a secure format. (E) Provide assistance to those seeking public access to the information. (F) Implement sufficient technology to seek to prevent unauthorized alteration or manipulation of the data. (G) Provide the Commission with necessary information to enable it to assist agencies, public officials, and others in complying with and administering this title. (3) The Secretary of State shall do all of the following with respect to developing the online filing and disclosure system and record format pursuant to this subdivision: (A) Consult with the Assembly Committee on Elections and Redistricting, the Senate Committee on Elections and Constitutional Amendments, the Commission, users, filers, and other stakeholders, as appropriate, about functions of the online filing and disclosure system. (B) In consultation with the Commission, and no later than July 31, 2017, hold at least one public hearing to receive input about developing the online filing and disclosure system and record format. (C) No later than December 31, 2017, submit a report to the Assembly Committee on Elections and Redistricting and the Senate Committee on Elections and Constitutional Amendments that includes a plan for the online filing and disclosure system, describes how members of the public will be able to query and retrieve data from the system, and includes a plan for integrating statements as specified in clause (iv) of subparagraph (A) of paragraph (1). (4) The Secretary of State shall make the online filing and disclosure system developed pursuant to this subdivision available for use no later than February 1, 2019. The Secretary of State may extend this date to a date no later than December 31, 2019, after consulting with the Assembly Committee on Elections and Redistricting and the Senate Committee on Elections and Constitutional Amendments and providing to those committees a report that explains the need for the extension and includes a plan for completion. (5) The Secretary of State may accept any funds, services, equipment, or grants to further this subdivision, provided that the Secretary of State shall notify the Assembly Committee on Elections and Redistricting and the Senate Committee on Elections and Constitutional Amendments upon accepting any amount valued at one hundred thousand dollars ($100,000) or more. (6) Because the provisions of this chapter need to be implemented as expeditiously as possible, the information technology procurement requirements described in Chapter 5.6 (commencing with Section 11545) of Part 1 of Division 3 of Title 2 of this code, and in Section 12100 of the Public Contract Code, do not apply to development of the online filing and disclosure system pursuant to this subdivision. The Secretary of State shall consult with the Department of Technology, as appropriate, in developing the online filing and disclosure system, in order to maximize project success, minimize lifecycle costs, and ensure the security of the system and its data. (7) (A) Before making the system developed pursuant to this subdivision available for public use, the Secretary of State, in consultation with the Commission, shall test the system to ensure its functionality and then certify that the system meets all the requirements of this subdivision. The Secretary of State may consult with the Department of Technology as needed to fulfill his or her duties under this paragraph. (B) After the system developed pursuant to this subdivision is certified, the system described in subdivision (a) shall no longer accept reports and filings, unless otherwise directed by the Secretary of State and the Commission. The system described in subdivision (a) shall continue to allow public access to past disclosures unless the Secretary of State migrates that data into the system described in this subdivision. (c) On or before December 31, 2017, and on or before every April 15, July 15, October 15, and January 15 thereafter, the Secretary of State shall submit to the chairs of the Joint Legislative Budget Committee and the fiscal committees of the Legislature a quarterly report on the progress of the Cal-Access Project. Specifically, the Secretary of State shall certify whether he or she (1) anticipates making or has made any changes to the project’s scope, schedule, or budget and (2) considers any problems to be a risk to the project’s completion according to the approved project schedule and budget. This reporting requirement shall end upon the completion or termination of the Cal-Access Project. 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. ### Summary: This bill would amend the Political Reform Act of 1974 to require the Secretary of State to develop an online filing and disclosure system for use by persons

The people of the State of California do enact as follows: SECTION 1. Section 69433.5 of the Education Code is amended to read: 69433.5. (a) Only a resident of California, as determined by the commission pursuant to Part 41 (commencing with Section 68000), is eligible for an initial Cal Grant award. The recipient shall remain eligible for award renewal only if he or she is a California resident, in attendance, and making satisfactory academic progress at a qualifying institution, as determined by the commission. (b) A part-time student shall not be discriminated against in the selection of Cal Grant Program award recipients, and an award to a part-time student shall be approximately proportional to the time the student spends in the instructional program, as determined by the commission. A first-time Cal Grant Program award recipient who is a part-time student shall be eligible for a full-time renewal award if he or she becomes a full-time student. (c) Cal Grant Program awards shall be awarded without regard to race, religion, creed, sex, sexual orientation, gender identity, gender expression, or age. (d) An applicant shall not receive more than one type of Cal Grant Program award concurrently. An applicant shall not: (1) Receive one or a combination of Cal Grant Program awards in excess of the amount equivalent to the award level for a total of four six years of full-time attendance in an undergraduate program, except as provided in Section 69433.6. (2) Have obtained a baccalaureate degree before receiving a Cal Grant Program award. (e) A Cal Grant Program award, except as provided in Section 69440, may only be used for educational expenses of a program of study leading directly to an undergraduate degree or certificate, or for expenses of undergraduate coursework in a program of study leading directly to a first professional degree, but for which no baccalaureate degree is awarded. (f) The commission shall, for students who accelerate college attendance, increase the amount of the award proportional to the period of additional attendance resulting from attendance in classes that fulfill requirements or electives for graduation during summer terms, sessions, or quarters. In the aggregate, the total amount a student may receive in a four-year six-year period may shall not be increased as a result of accelerating his or her progress to a degree by attending summer terms, sessions, or quarters. (g) The commission shall notify Cal Grant award recipients of the availability of funding for the summer term, session, or quarter through prominent notice in financial aid award letters, materials, guides, electronic information, and other means that may include, but not necessarily be limited to, surveys, newspaper articles, or attachments to communications from the commission and any other published documents. (h) The commission may require, by the adoption of rules and regulations, the production of reports, accounting, documents, or other necessary statements from the award recipient and the college or university of attendance pertaining to the use or application of the award. (i) A Cal Grant Program award may be utilized only at a qualifying institution. (j) A recipient who initially qualified for both a Cal Grant A award and a Cal Grant B award, and received a Cal Grant B award, may be awarded a renewal Cal Grant A award if that recipient subsequently became ineligible for a renewal Cal Grant B award and meets the applicable Cal Grant A financial need and income and asset criteria. SEC. 2. Section 69433.6 of the Education Code is amended to read: 69433.6. (a) Cal Grant A awards and Cal Grant B awards may be renewed for a total of the equivalent of four six years of full-time attendance in an undergraduate program provided that minimum financial need as defined in paragraph (3) of subdivision (b) of Section 69432.9 continues to exist. Commencing with the 2001–02 academic year, the total number of years of eligibility for grants pursuant to this section shall be based on the student’s educational level in his or her course of study as designated by the institution of attendance when the recipient initially receives payment for a grant. (b) (1) Commencing with the 2014–15 academic year, a recipient who was determined to be ineligible for a renewal award in the 2012–13 or 2013–14 academic year because he or she exceeded the maximum household income or asset level established by subdivision (k) of Section 69432.7, or failed to meet the minimum need threshold established by paragraph (3) of subdivision (b) of Section 69432.9, shall be eligible to receive a renewal award if the recipient meets all program eligibility requirements for the program from which he or she was previously disqualified and the recipient has remaining renewal award eligibility. For purposes of determining a student’s remaining renewal award eligibility, an academic year during which a student was ineligible shall reduce his or her renewal award eligibility by one full-time equivalent year. (2) Commencing with the 2015–16 academic year, a recipient who is determined to be ineligible for a renewal award because, during the immediately preceding academic year, he or she exceeded the maximum household income or asset level established by subdivision (k) of Section 69432.7, or failed to meet the minimum need threshold established by paragraph (3) of subdivision (b) of Section 69432.9, shall be eligible to receive a renewal award if the recipient meets all program eligibility requirements for the program from which he or she was previously disqualified and the recipient has remaining renewal award eligibility. For purposes of determining a student’s remaining renewal award eligibility, an academic year during which a student was ineligible shall reduce his or her renewal award eligibility by one full-time equivalent year. (c) For a student enrolled in an institutionally prescribed five-year undergraduate program, Cal Grant A awards and Cal Grant B awards may be renewed for a total of five years of full-time attendance, provided that minimum financial need, as defined in paragraph (3) of subdivision (b) of Section 69432.9, continues to exist. (d) (1) A Cal Grant Program award recipient who has completed a baccalaureate degree, and who has been admitted to and is enrolled in a program of professional teacher preparation at an institution approved by the California Commission on Teacher Credentialing is eligible for, but not entitled to, renewal of a Cal Grant Program award for an additional year of full-time attendance, if minimum financial need, as defined in paragraph (3) of subdivision (b) of Section 69432.9, continues to exist. (2) Payment for an additional year is limited to only those courses required for an initial teaching authorization. An award made under this subdivision may not be used for other courses. (3) A student’s Cal Grant Program renewal eligibility shall not have lapsed more than 15 months before the payment of an award for purposes of this subdivision. SECTION 1. It is the intent of the Legislature to enact legislation that would make additional student financial aid options available for students attending segments of postsecondary education.

Existing law, the Cal Grant Program, establishes the Cal Grant A and B Entitlement Awards, the California Community College Transfer Entitlement Awards, the Competitive Cal Grant A and B Awards, the Cal Grant C Awards, and the Cal Grant T Awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. The program prohibits an applicant from receiving one or a combination of program awards in excess of the amount equivalent to the award level for a total of a 4-year period of full-time attendance in an undergraduate program, except as provided. This bill would increase this generally applicable maximum for total Cal Grant awards to an applicant to the award level for a 6-year period of full-time attendance. Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs available to students attending segments of postsecondary education. This bill would express the intent of the Legislature to enact legislation that would make additional student financial aid options available for students attending segments of postsecondary education.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 69433.5 of the Education Code is amended to read: 69433.5. (a) Only a resident of California, as determined by the commission pursuant to Part 41 (commencing with Section 68000), is eligible for an initial Cal Grant award. The recipient shall remain eligible for award renewal only if he or she is a California resident, in attendance, and making satisfactory academic progress at a qualifying institution, as determined by the commission. (b) A part-time student shall not be discriminated against in the selection of Cal Grant Program award recipients, and an award to a part-time student shall be approximately proportional to the time the student spends in the instructional program, as determined by the commission. A first-time Cal Grant Program award recipient who is a part-time student shall be eligible for a full-time renewal award if he or she becomes a full-time student. (c) Cal Grant Program awards shall be awarded without regard to race, religion, creed, sex, sexual orientation, gender identity, gender expression, or age. (d) An applicant shall not receive more than one type of Cal Grant Program award concurrently. An applicant shall not: (1) Receive one or a combination of Cal Grant Program awards in excess of the amount equivalent to the award level for a total of four six years of full-time attendance in an undergraduate program, except as provided in Section 69433.6. (2) Have obtained a baccalaureate degree before receiving a Cal Grant Program award. (e) A Cal Grant Program award, except as provided in Section 69440, may only be used for educational expenses of a program of study leading directly to an undergraduate degree or certificate, or for expenses of undergraduate coursework in a program of study leading directly to a first professional degree, but for which no baccalaureate degree is awarded. (f) The commission shall, for students who accelerate college attendance, increase the amount of the award proportional to the period of additional attendance resulting from attendance in classes that fulfill requirements or electives for graduation during summer terms, sessions, or quarters. In the aggregate, the total amount a student may receive in a four-year six-year period may shall not be increased as a result of accelerating his or her progress to a degree by attending summer terms, sessions, or quarters. (g) The commission shall notify Cal Grant award recipients of the availability of funding for the summer term, session, or quarter through prominent notice in financial aid award letters, materials, guides, electronic information, and other means that may include, but not necessarily be limited to, surveys, newspaper articles, or attachments to communications from the commission and any other published documents. (h) The commission may require, by the adoption of rules and regulations, the production of reports, accounting, documents, or other necessary statements from the award recipient and the college or university of attendance pertaining to the use or application of the award. (i) A Cal Grant Program award may be utilized only at a qualifying institution. (j) A recipient who initially qualified for both a Cal Grant A award and a Cal Grant B award, and received a Cal Grant B award, may be awarded a renewal Cal Grant A award if that recipient subsequently became ineligible for a renewal Cal Grant B award and meets the applicable Cal Grant A financial need and income and asset criteria. SEC. 2. Section 69433.6 of the Education Code is amended to read: 69433.6. (a) Cal Grant A awards and Cal Grant B awards may be renewed for a total of the equivalent of four six years of full-time attendance in an undergraduate program provided that minimum financial need as defined in paragraph (3) of subdivision (b) of Section 69432.9 continues to exist. Commencing with the 2001–02 academic year, the total number of years of eligibility for grants pursuant to this section shall be based on the student’s educational level in his or her course of study as designated by the institution of attendance when the recipient initially receives payment for a grant. (b) (1) Commencing with the 2014–15 academic year, a recipient who was determined to be ineligible for a renewal award in the 2012–13 or 2013–14 academic year because he or she exceeded the maximum household income or asset level established by subdivision (k) of Section 69432.7, or failed to meet the minimum need threshold established by paragraph (3) of subdivision (b) of Section 69432.9, shall be eligible to receive a renewal award if the recipient meets all program eligibility requirements for the program from which he or she was previously disqualified and the recipient has remaining renewal award eligibility. For purposes of determining a student’s remaining renewal award eligibility, an academic year during which a student was ineligible shall reduce his or her renewal award eligibility by one full-time equivalent year. (2) Commencing with the 2015–16 academic year, a recipient who is determined to be ineligible for a renewal award because, during the immediately preceding academic year, he or she exceeded the maximum household income or asset level established by subdivision (k) of Section 69432.7, or failed to meet the minimum need threshold established by paragraph (3) of subdivision (b) of Section 69432.9, shall be eligible to receive a renewal award if the recipient meets all program eligibility requirements for the program from which he or she was previously disqualified and the recipient has remaining renewal award eligibility. For purposes of determining a student’s remaining renewal award eligibility, an academic year during which a student was ineligible shall reduce his or her renewal award eligibility by one full-time equivalent year. (c) For a student enrolled in an institutionally prescribed five-year undergraduate program, Cal Grant A awards and Cal Grant B awards may be renewed for a total of five years of full-time attendance, provided that minimum financial need, as defined in paragraph (3) of subdivision (b) of Section 69432.9, continues to exist. (d) (1) A Cal Grant Program award recipient who has completed a baccalaureate degree, and who has been admitted to and is enrolled in a program of professional teacher preparation at an institution approved by the California Commission on Teacher Credentialing is eligible for, but not entitled to, renewal of a Cal Grant Program award for an additional year of full-time attendance, if minimum financial need, as defined in paragraph (3) of subdivision (b) of Section 69432.9, continues to exist. (2) Payment for an additional year is limited to only those courses required for an initial teaching authorization. An award made under this subdivision may not be used for other courses. (3) A student’s Cal Grant Program renewal eligibility shall not have lapsed more than 15 months before the payment of an award for purposes of this subdivision. SECTION 1. It is the intent of the Legislature to enact legislation that would make additional student financial aid options available for students attending segments of postsecondary education. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 7582.2 of the Business and Professions Code is amended to read: 7582.2. This chapter does not apply to all of the following: (a)A person who does not meet the requirements to be a proprietary private security officer, as defined in Section 7574.01, and is employed exclusively and regularly by an employer who does not provide contract security services for other entities or persons, in connection with the affairs of the employer only and if there exists an employer-employee relationship if that person at no time carries or uses a deadly weapon in the performance of his or her duties. For purposes of this subdivision, “deadly weapon” is defined to include an instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, metal knuckles, a dirk, dagger, pistol, revolver, or any other firearm, a knife having a blade longer than five inches, a razor with an unguarded blade, and a metal pipe or bar used or intended to be used as a club. (b)An officer or employee of the United States of America, or of this state or a political subdivision thereof, while the officer or employee is engaged in the performance of his or her official duties, including uniformed peace officers employed part time by a public agency pursuant to a written agreement between a chief of police or sheriff and the public agency, provided the part-time employment does not exceed 50 hours in any calendar month. (c)A person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons. (d)A charitable philanthropic society or association duly incorporated under the laws of this state that is organized and maintained for the public good and not for private profit. (e)Patrol special police officers appointed by the police commission of a city, county, or city and county under the express terms of its charter who also under the express terms of the charter (1) are subject to suspension or dismissal after a hearing on charges duly filed with the commission after a fair and impartial trial, (2) must be not less than 18 years of age nor more than 40 years of age, (3) must possess physical qualifications prescribed by the commission, and (4) are designated by the police commission as the owners of a certain beat or territory as may be fixed from time to time by the police commission. (f)An attorney at law in performing his or her duties as an attorney at law. (g)A collection agency or an employee thereof while acting within the scope of his or her employment, while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his or her property where the contract with an assignor creditor is for the collection of claims owed or due or asserted to be owed or due or the equivalent thereof. (h)Admitted insurers and agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them. (i)A bank subject to the jurisdiction of the Commissioner of Financial Institutions of the State of California under Division 1 (commencing with Section 99) of the Financial Code or the Comptroller of the Currency of the United States. (j)A person engaged solely in the business of securing information about persons or property from public records. (k)A peace officer of this state or a political subdivision thereof while the peace officer is employed by a private employer to engage in off-duty employment in accordance with Section 1126 of the Government Code. However, this subdivision does not exempt a peace officer who either contracts for his or her services or the services of others as a private patrol operator or contracts for his or her services as or is employed as an armed private security officer. For purposes of this subdivision, “armed security officer” means an individual who carries or uses a firearm in the course and scope of that contract or employment. (l)A retired peace officer of the state or political subdivision thereof when the retired peace officer is employed by a private employer in employment approved by the chief law enforcement officer of the jurisdiction where the employment takes place, provided that the retired officer is in a uniform of a public law enforcement agency, has registered with the bureau on a form approved by the director, and has met any training requirements or their equivalent as established for security personnel under Section 7583.5. This officer may not carry an unloaded and exposed handgun unless he or she is exempted under the provisions of Article 2 (commencing with Section 26361) of Chapter 6 of Division 5 of Title 4 of Part 6 of the Penal Code, may not carry an unloaded firearm that is not a handgun unless he or she is exempted under the provisions of Article 2 (commencing with Section 26405) of Chapter 7 of Division 5 of Title 4 of Part 6 of the Penal Code, and may not carry a loaded or concealed firearm unless he or she is exempted under the provisions of Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6 of the Penal Code or Sections 25900 to 25910, inclusive, of the Penal Code or has met the requirements set forth in subdivision (d) of Section 26030 of the Penal Code. However, this subdivision does not exempt the retired peace officer who contracts for his or her services or the services of others as a private patrol operator. (m)A licensed insurance adjuster in performing his or her duties within the scope of his or her license as an insurance adjuster. (n)A savings association subject to the jurisdiction of the Commissioner of Financial Institutions or the Office of Thrift Supervision. (o)A secured creditor engaged in the repossession of the creditor’s collateral and a lessor engaged in the repossession of leased property in which it claims an interest. (p)A peace officer in his or her official police uniform acting in accordance with subdivisions (c) and (d) of Section 70 of the Penal Code. (q)An unarmed, uniformed security person employed exclusively and regularly by a motion picture studio facility employer who does not provide contract security services for other entities or persons in connection with the affairs of that employer only and where there exists an employer-employee relationship if that person at no time carries or uses a deadly weapon, as defined in subdivision (a), in the performance of his or her duties, which may include, but are not limited to, the following business purposes: (1)The screening and monitoring access of employees of the same employer. (2)The screening and monitoring access of prearranged and preauthorized invited guests. (3)The screening and monitoring of vendors and suppliers. (4)Patrolling the private property facilities for the safety and welfare of all who have been legitimately authorized to have access to the facility. (r)A person regularly employed as a security officer by the Los Angeles County Metropolitan Transit Authority. SEC. 2. Section 830.7 of the Penal Code is amended to read: 830.7. The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832: (a)Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code. (b)Persons regularly employed as security officers for independent institutions of higher education, recognized under subdivision (b) of Section 66010 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the institution lies. (c)Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, that are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the facility lies. (d)Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code. (e)Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of that authority, with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies. For the purposes of this subdivision, the exercise of peace officer authority may include the authority to remove a vehicle from a railroad right-of-way as set forth in Section 22656 of the Vehicle Code. (f)Nonpeace officers regularly employed as county parole officers pursuant to Section 3089. (g)Persons appointed by the Executive Director of the California Science Center pursuant to Section 4108 of the Food and Agricultural Code. (h)Persons regularly employed as investigators by the Department of Transportation for the City of Los Angeles and designated by local ordinance as public officers, to the extent necessary to enforce laws related to public transportation, and authorized by a memorandum of understanding with the chief of police, permitting the exercise of that authority. For the purposes of this subdivision, “investigator” means an employee defined in Section 53075.61 of the Government Code authorized by local ordinance to enforce laws related to public transportation. Transportation investigators authorized by this section shall not be deemed “peace officers” for purposes of Sections 241 and 243. (i)Persons regularly employed by any department of the City of Los Angeles who are designated as security officers and authorized by local ordinance to enforce laws related to the preservation of peace in or about the properties owned, controlled, operated, or administered by any department of the City of Los Angeles and authorized by a memorandum of understanding with the Chief of Police of the City of Los Angeles permitting the exercise of that authority. Security officers authorized pursuant to this subdivision shall not be deemed peace officers for purposes of Sections 241 and 243. (j)Illegal dumping enforcement officers or code enforcement officers, to the extent necessary to enforce laws related to illegal waste dumping or littering, and authorized by a memorandum of understanding with, as applicable, the sheriff or chief of police within whose jurisdiction the person is employed, permitting the exercise of that authority. An “illegal dumping enforcement officer or code enforcement officer” is defined, for purposes of this section, as a person employed full time, part time, or as a volunteer after completing training prescribed by law, by a city, county, or city and county, whose duties include illegal dumping enforcement and who is designated by local ordinance as a public officer. An illegal dumping enforcement officer or code enforcement officer may also be a person who is not regularly employed by a city, county, or city and county, but who has met all training requirements and is directly supervised by a regularly employed illegal dumping enforcement officer or code enforcement officer conducting illegal dumping enforcement. This person shall not have the power of arrest or access to summary criminal history information pursuant to this section. No person may be appointed as an illegal dumping enforcement officer or code enforcement officer if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code. Persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105. (k)Persons regularly employed as security officers by the Los Angeles County Metropolitan Transit Authority. SECTION 1. Section 830.75 is added to the Penal Code, to read: 830.75. Notwithstanding any other law, persons regularly employed as security officers by the Los Angeles County Metropolitan Transportation Authority are not peace officers and may not exercise the powers of arrest of a peace officer, as specified in Section 836. However, these persons may be authorized by the governing board of the authority to detain individuals on properties owned, controlled, operated, and administered by the authority when exigent circumstances exist. For purposes of this section, exigent circumstances exist only when the security officer has probable cause to believe that a person is at risk of serious bodily injury or death or a person has been assaulted and the suspect is attempting to flee. A detention made pursuant to this section shall be limited to a reasonable time to allow for an investigation by a peace officer. SEC. 3. SEC. 2. Section 22295 of the Penal Code is amended to read: 22295. (a) Nothing in any provision listed in Section 16580 prohibits any police officer, special police officer, peace officer, law enforcement officer, or security officer regularly employed by the Los Angeles County Metropolitan Transit Transportation Authority, from carrying any wooden club or baton. (b) Nothing in any provision listed in Section 16580 prohibits a uniformed security guard, regularly employed and compensated by a person engaged in any lawful business, while actually employed and engaged in protecting and preserving property or life within the scope of employment, from carrying any wooden club or baton if the uniformed security guard has satisfactorily completed a course of instruction certified by the Department of Consumer Affairs in the carrying and use of the club or baton. The training institution certified by the Department of Consumer Affairs to present this course, whether public or private, is authorized to charge a fee covering the cost of the training. (c) The Department of Consumer Affairs, in cooperation with the Commission on Peace Officer Standards and Training, shall develop standards for a course in the carrying and use of a club or baton. (d) Any uniformed security guard who successfully completes a course of instruction under this section is entitled to receive a permit to carry and use a club or baton within the scope of employment, issued by the Department of Consumer Affairs. The department may authorize a certified training institution to issue permits to carry and use a club or baton. A fee in the amount provided by law shall be charged by the Department of Consumer Affairs to offset the costs incurred by the department in course certification, quality control activities associated with the course, and issuance of the permit. (e) Any person who has received a permit or certificate that indicates satisfactory completion of a club or baton training course approved by the Commission on Peace Officer Standards and Training prior to January 1, 1983, shall not be required to obtain a club or baton permit or complete a course certified by the Department of Consumer Affairs. (f) Any person employed as a county sheriff’s or police security officer, as defined in Section 831.4, shall not be required to obtain a club or baton permit or to complete a course certified by the Department of Consumer Affairs in the carrying and use of a club or baton, provided that the person completes a course approved by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton, within 90 days of employment. (g) Nothing in any provision listed in Section 16580 prohibits an animal control officer, as described in Section 830.9, or an illegal dumping enforcement officer, as described in Section 830.7, from carrying any wooden club or baton if the animal control officer or illegal dumping enforcement officer has satisfactorily completed the course of instruction certified by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton. The training institution certified by the Commission on Peace Officer Standards and Training to present this course, whether public or private, is authorized to charge a fee covering the cost of the training. SEC. 4. SEC. 3. Section 26065 is added to the Penal Code, to read: 26065. Notwithstanding Section 25850, 25850 of this code and Section 2006 of the Fish and Game Code, a person regularly employed by the Los Angeles County Metropolitan Transit Transportation Authority as a security officer may be permitted to carry a shotgun, as defined in Section 17190, in a patrol vehicle or armored vehicle owned by the authority for use in carrying out the security officer’s official duties. duties when performing revenue protection duties. A security officer may only carry a shotgun in a vehicle pursuant to this section if the vehicle is an armored vehicle designated for revenue collection and only when the officer is performing revenue protection duties. SEC. 5. SEC. 4. Section 32455 is added to the Penal Code, to read: 32455. Section 32310 does not apply to the sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by the Los Angeles County Metropolitan Transit Transportation Authority for use by its employee security officers in the discharge of their official duties. SEC. 6. SEC. 5. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Los Angeles County Metropolitan Transit Transportation Authority.

(1)The Private Security Services Act generally regulates the private security vocation, and requires each uniformed employee of a provide patrol operator to, among other things, register with the Bureau of Security and Investigative Services and complete specified training. The act exempts specified persons from its requirements. This bill would exempt a person regularly employed as a security officer by the Los Angeles County Metropolitan Transit Authority from the requirements of the Private Security Services Act. (2) (1) Existing law authorizes certain persons who are not peace officers to exercise the powers of arrest under certain circumstances, if they have completed a specified training course prescribed by the Commission on Peace Officer Standards and Training. This bill would extend that authority to allow persons regularly employed as security officers by the Los Angeles County Metropolitan Transit Authority. Transportation Authority to detain individuals on properties owned, controlled, operated, and administered by the authority when exigent circumstances exist, as defined. (3) (2) Existing law states that specified provisions of law relating to deadly weapons do not prohibit a police officer, special police officer, peace officer, or law enforcement officer from carrying a wooden club or baton. This bill would additionally state that the specified provisions of law do not prohibit a security officer regularly employed by the Los Angeles County Metropolitan Transit Transportation Authority from carrying a wooden club or baton. (4) (3) Under existing law, a person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street. This bill would, notwithstanding the above provision, allow a person regularly employed by the Los Angeles County Metropolitan Transit Transportation Authority as a security officer to be permitted to carry a shotgun in a patrol vehicle or armored vehicle owned by the authority for use in carrying out the security officer’s official duties. (5) (4) Existing law prohibits the sale, gift, and loan of a large-capacity magazine. A violation of this prohibition is punishable as a misdemeanor with specified penalties or as a felony. This bill would make these provisions inapplicable to the sale of, giving of, lending of, importation into this state of, or purchase of, of any large-capacity magazine to or by the Los Angeles County Metropolitan Transit Transportation Authority for use by its employee security officers in the discharge of their official duties. (6) (5) This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 7582.2 of the Business and Professions Code is amended to read: 7582.2. This chapter does not apply to all of the following: (a)A person who does not meet the requirements to be a proprietary private security officer, as defined in Section 7574.01, and is employed exclusively and regularly by an employer who does not provide contract security services for other entities or persons, in connection with the affairs of the employer only and if there exists an employer-employee relationship if that person at no time carries or uses a deadly weapon in the performance of his or her duties. For purposes of this subdivision, “deadly weapon” is defined to include an instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, metal knuckles, a dirk, dagger, pistol, revolver, or any other firearm, a knife having a blade longer than five inches, a razor with an unguarded blade, and a metal pipe or bar used or intended to be used as a club. (b)An officer or employee of the United States of America, or of this state or a political subdivision thereof, while the officer or employee is engaged in the performance of his or her official duties, including uniformed peace officers employed part time by a public agency pursuant to a written agreement between a chief of police or sheriff and the public agency, provided the part-time employment does not exceed 50 hours in any calendar month. (c)A person engaged exclusively in the business of obtaining and furnishing information as to the financial rating of persons. (d)A charitable philanthropic society or association duly incorporated under the laws of this state that is organized and maintained for the public good and not for private profit. (e)Patrol special police officers appointed by the police commission of a city, county, or city and county under the express terms of its charter who also under the express terms of the charter (1) are subject to suspension or dismissal after a hearing on charges duly filed with the commission after a fair and impartial trial, (2) must be not less than 18 years of age nor more than 40 years of age, (3) must possess physical qualifications prescribed by the commission, and (4) are designated by the police commission as the owners of a certain beat or territory as may be fixed from time to time by the police commission. (f)An attorney at law in performing his or her duties as an attorney at law. (g)A collection agency or an employee thereof while acting within the scope of his or her employment, while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or his or her property where the contract with an assignor creditor is for the collection of claims owed or due or asserted to be owed or due or the equivalent thereof. (h)Admitted insurers and agents and insurance brokers licensed by the state, performing duties in connection with insurance transacted by them. (i)A bank subject to the jurisdiction of the Commissioner of Financial Institutions of the State of California under Division 1 (commencing with Section 99) of the Financial Code or the Comptroller of the Currency of the United States. (j)A person engaged solely in the business of securing information about persons or property from public records. (k)A peace officer of this state or a political subdivision thereof while the peace officer is employed by a private employer to engage in off-duty employment in accordance with Section 1126 of the Government Code. However, this subdivision does not exempt a peace officer who either contracts for his or her services or the services of others as a private patrol operator or contracts for his or her services as or is employed as an armed private security officer. For purposes of this subdivision, “armed security officer” means an individual who carries or uses a firearm in the course and scope of that contract or employment. (l)A retired peace officer of the state or political subdivision thereof when the retired peace officer is employed by a private employer in employment approved by the chief law enforcement officer of the jurisdiction where the employment takes place, provided that the retired officer is in a uniform of a public law enforcement agency, has registered with the bureau on a form approved by the director, and has met any training requirements or their equivalent as established for security personnel under Section 7583.5. This officer may not carry an unloaded and exposed handgun unless he or she is exempted under the provisions of Article 2 (commencing with Section 26361) of Chapter 6 of Division 5 of Title 4 of Part 6 of the Penal Code, may not carry an unloaded firearm that is not a handgun unless he or she is exempted under the provisions of Article 2 (commencing with Section 26405) of Chapter 7 of Division 5 of Title 4 of Part 6 of the Penal Code, and may not carry a loaded or concealed firearm unless he or she is exempted under the provisions of Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6 of the Penal Code or Sections 25900 to 25910, inclusive, of the Penal Code or has met the requirements set forth in subdivision (d) of Section 26030 of the Penal Code. However, this subdivision does not exempt the retired peace officer who contracts for his or her services or the services of others as a private patrol operator. (m)A licensed insurance adjuster in performing his or her duties within the scope of his or her license as an insurance adjuster. (n)A savings association subject to the jurisdiction of the Commissioner of Financial Institutions or the Office of Thrift Supervision. (o)A secured creditor engaged in the repossession of the creditor’s collateral and a lessor engaged in the repossession of leased property in which it claims an interest. (p)A peace officer in his or her official police uniform acting in accordance with subdivisions (c) and (d) of Section 70 of the Penal Code. (q)An unarmed, uniformed security person employed exclusively and regularly by a motion picture studio facility employer who does not provide contract security services for other entities or persons in connection with the affairs of that employer only and where there exists an employer-employee relationship if that person at no time carries or uses a deadly weapon, as defined in subdivision (a), in the performance of his or her duties, which may include, but are not limited to, the following business purposes: (1)The screening and monitoring access of employees of the same employer. (2)The screening and monitoring access of prearranged and preauthorized invited guests. (3)The screening and monitoring of vendors and suppliers. (4)Patrolling the private property facilities for the safety and welfare of all who have been legitimately authorized to have access to the facility. (r)A person regularly employed as a security officer by the Los Angeles County Metropolitan Transit Authority. SEC. 2. Section 830.7 of the Penal Code is amended to read: 830.7. The following persons are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 during the course and within the scope of their employment, if they successfully complete a course in the exercise of those powers pursuant to Section 832: (a)Persons designated by a cemetery authority pursuant to Section 8325 of the Health and Safety Code. (b)Persons regularly employed as security officers for independent institutions of higher education, recognized under subdivision (b) of Section 66010 of the Education Code, if the institution has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the institution lies. (c)Persons regularly employed as security officers for health facilities, as defined in Section 1250 of the Health and Safety Code, that are owned and operated by cities, counties, and cities and counties, if the facility has concluded a memorandum of understanding, permitting the exercise of that authority, with the sheriff or the chief of police within whose jurisdiction the facility lies. (d)Employees or classes of employees of the California Department of Forestry and Fire Protection designated by the Director of Forestry and Fire Protection, provided that the primary duty of the employee shall be the enforcement of the law as that duty is set forth in Section 4156 of the Public Resources Code. (e)Persons regularly employed as inspectors, supervisors, or security officers for transit districts, as defined in Section 99213 of the Public Utilities Code, if the district has concluded a memorandum of understanding permitting the exercise of that authority, with, as applicable, the sheriff, the chief of police, or the Department of the California Highway Patrol within whose jurisdiction the district lies. For the purposes of this subdivision, the exercise of peace officer authority may include the authority to remove a vehicle from a railroad right-of-way as set forth in Section 22656 of the Vehicle Code. (f)Nonpeace officers regularly employed as county parole officers pursuant to Section 3089. (g)Persons appointed by the Executive Director of the California Science Center pursuant to Section 4108 of the Food and Agricultural Code. (h)Persons regularly employed as investigators by the Department of Transportation for the City of Los Angeles and designated by local ordinance as public officers, to the extent necessary to enforce laws related to public transportation, and authorized by a memorandum of understanding with the chief of police, permitting the exercise of that authority. For the purposes of this subdivision, “investigator” means an employee defined in Section 53075.61 of the Government Code authorized by local ordinance to enforce laws related to public transportation. Transportation investigators authorized by this section shall not be deemed “peace officers” for purposes of Sections 241 and 243. (i)Persons regularly employed by any department of the City of Los Angeles who are designated as security officers and authorized by local ordinance to enforce laws related to the preservation of peace in or about the properties owned, controlled, operated, or administered by any department of the City of Los Angeles and authorized by a memorandum of understanding with the Chief of Police of the City of Los Angeles permitting the exercise of that authority. Security officers authorized pursuant to this subdivision shall not be deemed peace officers for purposes of Sections 241 and 243. (j)Illegal dumping enforcement officers or code enforcement officers, to the extent necessary to enforce laws related to illegal waste dumping or littering, and authorized by a memorandum of understanding with, as applicable, the sheriff or chief of police within whose jurisdiction the person is employed, permitting the exercise of that authority. An “illegal dumping enforcement officer or code enforcement officer” is defined, for purposes of this section, as a person employed full time, part time, or as a volunteer after completing training prescribed by law, by a city, county, or city and county, whose duties include illegal dumping enforcement and who is designated by local ordinance as a public officer. An illegal dumping enforcement officer or code enforcement officer may also be a person who is not regularly employed by a city, county, or city and county, but who has met all training requirements and is directly supervised by a regularly employed illegal dumping enforcement officer or code enforcement officer conducting illegal dumping enforcement. This person shall not have the power of arrest or access to summary criminal history information pursuant to this section. No person may be appointed as an illegal dumping enforcement officer or code enforcement officer if that person is disqualified pursuant to the criteria set forth in Section 1029 of the Government Code. Persons regularly employed by a city, county, or city and county designated pursuant to this subdivision may be furnished state summary criminal history information upon a showing of compelling need pursuant to subdivision (c) of Section 11105. (k)Persons regularly employed as security officers by the Los Angeles County Metropolitan Transit Authority. SECTION 1. Section 830.75 is added to the Penal Code, to read: 830.75. Notwithstanding any other law, persons regularly employed as security officers by the Los Angeles County Metropolitan Transportation Authority are not peace officers and may not exercise the powers of arrest of a peace officer, as specified in Section 836. However, these persons may be authorized by the governing board of the authority to detain individuals on properties owned, controlled, operated, and administered by the authority when exigent circumstances exist. For purposes of this section, exigent circumstances exist only when the security officer has probable cause to believe that a person is at risk of serious bodily injury or death or a person has been assaulted and the suspect is attempting to flee. A detention made pursuant to this section shall be limited to a reasonable time to allow for an investigation by a peace officer. SEC. 3. SEC. 2. Section 22295 of the Penal Code is amended to read: 22295. (a) Nothing in any provision listed in Section 16580 prohibits any police officer, special police officer, peace officer, law enforcement officer, or security officer regularly employed by the Los Angeles County Metropolitan Transit Transportation Authority, from carrying any wooden club or baton. (b) Nothing in any provision listed in Section 16580 prohibits a uniformed security guard, regularly employed and compensated by a person engaged in any lawful business, while actually employed and engaged in protecting and preserving property or life within the scope of employment, from carrying any wooden club or baton if the uniformed security guard has satisfactorily completed a course of instruction certified by the Department of Consumer Affairs in the carrying and use of the club or baton. The training institution certified by the Department of Consumer Affairs to present this course, whether public or private, is authorized to charge a fee covering the cost of the training. (c) The Department of Consumer Affairs, in cooperation with the Commission on Peace Officer Standards and Training, shall develop standards for a course in the carrying and use of a club or baton. (d) Any uniformed security guard who successfully completes a course of instruction under this section is entitled to receive a permit to carry and use a club or baton within the scope of employment, issued by the Department of Consumer Affairs. The department may authorize a certified training institution to issue permits to carry and use a club or baton. A fee in the amount provided by law shall be charged by the Department of Consumer Affairs to offset the costs incurred by the department in course certification, quality control activities associated with the course, and issuance of the permit. (e) Any person who has received a permit or certificate that indicates satisfactory completion of a club or baton training course approved by the Commission on Peace Officer Standards and Training prior to January 1, 1983, shall not be required to obtain a club or baton permit or complete a course certified by the Department of Consumer Affairs. (f) Any person employed as a county sheriff’s or police security officer, as defined in Section 831.4, shall not be required to obtain a club or baton permit or to complete a course certified by the Department of Consumer Affairs in the carrying and use of a club or baton, provided that the person completes a course approved by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton, within 90 days of employment. (g) Nothing in any provision listed in Section 16580 prohibits an animal control officer, as described in Section 830.9, or an illegal dumping enforcement officer, as described in Section 830.7, from carrying any wooden club or baton if the animal control officer or illegal dumping enforcement officer has satisfactorily completed the course of instruction certified by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton. The training institution certified by the Commission on Peace Officer Standards and Training to present this course, whether public or private, is authorized to charge a fee covering the cost of the training. SEC. 4. SEC. 3. Section 26065 is added to the Penal Code, to read: 26065. Notwithstanding Section 25850, 25850 of this code and Section 2006 of the Fish and Game Code, a person regularly employed by the Los Angeles County Metropolitan Transit Transportation Authority as a security officer may be permitted to carry a shotgun, as defined in Section 17190, in a patrol vehicle or armored vehicle owned by the authority for use in carrying out the security officer’s official duties. duties when performing revenue protection duties. A security officer may only carry a shotgun in a vehicle pursuant to this section if the vehicle is an armored vehicle designated for revenue collection and only when the officer is performing revenue protection duties. SEC. 5. SEC. 4. Section 32455 is added to the Penal Code, to read: 32455. Section 32310 does not apply to the sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by the Los Angeles County Metropolitan Transit Transportation Authority for use by its employee security officers in the discharge of their official duties. SEC. 6. SEC. 5. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Los Angeles County Metropolitan Transit Transportation Authority. ### Summary: This bill would amend the Business and Professions Code to exempt from the definition of “proprietary private security officer” a person who is employed exclusively and regularly by an

The people of the State of California do enact as follows: SECTION 1. Chapter 3.1 (commencing with Section 35630) is added to Division 26.5 of the Public Resources Code, to read: CHAPTER 3.1. Ocean Acidification and Hypoxia Mitigation 35630. The Legislature finds and declares all of the following: (a) Ocean acidification and hypoxia, an abnormal deficiency of oxygen in marine environments, are two major threats to ocean and coastal ecosystems globally, and west coast states are particularly vulnerable, according to the April 2016 findings of the West Coast Ocean Acidification and Hypoxia Science Panel. (b) The West Coast Ocean Acidification and Hypoxia Science Panel was a binational collaboration of leading scientists from California, Oregon, Washington, and British Columbia that was convened at the request of the council and the California Ocean Science Trust. The West Coast Ocean Acidification and Hypoxia Science Panel’s executive summary report outlines findings, recommendations, and actions to address ocean acidification and hypoxia. (c) Ocean acidification is caused primarily by global carbon dioxide emissions. Local carbon dioxide emissions and local nutrient inputs can intensify the effects of ocean acidification. (d) The West Coast Ocean Acidification and Hypoxia Science Panel recommends that California and other west coast states actively employ strategies that address local factors that can reduce ocean acidification and hypoxia exposure, including protecting and restoring critical coastal and aquatic habitats. (e) Eelgrass ecosystems are among the most diverse and productive ecosystems in the world, with particular importance to farmed shellfish aquaculture and other forms of sustainable aquaculture and to commercially and recreationally valuable species, including shellfish, crabs, finfish, waterfowl, and shorebirds. (f) Eelgrass protection and restoration efforts help promote a healthier ocean for ecosystems and industry. (g) Since the 1850s, 90 percent of California’s eelgrass acreage has been destroyed, and the remaining 10 percent is continuously exposed to multiple stressors and threats. (h) Scientific research has shown that eelgrass habitat provides multiple benefits, including the following: (1) Providing essential habitat for salmon, groundfish, and Pacific herring, providing Dungeness crab nurseries, and supporting commercial fisheries important to California’s coastal economy. (2) Improving water quality by filtering polluted runoff and by absorbing excess nutrients. (3) Helping to mitigate hypoxia. (4) Sequestering carbon in the underlying sediments. (5) Protecting the shoreline from erosion by absorbing wave energy and helping to mitigate the impacts of sea level rise. (i) Advancing the protection and restoration of eelgrass beds in California’s coastal environments, based on scientific and evidence-based approaches, is a critical strategy in enhancing California’s ability to cope with ocean acidification and hypoxia. 35632. (a) To the extent funds are available from bonds or other sources, the council, in consultation with the State Coastal Conservancy and other relevant entities, shall establish and administer the Ocean Acidification and Hypoxia Reduction Program for the purpose of achieving the following goals: (1) Developing demonstration projects to research how important environmental and ecological factors interact across space and time to influence how geographically dispersed eelgrass beds function for carbon dioxide removal and hypoxia reduction. (2) Generating an inventory of locations where conservation or restoration of aquatic habitats, including eelgrass, can be successfully applied to mitigate ocean acidification and hypoxia. (3) Incorporating consideration of carbon dioxide removal for eelgrass restoration projects during the habitat restoration planning process in order to fully account for the benefits of long-term carbon storage of habitat restoration in addition to the habitat value. (4) Supporting science, monitoring, and coordination to ensure that ocean and coastal policy and management in California reflect best readily available science on strategies to reduce ocean acidification and hypoxia to implement this section. (b) In advancing approaches in the program to remove carbon dioxide from seawater, the council shall consider approaches that provide multiple cobenefits, including, but not limited to, providing essential fish and bird habitat, improving water quality, and mitigating the impacts of sea level rise. SEC. 2. Section 35650 of the Public Resources Code is amended to read: 35650. (a) The California Ocean Protection Trust Fund is established in the State Treasury. (b) Moneys deposited in the fund may be expended, upon appropriation by the Legislature, for both of the following: (1) Projects and activities authorized by the council consistent with Chapter 3 (commencing with Section 35600). (2) Upon authorization by the council, for grants or loans to public agencies, nonprofit corporations, or private entities for, or direct expenditures on, projects or activities that do one or more of the following: (A) Eliminate or reduce threats to coastal and ocean ecosystems, habitats, and species. (B) Improve the management of fisheries through grants or loans for the development and implementation of fishery management plans pursuant to Part 1.7 (commencing with Section 7050) of Division 6 of the Fish and Game Code, a part of the Marine Life Management Act of 1998, that promote long-term stewardship and collaboration with fishery participants to develop strategies that increase environmental and economic sustainability. Eligible projects and activities include, but are not limited to, innovative community-based or cooperative management and allocation strategies that create incentives for ecosystem improvement. Eligible expenditures include, but are not limited to, costs related to activities identified in subdivisions (a), (b), and (d) of Section 7075 of the Fish and Game Code, fishery research, monitoring, data collection and analysis to support adaptive management, and other costs related to the development and implementation of a fishery management plan developed pursuant to this subparagraph. (C) Foster sustainable fisheries, including grants or loans for one or more of the following: (i) Projects that encourage the development and use of more selective fishing gear. (ii) The design of community-based or cooperative management mechanisms that promote long-term stewardship and collaboration with fishery participants to develop strategies that increase environmental and economic sustainability. (iii) Collaborative research and demonstration projects between fishery participants, scientists, and other interested parties. (iv) Promotion of value-added wild fisheries to offset economic losses attributable to reduced fishing opportunities. (v) The creation of revolving loan programs for the purpose of implementing sustainable fishery projects. (D) Improve coastal water quality. (E) Allow for increased public access to, and enjoyment of, ocean and coastal resources, consistent with sustainable, long-term protection and conservation of those resources. (F) Improve management, conservation, and protection of coastal waters and ocean ecosystems. (G) Provide monitoring and scientific data to improve state efforts to protect and conserve ocean resources. (H) Protect, conserve, and restore coastal waters and ocean ecosystems, including any of the following: (i) Acquisition, installation, and initiation of monitoring and enforcement systems. (ii) Acquisition from willing sellers of vessels, equipment, licenses, harvest rights, permits, and other rights and property, to reduce threats to ocean ecosystems and resources. (I) Address coastal water contamination from biological pathogens, including collaborative projects and activities to identify the sources of pathogens and develop detection systems and treatment methods. (J) (i) Provide funding for adaptive management, planning, coordination, monitoring, research, and other necessary activities to minimize the adverse impacts of climate change on California’s ocean ecosystem, including, but not limited to, the effects of sea level rise, changes in ocean productivity, and ocean acidification on coastal and ocean habitat, wildlife, fisheries, chemistry, and other key attributes of ocean ecosystems and to increase the state’s understanding of the ocean’s role in carbon sequestration. Adaptive management strategies, planning, research, monitoring, or other activities shall be designed to improve the management of coastal and ocean resources or aid the state to adapt to climate change impacts. (ii) Information or activities developed under clause (i), to the extent appropriate, shall provide guidance to the State Air Resources Board for the adoption of early action measures for the elimination or reduction of emissions from sources or categories of sources pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). (c) Grants or loans may be made to a private entity pursuant to this section only for projects or activities that further public purposes consistent with Sections 35510, 35515, 35617, and 35632. (d) Consistent with the purposes specified in Section 35515, and in furtherance of the findings in Sections 7059 and 7060 of the Fish and Game Code, the council, in authorizing grants or loans for projects or expenditures pursuant to this section, shall promote coordination of state programs and activities that protect and conserve ocean resources to avoid redundancy and conflicts to ensure that the state’s programs and activities are complementary.

The California Ocean Protection Act establishes the Ocean Protection Council and requires the council, among other things, to coordinate activities of state agencies that are related to the protection and conservation of coastal waters and ocean ecosystems, and to establish policies to coordinate the collection and sharing of scientific data related to coastal and ocean resources among agencies. The act creates the California Ocean Protection Trust Fund in the State Treasury and authorizes moneys deposited in the fund, upon appropriation by the Legislature, to be expended by the council for projects and activities authorized by the council consistent with the purposes of the act. This bill would require the council, in consultation with the State Coastal Conservancy and other relevant entities, to establish and administer the Ocean Acidification and Hypoxia Reduction Program for the purposes of achieving specified goals. The bill would authorize moneys in the trust fund to be expended for grants or loans for projects or activities that further public purposes consistent with the Ocean Acidification and Hypoxia Reduction Program.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 3.1 (commencing with Section 35630) is added to Division 26.5 of the Public Resources Code, to read: CHAPTER 3.1. Ocean Acidification and Hypoxia Mitigation 35630. The Legislature finds and declares all of the following: (a) Ocean acidification and hypoxia, an abnormal deficiency of oxygen in marine environments, are two major threats to ocean and coastal ecosystems globally, and west coast states are particularly vulnerable, according to the April 2016 findings of the West Coast Ocean Acidification and Hypoxia Science Panel. (b) The West Coast Ocean Acidification and Hypoxia Science Panel was a binational collaboration of leading scientists from California, Oregon, Washington, and British Columbia that was convened at the request of the council and the California Ocean Science Trust. The West Coast Ocean Acidification and Hypoxia Science Panel’s executive summary report outlines findings, recommendations, and actions to address ocean acidification and hypoxia. (c) Ocean acidification is caused primarily by global carbon dioxide emissions. Local carbon dioxide emissions and local nutrient inputs can intensify the effects of ocean acidification. (d) The West Coast Ocean Acidification and Hypoxia Science Panel recommends that California and other west coast states actively employ strategies that address local factors that can reduce ocean acidification and hypoxia exposure, including protecting and restoring critical coastal and aquatic habitats. (e) Eelgrass ecosystems are among the most diverse and productive ecosystems in the world, with particular importance to farmed shellfish aquaculture and other forms of sustainable aquaculture and to commercially and recreationally valuable species, including shellfish, crabs, finfish, waterfowl, and shorebirds. (f) Eelgrass protection and restoration efforts help promote a healthier ocean for ecosystems and industry. (g) Since the 1850s, 90 percent of California’s eelgrass acreage has been destroyed, and the remaining 10 percent is continuously exposed to multiple stressors and threats. (h) Scientific research has shown that eelgrass habitat provides multiple benefits, including the following: (1) Providing essential habitat for salmon, groundfish, and Pacific herring, providing Dungeness crab nurseries, and supporting commercial fisheries important to California’s coastal economy. (2) Improving water quality by filtering polluted runoff and by absorbing excess nutrients. (3) Helping to mitigate hypoxia. (4) Sequestering carbon in the underlying sediments. (5) Protecting the shoreline from erosion by absorbing wave energy and helping to mitigate the impacts of sea level rise. (i) Advancing the protection and restoration of eelgrass beds in California’s coastal environments, based on scientific and evidence-based approaches, is a critical strategy in enhancing California’s ability to cope with ocean acidification and hypoxia. 35632. (a) To the extent funds are available from bonds or other sources, the council, in consultation with the State Coastal Conservancy and other relevant entities, shall establish and administer the Ocean Acidification and Hypoxia Reduction Program for the purpose of achieving the following goals: (1) Developing demonstration projects to research how important environmental and ecological factors interact across space and time to influence how geographically dispersed eelgrass beds function for carbon dioxide removal and hypoxia reduction. (2) Generating an inventory of locations where conservation or restoration of aquatic habitats, including eelgrass, can be successfully applied to mitigate ocean acidification and hypoxia. (3) Incorporating consideration of carbon dioxide removal for eelgrass restoration projects during the habitat restoration planning process in order to fully account for the benefits of long-term carbon storage of habitat restoration in addition to the habitat value. (4) Supporting science, monitoring, and coordination to ensure that ocean and coastal policy and management in California reflect best readily available science on strategies to reduce ocean acidification and hypoxia to implement this section. (b) In advancing approaches in the program to remove carbon dioxide from seawater, the council shall consider approaches that provide multiple cobenefits, including, but not limited to, providing essential fish and bird habitat, improving water quality, and mitigating the impacts of sea level rise. SEC. 2. Section 35650 of the Public Resources Code is amended to read: 35650. (a) The California Ocean Protection Trust Fund is established in the State Treasury. (b) Moneys deposited in the fund may be expended, upon appropriation by the Legislature, for both of the following: (1) Projects and activities authorized by the council consistent with Chapter 3 (commencing with Section 35600). (2) Upon authorization by the council, for grants or loans to public agencies, nonprofit corporations, or private entities for, or direct expenditures on, projects or activities that do one or more of the following: (A) Eliminate or reduce threats to coastal and ocean ecosystems, habitats, and species. (B) Improve the management of fisheries through grants or loans for the development and implementation of fishery management plans pursuant to Part 1.7 (commencing with Section 7050) of Division 6 of the Fish and Game Code, a part of the Marine Life Management Act of 1998, that promote long-term stewardship and collaboration with fishery participants to develop strategies that increase environmental and economic sustainability. Eligible projects and activities include, but are not limited to, innovative community-based or cooperative management and allocation strategies that create incentives for ecosystem improvement. Eligible expenditures include, but are not limited to, costs related to activities identified in subdivisions (a), (b), and (d) of Section 7075 of the Fish and Game Code, fishery research, monitoring, data collection and analysis to support adaptive management, and other costs related to the development and implementation of a fishery management plan developed pursuant to this subparagraph. (C) Foster sustainable fisheries, including grants or loans for one or more of the following: (i) Projects that encourage the development and use of more selective fishing gear. (ii) The design of community-based or cooperative management mechanisms that promote long-term stewardship and collaboration with fishery participants to develop strategies that increase environmental and economic sustainability. (iii) Collaborative research and demonstration projects between fishery participants, scientists, and other interested parties. (iv) Promotion of value-added wild fisheries to offset economic losses attributable to reduced fishing opportunities. (v) The creation of revolving loan programs for the purpose of implementing sustainable fishery projects. (D) Improve coastal water quality. (E) Allow for increased public access to, and enjoyment of, ocean and coastal resources, consistent with sustainable, long-term protection and conservation of those resources. (F) Improve management, conservation, and protection of coastal waters and ocean ecosystems. (G) Provide monitoring and scientific data to improve state efforts to protect and conserve ocean resources. (H) Protect, conserve, and restore coastal waters and ocean ecosystems, including any of the following: (i) Acquisition, installation, and initiation of monitoring and enforcement systems. (ii) Acquisition from willing sellers of vessels, equipment, licenses, harvest rights, permits, and other rights and property, to reduce threats to ocean ecosystems and resources. (I) Address coastal water contamination from biological pathogens, including collaborative projects and activities to identify the sources of pathogens and develop detection systems and treatment methods. (J) (i) Provide funding for adaptive management, planning, coordination, monitoring, research, and other necessary activities to minimize the adverse impacts of climate change on California’s ocean ecosystem, including, but not limited to, the effects of sea level rise, changes in ocean productivity, and ocean acidification on coastal and ocean habitat, wildlife, fisheries, chemistry, and other key attributes of ocean ecosystems and to increase the state’s understanding of the ocean’s role in carbon sequestration. Adaptive management strategies, planning, research, monitoring, or other activities shall be designed to improve the management of coastal and ocean resources or aid the state to adapt to climate change impacts. (ii) Information or activities developed under clause (i), to the extent appropriate, shall provide guidance to the State Air Resources Board for the adoption of early action measures for the elimination or reduction of emissions from sources or categories of sources pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). (c) Grants or loans may be made to a private entity pursuant to this section only for projects or activities that further public purposes consistent with Sections 35510, 35515, 35617, and 35632. (d) Consistent with the purposes specified in Section 35515, and in furtherance of the findings in Sections 7059 and 7060 of the Fish and Game Code, the council, in authorizing grants or loans for projects or expenditures pursuant to this section, shall promote coordination of state programs and activities that protect and conserve ocean resources to avoid redundancy and conflicts to ensure that the state’s programs and activities are complementary. ### Summary: This bill would add a new chapter to the Public Resources Code relating to ocean acidification and hypoxia. The bill would require the council to establish and administer the Ocean

The people of the State of California do enact as follows: SECTION 1. Section 11323.2 of the Welfare and Institutions Code is amended to read: 11323.2. (a) Necessary supportive services shall be available to every participant in order to participate in the program activity to which he or she is assigned or to accept employment or the participant shall have good cause for not participating under subdivision (f) of Section 11320.3. As provided in the welfare-to-work plan entered into between the county and participant pursuant to this article, supportive services shall include all of the following: (1) Child care. (A) Paid child care shall be available to every participant with a dependent child in the assistance unit who needs paid child care if the child is 10 years of age or under, or requires child care or supervision due to a physical, mental, or developmental disability or other similar condition as verified by the county welfare department, or who is under court supervision. (B) To the extent funds are available, paid child care shall be available to a participant with a dependent child in the assistance unit who needs paid child care if the child is 11 or 12 years of age. (C) Necessary child care services shall be available to every former recipient for up to two years, pursuant to Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code. (D) A child in foster care receiving benefits under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) or a child who would become a dependent child except for the receipt of federal Supplemental Security Income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) shall be deemed to be a dependent child for the purposes of this paragraph. (E) The provision of care and payment rates under this paragraph shall be governed by Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code. Parent fees shall be governed by subdivisions (g) and (h) of Section 8263 of the Education Code. (2) (A) Transportation costs, which shall be governed by regional market rates as determined in accordance with regulations established by the department. (B) A standard allowance for transportation costs shall be issued in advance to a participant at the beginning of each month in an the amount that is equal to the cost of a monthly pass for the county public transit system. If a county does not have a public transit system, the participant shall receive of one hundred dollars ($100) per month. A participant is entitled to opt out of the standard allowance at any time and make a reimbursement claim for the actual costs of transportation, and may submit this claim to the county by mail, in person, or or, if the county already has the technological capacity to do so, via the county’s Internet Web site. (3) (A) Ancillary expenses, which shall include the cost of books, tools, clothing specifically required for the job, fees, and other necessary costs. (B) A participant who has been assigned to an educational activity in a full time, as defined by the postsecondary school school, shall receive a standard allowance of five hundred dollars ($500) ($500). If the participant has been assigned to an educational activity part time, as defined by the postsecondary school, he or she shall receive a standard allowance of two hundred fifty dollars ($250). An allowance paid pursuant to this subparagraph shall be paid no later than 15 days before the start of the semester to ensure that the participant has the funds necessary to purchase books and supplies required by the educational institution. The standard allowance shall be adjusted annually for inflation according to the California Consumer Price Index. A participant is entitled to opt out of the standard allowance at any time and make a reimbursement claim for the actual costs of books and supplies, and may submit this claim to the county by mail, in person, or or, if the county already has the technological capacity to do so, via the county’s Internet Web site. (4) Personal counseling. A participant who has personal or family problems that would affect the outcome of the welfare-to-work plan entered into pursuant to this article shall, to the extent available, receive necessary counseling or therapy to help him or her and his or her family adjust to his or her job or training assignment. (b) If provided in a county plan, the county may continue to provide case management and supportive services under this section to former participants who become employed. The county may provide these services for up to the first 12 months of employment to the extent they are not available from other sources and are needed for the individual to retain the employment. SEC. 2. 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), the department may implement this act through an all-county letter or similar instruction from the director. The all-county letter or similar instruction shall be issued no later than April 1, 2017. SEC. 3. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

(1) 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 block grant program, state, and county funds. Existing law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid. Existing law requires that necessary supportive services be available to participants in welfare-to-work activities, including transportation costs and ancillary expenses, which include the cost of books, as provided in the welfare-to-work plan entered into between the county and the participant. This bill would require that a standard allowance for transportation costs be advanced to a participant at the beginning of each month in an amount that is equal to the cost of a monthly pass for the county public transit system, or if a county does not have a public transit system, in the amount of $100 per month. The bill would also require that a participant who has been assigned to an educational activity in a postsecondary school full time, as defined by the school, receive a standard allowance of $500 for books and supplies, or $250 if the participant has been assigned to an educational activity part time, as defined by the school, adjusted annually as specified, specified. The bill would require the educational allowance to be paid at least 15 days before the start of the semester. The bill would authorize the participant to opt out of these standard allowances at any time and make a reimbursement claim for actual costs, and to submit this claim to the county by mail, in person, or or, if the county already has the technological capacity to do so, via the county’s Internet Web site. By increasing the duties of counties administering these services, this bill would impose a state-mandated local program. (2) Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 11323.2 of the Welfare and Institutions Code is amended to read: 11323.2. (a) Necessary supportive services shall be available to every participant in order to participate in the program activity to which he or she is assigned or to accept employment or the participant shall have good cause for not participating under subdivision (f) of Section 11320.3. As provided in the welfare-to-work plan entered into between the county and participant pursuant to this article, supportive services shall include all of the following: (1) Child care. (A) Paid child care shall be available to every participant with a dependent child in the assistance unit who needs paid child care if the child is 10 years of age or under, or requires child care or supervision due to a physical, mental, or developmental disability or other similar condition as verified by the county welfare department, or who is under court supervision. (B) To the extent funds are available, paid child care shall be available to a participant with a dependent child in the assistance unit who needs paid child care if the child is 11 or 12 years of age. (C) Necessary child care services shall be available to every former recipient for up to two years, pursuant to Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code. (D) A child in foster care receiving benefits under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) or a child who would become a dependent child except for the receipt of federal Supplemental Security Income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) shall be deemed to be a dependent child for the purposes of this paragraph. (E) The provision of care and payment rates under this paragraph shall be governed by Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code. Parent fees shall be governed by subdivisions (g) and (h) of Section 8263 of the Education Code. (2) (A) Transportation costs, which shall be governed by regional market rates as determined in accordance with regulations established by the department. (B) A standard allowance for transportation costs shall be issued in advance to a participant at the beginning of each month in an the amount that is equal to the cost of a monthly pass for the county public transit system. If a county does not have a public transit system, the participant shall receive of one hundred dollars ($100) per month. A participant is entitled to opt out of the standard allowance at any time and make a reimbursement claim for the actual costs of transportation, and may submit this claim to the county by mail, in person, or or, if the county already has the technological capacity to do so, via the county’s Internet Web site. (3) (A) Ancillary expenses, which shall include the cost of books, tools, clothing specifically required for the job, fees, and other necessary costs. (B) A participant who has been assigned to an educational activity in a full time, as defined by the postsecondary school school, shall receive a standard allowance of five hundred dollars ($500) ($500). If the participant has been assigned to an educational activity part time, as defined by the postsecondary school, he or she shall receive a standard allowance of two hundred fifty dollars ($250). An allowance paid pursuant to this subparagraph shall be paid no later than 15 days before the start of the semester to ensure that the participant has the funds necessary to purchase books and supplies required by the educational institution. The standard allowance shall be adjusted annually for inflation according to the California Consumer Price Index. A participant is entitled to opt out of the standard allowance at any time and make a reimbursement claim for the actual costs of books and supplies, and may submit this claim to the county by mail, in person, or or, if the county already has the technological capacity to do so, via the county’s Internet Web site. (4) Personal counseling. A participant who has personal or family problems that would affect the outcome of the welfare-to-work plan entered into pursuant to this article shall, to the extent available, receive necessary counseling or therapy to help him or her and his or her family adjust to his or her job or training assignment. (b) If provided in a county plan, the county may continue to provide case management and supportive services under this section to former participants who become employed. The county may provide these services for up to the first 12 months of employment to the extent they are not available from other sources and are needed for the individual to retain the employment. SEC. 2. 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), the department may implement this act through an all-county letter or similar instruction from the director. The all-county letter or similar instruction shall be issued no later than April 1, 2017. SEC. 3. No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of implementing this act. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: This bill would amend Section 11323.2 of the Welfare and Institutions Code, relating to child care. ### Fiscal Effect: No

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The goal of Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) is to provide greater levels of gender equity in schools. The results have been higher enrollment in colleges and universities, increased numbers of graduate degrees in science and mathematics, increased participation in athletics, and fairer treatment in cases of sexual and gender harassment. These benefits not only lead to higher self-esteem and enhanced leadership skills, but also to higher rates of graduation and greater levels of career success. Title IX was approved in 1972, yet noncompliance with its requirements is still problematic. (b) Title IX addresses 10 key areas: Access to Higher Education, Athletics, Career Education, Education for Pregnant and Parenting Students, Employment, Learning Environment, Mathematics and Science, Sexual Harassment, Standardized Testing, and Technology. (c) On January 20, 2015, the Senate Judiciary Committee held an informational hearing entitled “Attaining Equal Opportunity for Girls in California’s Secondary Schools: How our Schools are Complying with Title IX.” During the hearing, the committee heard from the United States Department of Education Office for Civil Rights and the State Department of Education. (d) As demonstrated by testimony provided during the informational hearing, school districts are often unaware that Title IX requires them to do the following: (1) Appoint a Title IX coordinator at both the district and school levels who is responsible for coordinating the school and school district’s Title IX compliance. The coordinator should not have other responsibilities that create a conflict of interest with his or her role as coordinator. (2) Adopt and publish rules and procedures on how to receive, investigate, and respond to a complaint filed under Title IX. (3) Notify all pupils, parents and guardians of pupils, and school staff of their rights under Title IX. (e) A 2015 American Civil Liberties Union (ACLU) of California report found widespread unawareness among pupils and school administrators of the rights of pregnant and parenting pupils, including an extremely limited knowledge that pregnant pupils and those recovering from childbirth and related medical conditions are entitled to services available to other pupils with temporary medical conditions. (f) The ACLU report found that only 4 percent of school districts surveyed included “parenting” status within the list of categories in the nondiscrimination board policy, 25 percent of pupil survey respondents indicated that they had been restricted from participating in an extracurricular activity, such as physical education or a sport, due to their pregnancy status, and 13 percent of pupil survey respondents said that they were required by their school district to move to an alternative or continuation school as a result of their pregnancy despite the law requiring that enrollment in separate programs for parenting pupils be strictly voluntary. (g) Since Title IX was passed 44 years ago, it has been the subject of over 20 proposed amendments, reviews, Supreme Court cases, and other political actions. It is a living, breathing law that benefits countless women and girls. The lack of knowledge of and training on Title IX harms pupils. SEC. 2. Section 221.61 is added to the Education Code, immediately following Section 221.6, to read: 221.61. (a) On or before July 1, 2017, public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools shall post in a prominent and conspicuous location on their Internet Web sites all of the following: (1) The name and contact information of the Title IX coordinator for that public school, private school, school district, county office of education, or charter school, which shall include the Title IX coordinator’s phone number and email address. (2) The rights of a pupil and the public and the responsibilities of the public school, private school, school district, county office of education, or charter school under Title IX, which shall include, but shall not be limited to, Internet Web links to information about those rights and responsibilities located on the Internet Web sites of the department’s Office for Equal Opportunity and the United States Department of Education Office of Civil Rights, and the list of rights specified in Section 221.8. (3) A description of how to file a complaint under Title IX, which shall include all of the following: (A) An explanation of the statute of limitations within which a complaint must be filed after an alleged incident of discrimination has occurred, and how a complaint may be filed beyond the statute of limitations. (B) An explanation of how the complaint will be investigated and how the complainant may further pursue the complaint, including, but not limited to, Internet Web links to this information on the United States Department of Education Office for Civil Rights’ Internet Web site. (C) An Internet Web link to the United States Department of Education Office for Civil Rights complaints form, and the contact information for the office, which shall include the phone number and email address for the office. (b) On or before April 1, 2017, and annually thereafter, the Superintendent shall send a letter through electronic means to all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools informing them of the requirement specified in subdivision (a) and of their responsibilities under Title IX. (c) A public school that does not maintain an Internet Web site may comply with subdivision (a) by posting the information specified in paragraphs (1) to (3), inclusive, of subdivision (a) on the Internet Web site of its school district or county office of education. (d) Nothing in this section shall be construed to require a school or local educational agency to establish an Internet Web site if the school or local educational agency does not already maintain one. 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, the Sex Equity in Education Act, states the policy of the state that elementary and secondary school classes and courses, including nonacademic and elective classes and courses, be conducted without regard to the sex of the pupil enrolled in these classes or courses. Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination under, any education program or activity receiving federal financial assistance. This bill would require, on or before July 1, 2017, all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools to post in a prominent and conspicuous location on their Internet Web sites specified information relating to Title IX. The bill would require the Superintendent of Public Instruction to annually send a letter through electronic means to all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools informing them of the new requirement that would be created by this bill and of their responsibilities under Title IX. Because the bill would impose additional duties on public schools, school districts, county offices of education, and charter schools, 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.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The goal of Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) is to provide greater levels of gender equity in schools. The results have been higher enrollment in colleges and universities, increased numbers of graduate degrees in science and mathematics, increased participation in athletics, and fairer treatment in cases of sexual and gender harassment. These benefits not only lead to higher self-esteem and enhanced leadership skills, but also to higher rates of graduation and greater levels of career success. Title IX was approved in 1972, yet noncompliance with its requirements is still problematic. (b) Title IX addresses 10 key areas: Access to Higher Education, Athletics, Career Education, Education for Pregnant and Parenting Students, Employment, Learning Environment, Mathematics and Science, Sexual Harassment, Standardized Testing, and Technology. (c) On January 20, 2015, the Senate Judiciary Committee held an informational hearing entitled “Attaining Equal Opportunity for Girls in California’s Secondary Schools: How our Schools are Complying with Title IX.” During the hearing, the committee heard from the United States Department of Education Office for Civil Rights and the State Department of Education. (d) As demonstrated by testimony provided during the informational hearing, school districts are often unaware that Title IX requires them to do the following: (1) Appoint a Title IX coordinator at both the district and school levels who is responsible for coordinating the school and school district’s Title IX compliance. The coordinator should not have other responsibilities that create a conflict of interest with his or her role as coordinator. (2) Adopt and publish rules and procedures on how to receive, investigate, and respond to a complaint filed under Title IX. (3) Notify all pupils, parents and guardians of pupils, and school staff of their rights under Title IX. (e) A 2015 American Civil Liberties Union (ACLU) of California report found widespread unawareness among pupils and school administrators of the rights of pregnant and parenting pupils, including an extremely limited knowledge that pregnant pupils and those recovering from childbirth and related medical conditions are entitled to services available to other pupils with temporary medical conditions. (f) The ACLU report found that only 4 percent of school districts surveyed included “parenting” status within the list of categories in the nondiscrimination board policy, 25 percent of pupil survey respondents indicated that they had been restricted from participating in an extracurricular activity, such as physical education or a sport, due to their pregnancy status, and 13 percent of pupil survey respondents said that they were required by their school district to move to an alternative or continuation school as a result of their pregnancy despite the law requiring that enrollment in separate programs for parenting pupils be strictly voluntary. (g) Since Title IX was passed 44 years ago, it has been the subject of over 20 proposed amendments, reviews, Supreme Court cases, and other political actions. It is a living, breathing law that benefits countless women and girls. The lack of knowledge of and training on Title IX harms pupils. SEC. 2. Section 221.61 is added to the Education Code, immediately following Section 221.6, to read: 221.61. (a) On or before July 1, 2017, public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools shall post in a prominent and conspicuous location on their Internet Web sites all of the following: (1) The name and contact information of the Title IX coordinator for that public school, private school, school district, county office of education, or charter school, which shall include the Title IX coordinator’s phone number and email address. (2) The rights of a pupil and the public and the responsibilities of the public school, private school, school district, county office of education, or charter school under Title IX, which shall include, but shall not be limited to, Internet Web links to information about those rights and responsibilities located on the Internet Web sites of the department’s Office for Equal Opportunity and the United States Department of Education Office of Civil Rights, and the list of rights specified in Section 221.8. (3) A description of how to file a complaint under Title IX, which shall include all of the following: (A) An explanation of the statute of limitations within which a complaint must be filed after an alleged incident of discrimination has occurred, and how a complaint may be filed beyond the statute of limitations. (B) An explanation of how the complaint will be investigated and how the complainant may further pursue the complaint, including, but not limited to, Internet Web links to this information on the United States Department of Education Office for Civil Rights’ Internet Web site. (C) An Internet Web link to the United States Department of Education Office for Civil Rights complaints form, and the contact information for the office, which shall include the phone number and email address for the office. (b) On or before April 1, 2017, and annually thereafter, the Superintendent shall send a letter through electronic means to all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools informing them of the requirement specified in subdivision (a) and of their responsibilities under Title IX. (c) A public school that does not maintain an Internet Web site may comply with subdivision (a) by posting the information specified in paragraphs (1) to (3), inclusive, of subdivision (a) on the Internet Web site of its school district or county office of education. (d) Nothing in this section shall be construed to require a school or local educational agency to establish an Internet Web site if the school or local educational agency does not already maintain one. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: This bill requires public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) California leads the nation in the number of homeless residents with 115,738 people experiencing homelessness at some point, which is 21 percent of the nation’s total. California also leads the nation in the number and ratio of chronically homeless residents with 29,178 chronically homeless residents at any point in time, which is 31 percent of the nation’s total. California also has 10,416 homeless youth, which is 28 percent of the nation’s total. (b) Homelessness is expensive to the state and local governments. A homeless person receiving general assistance in Los Angeles County, for example, incurs $2,897 per month in crisis response services. (c) A chronically homeless Californian moving into “supportive housing” is able to reduce costs he or she incurs by almost 80 percent. Moving an individual or family experiencing chronic homelessness to housing stability costs less than the resulting savings in public expenditures. (d) Following the example of other states, as well as jurisdictions within California, it is the intent of the Legislature to adopt a “Housing First” model for all state programs funding housing for people experiencing homelessness or at risk of homelessness. These housing models should address the distinct needs of homeless populations, including unaccompanied youth under 25 years of age. (e) Housing First is an evidence-based model of ending all types of homelessness and is the most effective approach to ending chronic homelessness. The federal government recognizes that Housing First yields high-housing retention rates, low returns to homelessness, and significant reductions in crisis or institutional care. The federal government also recognizes the value of time-limited housing to address the needs of unaccompanied homeless youth and persons fleeing domestic violence. (f) Homelessness affects multiple systems in California. Though almost every state with significant homeless populations has established a council to coordinate a Housing First-oriented response to homelessness, California does not have any entity to manage the state’s response to homelessness. (g) California participated in a federally funded policy academy to reduce chronic homelessness. That policy academy succeeded in revising programs that the Department of Housing and Community Development (HCD) administers, and in attracting federal funding opportunities requiring collaboration between the HCD and the State Department of Health Care Services. To implement additional successes, it is essential that California have a coordinating council on homelessness. SEC. 2. Chapter 6.5 (commencing with Section 8255) is added to Division 8 of the Welfare and Institutions Code, to read: CHAPTER 6.5. Housing First and Coordinating Council 8255. For purposes of this chapter: (a) “Coordinating council” means the Homeless Coordinating and Financing Council established pursuant to Section 8257. (b) “Core components of Housing First” means all of the following: (1) Tenant screening and selection practices that promote accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services. (2) Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of “housing readiness.” (3) Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness. (4) Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals. (5) Participation in services or program compliance is not a condition of permanent housing tenancy. (6) Tenants have a lease and all the rights and responsibilities of tenancy, as outlined in California’s Civil, Health and Safety, and Government codes. (7) The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for eviction. (8) In communities with coordinated assessment and entry systems, incentives for funding promote tenant selection plans for supportive housing that prioritize eligible tenants based on criteria other than “first-come-first-serve,” including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents. (9) Case managers and service coordinators who are trained in and actively employ evidence-based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling. (10) Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants’ lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses. (11) The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health and community and independence among tenants. (c) “Homeless” has the same definition as that term is defined in Section, and move-in assistance. (e) “State programs” means any programs a California state agency or department funds, implements, or administers for the purpose of providing housing or housing-based services to people experiencing homelessness or at risk of homelessness, with the exception of federally funded programs with requirements inconsistent with this chapter or programs that fund emergency shelters. 8256. (a) Agencies and departments administering state programs created on or after July 1, 2017, shall collaborate with the coordinating council to adopt guidelines and regulations to incorporate core components of Housing First. (b) By July 1, 2019, agencies and departments administering state programs in existence prior to July 1, 2017, shall collaborate with the coordinating council to revise or adopt guidelines and regulations that incorporate the core components of Housing First, if the existing guidelines and regulations do not already incorporate the core components of Housing First. 8257. (a) Within 180 days of the effective date of the measure adding this chapter, the Governor shall create a Homeless Coordinating and Financing Council. (b) The council shall have the following goals: (1) To oversee implementation of this chapter. (2) To identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California. (3) To create partnerships among state agencies and departments, local government agencies, participants in the United States Department of Housing and Urban Development’s Continuum of Care Program, federal agencies, the United States Interagency Council on Homelessness, nonprofit entities working to end homelessness, homeless services providers, and the private sector, for the purpose of arriving at specific strategies to end homelessness. (4) To promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness, including unaccompanied youth under 25 years of age. (5) To coordinate existing funding and applications for competitive funding. Any action taken pursuant to this paragraph shall not restructure or change any existing allocations or allocation formulas. (6) To make policy and procedural recommendations to legislators and other governmental entities. (7) To identify and seek funding opportunities for state entities that have programs to end homelessness, including, but not limited to, federal and philanthropic funding opportunities, and to facilitate and coordinate those state entities’ efforts to obtain that funding. (8) To broker agreements between state agencies and departments and between state agencies and departments and local jurisdictions to align and coordinate resources, reduce administrative burdens of accessing existing resources, and foster common applications for services, operating, and capital funding. (9) To serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California. (10) To report to the Governor, federal Cabinet members, and the Legislature on homelessness and work to reduce homelessness. (11) To ensure accountability and results in meeting the strategies and goals of the council. (12) To identify and implement strategies to fight homelessness in small communities and rural areas. (13) To create a statewide data system or warehouse that collects local data through Homeless Management Information Systems, with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs, such as Medi-Cal (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) and CalWORKS (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code). (c) (1) The Governor shall appoint up to 15 members of the council as follows: (A) A representative from the Department of Housing and Community Development. (B) A representative of the State Department of Social Services. (C) A representative of the California Housing Finance Agency. (D) A representative of the State Department of Health Care Services. (E) A representative of the Department of Veterans Affairs. (F) A representative of the Department of Corrections and Rehabilitation. (G) A representative from the California Tax Credit Allocation Committee in the Treasurer’s office. (H) A representative of the Victim Services Program within the Division of Grants Management within the Office of Emergency Services. (I) A formerly homeless person who lives in California. (J) Two representatives of local agencies or organizations that participate in the United States Department of Housing and Urban Development’s Continuum of Care Program. (K) State advocates or other members of the public or state agencies, according to the Governor’s discretion. (2) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one representative of the council from two different stakeholder organizations. (3) The council may, at its discretion, invite stakeholders, individuals who have experienced homelessness, members of philanthropic communities, and experts to participate in meetings or provide information to the council. (d) The council shall hold public meetings at least once every quarter. (e) The members of the council shall serve at the pleasure of the Governor. (f) Within existing funding, the council may establish working groups, task forces, or other structures from within its membership or with outside members to assist it in its work. Working groups, task forces, or other structures established by the council shall determine their own meeting schedules. (g) The members of the council shall serve without compensation, except that members of the council who are, or have been, homeless may receive reimbursement for travel, per diem, or other expenses. (h) The Department of Housing and Community Development shall provide staff for the council. (i) The members of the council may enter into memoranda of understanding with other members of the council to achieve the goals set forth in this chapter, as necessary, in order to facilitate communication and cooperation between the entities the members of the council represent.

Existing law establishes various programs, including, among others, the Emergency Housing and Assistance Program, to provide assistance to homeless persons. This bill would require a state agency or department that funds, implements, or administers a state program that provides housing or housing-related services to people experiencing homelessness or at risk of homelessness, except as specified, to revise or adopt guidelines and regulations to include enumerated Housing First policies. The bill would also establish the Homeless Coordinating and Financing Council to oversee the implementation of the Housing First guidelines and regulations and, among other things, to identify resources, benefits, and services that can be accessed to prevent and end homelessness in California.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) California leads the nation in the number of homeless residents with 115,738 people experiencing homelessness at some point, which is 21 percent of the nation’s total. California also leads the nation in the number and ratio of chronically homeless residents with 29,178 chronically homeless residents at any point in time, which is 31 percent of the nation’s total. California also has 10,416 homeless youth, which is 28 percent of the nation’s total. (b) Homelessness is expensive to the state and local governments. A homeless person receiving general assistance in Los Angeles County, for example, incurs $2,897 per month in crisis response services. (c) A chronically homeless Californian moving into “supportive housing” is able to reduce costs he or she incurs by almost 80 percent. Moving an individual or family experiencing chronic homelessness to housing stability costs less than the resulting savings in public expenditures. (d) Following the example of other states, as well as jurisdictions within California, it is the intent of the Legislature to adopt a “Housing First” model for all state programs funding housing for people experiencing homelessness or at risk of homelessness. These housing models should address the distinct needs of homeless populations, including unaccompanied youth under 25 years of age. (e) Housing First is an evidence-based model of ending all types of homelessness and is the most effective approach to ending chronic homelessness. The federal government recognizes that Housing First yields high-housing retention rates, low returns to homelessness, and significant reductions in crisis or institutional care. The federal government also recognizes the value of time-limited housing to address the needs of unaccompanied homeless youth and persons fleeing domestic violence. (f) Homelessness affects multiple systems in California. Though almost every state with significant homeless populations has established a council to coordinate a Housing First-oriented response to homelessness, California does not have any entity to manage the state’s response to homelessness. (g) California participated in a federally funded policy academy to reduce chronic homelessness. That policy academy succeeded in revising programs that the Department of Housing and Community Development (HCD) administers, and in attracting federal funding opportunities requiring collaboration between the HCD and the State Department of Health Care Services. To implement additional successes, it is essential that California have a coordinating council on homelessness. SEC. 2. Chapter 6.5 (commencing with Section 8255) is added to Division 8 of the Welfare and Institutions Code, to read: CHAPTER 6.5. Housing First and Coordinating Council 8255. For purposes of this chapter: (a) “Coordinating council” means the Homeless Coordinating and Financing Council established pursuant to Section 8257. (b) “Core components of Housing First” means all of the following: (1) Tenant screening and selection practices that promote accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services. (2) Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of “housing readiness.” (3) Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness. (4) Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals. (5) Participation in services or program compliance is not a condition of permanent housing tenancy. (6) Tenants have a lease and all the rights and responsibilities of tenancy, as outlined in California’s Civil, Health and Safety, and Government codes. (7) The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for eviction. (8) In communities with coordinated assessment and entry systems, incentives for funding promote tenant selection plans for supportive housing that prioritize eligible tenants based on criteria other than “first-come-first-serve,” including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents. (9) Case managers and service coordinators who are trained in and actively employ evidence-based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling. (10) Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants’ lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses. (11) The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health and community and independence among tenants. (c) “Homeless” has the same definition as that term is defined in Section, and move-in assistance. (e) “State programs” means any programs a California state agency or department funds, implements, or administers for the purpose of providing housing or housing-based services to people experiencing homelessness or at risk of homelessness, with the exception of federally funded programs with requirements inconsistent with this chapter or programs that fund emergency shelters. 8256. (a) Agencies and departments administering state programs created on or after July 1, 2017, shall collaborate with the coordinating council to adopt guidelines and regulations to incorporate core components of Housing First. (b) By July 1, 2019, agencies and departments administering state programs in existence prior to July 1, 2017, shall collaborate with the coordinating council to revise or adopt guidelines and regulations that incorporate the core components of Housing First, if the existing guidelines and regulations do not already incorporate the core components of Housing First. 8257. (a) Within 180 days of the effective date of the measure adding this chapter, the Governor shall create a Homeless Coordinating and Financing Council. (b) The council shall have the following goals: (1) To oversee implementation of this chapter. (2) To identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California. (3) To create partnerships among state agencies and departments, local government agencies, participants in the United States Department of Housing and Urban Development’s Continuum of Care Program, federal agencies, the United States Interagency Council on Homelessness, nonprofit entities working to end homelessness, homeless services providers, and the private sector, for the purpose of arriving at specific strategies to end homelessness. (4) To promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness, including unaccompanied youth under 25 years of age. (5) To coordinate existing funding and applications for competitive funding. Any action taken pursuant to this paragraph shall not restructure or change any existing allocations or allocation formulas. (6) To make policy and procedural recommendations to legislators and other governmental entities. (7) To identify and seek funding opportunities for state entities that have programs to end homelessness, including, but not limited to, federal and philanthropic funding opportunities, and to facilitate and coordinate those state entities’ efforts to obtain that funding. (8) To broker agreements between state agencies and departments and between state agencies and departments and local jurisdictions to align and coordinate resources, reduce administrative burdens of accessing existing resources, and foster common applications for services, operating, and capital funding. (9) To serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California. (10) To report to the Governor, federal Cabinet members, and the Legislature on homelessness and work to reduce homelessness. (11) To ensure accountability and results in meeting the strategies and goals of the council. (12) To identify and implement strategies to fight homelessness in small communities and rural areas. (13) To create a statewide data system or warehouse that collects local data through Homeless Management Information Systems, with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs, such as Medi-Cal (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) and CalWORKS (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code). (c) (1) The Governor shall appoint up to 15 members of the council as follows: (A) A representative from the Department of Housing and Community Development. (B) A representative of the State Department of Social Services. (C) A representative of the California Housing Finance Agency. (D) A representative of the State Department of Health Care Services. (E) A representative of the Department of Veterans Affairs. (F) A representative of the Department of Corrections and Rehabilitation. (G) A representative from the California Tax Credit Allocation Committee in the Treasurer’s office. (H) A representative of the Victim Services Program within the Division of Grants Management within the Office of Emergency Services. (I) A formerly homeless person who lives in California. (J) Two representatives of local agencies or organizations that participate in the United States Department of Housing and Urban Development’s Continuum of Care Program. (K) State advocates or other members of the public or state agencies, according to the Governor’s discretion. (2) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one representative of the council from two different stakeholder organizations. (3) The council may, at its discretion, invite stakeholders, individuals who have experienced homelessness, members of philanthropic communities, and experts to participate in meetings or provide information to the council. (d) The council shall hold public meetings at least once every quarter. (e) The members of the council shall serve at the pleasure of the Governor. (f) Within existing funding, the council may establish working groups, task forces, or other structures from within its membership or with outside members to assist it in its work. Working groups, task forces, or other structures established by the council shall determine their own meeting schedules. (g) The members of the council shall serve without compensation, except that members of the council who are, or have been, homeless may receive reimbursement for travel, per diem, or other expenses. (h) The Department of Housing and Community Development shall provide staff for the council. (i) The members of the council may enter into memoranda of understanding with other members of the council to achieve the goals set forth in this chapter, as necessary, in order to facilitate communication and cooperation between the entities the members of the council represent. ### Summary: This bill establishes a coordinating council to oversee implementation of a “Housing First” model for all state programs funding housing for people experiencing homelessness or at risk of homelessness.

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) In the last decade, there has been a 70-percent drop in the number of people preparing to become California teachers. Last year, 22,000 new credentialed teachers were needed, but only 15,000 were acquired. (b) California has the highest pupil-teacher ratio in the nation, and the gap widened during the budget cuts. By 2013, the state's pupil-teacher ratio reached 24 to 1, compared to the national average of 16 to 1. (c) According to the California Teachers Association, nearly one in three teachers leave the profession within seven years, 13 percent of teachers leave the profession by the end of their second year, and, every year, 10 percent of teachers in high-poverty schools transfer to other schools. (d) California’s registered voters consider the shortage of K–12 teachers a very serious problem, according to a poll commissioned by EdSource and the Learning Policy Institute. The survey of 1,002 registered voters statewide found there is strong support (85 percent) for having the state offer additional scholarships or partially forgive a teacher’s college loans as a way to increase the number of those entering the teaching profession. (e) A 1997 study by S. Paul Wright, Sandra P. Horn, and William L. Sanders studied teachers and their classroom effects on pupil achievement. Through their results, they found that the most important factor affecting pupil achievement is the teacher, and that improving the effectiveness of teachers can improve education for children (Wright, Horn, and Sanders, 1997). A 2011 study conducted by Raj Chetty, John N. Friedman, and Jonah E. Rockoff suggested that pupils with effective teachers are more likely to attend college, attend higher-ranked colleges, earn higher salaries, live in higher socioeconomic status neighborhoods, and save more for retirement. (f) A study published by the Learning Policy Institute, Addressing California’s Emerging Teacher Shortage: An Analysis of Sources and Solutions, reported that in mathematics and science, the number of credentials awarded to new, fully prepared teachers plunged by 32 percent and 14 percent, respectively, over the last four years (Linda Darling-Hammond, Roberta Furger, Patrick M. Shields, and Leib Sutcher, 2016). Consequently, the amount of underprepared mathematics and science teachers, such as those with temporary permits and waivers and intern credentials, increased by 23 percent and 51 percent, respectively (Darling-Hammond, Furger, Shields, and Sutcher, 2016). In special education, the number of credentials issued decreased by 21 percent between school years 2011–12 and school year 2013–14, while substandard permits and credentials decreased by 10 percent. Nearly one-half of the special education teachers licensed in California in school year 2013–14 lacked full preparation for teaching (Darling-Hammond, Furger, Shields, and Sutcher, 2016). SEC. 2. Section 33333.5 is added to the Education Code, to read: 33333.5. (a) The department shall administer a program providing grants to full-time, credentialed teachers in accordance with all of the following: (1) Commencing with the 2017–18 school year, and each school year thereafter, a full-time, credentialed teacher who has completed his or her first school year of teaching as of the end of that school year shall receive a grant of one thousand dollars ($1,000) during the next school year. (2) Commencing with the 2018–19 school year, and each school year thereafter, a full-time, credentialed teacher who has completed two school years of full-time teaching as of the end of that school year shall receive a grant of one thousand dollars ($1,000) during the next school year. (3) Commencing with the 2019–20 school year, and each school year thereafter, a full-time, credentialed teacher who has completed three school years of full-time teaching as of the end of that school year shall receive a grant of two thousand five hundred dollars ($2,500) during the next school year. (4) Commencing with the 2020–21 school year, and each school year thereafter, a full-time, credentialed teacher who has completed four school years of full-time teaching as of the end of that school year shall receive a grant of two thousand five hundred dollars ($2,500) during the next school year. (5) Commencing with the 2021–22 school year, and each school year thereafter, a full-time, credentialed teacher who has completed five school years of full-time teaching as of the end of that school year shall receive a grant of five thousand dollars ($5,000) during the next school year. (6) Commencing with the 2022–23 school year, and each school year thereafter, a full-time, credentialed teacher who has completed six or more school years of full-time teaching as of the end of that school year shall receive a grant of five thousand dollars ($5,000) during the next school year. (7) A qualifying teacher may receive grants under this section in multiple school years, but no teacher shall receive more than one grant in a school year under this section. (b) As used in this section, the following terms shall have the following meanings: (1) “Credentialed teacher” means a full-time teacher credentialed pursuant to Sections 80021 to 80025, inclusive, of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations, if he or she serves as the teacher of record in a California public elementary or secondary school for a classroom for at least one schoolday during the taxable year in which the credit is claimed. “Credentialed teacher” shall not include a teacher who solely possesses a 30-day substitute teaching permit, as defined in Section 80025 of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations. “Credentialed teacher” shall not include a teacher whose sole public school employment as a teacher of record during the school year occurred at a charter school established under the Charter Schools Act of 1992 (Part 26.8 (commencing with Section 47600) of Division 4). (2) “Full time” means a minimum of 35 hours per week worked. SEC. 3. The State Department of Education shall submit a report to the Legislature on or before July 1, 2022, on the effectiveness of the grant program established pursuant to Section 33333.5 of the Education Code as added by Section 2 of this act. This report shall be submitted in compliance with Section 9795 of the Government Code. SECTION 1. Section 17053 is added to the Revenue and Taxation Code , to read: 17053. (a)For each taxable year beginning on or after January 1, 2017, there shall be allowed to a qualified taxpayer a credit against the “net tax,” as defined in Section 17039, in an amount equal to five thousand dollars ($5,000). (b)For the purposes of this section: (1)“Full time” means a minimum of 35 hours per week worked. (2)“Qualified taxpayer” means a full-time teacher credentialed pursuant to Sections 80021 to 80025, inclusive, of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations, if he or she serves as the teacher of record for a classroom for at least one schoolday during the taxable year in which the credit is claimed. “Qualified taxpayer” shall not include a teacher who solely possesses a 30-day substitute teaching permit, as defined in Section 80025 of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations. (c)(1)Subject to paragraph (2), in the case where the credit allowed by this section exceeds the “net tax” the excess may be carried over to reduce the “net tax,” in the following year, and succeeding years if necessary, until the credit is exhausted. (2)It is the intent of the Legislature to enact legislation to provide that in the case where the credit allowed by this section exceeds the “net tax,” the excess, in lieu of the carryforward pursuant to paragraph (1), may be refunded to taxpayers, upon appropriation by the Legislature. (d)Section 41 does not apply to the tax credit allowed by this section. SEC. 2. The Legislature finds and declares that it is the intent of the Legislature that, pursuant to legislation to be enacted by the Legislature, the state would treat an appropriation that would be made as described in paragraph (2) of subdivision (c) of Section 17053 of the Revenue and Taxation Code as a tax expenditure program that would have no impact on school funding, state reserves, or debt-related payments. To this end, any appropriation for the refundable portion of the tax credit that would be allowed pursuant to legislation by the Legislature would not reduce state obligations set forth in Sections 8, 20, and 21 of Article XVI of the California Constitution. SEC. 3. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.

Existing law establishes the State Department of Education, under the administration of the Superintendent of Public Instruction, and assigns to the department numerous duties relating to the financing, governance, and guidance of the public elementary and secondary schools in this state. This bill would establish a grant program under the administration of the department for full-time, credentialed teachers, as defined. The bill would provide that, commencing with the 2017–18 school year, and each school year thereafter, a full-time, credentialed teacher who has completed his or her first school year of full-time teaching as of the end of that school year would receive a grant of $1,000 during the next school year. The bill would provide that, commencing with the 2018–19 school year, and each school year thereafter, a full-time, credentialed teacher who has completed 2 school years of full-time teaching as of the end of that school year would receive a grant of $1,000 during the next school year. The bill would further provide that, commencing with the 2019–20 school year, and each school year thereafter, a full-time, credentialed teacher who has completed 3 school years of full-time teaching as of the end of that school year would receive a grant of $2,500 during the next school year. The bill would also provide that, commencing with the 2020–21 school year, and each school year thereafter, a full-time, credentialed teacher who has completed 4 school years of full-time teaching as of the end of that school year would receive a grant of $2,500 during the next school year. The bill would also provide that, commencing with the 2021–22 school year, and each school year thereafter, a full-time, credentialed teacher who has completed 5 school years of full-time teaching as of the end of that school year would receive a grant of $5,000 during the next school year. The bill would further provide that, commencing with the 2022–23 school year, and each school year thereafter, a full-time credentialed teacher who has completed 6 or more school years of full-time teaching would receive a grant of $5,000 during the next school year. The bill would specify that a qualifying teacher may receive grants under these provisions in multiple school years, but would prohibit a teacher from receiving more than one grant in a school year under these provisions. The bill would require the department to submit a report to the Legislature on or before July 1, 2022, on the effectiveness of the grant program. The Personal Income Tax Law allows various credits against the taxes imposed by that law. This bill would, for taxable years beginning on or after January 1, 2017, allow a credit under the Personal Income Tax Law in an amount equal to $5,000 to a qualified taxpayer, as defined to include specified full-time teachers. This bill would state the intent of the Legislature to enact legislation to provide that the credit amount in excess of tax liability would be refundable in those years in which an appropriation for that purpose is made by the Legislature and includes findings relating to that appropriation. This bill would take effect immediately as a tax levy.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) In the last decade, there has been a 70-percent drop in the number of people preparing to become California teachers. Last year, 22,000 new credentialed teachers were needed, but only 15,000 were acquired. (b) California has the highest pupil-teacher ratio in the nation, and the gap widened during the budget cuts. By 2013, the state's pupil-teacher ratio reached 24 to 1, compared to the national average of 16 to 1. (c) According to the California Teachers Association, nearly one in three teachers leave the profession within seven years, 13 percent of teachers leave the profession by the end of their second year, and, every year, 10 percent of teachers in high-poverty schools transfer to other schools. (d) California’s registered voters consider the shortage of K–12 teachers a very serious problem, according to a poll commissioned by EdSource and the Learning Policy Institute. The survey of 1,002 registered voters statewide found there is strong support (85 percent) for having the state offer additional scholarships or partially forgive a teacher’s college loans as a way to increase the number of those entering the teaching profession. (e) A 1997 study by S. Paul Wright, Sandra P. Horn, and William L. Sanders studied teachers and their classroom effects on pupil achievement. Through their results, they found that the most important factor affecting pupil achievement is the teacher, and that improving the effectiveness of teachers can improve education for children (Wright, Horn, and Sanders, 1997). A 2011 study conducted by Raj Chetty, John N. Friedman, and Jonah E. Rockoff suggested that pupils with effective teachers are more likely to attend college, attend higher-ranked colleges, earn higher salaries, live in higher socioeconomic status neighborhoods, and save more for retirement. (f) A study published by the Learning Policy Institute, Addressing California’s Emerging Teacher Shortage: An Analysis of Sources and Solutions, reported that in mathematics and science, the number of credentials awarded to new, fully prepared teachers plunged by 32 percent and 14 percent, respectively, over the last four years (Linda Darling-Hammond, Roberta Furger, Patrick M. Shields, and Leib Sutcher, 2016). Consequently, the amount of underprepared mathematics and science teachers, such as those with temporary permits and waivers and intern credentials, increased by 23 percent and 51 percent, respectively (Darling-Hammond, Furger, Shields, and Sutcher, 2016). In special education, the number of credentials issued decreased by 21 percent between school years 2011–12 and school year 2013–14, while substandard permits and credentials decreased by 10 percent. Nearly one-half of the special education teachers licensed in California in school year 2013–14 lacked full preparation for teaching (Darling-Hammond, Furger, Shields, and Sutcher, 2016). SEC. 2. Section 33333.5 is added to the Education Code, to read: 33333.5. (a) The department shall administer a program providing grants to full-time, credentialed teachers in accordance with all of the following: (1) Commencing with the 2017–18 school year, and each school year thereafter, a full-time, credentialed teacher who has completed his or her first school year of teaching as of the end of that school year shall receive a grant of one thousand dollars ($1,000) during the next school year. (2) Commencing with the 2018–19 school year, and each school year thereafter, a full-time, credentialed teacher who has completed two school years of full-time teaching as of the end of that school year shall receive a grant of one thousand dollars ($1,000) during the next school year. (3) Commencing with the 2019–20 school year, and each school year thereafter, a full-time, credentialed teacher who has completed three school years of full-time teaching as of the end of that school year shall receive a grant of two thousand five hundred dollars ($2,500) during the next school year. (4) Commencing with the 2020–21 school year, and each school year thereafter, a full-time, credentialed teacher who has completed four school years of full-time teaching as of the end of that school year shall receive a grant of two thousand five hundred dollars ($2,500) during the next school year. (5) Commencing with the 2021–22 school year, and each school year thereafter, a full-time, credentialed teacher who has completed five school years of full-time teaching as of the end of that school year shall receive a grant of five thousand dollars ($5,000) during the next school year. (6) Commencing with the 2022–23 school year, and each school year thereafter, a full-time, credentialed teacher who has completed six or more school years of full-time teaching as of the end of that school year shall receive a grant of five thousand dollars ($5,000) during the next school year. (7) A qualifying teacher may receive grants under this section in multiple school years, but no teacher shall receive more than one grant in a school year under this section. (b) As used in this section, the following terms shall have the following meanings: (1) “Credentialed teacher” means a full-time teacher credentialed pursuant to Sections 80021 to 80025, inclusive, of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations, if he or she serves as the teacher of record in a California public elementary or secondary school for a classroom for at least one schoolday during the taxable year in which the credit is claimed. “Credentialed teacher” shall not include a teacher who solely possesses a 30-day substitute teaching permit, as defined in Section 80025 of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations. “Credentialed teacher” shall not include a teacher whose sole public school employment as a teacher of record during the school year occurred at a charter school established under the Charter Schools Act of 1992 (Part 26.8 (commencing with Section 47600) of Division 4). (2) “Full time” means a minimum of 35 hours per week worked. SEC. 3. The State Department of Education shall submit a report to the Legislature on or before July 1, 2022, on the effectiveness of the grant program established pursuant to Section 33333.5 of the Education Code as added by Section 2 of this act. This report shall be submitted in compliance with Section 9795 of the Government Code. SECTION 1. Section 17053 is added to the Revenue and Taxation Code , to read: 17053. (a)For each taxable year beginning on or after January 1, 2017, there shall be allowed to a qualified taxpayer a credit against the “net tax,” as defined in Section 17039, in an amount equal to five thousand dollars ($5,000). (b)For the purposes of this section: (1)“Full time” means a minimum of 35 hours per week worked. (2)“Qualified taxpayer” means a full-time teacher credentialed pursuant to Sections 80021 to 80025, inclusive, of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations, if he or she serves as the teacher of record for a classroom for at least one schoolday during the taxable year in which the credit is claimed. “Qualified taxpayer” shall not include a teacher who solely possesses a 30-day substitute teaching permit, as defined in Section 80025 of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations. (c)(1)Subject to paragraph (2), in the case where the credit allowed by this section exceeds the “net tax” the excess may be carried over to reduce the “net tax,” in the following year, and succeeding years if necessary, until the credit is exhausted. (2)It is the intent of the Legislature to enact legislation to provide that in the case where the credit allowed by this section exceeds the “net tax,” the excess, in lieu of the carryforward pursuant to paragraph (1), may be refunded to taxpayers, upon appropriation by the Legislature. (d)Section 41 does not apply to the tax credit allowed by this section. SEC. 2. The Legislature finds and declares that it is the intent of the Legislature that, pursuant to legislation to be enacted by the Legislature, the state would treat an appropriation that would be made as described in paragraph (2) of subdivision (c) of Section 17053 of the Revenue and Taxation Code as a tax expenditure program that would have no impact on school funding, state reserves, or debt-related payments. To this end, any appropriation for the refundable portion of the tax credit that would be allowed pursuant to legislation by the Legislature would not reduce state obligations set forth in Sections 8, 20, and 21 of Article XVI of the California Constitution. SEC. 3. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares all of the following: (1) Short-lived climate pollutants, such as black carbon, fluorinated gases, and methane, are powerful climate forcers that have a dramatic and detrimental effect on air quality, public health, and climate change. (2) These pollutants create a warming influence on the climate that is many times more potent than that of carbon dioxide. (3) Short-lived climate pollutants that are toxic air contaminants also are a significant environmental risk factor for premature death. (4) Reducing emissions of these pollutants can have an immediate beneficial impact on climate change and on public health. (5) To the extent possible, efforts to reduce emissions of short-lived climate pollutants should focus on areas of the state that are disproportionately affected by poor air quality. (b) It is the intent of the Legislature to support the adoption of policies that improve organics recycling and innovative, cost effective, and environmentally beneficial uses of biomethane derived from solid waste facilities. (c) It is intent of the Legislature that the disposal reduction targets established pursuant to Section 39730.6 of the Health and Safety Code shall serve as a statewide average target and not as a minimum requirement for each jurisdiction. SEC. 2. Section 39730.5 is added to the Health and Safety Code, to read: 39730.5. (a) No later than January 1, 2018, the state board shall approve and begin implementing the comprehensive short-lived climate pollutant strategy developed pursuant to Section 39730 to achieve a reduction in the statewide emissions of methane by 40 percent, hydrofluorocarbon gases by 40 percent, and anthropogenic black carbon by 50 percent below 2013 levels by 2030. (b) Prior to approving the short-lived climate pollutant strategy pursuant to subdivision (a), the state board shall do all of the following: (1) Coordinate with other state and local agencies and districts to develop measures identified as part of the strategy. (2) Provide a forum for public engagement by holding at least three public hearings in geographically diverse locations throughout the state. (3) Evaluate the best-available scientific, technological, and economic information to ensure that the strategy is cost effective and technologically feasible. (4) Incorporate and prioritize, as appropriate, measures and actions that provide the following cobenefits: (A) Job growth and local economic benefits in the state. (B) Public health benefits. (C) Potential for new innovation in technology, energy, and resource management practices. (c) The state board shall publicly notice the strategy described in subdivision (a) and post a copy of that strategy on the state board’s Internet Web site at least one month prior to the state board approving the strategy pursuant to subdivision (a). SEC. 3. Section 39730.6 is added to the Health and Safety Code, to read: 39730.6. (a) Consistent with Section 39730.5, methane emissions reduction goals shall include the following targets to reduce the landfill disposal of organics: (1) A 50-percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020. (2) A 75-percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025. (b) Except as provided in this section and Section 42652.5 of the Public Resources Code, the state board shall not adopt, prior to January 1, 2025, requirements to control methane emissions associated with the disposal of organic waste in landfills other than through landfill methane emissions control regulations. SEC. 4. Section 39730.7 is added to the Health and Safety Code, to read: 39730.7. (a) For purposes of this section, the following terms have the following meanings: (1) “Department” means the Department of Food and Agriculture. (2) “Commission” means the Public Utilities Commission. (3) “Energy commission” means the State Energy Resources Conservation and Development Commission. (4) “Strategy” means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730. (b) (1) The state board, in consultation with the department, shall adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, consistent with this section and the strategy, by up to 40 percent below the dairy sector’s and livestock sector’s 2013 levels by 2030. (2) Prior to adopting regulations pursuant to paragraph (1), the state board shall do all of the following: (A) Work with stakeholders to identify and address technical, market, regulatory, and other challenges and barriers to the development of dairy methane emissions reduction projects. The group of stakeholders shall include a broad range of stakeholders involved in the development of dairy methane reduction projects, including, but not limited to, project developers, dairy and livestock industry representatives, state and local permitting agencies, energy agency representatives, compost producers with experience composting dairy manure, environmental and conservation stakeholders, public health experts, and others with demonstrated expertise relevant to the success of dairy methane emissions reduction efforts. (B) Provide a forum for public engagement by holding at least three public meetings in geographically diverse locations throughout the state where dairy operations and livestock operations are present. (C) In consultation with the department, do both of the following: (i) Conduct or consider livestock and dairy operation research on dairy methane emissions reduction projects, including, but not limited to, scrape manure management systems, solids separation systems, and enteric fermentation. (ii) Consider developing and adopting methane emissions reduction protocols. (3) The state board shall make available to the public by posting on its Internet Web site a report on the progress made in implementing paragraph (2). Pursuant to Section 9795 of the Government Code, the state board shall notify the Legislature of the report. (4) Notwithstanding 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 regulations adopted pursuant to paragraph (1) shall be implemented on or after January 1, 2024, if the state board, in consultation with the department, determines all of the following: (A) The regulations are technologically feasible. (B) The regulations are economically feasible considering milk and live cattle prices and the commitment of state, federal, and private funding, among other things, and that markets exist for the products generated by dairy manure management and livestock manure management methane emissions reduction projects, including composting, biomethane, and other products. The analysis shall include consideration of both of the following: (i) Electrical interconnection of onsite electrical generation facilities using biomethane. (ii) Access to common carrier pipelines available for the injection of digester biomethane. (C) The regulations are cost effective. (D) The regulations include provisions to minimize and mitigate potential leakage to other states or countries, as appropriate. (E) The regulations include an evaluation of the achievements made by incentive-based programs. (c) No later than July 1, 2020, the state board, in consultation with the department, shall analyze the progress the dairy and livestock sector has made in achieving the goals identified in the strategy and specified in paragraph (1) of subdivision (b). The analysis shall determine if sufficient progress has been made to overcome technical and market barriers, as identified in the strategy. If the analysis determines that progress has not been made in meeting the targets due to insufficient funding or technical or market barriers, the state board, in consultation with the department and upon consultation with stakeholders, may reduce the goal in the strategy for the dairy and livestock sectors, as identified pursuant to paragraph (1). (d) (1) (A) No later than January 1, 2018, the state board, in consultation with the commission and the energy commission, shall establish energy infrastructure development and procurement policies needed to encourage dairy biomethane projects to meet the goal identified pursuant to paragraph (1) of subdivision (b). (B) The state board shall develop a pilot financial mechanism to reduce the economic uncertainty associated with the value of environmental credits, including credits pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) from dairy-related projects producing low-carbon transportation fuels. The state board shall make recommendations to the Legislature for expanding this mechanism to other sources of biogas. (2) No later than January 1, 2018, the commission, in consultation with the state board and the department, shall direct gas corporations to implement not less than five dairy biomethane pilot projects to demonstrate interconnection to the common carrier pipeline system. For the purposes of these pilot projects, gas corporations may recover in rates the reasonable cost of pipeline infrastructure developed pursuant to the pilot projects. (e) No later than January 1, 2018, the state board shall provide guidance on credits generated pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) and the market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5 from the methane reduction protocols described in the strategy and shall ensure that projects developed before the implementation of regulations adopted pursuant to subdivision (b) receive credit for at least 10 years. Projects shall be eligible for an extension of credits after the first 10 years to the extent allowed by regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)). (f) Enteric emissions reductions shall be achieved only through incentive-based mechanisms until the state board, in consultation with the department, determines that a cost-effective, considering the impact on animal productivity, and scientifically proven method of reducing enteric emissions is available and that adoption of the enteric emissions reduction method would not damage animal health, public health, or consumer acceptance. Voluntary enteric emissions reductions may be used toward satisfying the goals of this chapter. (g) Except as provided in this section, the state board shall not adopt methane emissions reduction regulations controlling the emissions of methane from dairy operations or livestock operations to achieve the 2020 and 2030 greenhouse gas emissions reduction goals established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)). (h) Nothing in this section shall limit the authority of the state board to acquire planning and baseline information, including requiring the monitoring and reporting of emissions. (i) This section does not in any way affect the state board’s or districts’ authority to regulate emissions of criteria pollutants, toxic air contaminants, or other pollutants pursuant to other provisions of this division. SEC. 5. Section 39730.8 is added to the Health and Safety Code, to read: 39730.8. (a) For purposes of this section, the following terms have the following meanings: (1) “Commission” means the Public Utilities Commission. (2) “Energy commission” means the State Energy Resources Conservation and Development Commission. (3) “Strategy” means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730. (b) The energy commission, in consultation with the state board and the commission, shall develop recommendations for the development and use of renewable gas, including biomethane and biogas, as a part of its 2017 Integrated Energy Policy Report prepared pursuant to Section 25302 of the Public Resources Code. In developing the recommendations, the energy commission shall identify cost-effective strategies that are consistent with existing state policies and climate change goals by considering priority end uses of renewable gas, including biomethane and biogas, and their interactions with state policies, including biomethane and all of the following: (1) The Renewables Portfolio Standard program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). (2) The Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations). (3) Waste diversion goals established pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code. (4) The market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5. (5) The strategy. (c) Based on the recommendations developed pursuant to subdivision (b), and to meet the state’s climate change, renewable energy, low-carbon fuel, and short-lived climate pollutants goals, including black carbon, landfill diversion, and dairy methane targets identified in the strategy, state agencies shall consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas, including biomethane and biogas. (d) Based on the recommendations developed pursuant to subdivision (b), the commission, in consultation with the energy commission and the state board, shall consider additional policies to support the development and use in the state of renewable gas, including biomethane and biogas, that reduce short-lived climate pollutants in the state. (e) In implementing this section, priority shall be given to fuels with the greatest greenhouse gas emissions benefits, including the consideration of carbon intensity and reduction in short-lived climate pollutants, as appropriate. SEC. 6. Chapter 13.1 (commencing with Section 42652) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 13.1. Short-Lived Climate Pollutants 42652. The Legislature finds and declares all of the following: (a) The organic disposal reduction targets are essential to achieving the statewide recycling goal identified in Section 41780.01. (b) Achieving organic waste disposal reduction targets requires significant investment to develop organics recycling capacity. (c) More robust state and local funding mechanisms are needed to support the expansion of organics recycling capacity. 42652.5. (a) The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following: (1) May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance. (2) Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025. (3) Shall not establish a numeric organic waste disposal limit for individual landfills. (4) May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a jurisdiction. (5) May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850. (6) Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations. (b) A local jurisdiction may charge and collect fees to recover the local jurisdiction’s costs incurred in complying with the regulations adopted pursuant to this section. 42653. (a) No later than July 1, 2020, the department, in consultation with the State Air Resources Board, shall analyze the progress that the waste sector, state government, and local governments have made in achieving the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The analysis shall include all of the following: (1) The status of new organics recycling infrastructure development, including the commitment of state funding and appropriate rate increases for solid waste and recycling services to support infrastructure expansion. (2) The progress in reducing regulatory barriers to the siting of organics recycling facilities and the timing and effectiveness of policies that will facilitate the permitting of organics recycling infrastructure. (3) The status of markets for the products generated by organics recycling facilities, including cost-effective electrical interconnection and common carrier pipeline injection of digester biomethane and the status of markets for compost, biomethane, and other products from the recycling of organic waste. (b) If the department determines that significant progress has not been made on the items analyzed pursuant to subdivision (a), the department may include incentives or additional requirements in the regulations described in Section 42652 to facilitate progress towards achieving the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department may, upon consultation with stakeholders, recommend to the Legislature revisions to those organic waste reduction goals. 42654. This chapter shall not limit the authority of a local jurisdiction to adopt, implement, or enforce requirements in addition to those set forth in the regulations adopted pursuant to this chapter. SEC. 7. 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 California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. The state board is also required to complete a comprehensive strategy to reduce emissions of short-lived climate pollutants, as defined, in the state. This bill would require the state board, no later than January 1, 2018, to approve and begin implementing that comprehensive strategy to reduce emissions of short-lived climate pollutants to achieve a reduction in methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030, as specified. The bill also would establish specified targets for reducing organic waste in landfills. This bill would require the state board, in consultation with the Department of Food and Agriculture, to adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, as specified. The bill would require the state board to take certain actions prior to adopting those regulations. This bill would require the regulations to take effect on or after January 1, 2024, if the state board, in consultation with the department, makes certain determinations. This bill would require the state board, the Public Utilities Commission, and the State Energy Resources Conservation and Development Commission to undertake various actions related to reducing short-lived climate pollutants in the state. The bill would require state agencies to consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas. (2) The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program that requires each county and city and county to prepare and submit to the department a countywide integrated waste management plan. The bill would require the department, in consultation with the state board, to adopt regulations that achieve the specified targets for reducing organic waste in landfills. The bill would authorize local jurisdictions to charge and collect fees to recover the local jurisdiction’s costs incurred in complying with the regulations. The bill would require, no later than July 1, 2020, the department, in consultation with the state board, to analyze the progress that the waste sector, state government, and local governments have made in achieving the specified targets for reducing organic waste in landfills. The bill would authorize the department, depending on the outcome of that analysis, to amend the regulations to include incentives or additional requirements, as specified. By adding to the duties of local governments related to organic waste in landfills, this bill would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares all of the following: (1) Short-lived climate pollutants, such as black carbon, fluorinated gases, and methane, are powerful climate forcers that have a dramatic and detrimental effect on air quality, public health, and climate change. (2) These pollutants create a warming influence on the climate that is many times more potent than that of carbon dioxide. (3) Short-lived climate pollutants that are toxic air contaminants also are a significant environmental risk factor for premature death. (4) Reducing emissions of these pollutants can have an immediate beneficial impact on climate change and on public health. (5) To the extent possible, efforts to reduce emissions of short-lived climate pollutants should focus on areas of the state that are disproportionately affected by poor air quality. (b) It is the intent of the Legislature to support the adoption of policies that improve organics recycling and innovative, cost effective, and environmentally beneficial uses of biomethane derived from solid waste facilities. (c) It is intent of the Legislature that the disposal reduction targets established pursuant to Section 39730.6 of the Health and Safety Code shall serve as a statewide average target and not as a minimum requirement for each jurisdiction. SEC. 2. Section 39730.5 is added to the Health and Safety Code, to read: 39730.5. (a) No later than January 1, 2018, the state board shall approve and begin implementing the comprehensive short-lived climate pollutant strategy developed pursuant to Section 39730 to achieve a reduction in the statewide emissions of methane by 40 percent, hydrofluorocarbon gases by 40 percent, and anthropogenic black carbon by 50 percent below 2013 levels by 2030. (b) Prior to approving the short-lived climate pollutant strategy pursuant to subdivision (a), the state board shall do all of the following: (1) Coordinate with other state and local agencies and districts to develop measures identified as part of the strategy. (2) Provide a forum for public engagement by holding at least three public hearings in geographically diverse locations throughout the state. (3) Evaluate the best-available scientific, technological, and economic information to ensure that the strategy is cost effective and technologically feasible. (4) Incorporate and prioritize, as appropriate, measures and actions that provide the following cobenefits: (A) Job growth and local economic benefits in the state. (B) Public health benefits. (C) Potential for new innovation in technology, energy, and resource management practices. (c) The state board shall publicly notice the strategy described in subdivision (a) and post a copy of that strategy on the state board’s Internet Web site at least one month prior to the state board approving the strategy pursuant to subdivision (a). SEC. 3. Section 39730.6 is added to the Health and Safety Code, to read: 39730.6. (a) Consistent with Section 39730.5, methane emissions reduction goals shall include the following targets to reduce the landfill disposal of organics: (1) A 50-percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020. (2) A 75-percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025. (b) Except as provided in this section and Section 42652.5 of the Public Resources Code, the state board shall not adopt, prior to January 1, 2025, requirements to control methane emissions associated with the disposal of organic waste in landfills other than through landfill methane emissions control regulations. SEC. 4. Section 39730.7 is added to the Health and Safety Code, to read: 39730.7. (a) For purposes of this section, the following terms have the following meanings: (1) “Department” means the Department of Food and Agriculture. (2) “Commission” means the Public Utilities Commission. (3) “Energy commission” means the State Energy Resources Conservation and Development Commission. (4) “Strategy” means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730. (b) (1) The state board, in consultation with the department, shall adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations, consistent with this section and the strategy, by up to 40 percent below the dairy sector’s and livestock sector’s 2013 levels by 2030. (2) Prior to adopting regulations pursuant to paragraph (1), the state board shall do all of the following: (A) Work with stakeholders to identify and address technical, market, regulatory, and other challenges and barriers to the development of dairy methane emissions reduction projects. The group of stakeholders shall include a broad range of stakeholders involved in the development of dairy methane reduction projects, including, but not limited to, project developers, dairy and livestock industry representatives, state and local permitting agencies, energy agency representatives, compost producers with experience composting dairy manure, environmental and conservation stakeholders, public health experts, and others with demonstrated expertise relevant to the success of dairy methane emissions reduction efforts. (B) Provide a forum for public engagement by holding at least three public meetings in geographically diverse locations throughout the state where dairy operations and livestock operations are present. (C) In consultation with the department, do both of the following: (i) Conduct or consider livestock and dairy operation research on dairy methane emissions reduction projects, including, but not limited to, scrape manure management systems, solids separation systems, and enteric fermentation. (ii) Consider developing and adopting methane emissions reduction protocols. (3) The state board shall make available to the public by posting on its Internet Web site a report on the progress made in implementing paragraph (2). Pursuant to Section 9795 of the Government Code, the state board shall notify the Legislature of the report. (4) Notwithstanding 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 regulations adopted pursuant to paragraph (1) shall be implemented on or after January 1, 2024, if the state board, in consultation with the department, determines all of the following: (A) The regulations are technologically feasible. (B) The regulations are economically feasible considering milk and live cattle prices and the commitment of state, federal, and private funding, among other things, and that markets exist for the products generated by dairy manure management and livestock manure management methane emissions reduction projects, including composting, biomethane, and other products. The analysis shall include consideration of both of the following: (i) Electrical interconnection of onsite electrical generation facilities using biomethane. (ii) Access to common carrier pipelines available for the injection of digester biomethane. (C) The regulations are cost effective. (D) The regulations include provisions to minimize and mitigate potential leakage to other states or countries, as appropriate. (E) The regulations include an evaluation of the achievements made by incentive-based programs. (c) No later than July 1, 2020, the state board, in consultation with the department, shall analyze the progress the dairy and livestock sector has made in achieving the goals identified in the strategy and specified in paragraph (1) of subdivision (b). The analysis shall determine if sufficient progress has been made to overcome technical and market barriers, as identified in the strategy. If the analysis determines that progress has not been made in meeting the targets due to insufficient funding or technical or market barriers, the state board, in consultation with the department and upon consultation with stakeholders, may reduce the goal in the strategy for the dairy and livestock sectors, as identified pursuant to paragraph (1). (d) (1) (A) No later than January 1, 2018, the state board, in consultation with the commission and the energy commission, shall establish energy infrastructure development and procurement policies needed to encourage dairy biomethane projects to meet the goal identified pursuant to paragraph (1) of subdivision (b). (B) The state board shall develop a pilot financial mechanism to reduce the economic uncertainty associated with the value of environmental credits, including credits pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) from dairy-related projects producing low-carbon transportation fuels. The state board shall make recommendations to the Legislature for expanding this mechanism to other sources of biogas. (2) No later than January 1, 2018, the commission, in consultation with the state board and the department, shall direct gas corporations to implement not less than five dairy biomethane pilot projects to demonstrate interconnection to the common carrier pipeline system. For the purposes of these pilot projects, gas corporations may recover in rates the reasonable cost of pipeline infrastructure developed pursuant to the pilot projects. (e) No later than January 1, 2018, the state board shall provide guidance on credits generated pursuant to the Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations) and the market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5 from the methane reduction protocols described in the strategy and shall ensure that projects developed before the implementation of regulations adopted pursuant to subdivision (b) receive credit for at least 10 years. Projects shall be eligible for an extension of credits after the first 10 years to the extent allowed by regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)). (f) Enteric emissions reductions shall be achieved only through incentive-based mechanisms until the state board, in consultation with the department, determines that a cost-effective, considering the impact on animal productivity, and scientifically proven method of reducing enteric emissions is available and that adoption of the enteric emissions reduction method would not damage animal health, public health, or consumer acceptance. Voluntary enteric emissions reductions may be used toward satisfying the goals of this chapter. (g) Except as provided in this section, the state board shall not adopt methane emissions reduction regulations controlling the emissions of methane from dairy operations or livestock operations to achieve the 2020 and 2030 greenhouse gas emissions reduction goals established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)). (h) Nothing in this section shall limit the authority of the state board to acquire planning and baseline information, including requiring the monitoring and reporting of emissions. (i) This section does not in any way affect the state board’s or districts’ authority to regulate emissions of criteria pollutants, toxic air contaminants, or other pollutants pursuant to other provisions of this division. SEC. 5. Section 39730.8 is added to the Health and Safety Code, to read: 39730.8. (a) For purposes of this section, the following terms have the following meanings: (1) “Commission” means the Public Utilities Commission. (2) “Energy commission” means the State Energy Resources Conservation and Development Commission. (3) “Strategy” means the strategy to reduce short-lived climate pollutants developed pursuant to Section 39730. (b) The energy commission, in consultation with the state board and the commission, shall develop recommendations for the development and use of renewable gas, including biomethane and biogas, as a part of its 2017 Integrated Energy Policy Report prepared pursuant to Section 25302 of the Public Resources Code. In developing the recommendations, the energy commission shall identify cost-effective strategies that are consistent with existing state policies and climate change goals by considering priority end uses of renewable gas, including biomethane and biogas, and their interactions with state policies, including biomethane and all of the following: (1) The Renewables Portfolio Standard program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code). (2) The Low-Carbon Fuel Standard regulations (Subarticle 7 (commencing with Section 95480) of Title 17 of the California Code of Regulations). (3) Waste diversion goals established pursuant to Division 30 (commencing with Section 40000) of the Public Resources Code. (4) The market-based compliance mechanism developed pursuant to Part 5 (commencing with Section 38570) of Division 25.5. (5) The strategy. (c) Based on the recommendations developed pursuant to subdivision (b), and to meet the state’s climate change, renewable energy, low-carbon fuel, and short-lived climate pollutants goals, including black carbon, landfill diversion, and dairy methane targets identified in the strategy, state agencies shall consider and, as appropriate, adopt policies and incentives to significantly increase the sustainable production and use of renewable gas, including biomethane and biogas. (d) Based on the recommendations developed pursuant to subdivision (b), the commission, in consultation with the energy commission and the state board, shall consider additional policies to support the development and use in the state of renewable gas, including biomethane and biogas, that reduce short-lived climate pollutants in the state. (e) In implementing this section, priority shall be given to fuels with the greatest greenhouse gas emissions benefits, including the consideration of carbon intensity and reduction in short-lived climate pollutants, as appropriate. SEC. 6. Chapter 13.1 (commencing with Section 42652) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 13.1. Short-Lived Climate Pollutants 42652. The Legislature finds and declares all of the following: (a) The organic disposal reduction targets are essential to achieving the statewide recycling goal identified in Section 41780.01. (b) Achieving organic waste disposal reduction targets requires significant investment to develop organics recycling capacity. (c) More robust state and local funding mechanisms are needed to support the expansion of organics recycling capacity. 42652.5. (a) The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following: (1) May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance. (2) Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025. (3) Shall not establish a numeric organic waste disposal limit for individual landfills. (4) May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a jurisdiction. (5) May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850. (6) Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations. (b) A local jurisdiction may charge and collect fees to recover the local jurisdiction’s costs incurred in complying with the regulations adopted pursuant to this section. 42653. (a) No later than July 1, 2020, the department, in consultation with the State Air Resources Board, shall analyze the progress that the waste sector, state government, and local governments have made in achieving the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The analysis shall include all of the following: (1) The status of new organics recycling infrastructure development, including the commitment of state funding and appropriate rate increases for solid waste and recycling services to support infrastructure expansion. (2) The progress in reducing regulatory barriers to the siting of organics recycling facilities and the timing and effectiveness of policies that will facilitate the permitting of organics recycling infrastructure. (3) The status of markets for the products generated by organics recycling facilities, including cost-effective electrical interconnection and common carrier pipeline injection of digester biomethane and the status of markets for compost, biomethane, and other products from the recycling of organic waste. (b) If the department determines that significant progress has not been made on the items analyzed pursuant to subdivision (a), the department may include incentives or additional requirements in the regulations described in Section 42652 to facilitate progress towards achieving the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department may, upon consultation with stakeholders, recommend to the Legislature revisions to those organic waste reduction goals. 42654. This chapter shall not limit the authority of a local jurisdiction to adopt, implement, or enforce requirements in addition to those set forth in the regulations adopted pursuant to this chapter. SEC. 7. 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. ### Summary: This bill establishes statewide goals for the reduction of methane emissions from landfills<bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares the following: (1) According to a national study, false confessions extracted during police questioning of suspects have been identified as a leading cause of a wrongful conviction. Although threats and coercion sometimes lead innocent people to confess, even the most standardized interrogations can result in a false confession or admission. Mentally ill or mentally disabled persons are particularly vulnerable, and some confess to crimes because they want to please authority figures or to protect another person. Additionally, innocent people may come to believe that they will receive a harsher sentence, or even the death penalty, unless they confess to the alleged crime. (2) Three injustices result from false confessions. First, a false confession can result in an innocent person being incarcerated. Second, when an innocent person is incarcerated, the criminal investigations end and the real perpetrator remains free to commit similar or potentially worse crimes. Third, victims’ families are subjected to double the trauma: the loss of, or injury occurring to, a loved one and the guilt over the conviction of an innocent person. Mandating electronic recording of custodial interrogations of both adults and juveniles will improve criminal investigation techniques, reduce the likelihood of wrongful convictions, and further the cause of justice in California. (3) Evidence of a defendant’s alleged statement or confession is one of the most significant pieces of evidence in any criminal trial. Although confessions and admissions are the most accurate evidence used to solve countless crimes, they can also lead to wrongful convictions. When there is a complete recording of the entire interrogation that produced such a statement or confession, the factfinder can evaluate its precise contents and any alleged coercive influences that may have produced it. (b) For these reasons, it is the intent of the Legislature to require electronic recording of custodial interrogations of both adults and juveniles. Recording interrogations decreases wrongful convictions based on false confessions and enhances public confidence in the criminal justice process. Properly recorded interrogations provide the best evidence of the communications that occurred during an interrogation, prevent disputes about how an officer conducted himself or herself or treated a suspect during the course of an interrogation, prevent a defendant from lying about the account of events he or she originally provided to law enforcement, and spare judges and jurors the time necessary and the need to assess which account of an interrogation to believe. SEC. 2. Section 859.5 of the Penal Code is amended to read: 859.5. (a) Except as otherwise provided in this section, a custodial interrogation of any person, including an adult or a minor, who is in a fixed place of detention, and suspected of committing murder, as listed in Section 187 or 189 of this code, or paragraph (1) of subdivision (b) of Section 707 of the Welfare and Institutions Code, shall be electronically recorded in its entirety. A statement that is electronically recorded as required pursuant to this section creates a rebuttable presumption that the electronically recorded statement was, in fact, given and was accurately recorded by the prosecution’s witnesses, provided that the electronic recording was made of the custodial interrogation in its entirety and the statement is otherwise admissible. (b) The requirement for the electronic recordation of a custodial interrogation pursuant to this section shall not apply under any of the following circumstances: (1) Electronic recording is not feasible because of exigent circumstances. An explanation of the exigent circumstances shall be documented in the police report. (2) The person to be interrogated states that he or she will speak to a law enforcement officer only if the interrogation is not electronically recorded. If feasible, that statement shall be electronically recorded. The requirement also does not apply if the person being interrogated indicates during interrogation that he or she will not participate in further interrogation unless electronic recording ceases. If the person being interrogated refuses to record any statement, the officer shall document that refusal in writing. (3) The custodial interrogation occurred in another jurisdiction and was conducted by law enforcement officers of that jurisdiction in compliance with the law of that jurisdiction, unless the interrogation was conducted with intent to avoid the requirements of this section. (4) The interrogation occurs when no law enforcement officer conducting the interrogation has knowledge of facts and circumstances that would lead an officer to reasonably believe that the individual being interrogated may have committed murder for which this section requires that a custodial interrogation be recorded. If during a custodial interrogation, the individual reveals facts and circumstances giving a law enforcement officer conducting the interrogation reason to believe that murder has been committed, continued custodial interrogation concerning that offense shall be electronically recorded pursuant to this section. (5) A law enforcement officer conducting the interrogation or the officer’s superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated, or another individual. An explanation of the circumstances shall be documented in the police report. (6) The failure to create an electronic recording of the entire custodial interrogation was the result of a malfunction of the recording device, despite reasonable maintenance of the equipment, and timely repair or replacement was not feasible. (7) The questions presented to a person by law enforcement personnel and the person’s responsive statements were part of a routine processing or booking of that person. Electronic recording is not required for spontaneous statements made in response to questions asked during the routine processing of the arrest of the person. (8) The interrogation of a person who is in custody on a charge of a violation of Section 187 or 189 of this code or paragraph (1) of subdivision (b) of Section 707 of the Welfare and Institutions Code if the interrogation is not related to any of these offenses. If, during the interrogation, any information concerning one of these offenses is raised or mentioned, continued custodial interrogation concerning that offense shall be electronically recorded pursuant to this section. (c) If the prosecution relies on an exception in subdivision (b) to justify a failure to make an electronic recording of a custodial interrogation, the prosecution shall show by clear and convincing evidence that the exception applies. (d) A person’s statements that were not electronically recorded pursuant to this section may be admitted into evidence in a criminal proceeding or in a juvenile court proceeding, as applicable, if the court finds that all of the following apply: (1) The statements are admissible under applicable rules of evidence. (2) The prosecution has proven by clear and convincing evidence that the statements were made voluntarily. (3) Law enforcement personnel made a contemporaneous audio or audio and visual recording of the reason for not making an electronic recording of the statements. This provision does not apply if it was not feasible for law enforcement personnel to make that recording. (4) The prosecution has proven by clear and convincing evidence that one or more of the circumstances described in subdivision (b) existed at the time of the custodial interrogation. (e) Unless the court finds that an exception in subdivision (b) applies, all of the following remedies shall be granted as relief for noncompliance: (1) Failure to comply with any of the requirements of this section shall be considered by the court in adjudicating motions to suppress a statement of a defendant made during or after a custodial interrogation. (2) Failure to comply with any of the requirements of this section shall be admissible in support of claims that a defendant’s statement was involuntary or is unreliable, provided the evidence is otherwise admissible. (3) If the court finds that a defendant was subject to a custodial interrogation in violation of subdivision (a), the court shall provide the jury with an instruction, to be developed by the Judicial Council, that advises the jury to view with caution the statements made in that custodial interrogation. (f) The interrogating entity shall maintain the original or an exact copy of an electronic recording made of a custodial interrogation until a conviction for any offense relating to the interrogation is final and all direct and habeas corpus appeals are exhausted or the prosecution for that offense is barred by law or, in a juvenile court proceeding, as otherwise provided in subdivision (b) of Section 626.8 of the Welfare and Institutions Code. The interrogating entity may make one or more true, accurate, and complete copies of the electronic recording in a different format. (g) For the purposes of this section, the following terms have the following meanings: (1) “Custodial interrogation” means any interrogation in a fixed place of detention involving a law enforcement officer’s questioning that is reasonably likely to elicit incriminating responses, and in which a reasonable person in the subject’s position would consider himself or herself to be in custody, beginning when a person should have been advised of his or her constitutional rights, including the right to remain silent, the right to have counsel present during any interrogation, and the right to have counsel appointed if the person is unable to afford counsel, and ending when the questioning has completely finished. (2) (A) For the purposes of the custodial interrogation of a minor, pursuant to subdivision (a) or (b), “electronically recorded,” “electronic recordation,” and “electronic recording” refer to a video recording that accurately records a custodial interrogation. (B) For the purposes of the custodial interrogation of an adult, pursuant to subdivision (a) or (b), “electronically recorded,” “electronic recordation,” and “electronic recording” refer to a video or audio recording that accurately records a custodial interrogation. The Legislature encourages law enforcement agencies to use video recording when available. (3) “Fixed place of detention” means a fixed location under the control of a law enforcement agency where an individual is held in detention in connection with a criminal offense that has been, or may be, filed against that person, including a jail, police or sheriff’s station, holding cell, correctional or detention facility, juvenile hall, or a facility of the Division of Juvenile Facilities. (4) “Law enforcement officer” means a person employed by a law enforcement agency whose duties include enforcing criminal laws or investigating criminal activity, or any other person who is acting at the request or direction of that person. 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 the electronic recording of the entire custodial interrogation of a minor who is in a fixed place of detention, as defined, and who, at the time of the interrogation, is suspected of committing or accused of committing murder. Existing law sets forth various exceptions from this requirement, including if the law enforcement officer conducting the interrogation or his or her superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated, or another individual. Existing law requires the prosecution to show by clear and convincing evidence that an exception applies to justify the failure to make that electronic recording. Existing law requires the interrogating entity to maintain the original or an exact copy of an electronic recording made of the interrogation until the final conclusion of the proceedings, as specified. Existing law additionally requires the court to provide jury instructions developed by the Judicial Council if the court finds that a defendant was subjected to a custodial interrogation in violation of the above-mentioned provisions. This bill would make this electronic recording requirement applicable to the custodial interrogation of any person suspected of committing murder. By imposing new requirements on local law enforcement, this bill would impose a state-mandated local program. The bill would exempt from the electronic recording requirement the interrogation of a person who is in custody on a charge of murder if the interrogation is not related to the commission of murder, as specified. Existing law defines “electronic recording” for these provisions as a video recording that accurately records a custodial interrogation. This bill would specify that the above definition applies only to the custodial interrogation of a minor. The bill would expand the definition to include a video or audio recording in the case of the custodial interrogation of an adult and would express the Legislature’s encouragement that law enforcement agencies use video recording when available. This bill would make technical, nonsubstantive changes to the above provisions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares the following: (1) According to a national study, false confessions extracted during police questioning of suspects have been identified as a leading cause of a wrongful conviction. Although threats and coercion sometimes lead innocent people to confess, even the most standardized interrogations can result in a false confession or admission. Mentally ill or mentally disabled persons are particularly vulnerable, and some confess to crimes because they want to please authority figures or to protect another person. Additionally, innocent people may come to believe that they will receive a harsher sentence, or even the death penalty, unless they confess to the alleged crime. (2) Three injustices result from false confessions. First, a false confession can result in an innocent person being incarcerated. Second, when an innocent person is incarcerated, the criminal investigations end and the real perpetrator remains free to commit similar or potentially worse crimes. Third, victims’ families are subjected to double the trauma: the loss of, or injury occurring to, a loved one and the guilt over the conviction of an innocent person. Mandating electronic recording of custodial interrogations of both adults and juveniles will improve criminal investigation techniques, reduce the likelihood of wrongful convictions, and further the cause of justice in California. (3) Evidence of a defendant’s alleged statement or confession is one of the most significant pieces of evidence in any criminal trial. Although confessions and admissions are the most accurate evidence used to solve countless crimes, they can also lead to wrongful convictions. When there is a complete recording of the entire interrogation that produced such a statement or confession, the factfinder can evaluate its precise contents and any alleged coercive influences that may have produced it. (b) For these reasons, it is the intent of the Legislature to require electronic recording of custodial interrogations of both adults and juveniles. Recording interrogations decreases wrongful convictions based on false confessions and enhances public confidence in the criminal justice process. Properly recorded interrogations provide the best evidence of the communications that occurred during an interrogation, prevent disputes about how an officer conducted himself or herself or treated a suspect during the course of an interrogation, prevent a defendant from lying about the account of events he or she originally provided to law enforcement, and spare judges and jurors the time necessary and the need to assess which account of an interrogation to believe. SEC. 2. Section 859.5 of the Penal Code is amended to read: 859.5. (a) Except as otherwise provided in this section, a custodial interrogation of any person, including an adult or a minor, who is in a fixed place of detention, and suspected of committing murder, as listed in Section 187 or 189 of this code, or paragraph (1) of subdivision (b) of Section 707 of the Welfare and Institutions Code, shall be electronically recorded in its entirety. A statement that is electronically recorded as required pursuant to this section creates a rebuttable presumption that the electronically recorded statement was, in fact, given and was accurately recorded by the prosecution’s witnesses, provided that the electronic recording was made of the custodial interrogation in its entirety and the statement is otherwise admissible. (b) The requirement for the electronic recordation of a custodial interrogation pursuant to this section shall not apply under any of the following circumstances: (1) Electronic recording is not feasible because of exigent circumstances. An explanation of the exigent circumstances shall be documented in the police report. (2) The person to be interrogated states that he or she will speak to a law enforcement officer only if the interrogation is not electronically recorded. If feasible, that statement shall be electronically recorded. The requirement also does not apply if the person being interrogated indicates during interrogation that he or she will not participate in further interrogation unless electronic recording ceases. If the person being interrogated refuses to record any statement, the officer shall document that refusal in writing. (3) The custodial interrogation occurred in another jurisdiction and was conducted by law enforcement officers of that jurisdiction in compliance with the law of that jurisdiction, unless the interrogation was conducted with intent to avoid the requirements of this section. (4) The interrogation occurs when no law enforcement officer conducting the interrogation has knowledge of facts and circumstances that would lead an officer to reasonably believe that the individual being interrogated may have committed murder for which this section requires that a custodial interrogation be recorded. If during a custodial interrogation, the individual reveals facts and circumstances giving a law enforcement officer conducting the interrogation reason to believe that murder has been committed, continued custodial interrogation concerning that offense shall be electronically recorded pursuant to this section. (5) A law enforcement officer conducting the interrogation or the officer’s superior reasonably believes that electronic recording would disclose the identity of a confidential informant or jeopardize the safety of an officer, the individual being interrogated, or another individual. An explanation of the circumstances shall be documented in the police report. (6) The failure to create an electronic recording of the entire custodial interrogation was the result of a malfunction of the recording device, despite reasonable maintenance of the equipment, and timely repair or replacement was not feasible. (7) The questions presented to a person by law enforcement personnel and the person’s responsive statements were part of a routine processing or booking of that person. Electronic recording is not required for spontaneous statements made in response to questions asked during the routine processing of the arrest of the person. (8) The interrogation of a person who is in custody on a charge of a violation of Section 187 or 189 of this code or paragraph (1) of subdivision (b) of Section 707 of the Welfare and Institutions Code if the interrogation is not related to any of these offenses. If, during the interrogation, any information concerning one of these offenses is raised or mentioned, continued custodial interrogation concerning that offense shall be electronically recorded pursuant to this section. (c) If the prosecution relies on an exception in subdivision (b) to justify a failure to make an electronic recording of a custodial interrogation, the prosecution shall show by clear and convincing evidence that the exception applies. (d) A person’s statements that were not electronically recorded pursuant to this section may be admitted into evidence in a criminal proceeding or in a juvenile court proceeding, as applicable, if the court finds that all of the following apply: (1) The statements are admissible under applicable rules of evidence. (2) The prosecution has proven by clear and convincing evidence that the statements were made voluntarily. (3) Law enforcement personnel made a contemporaneous audio or audio and visual recording of the reason for not making an electronic recording of the statements. This provision does not apply if it was not feasible for law enforcement personnel to make that recording. (4) The prosecution has proven by clear and convincing evidence that one or more of the circumstances described in subdivision (b) existed at the time of the custodial interrogation. (e) Unless the court finds that an exception in subdivision (b) applies, all of the following remedies shall be granted as relief for noncompliance: (1) Failure to comply with any of the requirements of this section shall be considered by the court in adjudicating motions to suppress a statement of a defendant made during or after a custodial interrogation. (2) Failure to comply with any of the requirements of this section shall be admissible in support of claims that a defendant’s statement was involuntary or is unreliable, provided the evidence is otherwise admissible. (3) If the court finds that a defendant was subject to a custodial interrogation in violation of subdivision (a), the court shall provide the jury with an instruction, to be developed by the Judicial Council, that advises the jury to view with caution the statements made in that custodial interrogation. (f) The interrogating entity shall maintain the original or an exact copy of an electronic recording made of a custodial interrogation until a conviction for any offense relating to the interrogation is final and all direct and habeas corpus appeals are exhausted or the prosecution for that offense is barred by law or, in a juvenile court proceeding, as otherwise provided in subdivision (b) of Section 626.8 of the Welfare and Institutions Code. The interrogating entity may make one or more true, accurate, and complete copies of the electronic recording in a different format. (g) For the purposes of this section, the following terms have the following meanings: (1) “Custodial interrogation” means any interrogation in a fixed place of detention involving a law enforcement officer’s questioning that is reasonably likely to elicit incriminating responses, and in which a reasonable person in the subject’s position would consider himself or herself to be in custody, beginning when a person should have been advised of his or her constitutional rights, including the right to remain silent, the right to have counsel present during any interrogation, and the right to have counsel appointed if the person is unable to afford counsel, and ending when the questioning has completely finished. (2) (A) For the purposes of the custodial interrogation of a minor, pursuant to subdivision (a) or (b), “electronically recorded,” “electronic recordation,” and “electronic recording” refer to a video recording that accurately records a custodial interrogation. (B) For the purposes of the custodial interrogation of an adult, pursuant to subdivision (a) or (b), “electronically recorded,” “electronic recordation,” and “electronic recording” refer to a video or audio recording that accurately records a custodial interrogation. The Legislature encourages law enforcement agencies to use video recording when available. (3) “Fixed place of detention” means a fixed location under the control of a law enforcement agency where an individual is held in detention in connection with a criminal offense that has been, or may be, filed against that person, including a jail, police or sheriff’s station, holding cell, correctional or detention facility, juvenile hall, or a facility of the Division of Juvenile Facilities. (4) “Law enforcement officer” means a person employed by a law enforcement agency whose duties include enforcing criminal laws or investigating criminal activity, or any other person who is acting at the request or direction of that person. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 22962 of the Business and Professions Code is amended to read: 22962. (a) For purposes of this section, the following terms have the following meanings: (1) “Self-service display” means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. (2) “Tobacco paraphernalia” means cigarette papers or wrappers, blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, or other instruments or things designed for the smoking or ingestion of tobacco products. (3) “Tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (4) “Tobacco store” means a retail business that meets all of the following requirements: (A) Primarily sells tobacco products. (B) Generates more than 60 percent of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia. (C) Does not permit any person under 18 21 years of age to be present or enter the premises at any time, unless accompanied by the person’s parent or legal guardian, as defined in Section 6903 of the Family Code. (D) Does not sell alcoholic beverages or food for consumption on the premises. (b) (1) (A) Except as permitted in subdivision (b) of Section 22960, it is unlawful for a person engaged in the retail sale of tobacco products to sell, offer for sale, or display for sale any tobacco product or tobacco paraphernalia by self-service display. A person who violates this section is subject to those civil penalties specified in the schedule in subdivision (a) of Section 22958. (B) A person who violates this section is subject to those civil penalties specified in the schedule in subdivision (a) of Section 22958. (2) It is unlawful for a person engaged in the retail sale of blunt wraps to place or maintain, or to cause to be placed or maintained, any blunt wraps advertising display within two feet of candy, snack, or nonalcoholic beverage displayed inside any store or business. (3) It is unlawful for any person or business to place or maintain, or cause to be placed or maintained, any blunt wrap advertising display that is less than four feet above the floor. (c) Subdivision (b) shall not apply to the display in a tobacco store of cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco, provided that in the case of cigars they are generally not sold or offered for sale in a sealed package of the manufacturer or importer containing less than six cigars. In any enforcement action brought pursuant to this division, the retail business that displays any of the items described in this subdivision in a self-service display shall have the burden of proving that it qualifies for the exemption established in this subdivision. (d) The Attorney General, a city attorney, a county counsel, or a district attorney may bring a civil action to enforce this section. (e) This section does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access to tobacco products than the restrictions imposed by this section. To the extent that there is an inconsistency between this section and a local standard that imposes greater restrictions on the access to tobacco products, the greater restriction on the access to tobacco products in the local standard shall prevail. SECTION 1. SEC. 2. Section 22971 of the Business and Professions Code is amended to read: 22971. For purposes of this division, the following terms shall have the following meanings: (a) “Board” means the State Board of Equalization. (b) “Brand family” has the same meaning as that term is defined in paragraph (2) of subdivision (a) of Section 30165.1 of the Revenue and Taxation Code. (c) “Cigarette” means a cigarette as defined in Section 30003 of the Revenue and Taxation Code. (d) (1) “Control” or “controlling” means possession, direct or indirect, of the power: (A) To vote 25 percent or more of any class of the voting securities issued by a person. (B) To direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, other than a commercial contract for goods or nonmanagement services, or as otherwise provided; however, no individual shall be deemed to control a person solely on account of being a director, officer, or employee of that person. (2) For purposes of subparagraph (B) of paragraph (1), a person who, directly or indirectly, owns, controls, holds, with the power to vote, or holds proxies representing 10 percent or more of the then outstanding voting securities issued by another person, is presumed to control that other person. (3) For purposes of this division, the board may determine whether a person in fact controls another person. (e) “Display for sale” means the placement of cigarettes or tobacco products in a vending machine or in retail stock for the purpose of selling or gifting the cigarettes or tobacco products. For purposes of this definition, the clear and easily visible display of cigarettes or tobacco products shall create a rebuttable presumption that either were displayed for sale. (f) “Distributor” means a distributor as defined in Section 30011 of the Revenue and Taxation Code. (g) “Gifting” means any transfer of title or possession without consideration, exchange, or barter, in any manner or by any means, of cigarettes or tobacco products that have been purchased for resale under a license issued pursuant to this division if the transfer occurs while the license is suspended or after the effective date of its revocation. (h) “Importer” means an importer as defined in Section 30019 of the Revenue and Taxation Code. (i) “Law enforcement agency” means a sheriff, a police department, or a city, county, or city and county agency or department designated by the governing body of that agency to enforce this chapter or to enforce local smoking and tobacco ordinances and regulations. (j) “License” means a license issued by the board pursuant to this division. (k) “Licensee” means any person holding a license issued by the board pursuant to this division. (l) “Manufacturer” means a manufacturer of cigarettes or tobacco products sold in this state. (m) “Notice” or “notification” means, unless as otherwise provided, the written notice or notification provided to a licensee by the board by either actual delivery to the licensee or by first-class mail addressed to the licensee at the address on the license. (n) “Package of cigarettes” means a package as defined in Section 30015 of the Revenue and Taxation Code. (o) “Person” means a person as defined in Section 30010 of the Revenue and Taxation Code. (p) “Retailer” means a person who engages in this state in the sale of cigarettes or tobacco products directly to the public from a retail location. Retailer includes a person who operates vending machines from which cigarettes or tobacco products are sold in this state. (q) “Retail location” means both of the following: (1) Any building from which cigarettes or tobacco products are sold at retail. (2) A vending machine. (r) “Sale” or “sold” means a sale as defined in Section 30006 of the Revenue and Taxation Code. (s) “Tobacco products” means tobacco products as defined in subdivision (d) of Section 22950.5 and subdivision (b) of Section 30121 and subdivision (b) of Section 30131.1 of the Revenue and Taxation Code. (t) “Unstamped package of cigarettes” means a package of cigarettes that does not bear a tax stamp as required under Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, including a package of cigarettes that bears a tax stamp of another state or taxing jurisdiction, a package of cigarettes that bears a counterfeit tax stamp, or a stamped or unstamped package of cigarettes that is marked “Not for sale in the United States.” (u) “Wholesaler” means a wholesaler as defined in Section 30016 of the Revenue and Taxation Code. (v) 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. 2. SEC. 3. Section 22971 is added to the Business and Professions Code, to read: 22971. (a) For purposes of this division, the following terms shall have the following meanings: (1) “Board” means the State Board of Equalization. (2) “Brand family” has the same meaning as that term is defined in paragraph (2) of subdivision (a) of Section 30165.1 of the Revenue and Taxation Code. (3) “Cigarette” means a cigarette as defined in Section 30003 of the Revenue and Taxation Code. (4) (A)   “Control” or “controlling” means possession, direct or indirect, of the power: (i) To vote 25 percent or more of any class of the voting securities issued by a person. (ii) To direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, other than a commercial contract for goods or nonmanagement services, or as otherwise provided; however, no individual shall be deemed to control a person solely on account of being a director, officer, or employee of that person. (B) For purposes of clause (ii) of subparagraph (A), a person who, directly or indirectly, owns, controls, holds, with the power to vote, or holds proxies representing 10 percent or more of the then outstanding voting securities issued by another person, is presumed to control that other person. (C) For purposes of this division, the board may determine whether a person in fact controls another person. (5) “Display for sale” means the placement of cigarettes or tobacco products in a vending machine or in retail stock for the purpose of selling or gifting the cigarettes or tobacco products. For purposes of this definition, the clear and easily visible display of cigarettes or tobacco products shall create a rebuttable presumption that either were displayed for sale. (6) “Distributor” means a distributor as defined in Section 30011 of the Revenue and Taxation Code. (7) “Gifting” means any transfer of title or possession without consideration, exchange, or barter, in any manner or by any means, of cigarettes or tobacco products that have been purchased for resale under a license issued pursuant to this division if the transfer occurs while the license is suspended or after the effective date of its revocation. (8) “Importer” means an importer as defined in Section 30019 of the Revenue and Taxation Code. (9) “Law enforcement agency” means a sheriff, a police department, or a city, county, or city and county agency or department designated by the governing body of that agency to enforce this chapter or to enforce local smoking and tobacco ordinances and regulations. (10) “License” means a license issued by the board pursuant to this division. (11) “Licensee” means any person holding a license issued by the board pursuant to this division. (12) “Manufacturer” means a manufacturer of cigarettes or tobacco products sold in this state. (13) “Notice” or “notification” means, unless as otherwise provided, the written notice or notification provided to a licensee by the board by either actual delivery to the licensee or by first-class mail addressed to the licensee at the address on the license. (14) “Package of cigarettes” means a package as defined in Section 30015 of the Revenue and Taxation Code. (15) “Person” means a person as defined in Section 30010 of the Revenue and Taxation Code. (16) “Retailer” means a person who engages in this state in the sale of cigarettes or tobacco products directly to the public from a retail location. Retailer includes a person who operates vending machines from which cigarettes or tobacco products are sold in this state. (17) “Retail location” means a tobacco store as defined in Section 22962. (18) “Sale” or “sold” means a sale as defined in Section 30006 of the Revenue and Taxation Code. (19) “Tobacco products” means tobacco products as defined in subdivision (d) of Section 22950.5 and subdivision (b) of Section 30121 and subdivision (b) of Section 30131.1 of the Revenue and Taxation Code. (20) “Unstamped package of cigarettes” means a package of cigarettes that does not bear a tax stamp as required under Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, including a package of cigarettes that bears a tax stamp of another state or taxing jurisdiction, a package of cigarettes that bears a counterfeit tax stamp, or a stamped or unstamped package of cigarettes that is marked “Not for sale in the United States.” (21) “Wholesaler” means a wholesaler as defined in Section 30016 of the Revenue and Taxation Code. (b) This section shall become operative on January 1, 2019. 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 Stop Tobacco Access to Kids Enforcement (STAKE) Act, imposes civil penalties for a person engaged in the retail sale of tobacco products who sells, offers for sale, or displays for sale any tobacco product or tobacco paraphernalia by self-service display, except as specified. Existing law makes these penalties inapplicable to the display in a tobacco store of cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco, as provided, and defines “tobacco store” to mean a retail business that meets specified requirements, including that it does not permit any person under 18 years of age to be present or enter the premises at any time, unless accompanied by the person’s parent or legal guardian. This bill would revise the definition of “tobacco store” by raising the age of persons not permitted to be present or enter the premises at any time, unless accompanied by the person’s parent or legal guardian, from 18 to 21 years of age. Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, requires a retailer to obtain a license from the State Board of Equalization to engage in the sale of cigarettes and tobacco products in this state and defines a retailer as a person who engages in this state in the sale of cigarettes or tobacco products directly to the public from a retail location. The act defines a “retail location” as both any building from which cigarettes or tobacco products are sold at retail and a vending machine. The act also defines “tobacco products” to include, but not be limited to, all forms of cigars, smoking tobacco, chewing tobacco, snuff, and any other articles or products made of, or containing at least 50% , tobacco, but does not include cigarettes. A violation of these provisions is a crime. This bill would, would expand the definition of “tobacco products” to include a product containing, made, or derived from tobacco or nicotine, as specified, an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, and any component, part, or accessory of a tobacco product. The bill would, beginning January 1, 2019, revise the definition of a “retail location” to mean a tobacco store that is a retail business that, among other things, generates more than 60% of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia. By expanding the definition of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 22962 of the Business and Professions Code is amended to read: 22962. (a) For purposes of this section, the following terms have the following meanings: (1) “Self-service display” means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. (2) “Tobacco paraphernalia” means cigarette papers or wrappers, blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, or other instruments or things designed for the smoking or ingestion of tobacco products. (3) “Tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (4) “Tobacco store” means a retail business that meets all of the following requirements: (A) Primarily sells tobacco products. (B) Generates more than 60 percent of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia. (C) Does not permit any person under 18 21 years of age to be present or enter the premises at any time, unless accompanied by the person’s parent or legal guardian, as defined in Section 6903 of the Family Code. (D) Does not sell alcoholic beverages or food for consumption on the premises. (b) (1) (A) Except as permitted in subdivision (b) of Section 22960, it is unlawful for a person engaged in the retail sale of tobacco products to sell, offer for sale, or display for sale any tobacco product or tobacco paraphernalia by self-service display. A person who violates this section is subject to those civil penalties specified in the schedule in subdivision (a) of Section 22958. (B) A person who violates this section is subject to those civil penalties specified in the schedule in subdivision (a) of Section 22958. (2) It is unlawful for a person engaged in the retail sale of blunt wraps to place or maintain, or to cause to be placed or maintained, any blunt wraps advertising display within two feet of candy, snack, or nonalcoholic beverage displayed inside any store or business. (3) It is unlawful for any person or business to place or maintain, or cause to be placed or maintained, any blunt wrap advertising display that is less than four feet above the floor. (c) Subdivision (b) shall not apply to the display in a tobacco store of cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco, provided that in the case of cigars they are generally not sold or offered for sale in a sealed package of the manufacturer or importer containing less than six cigars. In any enforcement action brought pursuant to this division, the retail business that displays any of the items described in this subdivision in a self-service display shall have the burden of proving that it qualifies for the exemption established in this subdivision. (d) The Attorney General, a city attorney, a county counsel, or a district attorney may bring a civil action to enforce this section. (e) This section does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access to tobacco products than the restrictions imposed by this section. To the extent that there is an inconsistency between this section and a local standard that imposes greater restrictions on the access to tobacco products, the greater restriction on the access to tobacco products in the local standard shall prevail. SECTION 1. SEC. 2. Section 22971 of the Business and Professions Code is amended to read: 22971. For purposes of this division, the following terms shall have the following meanings: (a) “Board” means the State Board of Equalization. (b) “Brand family” has the same meaning as that term is defined in paragraph (2) of subdivision (a) of Section 30165.1 of the Revenue and Taxation Code. (c) “Cigarette” means a cigarette as defined in Section 30003 of the Revenue and Taxation Code. (d) (1) “Control” or “controlling” means possession, direct or indirect, of the power: (A) To vote 25 percent or more of any class of the voting securities issued by a person. (B) To direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, other than a commercial contract for goods or nonmanagement services, or as otherwise provided; however, no individual shall be deemed to control a person solely on account of being a director, officer, or employee of that person. (2) For purposes of subparagraph (B) of paragraph (1), a person who, directly or indirectly, owns, controls, holds, with the power to vote, or holds proxies representing 10 percent or more of the then outstanding voting securities issued by another person, is presumed to control that other person. (3) For purposes of this division, the board may determine whether a person in fact controls another person. (e) “Display for sale” means the placement of cigarettes or tobacco products in a vending machine or in retail stock for the purpose of selling or gifting the cigarettes or tobacco products. For purposes of this definition, the clear and easily visible display of cigarettes or tobacco products shall create a rebuttable presumption that either were displayed for sale. (f) “Distributor” means a distributor as defined in Section 30011 of the Revenue and Taxation Code. (g) “Gifting” means any transfer of title or possession without consideration, exchange, or barter, in any manner or by any means, of cigarettes or tobacco products that have been purchased for resale under a license issued pursuant to this division if the transfer occurs while the license is suspended or after the effective date of its revocation. (h) “Importer” means an importer as defined in Section 30019 of the Revenue and Taxation Code. (i) “Law enforcement agency” means a sheriff, a police department, or a city, county, or city and county agency or department designated by the governing body of that agency to enforce this chapter or to enforce local smoking and tobacco ordinances and regulations. (j) “License” means a license issued by the board pursuant to this division. (k) “Licensee” means any person holding a license issued by the board pursuant to this division. (l) “Manufacturer” means a manufacturer of cigarettes or tobacco products sold in this state. (m) “Notice” or “notification” means, unless as otherwise provided, the written notice or notification provided to a licensee by the board by either actual delivery to the licensee or by first-class mail addressed to the licensee at the address on the license. (n) “Package of cigarettes” means a package as defined in Section 30015 of the Revenue and Taxation Code. (o) “Person” means a person as defined in Section 30010 of the Revenue and Taxation Code. (p) “Retailer” means a person who engages in this state in the sale of cigarettes or tobacco products directly to the public from a retail location. Retailer includes a person who operates vending machines from which cigarettes or tobacco products are sold in this state. (q) “Retail location” means both of the following: (1) Any building from which cigarettes or tobacco products are sold at retail. (2) A vending machine. (r) “Sale” or “sold” means a sale as defined in Section 30006 of the Revenue and Taxation Code. (s) “Tobacco products” means tobacco products as defined in subdivision (d) of Section 22950.5 and subdivision (b) of Section 30121 and subdivision (b) of Section 30131.1 of the Revenue and Taxation Code. (t) “Unstamped package of cigarettes” means a package of cigarettes that does not bear a tax stamp as required under Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, including a package of cigarettes that bears a tax stamp of another state or taxing jurisdiction, a package of cigarettes that bears a counterfeit tax stamp, or a stamped or unstamped package of cigarettes that is marked “Not for sale in the United States.” (u) “Wholesaler” means a wholesaler as defined in Section 30016 of the Revenue and Taxation Code. (v) 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. 2. SEC. 3. Section 22971 is added to the Business and Professions Code, to read: 22971. (a) For purposes of this division, the following terms shall have the following meanings: (1) “Board” means the State Board of Equalization. (2) “Brand family” has the same meaning as that term is defined in paragraph (2) of subdivision (a) of Section 30165.1 of the Revenue and Taxation Code. (3) “Cigarette” means a cigarette as defined in Section 30003 of the Revenue and Taxation Code. (4) (A)   “Control” or “controlling” means possession, direct or indirect, of the power: (i) To vote 25 percent or more of any class of the voting securities issued by a person. (ii) To direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, other than a commercial contract for goods or nonmanagement services, or as otherwise provided; however, no individual shall be deemed to control a person solely on account of being a director, officer, or employee of that person. (B) For purposes of clause (ii) of subparagraph (A), a person who, directly or indirectly, owns, controls, holds, with the power to vote, or holds proxies representing 10 percent or more of the then outstanding voting securities issued by another person, is presumed to control that other person. (C) For purposes of this division, the board may determine whether a person in fact controls another person. (5) “Display for sale” means the placement of cigarettes or tobacco products in a vending machine or in retail stock for the purpose of selling or gifting the cigarettes or tobacco products. For purposes of this definition, the clear and easily visible display of cigarettes or tobacco products shall create a rebuttable presumption that either were displayed for sale. (6) “Distributor” means a distributor as defined in Section 30011 of the Revenue and Taxation Code. (7) “Gifting” means any transfer of title or possession without consideration, exchange, or barter, in any manner or by any means, of cigarettes or tobacco products that have been purchased for resale under a license issued pursuant to this division if the transfer occurs while the license is suspended or after the effective date of its revocation. (8) “Importer” means an importer as defined in Section 30019 of the Revenue and Taxation Code. (9) “Law enforcement agency” means a sheriff, a police department, or a city, county, or city and county agency or department designated by the governing body of that agency to enforce this chapter or to enforce local smoking and tobacco ordinances and regulations. (10) “License” means a license issued by the board pursuant to this division. (11) “Licensee” means any person holding a license issued by the board pursuant to this division. (12) “Manufacturer” means a manufacturer of cigarettes or tobacco products sold in this state. (13) “Notice” or “notification” means, unless as otherwise provided, the written notice or notification provided to a licensee by the board by either actual delivery to the licensee or by first-class mail addressed to the licensee at the address on the license. (14) “Package of cigarettes” means a package as defined in Section 30015 of the Revenue and Taxation Code. (15) “Person” means a person as defined in Section 30010 of the Revenue and Taxation Code. (16) “Retailer” means a person who engages in this state in the sale of cigarettes or tobacco products directly to the public from a retail location. Retailer includes a person who operates vending machines from which cigarettes or tobacco products are sold in this state. (17) “Retail location” means a tobacco store as defined in Section 22962. (18) “Sale” or “sold” means a sale as defined in Section 30006 of the Revenue and Taxation Code. (19) “Tobacco products” means tobacco products as defined in subdivision (d) of Section 22950.5 and subdivision (b) of Section 30121 and subdivision (b) of Section 30131.1 of the Revenue and Taxation Code. (20) “Unstamped package of cigarettes” means a package of cigarettes that does not bear a tax stamp as required under Part 13 (commencing with Section 30001) of Division 2 of the Revenue and Taxation Code, including a package of cigarettes that bears a tax stamp of another state or taxing jurisdiction, a package of cigarettes that bears a counterfeit tax stamp, or a stamped or unstamped package of cigarettes that is marked “Not for sale in the United States.” (21) “Wholesaler” means a wholesaler as defined in Section 30016 of the Revenue and Taxation Code. (b) This section shall become operative on January 1, 2019. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: This bill amends the Business and Professions Code to prohibit the sale of tobacco products or tobacco paraphernalia by self-service display. The bill also prohibits the sale of blunt

The people of the State of California do enact as follows: SECTION 1. Section 54.27 is added to the Civil Code, to read: 54.27. (a) An attorney who provides a prelitigation letter to an education entity shall do both of the following: (1) Include the attorney’s State Bar license number in the prelitigation letter. (2) Within five business days of providing the prelitigation letter, send a copy of the prelitigation letter to the California Commission on Disability Access. (b) An attorney who sends or serves a complaint against an education entity shall do both of the following: (1) Send a copy of the complaint and submit information about the complaint in a standard format specified by the California Commission on Disability Access to the commission within five business days of sending or serving the complaint. (2) Notify the California Commission on Disability Access within five business days of judgment, settlement, or dismissal of the claim or claims alleged in the complaint of the following information in a standard format specified by the commission: (A) The date of the judgment, settlement, or dismissal. (B) Whether or not the construction-related accessibility violations alleged in the complaint were remedied in whole or in part after the plaintiff filed a complaint. (C) If the construction-related accessibility violations alleged in the complaint were not remedied in whole or in part after the plaintiff filed a complaint, whether or not another favorable result was achieved after the plaintiff filed the complaint. (c) A violation of paragraph (2) of subdivision (a) or subdivision (b) shall constitute cause for the imposition of discipline of an attorney if a copy of the prelitigation letter, complaint, or notification of a case outcome is not sent to the California Commission on Disability Access within five business days. In the event the State Bar receives information indicating that an attorney has failed to send a copy of the prelitigation letter, complaint, or notification of a case outcome to the California Commission on Disability Access within five business days, the State Bar shall investigate to determine whether paragraph (2) of subdivision (a) or subdivision (b) has been violated. (d) Notwithstanding subdivisions (a) and (b), an attorney is not required to send to the California Commission on Disability Access a copy of any subsequent prelitigation letter or amended complaint in the same dispute following the initial prelitigation letter or complaint, unless that subsequent prelitigation letter or amended complaint alleges a new construction-related accessibility claim. (e) A prelitigation letter or notification of a case outcome sent to the California Commission on Disability Access shall be for the informational purposes of Section 8299.08 of the Government Code. (f) The California Commission on Disability Access shall review and report on the prelitigation letters, complaints, and notifications of case outcomes it receives in the same manner as provided in Section 8299.08 of the Government Code. (g) Paragraph (2) of subdivision (a) and subdivision (b) shall not apply to a prelitigation letter or complaint sent or filed by an attorney employed or retained by a qualified legal services project or a qualified support center, as defined in Section 6213 of the Business and Professions Code, when acting within the scope of employment in asserting a construction-related accessibility claim. The Legislature finds and declares that qualified legal services projects and support centers are extensively regulated by the State Bar of California, and that there is no evidence of any abusive use of demand letters or complaints by these organizations. The Legislature further finds that, in light of the evidence of the extraordinarily small number of construction-related accessibility cases brought by regulated legal services programs, and given the resources of those programs, exempting regulated legal services programs from the requirements of this section to report to the California Commission on Disability Access will not affect the purpose of the reporting to, and tabulation by, the commission of all other construction-related accessibility claims. (h) Nothing in this section applies to a claim for money or damages against a public entity governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code or makes the requirements of this section applicable to such a claim. (i) For purposes of this section, the following terms have the following meanings: (1) “Complaint” means a civil complaint that is filed or is to be filed with a court and is sent to or served upon a defendant on the basis of one or more construction-related accessibility claims. (2) “Construction-related accessibility claim” or “claim” means any claim of a violation of any construction-related accessibility standard, as defined in paragraph (6) of subdivision (a) of Section 55.52, with respect to a public building, public facility, or other public place of an education entity. “Construction-related accessibility claim” does not include a claim of interference with housing within the meaning of paragraph (2) of subdivision (b) of Section 54.1, or any claim of interference caused by something other than the construction-related accessibility condition of the property, including, but not limited to, the conduct of any person. (3) “Education entity” means the Regents of the University of California, the Trustees of the California State University and the California State University, the California Community Colleges Office of the Chancellor and the California Community Colleges, a K-12 school district, or any local education agency. (4) “Prelitigation letter” means a prelitigation written document that alleges the site is in violation of one or more construction-related accessibility standards, as defined in paragraph (6) of subdivision (a) of Section 55.52 and is provided to the education entity whether or not the attorney intends to file a complaint, or eventually files a complaint, in state or federal court. A prelitigation letter does not include a claim for money or damages against a local public entity governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. SEC. 2. Section 8299.08 of the Government Code is amended to read: 8299.08. The commission shall compile the following data with respect to any demand letter, prelitigation letter, or complaint sent to the commission pursuant to Section 54.27 or 55.32 of the Civil Code and post the information on its Internet Web site, pursuant to the following: (a) The commission shall identify the various types of construction-related physical access violations alleged in the demand letters and in the complaints, respectively, and shall tabulate the number of claims alleged for each type of violation in the demand letters and complaints, respectively. For purposes of this subdivision, any demand for money letters shall be grouped as demand letters. (b) Periodically, but not less than every six months beginning July 31, 2013, the commission shall post on its Internet Web site a list, by type, of the 10 most frequent types of accessibility violations alleged in the demand letters and in the complaints, respectively, and the numbers of alleged violations for each listed type of violation for the prior two quarters. (c) The commission shall, on a quarterly basis, identify and tabulate the number of demand letters and complaints received by the commission. The commission shall further ascertain whether a complaint was filed in state or federal court and tabulate the number of complaints filed in state or federal court, respectively. This data shall be posted on the commission’s Internet Web site periodically, but not less than every six months beginning July 31, 2013. (d) Commencing in 2014, and notwithstanding Section 10231.5, the commission shall make an annual report to the Legislature and the Chairs of the Senate and Assembly Committees on Judiciary by January 31 of each year of the tabulated data for the preceding calendar year as set forth in subdivisions (a) to (c), inclusive. A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.

Existing law provides that individuals with disabilities or medical conditions have the same right as the general public to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, including hospitals, clinics, and physicians’ offices, public facilities, and other public places. Existing law requires an attorney who provides a demand letter or sends or serves a complaint containing a claim of a violation of any construction-related accessibility standard, as defined, with respect to a place of public accommodation, to send a copy of the demand letter or complaint to the California Commission on Disability Access within 5 business days of providing the demand letter or sending or serving the complaint. Existing law further requires an attorney who sends or serves that complaint to notify the commission of judgment, settlement, or dismissal of the claim or claims alleged in the complaint and other specified information within 5 business days of the judgment, settlement, or dismissal. This bill, with specified exceptions, would also require an attorney who provides a prelitigation letter or sends or serves a complaint alleging a construction-related accessibility claim, as defined, against an education entity, as defined, to send a copy of the prelitigation letter or complaint to the commission within 5 business days of providing the prelitigation letter or sending or serving the complaint, would require the attorney to also submit information about the complaint with the copy of the complaint, and would further require the attorney to submit the notification of judgment, settlement, or dismissal to the commission, as described above. The bill would subject an attorney who fails to comply with these requirements to discipline and would require the commission to review and report on the prelitigation letters, complaints, and notifications of case outcomes the commission receives pursuant to these requirements, as specified.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 54.27 is added to the Civil Code, to read: 54.27. (a) An attorney who provides a prelitigation letter to an education entity shall do both of the following: (1) Include the attorney’s State Bar license number in the prelitigation letter. (2) Within five business days of providing the prelitigation letter, send a copy of the prelitigation letter to the California Commission on Disability Access. (b) An attorney who sends or serves a complaint against an education entity shall do both of the following: (1) Send a copy of the complaint and submit information about the complaint in a standard format specified by the California Commission on Disability Access to the commission within five business days of sending or serving the complaint. (2) Notify the California Commission on Disability Access within five business days of judgment, settlement, or dismissal of the claim or claims alleged in the complaint of the following information in a standard format specified by the commission: (A) The date of the judgment, settlement, or dismissal. (B) Whether or not the construction-related accessibility violations alleged in the complaint were remedied in whole or in part after the plaintiff filed a complaint. (C) If the construction-related accessibility violations alleged in the complaint were not remedied in whole or in part after the plaintiff filed a complaint, whether or not another favorable result was achieved after the plaintiff filed the complaint. (c) A violation of paragraph (2) of subdivision (a) or subdivision (b) shall constitute cause for the imposition of discipline of an attorney if a copy of the prelitigation letter, complaint, or notification of a case outcome is not sent to the California Commission on Disability Access within five business days. In the event the State Bar receives information indicating that an attorney has failed to send a copy of the prelitigation letter, complaint, or notification of a case outcome to the California Commission on Disability Access within five business days, the State Bar shall investigate to determine whether paragraph (2) of subdivision (a) or subdivision (b) has been violated. (d) Notwithstanding subdivisions (a) and (b), an attorney is not required to send to the California Commission on Disability Access a copy of any subsequent prelitigation letter or amended complaint in the same dispute following the initial prelitigation letter or complaint, unless that subsequent prelitigation letter or amended complaint alleges a new construction-related accessibility claim. (e) A prelitigation letter or notification of a case outcome sent to the California Commission on Disability Access shall be for the informational purposes of Section 8299.08 of the Government Code. (f) The California Commission on Disability Access shall review and report on the prelitigation letters, complaints, and notifications of case outcomes it receives in the same manner as provided in Section 8299.08 of the Government Code. (g) Paragraph (2) of subdivision (a) and subdivision (b) shall not apply to a prelitigation letter or complaint sent or filed by an attorney employed or retained by a qualified legal services project or a qualified support center, as defined in Section 6213 of the Business and Professions Code, when acting within the scope of employment in asserting a construction-related accessibility claim. The Legislature finds and declares that qualified legal services projects and support centers are extensively regulated by the State Bar of California, and that there is no evidence of any abusive use of demand letters or complaints by these organizations. The Legislature further finds that, in light of the evidence of the extraordinarily small number of construction-related accessibility cases brought by regulated legal services programs, and given the resources of those programs, exempting regulated legal services programs from the requirements of this section to report to the California Commission on Disability Access will not affect the purpose of the reporting to, and tabulation by, the commission of all other construction-related accessibility claims. (h) Nothing in this section applies to a claim for money or damages against a public entity governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code or makes the requirements of this section applicable to such a claim. (i) For purposes of this section, the following terms have the following meanings: (1) “Complaint” means a civil complaint that is filed or is to be filed with a court and is sent to or served upon a defendant on the basis of one or more construction-related accessibility claims. (2) “Construction-related accessibility claim” or “claim” means any claim of a violation of any construction-related accessibility standard, as defined in paragraph (6) of subdivision (a) of Section 55.52, with respect to a public building, public facility, or other public place of an education entity. “Construction-related accessibility claim” does not include a claim of interference with housing within the meaning of paragraph (2) of subdivision (b) of Section 54.1, or any claim of interference caused by something other than the construction-related accessibility condition of the property, including, but not limited to, the conduct of any person. (3) “Education entity” means the Regents of the University of California, the Trustees of the California State University and the California State University, the California Community Colleges Office of the Chancellor and the California Community Colleges, a K-12 school district, or any local education agency. (4) “Prelitigation letter” means a prelitigation written document that alleges the site is in violation of one or more construction-related accessibility standards, as defined in paragraph (6) of subdivision (a) of Section 55.52 and is provided to the education entity whether or not the attorney intends to file a complaint, or eventually files a complaint, in state or federal court. A prelitigation letter does not include a claim for money or damages against a local public entity governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. SEC. 2. Section 8299.08 of the Government Code is amended to read: 8299.08. The commission shall compile the following data with respect to any demand letter, prelitigation letter, or complaint sent to the commission pursuant to Section 54.27 or 55.32 of the Civil Code and post the information on its Internet Web site, pursuant to the following: (a) The commission shall identify the various types of construction-related physical access violations alleged in the demand letters and in the complaints, respectively, and shall tabulate the number of claims alleged for each type of violation in the demand letters and complaints, respectively. For purposes of this subdivision, any demand for money letters shall be grouped as demand letters. (b) Periodically, but not less than every six months beginning July 31, 2013, the commission shall post on its Internet Web site a list, by type, of the 10 most frequent types of accessibility violations alleged in the demand letters and in the complaints, respectively, and the numbers of alleged violations for each listed type of violation for the prior two quarters. (c) The commission shall, on a quarterly basis, identify and tabulate the number of demand letters and complaints received by the commission. The commission shall further ascertain whether a complaint was filed in state or federal court and tabulate the number of complaints filed in state or federal court, respectively. This data shall be posted on the commission’s Internet Web site periodically, but not less than every six months beginning July 31, 2013. (d) Commencing in 2014, and notwithstanding Section 10231.5, the commission shall make an annual report to the Legislature and the Chairs of the Senate and Assembly Committees on Judiciary by January 31 of each year of the tabulated data for the preceding calendar year as set forth in subdivisions (a) to (c), inclusive. A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795. ### Summary: This bill would require an attorney who provides a prelitigation letter to an education entity to include the attorney’s State Bar license number in the pre<bos>

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) (1) 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. (2) 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 provide. (3) 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. (4) Money received under Sections 89720 and 89721, and received pursuant to Section 2080.8 of the Civil Code, may 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 United States registered 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 purposes established by the trustees consistent with the terms and conditions of the gift, bequest, devise, donation, or agreement under Sections 89720 and 89721. (5) 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 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) 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, or, in accordance with Section 89726, in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission or in United States registered 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 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, 30 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, and shall not be used for ongoing operations. (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. No increase in tuition or reduction in course sections offered shall be adopted because of investment losses sustained as a result of this section.

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 that money in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, or in United States registered 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 that are appropriated 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 United States registered real estate investment trusts. Because the bill would authorize the expenditure of moneys from a continuously appropriated fund for new purposes, it would make an appropriation. 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. The bill would prohibit increases in tuition or reductions in course section offerings from being adopted because of investment losses sustained as a result of these provisions.

<bos> ### Instruction: Summary this text ### Text: 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) (1) 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. (2) 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 provide. (3) 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. (4) Money received under Sections 89720 and 89721, and received pursuant to Section 2080.8 of the Civil Code, may 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 United States registered 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 purposes established by the trustees consistent with the terms and conditions of the gift, bequest, devise, donation, or agreement under Sections 89720 and 89721. (5) 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 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) 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, or, in accordance with Section 89726, in mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission or in United States registered 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 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, 30 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, and shall not be used for ongoing operations. (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. No increase in tuition or reduction in course sections offered shall be adopted because of investment losses sustained as a result of this section. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 25402.12 is added to the Public Resources Code, to read: 25402.12. (a) On or before January 1, 2019, the commission, in consultation with the Contractors’ State License Board, local building officials, and other stakeholders, shall approve a plan that will promote compliance with Part 6 of Title 24 of the California Code of Regulations in the installation of central air-conditioning and heat pumps. (b) Prior to approving the plan described in subdivision (a), the commission shall do all of the following: (1) Evaluate the best available technological and economic information to ensure that data collection and its use is feasible and achievable at a reasonable cost to government, industry, and homeowners. (2) Consider the impact of the plan on all of the following: (A) Property owners. (B) The heating, ventilation, and air-conditioning industry, including manufacturers, distributors, and contractors. (C) Local governments. (D) Building officials. (E) The Contractors’ State License Board. (3) Provide the public with the opportunity to review and comment on the proposed plan. (c) The commission may adopt regulations to increase compliance with permitting and inspection requirements for central air-conditioning and heat pumps, and associated sales and installations, consistent with the plan approved pursuant to subdivision (a). SEC. 2. Section 399.4 of the Public Utilities Code is amended to read: 399.4. (a) (1) In order to ensure that prudent investments in energy efficiency continue to be made that produce cost-effective energy savings, reduce customer demand, and contribute to the safe and reliable operation of the electrical distribution grid, it is the policy of this state and the intent of the Legislature that the commission shall supervise the administration of cost-effective energy efficiency programs authorized pursuant to its statutory authority, including Sections 381, 381.1, 381.2, 381.5, 382, 384.5, 400, 454.5, 454.55, 454.56, 589, 701.1, 749, and 769, Article 10 (commencing with Section 890) of Chapter 4, and Chapter 6 (commencing with Section 2781) of Part 2. (2) As used in this section, the term “energy efficiency” includes, but is not limited to, cost-effective activities to achieve peak load reduction that improve end-use efficiency, lower customers’ bills, and reduce system needs. (b) (1) If a customer or contractor is the recipient of a rebate or incentive offered by a public utility for an energy efficiency improvement or installation of energy efficient components, equipment, or appliances in a building, the public utility shall provide the rebate or incentive only if the customer or contractor certifies that the improvement or installation has complied with any applicable permitting requirements, including any applicable specifications or requirements set forth in the California Building Standards Code (Title 24 of the California Code of Regulations), and, if a contractor performed the installation or improvement, that the contractor holds the appropriate license for the work performed. (2) In addition to the requirements of paragraph (1), if a customer or contractor is the recipient of a rebate or incentive offered by a public utility for the purchase or installation of central air-conditioning or a heat pump, and their related fans, the public utility shall provide the rebate or incentive only if the customer or contractor provides proof of permit closure. The public utility is not responsible for verifying the proof of permit closure documentation provided by the customer or contractor. (3) This subdivision does not imply or create authority or responsibility, or expand existing authority or responsibility, of a public utility for the enforcement of the building energy and water efficiency standards adopted pursuant to subdivision (a) or (b) of Section 25402 of the Public Resources Code, or appliance efficiency standards and certification requirements adopted pursuant to subdivision (c) of Section 25402 of the Public Resources Code. (4) Nothing in this subdivision shall limit the authority of the commission to impose any additional requirements on a recipient of any rebate or incentive. (c) The commission, in evaluating energy efficiency investments under its statutory authority, shall also ensure that local and regional interests, multifamily dwellings, and energy service industry capabilities are incorporated into program portfolio design and that local governments, community-based organizations, and energy efficiency service providers are encouraged to participate in program implementation where appropriate. (d) The commission, in a new or existing proceeding, shall review and update its policies governing energy efficiency programs funded by utility customers to facilitate achieving the targets established pursuant to subdivision (c) of Section 25310 of the Public Resources Code. In updating its policies, the commission shall, at a minimum, do all of the following: (1) Authorize market transformation programs with appropriate levels of funding to achieve deeper energy efficiency savings. (2) Authorize pay for performance programs that link incentives directly to measured energy savings. As part of pay for performance programs authorized by the commission, customers should be reasonably compensated for developing and implementing an energy efficiency plan, with a portion of their incentive reserved pending post project measurement results. (3) Authorize programs to achieve deeper savings through operational, behavioral, and retrocommissioning activities. (4) Ensure that customers have certainty in the values and methodology used to determine energy efficiency incentives by basing the amount of any incentives provided by gas and electrical corporations on the values and methodology contained in the executed customer agreement. Incentive payments shall be based on measured results.

Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) to prescribe, by regulation, building design and construction standards and energy and water conservation design standards for new residential and nonresidential buildings. Existing law requires the Energy Commission to prescribe, by regulation, standards for minimum levels of operating efficiency to promote the use of energy-efficient and water-efficient appliances whose use requires a significant amount of energy or water on a statewide basis. Existing law requires that the minimum levels of operating efficiency be based on feasible and attainable efficiencies or feasible improved efficiencies that will reduce the energy or water consumption growth rates. Existing law prohibits a new appliance manufactured on or after the effective date of the operating efficiency standards to be sold or offered for sale in the state unless it is certified by the manufacturer to be in compliance with those standards. This bill would require the Energy Commission, by January 1, 2019, to approve a plan that will promote compliance with specified regulations in the installation of central air conditioning and heat pumps. The bill would authorize the Energy Commission to adopt regulations to increase compliance with permitting and inspection requirements for central air conditioning and heat pumps, and associated sales and installations, consistent with that plan. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. The Reliable Electric Service Investments Act states the intent of the Legislature that the Public Utilities Commission continue to administer cost-effective energy efficiency programs that produce cost-effective energy savings, reduce customer demand, and contribute to the safe and reliable operation of the electrical distribution grid. Under the act, in order to receive a rebate or incentive offered by a public utility for an energy efficiency improvement or for the installation of energy efficient components, equipment, or appliances in buildings, the recipient is required to certify that the improvement or installation complied with any applicable permitting requirements and, if a contractor performed the installation or improvement, that the contractor holds the appropriate license for the work performed. This bill would limit the application of the above energy efficiency rebate and incentive provisions to customer or contractor recipients. The bill would require a customer or contractor to certify that an energy efficiency improvement or installation complies with any applicable specifications or requirements set forth in the California Building Standards Code in order to receive a rebate or incentive. The bill would require a customer or contractor receiving a rebate or incentive offered by a public utility for purchasing or installing central air conditioning or a heat pump, and their related fans, to additionally provide a proof of permit closure. The bill would also more specifically identify the Public Utility Commission’s statutory authority for supervising cost-effective energy efficiency programs.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 25402.12 is added to the Public Resources Code, to read: 25402.12. (a) On or before January 1, 2019, the commission, in consultation with the Contractors’ State License Board, local building officials, and other stakeholders, shall approve a plan that will promote compliance with Part 6 of Title 24 of the California Code of Regulations in the installation of central air-conditioning and heat pumps. (b) Prior to approving the plan described in subdivision (a), the commission shall do all of the following: (1) Evaluate the best available technological and economic information to ensure that data collection and its use is feasible and achievable at a reasonable cost to government, industry, and homeowners. (2) Consider the impact of the plan on all of the following: (A) Property owners. (B) The heating, ventilation, and air-conditioning industry, including manufacturers, distributors, and contractors. (C) Local governments. (D) Building officials. (E) The Contractors’ State License Board. (3) Provide the public with the opportunity to review and comment on the proposed plan. (c) The commission may adopt regulations to increase compliance with permitting and inspection requirements for central air-conditioning and heat pumps, and associated sales and installations, consistent with the plan approved pursuant to subdivision (a). SEC. 2. Section 399.4 of the Public Utilities Code is amended to read: 399.4. (a) (1) In order to ensure that prudent investments in energy efficiency continue to be made that produce cost-effective energy savings, reduce customer demand, and contribute to the safe and reliable operation of the electrical distribution grid, it is the policy of this state and the intent of the Legislature that the commission shall supervise the administration of cost-effective energy efficiency programs authorized pursuant to its statutory authority, including Sections 381, 381.1, 381.2, 381.5, 382, 384.5, 400, 454.5, 454.55, 454.56, 589, 701.1, 749, and 769, Article 10 (commencing with Section 890) of Chapter 4, and Chapter 6 (commencing with Section 2781) of Part 2. (2) As used in this section, the term “energy efficiency” includes, but is not limited to, cost-effective activities to achieve peak load reduction that improve end-use efficiency, lower customers’ bills, and reduce system needs. (b) (1) If a customer or contractor is the recipient of a rebate or incentive offered by a public utility for an energy efficiency improvement or installation of energy efficient components, equipment, or appliances in a building, the public utility shall provide the rebate or incentive only if the customer or contractor certifies that the improvement or installation has complied with any applicable permitting requirements, including any applicable specifications or requirements set forth in the California Building Standards Code (Title 24 of the California Code of Regulations), and, if a contractor performed the installation or improvement, that the contractor holds the appropriate license for the work performed. (2) In addition to the requirements of paragraph (1), if a customer or contractor is the recipient of a rebate or incentive offered by a public utility for the purchase or installation of central air-conditioning or a heat pump, and their related fans, the public utility shall provide the rebate or incentive only if the customer or contractor provides proof of permit closure. The public utility is not responsible for verifying the proof of permit closure documentation provided by the customer or contractor. (3) This subdivision does not imply or create authority or responsibility, or expand existing authority or responsibility, of a public utility for the enforcement of the building energy and water efficiency standards adopted pursuant to subdivision (a) or (b) of Section 25402 of the Public Resources Code, or appliance efficiency standards and certification requirements adopted pursuant to subdivision (c) of Section 25402 of the Public Resources Code. (4) Nothing in this subdivision shall limit the authority of the commission to impose any additional requirements on a recipient of any rebate or incentive. (c) The commission, in evaluating energy efficiency investments under its statutory authority, shall also ensure that local and regional interests, multifamily dwellings, and energy service industry capabilities are incorporated into program portfolio design and that local governments, community-based organizations, and energy efficiency service providers are encouraged to participate in program implementation where appropriate. (d) The commission, in a new or existing proceeding, shall review and update its policies governing energy efficiency programs funded by utility customers to facilitate achieving the targets established pursuant to subdivision (c) of Section 25310 of the Public Resources Code. In updating its policies, the commission shall, at a minimum, do all of the following: (1) Authorize market transformation programs with appropriate levels of funding to achieve deeper energy efficiency savings. (2) Authorize pay for performance programs that link incentives directly to measured energy savings. As part of pay for performance programs authorized by the commission, customers should be reasonably compensated for developing and implementing an energy efficiency plan, with a portion of their incentive reserved pending post project measurement results. (3) Authorize programs to achieve deeper savings through operational, behavioral, and retrocommissioning activities. (4) Ensure that customers have certainty in the values and methodology used to determine energy efficiency incentives by basing the amount of any incentives provided by gas and electrical corporations on the values and methodology contained in the executed customer agreement. Incentive payments shall be based on measured results. ### Summary: This bill would require the California Energy Commission to approve a plan to promote compliance with Part 6 of Title 24 of the California Code of Regulations in the

The people of the State of California do enact as follows: SECTION 1. Article 4 (commencing with Section 18735) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: Article 4. Revive the Salton Sea Fund 18735. (a) An individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Revive the Salton Sea Fund established by Section 18736. That designation shall be used as a voluntary contribution on the tax return. (b) The contributions shall be in full dollar amounts and may be made individually by each signatory on a joint return. (c) A designation under subdivision (a) shall be made for a taxable year on the original return for that taxable year and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s tax liability, the return shall be treated as though no designation has been made. (d) (1) The Franchise Tax Board shall revise the form of the return to include a space labeled “Revive the Salton Sea Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to fund all of the following: (A) Programs to create statewide public awareness and grassroots support for the restoration of the Salton Sea. (B) Programs to engage the public through promotion and education about the Salton Sea. (C) Current and future projects identified as necessary for restoration and maintenance of the Salton Sea, including projects identified by the Salton Sea Authority. (2) Notwithstanding any other law, a voluntary contribution designation for the Revive the Salton Sea Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available, whichever occurs first. (e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a). 18736. There is hereby established in the State Treasury the Revive the Salton Sea Fund to receive contributions made pursuant tocal agencies, nonprofit organizations, and projects identified as necessary for the restoration and maintenance of the Salton Sea, including projects identified by the Salton Sea Authority. (B) Up to 5 percent of the funds to the Natural Resources Agency for development of a mechanism to provide ongoing public awareness through activities that will promote the charitable tax deduction for the fund and seek continued contributions. These activities may include convening a philanthropic roundtable, developing literature for use by city, county, or local agencies and programs, and whatever other activities are deemed necessary and appropriate to promote the fund. (C) Funds allocated pursuant to this paragraph shall not be used for administrative costs. (b) Money in the Revive the Salton Sea Fund shall not be used to supplant state General Fund money for any purpose. 18738. (a) Except as otherwise provided in paragraph (2) of subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the Revive the Salton Sea Fund on the personal income tax return and is repealed as of December 1 of that year. (b) (1) By September 1 of the second calendar year and each subsequent calendar year that the Revive the Salton Sea Fund appears on the tax return, the Franchise Tax Board shall do all of the following: (A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. (B) Provide written notification to the Natural Resources Agency of the amount determined in subparagraph (A). (C) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. (2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year. (3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the Revive the Salton Sea Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c). (c) For each calendar year, beginning with the third calendar year after the first appearance of the Revive the Salton Sea Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows: (1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. (2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041.

Existing law authorizes an individual taxpayer to contribute amounts in excess of his or her personal income tax liability for the support of specified funds. Existing law also contains administrative provisions that are generally applicable to voluntary contributions. This bill would allow an individual to designate on his or her tax return that a specified amount in excess of his or her tax liability be transferred to the Revive the Salton Sea Fund, which would be created by this bill. The bill would prohibit a voluntary contribution designation for the Revive the Salton Sea Fund from being added on the tax return until another voluntary contribution designation is removed or a space is available and would require, once the designation is added, specified information to be on the tax form, including the purposes for which the contribution would be used. This bill would require money contributed to the fund, upon appropriation by the Legislature, to be allocated to the Franchise Tax Board and the Controller for reimbursement of costs, as provided, and to the Natural Resources Agency for distribution of competitive grants to provide funds or supplement funding of the state, county and local agencies, nonprofit organizations, and projects identified as necessary for the restoration and maintenance of the Salton Sea and to develop a mechanism to provide ongoing public awareness, as specified. The bill would provide that these provisions would remain in effect only until January 1 of the 5th taxable year following the first appearance of the fund on the tax return, but would further provide for an earlier repeal if the Franchise Tax Board determines that the amount of contributions estimated to be received during a calendar year will not equal or exceed the minimum contribution amount, as defined, for that calendar year, in which case these provisions would be repealed on December 1 of that year.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Article 4 (commencing with Section 18735) is added to Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, to read: Article 4. Revive the Salton Sea Fund 18735. (a) An individual may designate on the tax return that a contribution in excess of the tax liability, if any, be made to the Revive the Salton Sea Fund established by Section 18736. That designation shall be used as a voluntary contribution on the tax return. (b) The contributions shall be in full dollar amounts and may be made individually by each signatory on a joint return. (c) A designation under subdivision (a) shall be made for a taxable year on the original return for that taxable year and once made shall be irrevocable. If payments and credits reported on the return, together with any other credits associated with the individual’s account, do not exceed the individual’s tax liability, the return shall be treated as though no designation has been made. (d) (1) The Franchise Tax Board shall revise the form of the return to include a space labeled “Revive the Salton Sea Fund” to allow for the designation permitted under subdivision (a). The form shall also include in the instructions information that the contribution may be in the amount of one dollar ($1) or more and that the contribution shall be used to fund all of the following: (A) Programs to create statewide public awareness and grassroots support for the restoration of the Salton Sea. (B) Programs to engage the public through promotion and education about the Salton Sea. (C) Current and future projects identified as necessary for restoration and maintenance of the Salton Sea, including projects identified by the Salton Sea Authority. (2) Notwithstanding any other law, a voluntary contribution designation for the Revive the Salton Sea Fund shall not be added on the tax return until another voluntary contribution designation is removed or space is available, whichever occurs first. (e) A deduction shall be allowed under Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 for any contribution made pursuant to subdivision (a). 18736. There is hereby established in the State Treasury the Revive the Salton Sea Fund to receive contributions made pursuant tocal agencies, nonprofit organizations, and projects identified as necessary for the restoration and maintenance of the Salton Sea, including projects identified by the Salton Sea Authority. (B) Up to 5 percent of the funds to the Natural Resources Agency for development of a mechanism to provide ongoing public awareness through activities that will promote the charitable tax deduction for the fund and seek continued contributions. These activities may include convening a philanthropic roundtable, developing literature for use by city, county, or local agencies and programs, and whatever other activities are deemed necessary and appropriate to promote the fund. (C) Funds allocated pursuant to this paragraph shall not be used for administrative costs. (b) Money in the Revive the Salton Sea Fund shall not be used to supplant state General Fund money for any purpose. 18738. (a) Except as otherwise provided in paragraph (2) of subdivision (b), this article shall remain in effect only until January 1 of the fifth taxable year following the first appearance of the Revive the Salton Sea Fund on the personal income tax return and is repealed as of December 1 of that year. (b) (1) By September 1 of the second calendar year and each subsequent calendar year that the Revive the Salton Sea Fund appears on the tax return, the Franchise Tax Board shall do all of the following: (A) Determine the minimum contribution amount required to be received during the next calendar year for the fund to appear on the tax return for the taxable year that includes that next calendar year. (B) Provide written notification to the Natural Resources Agency of the amount determined in subparagraph (A). (C) Determine whether the amount of contributions estimated to be received during the calendar year will equal or exceed the minimum contribution amount determined by the Franchise Tax Board for the calendar year pursuant to subparagraph (A). The Franchise Tax Board shall estimate the amount of contributions to be received by using the actual amounts received and an estimate of the contributions that will be received by the end of that calendar year. (2) If the Franchise Tax Board determines that the amount of the contributions estimated to be received during a calendar year will not at least equal the minimum contribution amount for the calendar year, this article shall be inoperative with respect to taxable years beginning on or after January 1 of that calendar year and shall be repealed on December 1 of that year. (3) For purposes of this section, the minimum contribution amount for a calendar year means two hundred fifty thousand dollars ($250,000) for the second calendar year after the first appearance of the Revive the Salton Sea Fund on the personal income tax return or the minimum contribution amount as adjusted pursuant to subdivision (c). (c) For each calendar year, beginning with the third calendar year after the first appearance of the Revive the Salton Sea Fund on the personal income tax return, the Franchise Tax Board shall adjust, on or before September 1 of that calendar year, the minimum contribution amount specified in subdivision (b) as follows: (1) The minimum contribution amount for the calendar year shall be an amount equal to the product of the minimum contribution amount for the prior calendar year multiplied by the inflation factor adjustment as specified in subparagraph (A) of paragraph (2) of subdivision (h) of Section 17041, rounded off to the nearest dollar. (2) The inflation factor adjustment used for the calendar year shall be based on the figures for the percentage change in the California Consumer Price Index for all items received on or before August 1 of the calendar year pursuant to paragraph (1) of subdivision (h) of Section 17041. ### Summary: This bill would add Article 4 (commencing with Section 18735) to Chapter 3 of Part 10.2 of Division

The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares all of the following: (1) The Legislature and the Governor, through the enactment of the Budget Act of 2015 (Chapter 11 of the Statutes of 2015), expanded Medi-Cal eligibility for children to ensure that no child in California who is income eligible will be denied access to health care coverage on the basis of immigration status. (2) Expanding access and increasing enrollment in comprehensive health care coverage is of benefit to the health and welfare of all Californians. (3) Longstanding California law provides full-scope Medi-Cal benefits to United States citizens, lawful permanent residents, and individuals permanently residing in the United States under color of law, including those granted deferred action. (b) It is the intent of the Legislature in enacting this act to increase opportunities for enrollment in comprehensive health care coverage for adults, regardless of immigration status. SEC. 2. Section 14102.1 is added to the Welfare and Institutions Code, to read: 14102.1. (a) (1) Notwithstanding any other law, an individual 19 years of age or older who meets all of the eligibility requirements for full-scope Medi-Cal benefits under this chapter, but for his or her immigration status, may be enrolled for full-scope Medi-Cal benefits, pursuant to paragraph (2). (2) When a county completes the Medi-Cal eligibility determination process for an individual 19 years of age or older who meets all of the eligibility requirements for full-scope Medi-Cal benefits under this chapter, but for his or her immigration status, the county shall transmit this information to the department to determine if sufficient funding is available for this individual to receive full-scope Medi-Cal benefits. If sufficient funding is available, the individual shall be eligible for full-scope benefits. If sufficient funding is not available, the individual shall be eligible for limited scope Medi-Cal benefits. (b) This section shall not apply to individuals eligible for coverage pursuant to Section 14102. (c) An individual who is eligible for coverage under subdivision (a) shall be required to enroll into Medi-Cal managed care health plans to the extent required of otherwise eligible Medi-Cal recipients who are similarly situated. (d) An individual who is eligible for coverage under subdivision (a) shall pay copayments and premium contributions to the extent required of otherwise eligible Medi-Cal recipients who are similarly situated. (e) Benefits for services under this section shall be provided with state-only funds only if federal financial participation is not available for those services. The department shall maximize federal financial participation in implementing this section to the extent allowable. (f) Eligibility for full-scope Medi-Cal benefits for an individual 19 years of age or older pursuant to subdivision (a) shall not be an entitlement. The department shall have the authority to determine eligibility, determine the number of individuals who may be enrolled, establish limits on the number enrolled, and establish processes for waiting lists needed to maintain program expenditures within available funds. (g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions 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. Commencing July 1, 2016, 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. 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. 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 expand access to health care coverage to every Californian as quickly as possible, it is necessary that this act go into immediate effect. SECTION 1. Section 1246.5 of the Business and Professions Code is repealed. SEC. 2. Section 1246.5 is added to the Business and Professions Code , to read: 1246.5. (a)Notwithstanding any other law, a person may request, and a licensed clinical laboratory or public health laboratory may perform, any laboratory test that the laboratory offers to the public without an order from a healing arts licensee or his or her representative. (b)If a laboratory test of a person is conducted without an order from a healing arts licensee or his or her representative, the test results shall be provided to the person who was the subject of the test. The test results report shall state in bold type that it is the responsibility of the person who was tested to arrange with his or her health care provider for consultation and interpretation of the test results. (c)A healing arts licensee is not required to review or act on a laboratory test result if the healing arts licensee or his or her representative did not order the laboratory test. A healing arts licensee is not subject to liability or disciplinary actions for failure to review or act on the results of a laboratory test of any person if the healing arts licensee or his or her representative did not order the laboratory test. (d)This section does not require that any laboratory test be covered by a health care service plan contract or health insurance policy. SEC. 3. Section 1288 of the Business and Professions Code is amended to read: 1288. A report of results issuing from a clinical laboratory shall show clearly the name and address of the laboratory and the name of the director. 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 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. The federal Medicaid program provisions prohibit payment to a state for medical assistance furnished to an alien who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. This bill would extend eligibility for full-scope Medi-Cal benefits to individuals 19 years of age and older who are otherwise eligible for those benefits but for their immigration status if the department determines that sufficient funding is available, or for limited scope Medi-Cal benefits if funding for full-scope benefits is not available. The bill would require these individuals to enroll into Medi-Cal managed care health plans, and to pay copayments and premium contributions, to the extent required of otherwise eligible Medi-Cal recipients who are similarly situated. The bill would require that benefits for those services to be provided with state-only funds only if federal financial participation is not available. Because counties are required to make Medi-Cal eligibility determinations and this bill would expand Medi-Cal eligibility, the bill would impose a state-mandated local program. The bill would require the department to adopt regulations by July 1, 2018, and, commencing July 1, 2016, would require the department to provide a status report to the Legislature on a semiannual basis until regulations have been adopted. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. This bill would declare that it is to take effect immediately as an urgency statute. Existing law provides for the regulation and licensure of clinical laboratories and clinical laboratory personnel by the State Department of Public Health and makes a violation of a provision under this law a misdemeanor. Existing law authorizes a person to request, and a licensed clinical laboratory or public health laboratory to perform specified clinical laboratory tests, including pregnancy, glucose level, cholesterol, and occult blood tests. Existing law authorizes a registered clinical laboratory to perform these tests if the test is subject to a certificate of waiver under the Clinical Laboratory Improvement Amendments of 1988 and the laboratory has registered with the State Department of Public Health. Existing law authorizes the results of the test to be provided directly to the person requesting the test if the test is on or for his or her own body. Existing law requires that those test results be provided in a manner that presents clear information and that identifies results indicating the need for referral to a physician. This bill would repeal those provisions and instead allow a person to request, and a licensed clinical laboratory or public health laboratory to perform, any laboratory test that the laboratory offers to the public on a direct access basis without a healing arts licensee’s order. If a laboratory test is conducted without an order from a healing arts licensee, the bill would require any report of the test results to be provided to the person who was the subject of the test. The bill would require the report to state in bold type that it is the responsibility of the person who was tested to arrange with his or her health care provider for consultation and interpretation of the test results. The bill would make additional conforming changes. By changing the definition 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.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares all of the following: (1) The Legislature and the Governor, through the enactment of the Budget Act of 2015 (Chapter 11 of the Statutes of 2015), expanded Medi-Cal eligibility for children to ensure that no child in California who is income eligible will be denied access to health care coverage on the basis of immigration status. (2) Expanding access and increasing enrollment in comprehensive health care coverage is of benefit to the health and welfare of all Californians. (3) Longstanding California law provides full-scope Medi-Cal benefits to United States citizens, lawful permanent residents, and individuals permanently residing in the United States under color of law, including those granted deferred action. (b) It is the intent of the Legislature in enacting this act to increase opportunities for enrollment in comprehensive health care coverage for adults, regardless of immigration status. SEC. 2. Section 14102.1 is added to the Welfare and Institutions Code, to read: 14102.1. (a) (1) Notwithstanding any other law, an individual 19 years of age or older who meets all of the eligibility requirements for full-scope Medi-Cal benefits under this chapter, but for his or her immigration status, may be enrolled for full-scope Medi-Cal benefits, pursuant to paragraph (2). (2) When a county completes the Medi-Cal eligibility determination process for an individual 19 years of age or older who meets all of the eligibility requirements for full-scope Medi-Cal benefits under this chapter, but for his or her immigration status, the county shall transmit this information to the department to determine if sufficient funding is available for this individual to receive full-scope Medi-Cal benefits. If sufficient funding is available, the individual shall be eligible for full-scope benefits. If sufficient funding is not available, the individual shall be eligible for limited scope Medi-Cal benefits. (b) This section shall not apply to individuals eligible for coverage pursuant to Section 14102. (c) An individual who is eligible for coverage under subdivision (a) shall be required to enroll into Medi-Cal managed care health plans to the extent required of otherwise eligible Medi-Cal recipients who are similarly situated. (d) An individual who is eligible for coverage under subdivision (a) shall pay copayments and premium contributions to the extent required of otherwise eligible Medi-Cal recipients who are similarly situated. (e) Benefits for services under this section shall be provided with state-only funds only if federal financial participation is not available for those services. The department shall maximize federal financial participation in implementing this section to the extent allowable. (f) Eligibility for full-scope Medi-Cal benefits for an individual 19 years of age or older pursuant to subdivision (a) shall not be an entitlement. The department shall have the authority to determine eligibility, determine the number of individuals who may be enrolled, establish limits on the number enrolled, and establish processes for waiting lists needed to maintain program expenditures within available funds. (g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions 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. Commencing July 1, 2016, 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. 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. 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 expand access to health care coverage to every Californian as quickly as possible, it is necessary that this act go into immediate effect. SECTION 1. Section 1246.5 of the Business and Professions Code is repealed. SEC. 2. Section 1246.5 is added to the Business and Professions Code , to read: 1246.5. (a)Notwithstanding any other law, a person may request, and a licensed clinical laboratory or public health laboratory may perform, any laboratory test that the laboratory offers to the public without an order from a healing arts licensee or his or her representative. (b)If a laboratory test of a person is conducted without an order from a healing arts licensee or his or her representative, the test results shall be provided to the person who was the subject of the test. The test results report shall state in bold type that it is the responsibility of the person who was tested to arrange with his or her health care provider for consultation and interpretation of the test results. (c)A healing arts licensee is not required to review or act on a laboratory test result if the healing arts licensee or his or her representative did not order the laboratory test. A healing arts licensee is not subject to liability or disciplinary actions for failure to review or act on the results of a laboratory test of any person if the healing arts licensee or his or her representative did not order the laboratory test. (d)This section does not require that any laboratory test be covered by a health care service plan contract or health insurance policy. SEC. 3. Section 1288 of the Business and Professions Code is amended to read: 1288. A report of results issuing from a clinical laboratory shall show clearly the name and address of the laboratory and the name of the director. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Improving occupational health and safety in all lines of work is a priority for the State of California, and that focus should extend to child care caregivers. (b) Child care caregivers are at risk for occupational health and safety risks on the job, including from toxic chemicals, illness, stress, and physical hazards such as lifting and bending. According to the Bureau of Labor Statistics, child care workers have musculoskeletal injury rates comparable to those of industrial truck and tractor operators and construction equipment operators. (c) The federal Child Care and Development Block Grant Act of 1990 (CCDBG) (42 U.S.C. Sec. 9857 et. seq) was reauthorized in 2014 (Public Law 113-186). The changes to the CCDBG include a requirement that caregivers complete preservice or orientation training on topics including infectious disease prevention and control, building and physical premises safety, emergency preparedness and disaster response, and handling/storage of hazardous materials and disposal of biocontaminants. Requiring caregivers to complete occupational health and safety training will satisfy several of the new CCDBG health and safety requirements and will also help caregivers with child development permits satisfy the 105 hours of professional growth activities necessary to renew their permits. The training will also improve health and safety for caregivers and the children in their care, and will therefore benefit the families of the children served and the economy of the state. SEC. 2. Article 19.5 (commencing with Section 8430) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: Article 19.5. Child Care Caregiver Occupational Health and Safety Training Act 8430. This article may be known and cited as the Child Care Caregiver Occupational Health and Safety Training Act. 8431. As used in this article, the following terms have the following meanings: (a) “Caregivers” means licensed caregivers and license-exempt caregivers. (b) “Department” means the State Department of Education. (c) “Licensed caregiver” means a person who works directly with children and is a child care provider, an administrator, or an employee of a licensed child day care facility. (d) “License-exempt caregiver” means a person who works directly with children under a publicly funded child care program, and is a child care provider who is exempt from licensing requirements pursuant to Section 1596.792 of the Health and Safety Code, or the employee of such a child care provider, but excludes caregivers who are the relatives of the children they care for. (e) “Publicly funded child care program” means a program administered by the State Department of Education, the State Department of Social Services, or another department, agency, or political subdivision of the state, including, but not limited to, child care voucher programs, the California State Preschool Program, child care center contracts and programs established subsequent to the passage of this article, to subsidize early learning and care for children, but not including the public education system. 8432. (a) A caregiver shall attend a one-time, two-hour training on occupational health and safety risks specific to the child care profession, and on how to identify and avoid those risks. (b) A caregiver shall be required to complete this training within two years of when the training is first offered pursuant to this act, or within three months of the caregiver beginning to care for children in a licensed child day care facility, whichever occurs later. (c) The training shall include all of the following: (1) A discussion of all of the following risks and how the risks can be identified and minimized in a child care setting: (A) Chemical and biological hazards. (B) Infectious disease. (C) Physical hazards and stress. (2) Small-group and large-group discussion. (3) An opportunity for a caregiver to learn from current child care professionals. (4) Presentations by associations or organizations of child care caregivers about their professional development offerings for caregivers, upon approval by the department. (5) An opportunity for a caregiver to give feedback on the training he or she has received. (d) The State Department of Education shall, in consultation with the State Department of Public Health and child care caregivers, develop the curriculum for the training. (e) The department shall compensate a caregiver for his or her time for attending the training established in this article. (f) The department shall contract with an entity to provide the occupational health and safety training required in this article throughout the state. Based on a competitive process, the department shall select an entity that meets all of the following requirements: (1) Has experience providing occupational health and safety trainings, as described in this article, to caregivers. (2) Trains caregivers to give the training required by this article to other caregivers. (3) Will provide periodic updates on health and safety matters to caregivers who have completed the training. (g) The department shall, on a monthly basis, provide lists of the caregivers who have attended the training and of those who are required to attend the training, but have not yet attended, and their contact information, to the entity selected to provide the training, to enable the entity to provide periodic updates to affected caregivers on health and safety issues and other educational information. (h) The department and the entity it selects to provide the training shall comply with the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code), which includes, among alternative communication options, providing the same type of training materials in any non-English language spoken by a substantial number of members of the public whom the department serves. 8433. This article shall take effect July 1, 2017. SECTION 1. Section 35179 of the Education Code is amended to read: 35179. (a)Each school district governing board shall have general control of, and be responsible for, all aspects of the interscholastic athletic policies, programs, and activities in its district, including, but not necessarily limited to, eligibility, season of sport, number of sports, personnel, and sports facilities. In addition, the school district governing board shall ensure that all interscholastic policies, programs, and activities in its district are in compliance with state and federal law. (b)School district governing boards may enter into associations or consortia with other school district governing boards for the purpose of governing regional or statewide interscholastic athletic programs by permitting the public schools under their jurisdictions to enter into a voluntary association with other schools for the purpose of enacting and enforcing rules relating to eligibility for, and participation in, interscholastic athletic programs among and between schools. (c)Each school district governing board, or its designee, shall represent the individual schools located within its jurisdiction in any voluntary association of schools formed or maintained pursuant to this section. (d)No voluntary interscholastic athletic association, of which any public school is a member, shall discriminate against, or deny the benefits of any program to, any person on any basis prohibited by Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1. (e)Notwithstanding any other law, no voluntary interscholastic athletic association shall deny a school from participating in interscholastic athletic activities because of the religious tenets of the school, irrespective of whether that school is directly controlled by a religious organization. (f)Interscholastic athletics is defined as those policies, programs, and activities that are formulated or executed in conjunction with, or in contemplation of, athletic contests between two or more schools, either public or private.

Existing federal law, the Child Care and Development Block Grant Act of 1990, which is administered by the State Department of Education in California, requires that a state plan include requirements that specified child care providers receive minimum health and safety training relating to, among other things, the prevention and control of infectious diseases and the handling and storage of hazardous materials in order to receiving funding for child care. Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child day care facilities by the State Department of Social Services. Existing law, the Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer child care and development programs that offer a full range of services for eligible children from infancy to 13 years of age, including, among others, resource and referral programs, alternative payment programs, and family child care home education networks. This bill would, effective July 1, 2017, require a caregiver, as defined, to attend a one-time, two-hour training on occupational health and safety risks specific to the child care profession, and on how to identify and avoid those risks. The bill would require the State Department of Education, in consultation with the State Department of Public Health and child care caregivers, to develop the curriculum for the training, which is required to include, among other things, a discussion of specified risks, including chemical and biological hazards. The bill would also require the department to contract with an entity to provide the occupational health and safety training and to compensate a caregiver for his or her time for attending the training. Existing law provides that each school district governing board has general control of, and responsibility for, all aspects of the interscholastic athletic policies, programs, and activities in its district, as specified. Existing law authorizes school district governing boards to enter into associations or consortia with other school district governing boards for the purpose of governing regional or statewide interscholastic athletic programs, as specified. Existing law prohibits voluntary interscholastic athletic associations from discriminating against, or denying the benefits of any program to, any person on the basis of specified personal characteristics. Existing law also prohibits voluntary interscholastic athletic associations from denying a school from participation in interscholastic athletic activities because of the religious tenets of the school. This bill would make nonsubstantive changes to these provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Improving occupational health and safety in all lines of work is a priority for the State of California, and that focus should extend to child care caregivers. (b) Child care caregivers are at risk for occupational health and safety risks on the job, including from toxic chemicals, illness, stress, and physical hazards such as lifting and bending. According to the Bureau of Labor Statistics, child care workers have musculoskeletal injury rates comparable to those of industrial truck and tractor operators and construction equipment operators. (c) The federal Child Care and Development Block Grant Act of 1990 (CCDBG) (42 U.S.C. Sec. 9857 et. seq) was reauthorized in 2014 (Public Law 113-186). The changes to the CCDBG include a requirement that caregivers complete preservice or orientation training on topics including infectious disease prevention and control, building and physical premises safety, emergency preparedness and disaster response, and handling/storage of hazardous materials and disposal of biocontaminants. Requiring caregivers to complete occupational health and safety training will satisfy several of the new CCDBG health and safety requirements and will also help caregivers with child development permits satisfy the 105 hours of professional growth activities necessary to renew their permits. The training will also improve health and safety for caregivers and the children in their care, and will therefore benefit the families of the children served and the economy of the state. SEC. 2. Article 19.5 (commencing with Section 8430) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: Article 19.5. Child Care Caregiver Occupational Health and Safety Training Act 8430. This article may be known and cited as the Child Care Caregiver Occupational Health and Safety Training Act. 8431. As used in this article, the following terms have the following meanings: (a) “Caregivers” means licensed caregivers and license-exempt caregivers. (b) “Department” means the State Department of Education. (c) “Licensed caregiver” means a person who works directly with children and is a child care provider, an administrator, or an employee of a licensed child day care facility. (d) “License-exempt caregiver” means a person who works directly with children under a publicly funded child care program, and is a child care provider who is exempt from licensing requirements pursuant to Section 1596.792 of the Health and Safety Code, or the employee of such a child care provider, but excludes caregivers who are the relatives of the children they care for. (e) “Publicly funded child care program” means a program administered by the State Department of Education, the State Department of Social Services, or another department, agency, or political subdivision of the state, including, but not limited to, child care voucher programs, the California State Preschool Program, child care center contracts and programs established subsequent to the passage of this article, to subsidize early learning and care for children, but not including the public education system. 8432. (a) A caregiver shall attend a one-time, two-hour training on occupational health and safety risks specific to the child care profession, and on how to identify and avoid those risks. (b) A caregiver shall be required to complete this training within two years of when the training is first offered pursuant to this act, or within three months of the caregiver beginning to care for children in a licensed child day care facility, whichever occurs later. (c) The training shall include all of the following: (1) A discussion of all of the following risks and how the risks can be identified and minimized in a child care setting: (A) Chemical and biological hazards. (B) Infectious disease. (C) Physical hazards and stress. (2) Small-group and large-group discussion. (3) An opportunity for a caregiver to learn from current child care professionals. (4) Presentations by associations or organizations of child care caregivers about their professional development offerings for caregivers, upon approval by the department. (5) An opportunity for a caregiver to give feedback on the training he or she has received. (d) The State Department of Education shall, in consultation with the State Department of Public Health and child care caregivers, develop the curriculum for the training. (e) The department shall compensate a caregiver for his or her time for attending the training established in this article. (f) The department shall contract with an entity to provide the occupational health and safety training required in this article throughout the state. Based on a competitive process, the department shall select an entity that meets all of the following requirements: (1) Has experience providing occupational health and safety trainings, as described in this article, to caregivers. (2) Trains caregivers to give the training required by this article to other caregivers. (3) Will provide periodic updates on health and safety matters to caregivers who have completed the training. (g) The department shall, on a monthly basis, provide lists of the caregivers who have attended the training and of those who are required to attend the training, but have not yet attended, and their contact information, to the entity selected to provide the training, to enable the entity to provide periodic updates to affected caregivers on health and safety issues and other educational information. (h) The department and the entity it selects to provide the training shall comply with the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code), which includes, among alternative communication options, providing the same type of training materials in any non-English language spoken by a substantial number of members of the public whom the department serves. 8433. This article shall take effect July 1, 2017. SECTION 1. Section 35179 of the Education Code is amended to read: 35179. (a)Each school district governing board shall have general control of, and be responsible for, all aspects of the interscholastic athletic policies, programs, and activities in its district, including, but not necessarily limited to, eligibility, season of sport, number of sports, personnel, and sports facilities. In addition, the school district governing board shall ensure that all interscholastic policies, programs, and activities in its district are in compliance with state and federal law. (b)School district governing boards may enter into associations or consortia with other school district governing boards for the purpose of governing regional or statewide interscholastic athletic programs by permitting the public schools under their jurisdictions to enter into a voluntary association with other schools for the purpose of enacting and enforcing rules relating to eligibility for, and participation in, interscholastic athletic programs among and between schools. (c)Each school district governing board, or its designee, shall represent the individual schools located within its jurisdiction in any voluntary association of schools formed or maintained pursuant to this section. (d)No voluntary interscholastic athletic association, of which any public school is a member, shall discriminate against, or deny the benefits of any program to, any person on any basis prohibited by Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1. (e)Notwithstanding any other law, no voluntary interscholastic athletic association shall deny a school from participating in interscholastic athletic activities because of the religious tenets of the school, irrespective of whether that school is directly controlled by a religious organization. (f)Interscholastic athletics is defined as those policies, programs, and activities that are formulated or executed in conjunction with, or in contemplation of, athletic contests between two or more schools, either public or private. ### Summary: This bill would amend the Education Code to require the State Department of Education to develop and implement a training program for child care caregivers on occupational health and safety risks specific

The people of the State of California do enact as follows: SECTION 1. Section 799 of the Public Utilities Code is amended to read: 799. (a) With respect to all taxes enacted by any local jurisdiction, including any city, county, or city and county, including a chartered city or county, any district, including an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries, or any public or municipal corporation, and imposed on the customers of public utilities or other service suppliers, which taxes have been collected by the public utilities and other service suppliers and remitted to the local jurisdiction all of the following shall apply: (1) The public utility or other service supplier shall have no duty to independently investigate or inquire with the local jurisdiction concerning the validity of the tax ordinance. (2) In connection with any actions or claims relating to or arising from the invalidity of the tax ordinance, in whole or in part, the public utility or other service supplier shall not be liable to any customer as a consequence of collecting the tax. (3) In the event a local jurisdiction is ordered to refund the tax, it shall be the sole responsibility of the local jurisdiction to refund the tax. Unless a public utility or other service supplier is reimbursed by the local jurisdiction for the actual cost of assisting the local jurisdiction, including, but not limited to, calculating or verifying refunds, distributing refunds, providing data, or providing data processing assistance, the public utility or other service supplier shall not be required to assist the local jurisdiction to refund the tax, including, but not limited to, calculating or verifying refunds, distributing refunds, providing data, or providing data processing assistance. (4) In any action seeking to enjoin collection of taxes imposed on customers of utilities or other service suppliers and collected by the utilities or other service suppliers, in any action seeking declaratory relief concerning the taxes, in any action seeking a refund of the taxes, or in any action seeking otherwise to invalidate the taxes, the sole necessary party defendant in the action shall be the local jurisdiction on whose behalf the taxes are collected and the public utility or other service supplier collecting the taxes shall not be named as a party in the action. (5) If a local jurisdiction repeals the tax, reduces an existing tax rate, changes the tax base, or makes any other changes to the tax that would affect the collection and remittance of the tax, the local jurisdiction shall submit, on and after the effective date of the enactment of the change, a written notification and supply all requisite information to the public utility or service supplier, in accordance with the procedures established by the public utility or service supplier. The public utility or other service supplier shall not be required to implement the changes any earlier than 60 days from the date on which the public utility or other service provider receives the written notification and all other information required by the public utility or other service supplier. If the 60th day is not the first day of a month, then the public utility or other service provider shall implement the changes on the first day of the month following the month in which the 60th day occurs. (6) If a local jurisdiction adopts a new tax, the local jurisdiction shall submit, on and after the effective date of the adoption of the new tax, a written notification to the public utility or other service supplier, in accordance with procedures established by the public utility or other service supplier, requesting that the tax be collected. The public utility or other service supplier shall not be required to begin collecting the tax any earlier than 90 days from the date on which the public utility or other service provider receives written notification and all other information required by the public utility or other service supplier. If the 90th day is not the first day of a month, then the public utility or other service provider shall begin the tax collection on the first day of the month following the month in which the 90th day occurs. Nothing in this section shall be construed to prevent the public utility or other service provider from beginning the tax collection at an earlier date. (b) For purposes of this section, “other service supplier” shall include, but not be limited to, a holder of a state franchise issued pursuant to Section 5840. (c) The Legislature finds and declares that the limitations imposed by this section constitute an issue of statewide concern. The Legislature further finds and declares that the limitations imposed by this section are not municipal affairs as that term is used in Article XI of the California Constitution. Therefore, it is the intent of the Legislature that the limitations imposed by this section apply to all cities, counties, and cities and counties, including chartered cities and chartered counties, any district, including an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries, and any public or municipal corporation. SEC. 2. The amendment of Section 799 of the Public Utilities Code made by this act does not constitute a change in, but is declaratory of, existing law.

Under existing law, a public utility is required to bill its customers for various taxes imposed by a public entity and remit the revenues from those taxes that are collected to the public entity. The Public Utilities Act provides that a public utility or other service supplier is not liable to any customer as a result of collecting these taxes, and grants various rights to, and imposes various requirements on, public utilities and other service suppliers with respect to the imposition, repeal, or collection of the taxes. Existing law, the Digital Infrastructure and Video Competition Act of 2006, establishes a procedure for the issuance of state franchises for the provision of video service, defined to include cable service and open-video systems, administered by the Public Utilities Commission. This bill would explicitly define the term “other service supplier” for the purpose of those provisions to include, but not be limited to, a holder of a state franchise for the provision of video service.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 799 of the Public Utilities Code is amended to read: 799. (a) With respect to all taxes enacted by any local jurisdiction, including any city, county, or city and county, including a chartered city or county, any district, including an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries, or any public or municipal corporation, and imposed on the customers of public utilities or other service suppliers, which taxes have been collected by the public utilities and other service suppliers and remitted to the local jurisdiction all of the following shall apply: (1) The public utility or other service supplier shall have no duty to independently investigate or inquire with the local jurisdiction concerning the validity of the tax ordinance. (2) In connection with any actions or claims relating to or arising from the invalidity of the tax ordinance, in whole or in part, the public utility or other service supplier shall not be liable to any customer as a consequence of collecting the tax. (3) In the event a local jurisdiction is ordered to refund the tax, it shall be the sole responsibility of the local jurisdiction to refund the tax. Unless a public utility or other service supplier is reimbursed by the local jurisdiction for the actual cost of assisting the local jurisdiction, including, but not limited to, calculating or verifying refunds, distributing refunds, providing data, or providing data processing assistance, the public utility or other service supplier shall not be required to assist the local jurisdiction to refund the tax, including, but not limited to, calculating or verifying refunds, distributing refunds, providing data, or providing data processing assistance. (4) In any action seeking to enjoin collection of taxes imposed on customers of utilities or other service suppliers and collected by the utilities or other service suppliers, in any action seeking declaratory relief concerning the taxes, in any action seeking a refund of the taxes, or in any action seeking otherwise to invalidate the taxes, the sole necessary party defendant in the action shall be the local jurisdiction on whose behalf the taxes are collected and the public utility or other service supplier collecting the taxes shall not be named as a party in the action. (5) If a local jurisdiction repeals the tax, reduces an existing tax rate, changes the tax base, or makes any other changes to the tax that would affect the collection and remittance of the tax, the local jurisdiction shall submit, on and after the effective date of the enactment of the change, a written notification and supply all requisite information to the public utility or service supplier, in accordance with the procedures established by the public utility or service supplier. The public utility or other service supplier shall not be required to implement the changes any earlier than 60 days from the date on which the public utility or other service provider receives the written notification and all other information required by the public utility or other service supplier. If the 60th day is not the first day of a month, then the public utility or other service provider shall implement the changes on the first day of the month following the month in which the 60th day occurs. (6) If a local jurisdiction adopts a new tax, the local jurisdiction shall submit, on and after the effective date of the adoption of the new tax, a written notification to the public utility or other service supplier, in accordance with procedures established by the public utility or other service supplier, requesting that the tax be collected. The public utility or other service supplier shall not be required to begin collecting the tax any earlier than 90 days from the date on which the public utility or other service provider receives written notification and all other information required by the public utility or other service supplier. If the 90th day is not the first day of a month, then the public utility or other service provider shall begin the tax collection on the first day of the month following the month in which the 90th day occurs. Nothing in this section shall be construed to prevent the public utility or other service provider from beginning the tax collection at an earlier date. (b) For purposes of this section, “other service supplier” shall include, but not be limited to, a holder of a state franchise issued pursuant to Section 5840. (c) The Legislature finds and declares that the limitations imposed by this section constitute an issue of statewide concern. The Legislature further finds and declares that the limitations imposed by this section are not municipal affairs as that term is used in Article XI of the California Constitution. Therefore, it is the intent of the Legislature that the limitations imposed by this section apply to all cities, counties, and cities and counties, including chartered cities and chartered counties, any district, including an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries, and any public or municipal corporation. SEC. 2. The amendment of Section 799 of the Public Utilities Code made by this act does not constitute a change in, but is declaratory of, existing law. ### Summary: This bill amends Section 799 of the Public Utilities Code to clarify that the public utility or other service supplier shall not be liable to any customer as a

The people of the State of California do enact as follows: SECTION 1. Section 54953 of the Government Code is amended to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), when a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and that number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (4) This subdivision shall remain in effect only until January 1, 2018. SEC. 2. The Legislature finds and declares that Section 1 of this act, which amends Section 54953 of 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: This act ensures that more Californians can meaningfully participate in the meetings of legislative bodies of local agencies. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district 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.

The Ralph M. Brown Act requires that all meetings of a legislative body of a local agency be open and public, except that closed sessions may be held under prescribed circumstances. Existing law authorizes the legislative body to hold a closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee, but generally prohibits the closed session from including discussion or action on proposed compensation. Existing law authorizes the legislative body to hold a closed session with the local agency’s designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, but prohibits the closed session from including final action on the proposed compensation of one or more unrepresented employees. Existing law prohibits the legislative body from calling a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined. This bill, prior to taking final action, would require the legislative body to orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive during the open meeting in which the final action is to be taken. By imposing new requirements on cities, counties, cities and counties, and special districts, this bill 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 the constitutional requirements relating to this purpose. 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.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 54953 of the Government Code is amended to read: 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), when a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and that number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (4) This subdivision shall remain in effect only until January 1, 2018. SEC. 2. The Legislature finds and declares that Section 1 of this act, which amends Section 54953 of 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: This act ensures that more Californians can meaningfully participate in the meetings of legislative bodies of local agencies. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district 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. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) While ensuring that quality education for all of California’s schoolchildren is a shared responsibility of the general public, it is foremost the duty of individual parents. (b) Providing tax relief for citizens who shoulder an extra weight in pursuit of the common good has long been considered sound public policy. (c) Every school year, kindergarten and grades 1 to 12, inclusive, parents across California pay at their own expense to obtain vital educational resources and services that are essential to those children entrusted to their parents’ care. (d) Financial pressures weighing upon California families have also made it difficult to ensure for their children a quality elementary and secondary education while at the same time generating funds for college. (e) State education tax relief can help empower and engage low- and middle-income families in personally caring for their own schoolchildren’s kindergarten through high school learning needs and generate funds for college. SEC. 2. Section 17072 of the Revenue and Taxation Code is amended to read: 17072. (a) Section 62 of the Internal Revenue Code, relating to adjusted gross income defined, shall apply, except as otherwise provided. (b) Section 62(a)(2)(D) of the Internal Revenue Code, relating to certain expenses of elementary and secondary school teachers, shall not apply. (c) Section 62(a)(21) of the Internal Revenue Code, relating to attorneys fees relating to awards to whistleblowers, shall not apply. (d) Section 62(a) of the Internal Revenue Code is modified to provide that the deduction under Section 17208 shall be allowed in determining adjusted gross income. (e) Section 62(a) of the Internal Revenue Code is modified to provide that the deduction under Section 17208.2 shall be allowed in determining adjusted gross income. SEC. 3. Section 17208 is added to the Revenue and Taxation Code, to read: 17208. (a) Notwithstanding any other provision of this part or Part 11 (commencing with Section 23001) to the contrary, for each taxable year beginning on or after January 1, 2016, and before January 1, 2021, a deduction shall be allowed for an amount contributed by a taxpayer during the taxable year to a Coverdell education savings account, not to exceed seven hundred fifty dollars ($750) per taxable year, except as otherwise provided in this section. (b) For purposes of this section, “Coverdell education savings account” shall have the same meaning as that term is defined by Section 530 of the Internal Revenue Code, as modified by Section 23712. (c) For purposes of applying Section 530 of the Internal Revenue Code, relating to Coverdell education savings accounts, the basis of the Coverdell education savings account shall be reduced by any amount deducted pursuant to this section. (d) This section shall be repealed on December 1, 2021. SEC. 4. Section 17208.2 is added to the Revenue and Taxation Code, to read: 17208.2. (a) For each taxable year beginning on or after January 1, 2016, and before January 1, 2021, there shall be allowed as a deduction an amount equal to the qualified amount that was paid or incurred for qualified education-related expenses for one or more dependent children by a qualified taxpayer during the taxable year. (b) For the purposes of this section, the following definitions shall apply: (1) “Dependent children” means one or more children, as defined in Section 152(f)(1) of the Internal Revenue Code, relating to child defined, who meet all of the following requirements: (A) Attend kindergarten or any of grades 1 to 12, inclusive, in California at a public, charter, or private school that has a current private school affidavit on file with the State Department of Education in the taxable year. (B) Are deemed a full-time pupil in accordance with the compulsory education requirements of Sections 48200 or 48222 of the Education Code. (C) Are under 21 years of age at the end of the school year. (D) Meet the requirements of Section 152(c)(1)(D) and (E) of the Internal Revenue Code. (E) Are claimed as the dependent children on the original, timely filed return of the qualified taxpayer. (2) “Qualified amount” means the amount paid or incurred for qualified education-related expenses, not to exceed the amount specified in subdivision (c). (3) (A) “Qualified education-related expenses” means the kindergarten or any of grades 1 to 12, inclusive, costs of any of the following: the rental or purchase of educational equipment required for classes during the regular school day; computers, computer hardware, and educational computer software used to learn academic subjects; fees for college courses at public institutions or independent nonprofit colleges, or for summer school courses that satisfy high school graduation requirements; psychoeducational diagnostic evaluations to assess the cognitive and academic abilities of dependent children; special education and related services for dependent children who have an individualized education program or its equivalent; out-of-school enrichment programs, tutoring, and summer programs that are academic in nature; and public transportation or third-party transportation expenses for traveling directly to and from school. (B) “Qualified education-related expenses” shall not include any expenses for the items described in subparagraph (A) that also are used in a trade or business. (4) “Qualified taxpayer” means a parent or legal guardian of one or more dependent children who meet all of the following requirements: (A) Both the dependent children and the parent or guardian reside in California when the qualified education-related expenses are paid or incurred. (B) (i) The household income does not exceed 250 percent of the federal Income Eligibility Guidelines published by the Food and Nutrition Service of the United States Department of Agriculture for use in determining eligibility for reduced price meals. (ii) “Household income” means adjusted gross income as defined in Section 62 of the Internal Revenue Code. (c) The total deduction allowed under this section to a qualified taxpayer shall not exceed two thousand five hundred dollars ($2,500) in a taxable year. If more than one qualified taxpayer may be allowed this deduction for dependent children, including a qualified taxpayer filing a joint return, the sum of all deductions allowed under this section for those dependent children shall not exceed two thousand five hundred dollars ($2,500) in a taxable year. (d) (1) The Franchise Tax Board may prescribe rules, standards, criteria, guidelines, procedures, determinations, or notices necessary or appropriate to carry out the purposes of this section. (2) The Administrative Procedure Act (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, standard, criterion, guideline, procedure, determination, or notice established or issued by the Franchise Tax Board pursuant to this section. (e) This section shall be repealed on December 1, 2021. SEC. 5. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect.

The Personal Income Tax Law, in modified conformity with federal income tax laws, allows various deductions from gross income in computing adjusted gross income under that law, including deductions for payments to individual retirement accounts, alimony payments, and interest on educational loans. This bill, for taxable years beginning on or after January 1, 2016, and before January 1, 2021, would allow a deduction in computing adjusted gross income for those amounts contributed to a Coverdell education savings account, up to $750 per taxable year, as provided. The bill, for taxable years beginning on or after January 1, 2016, and before January 1, 2021, would also allow a deduction in computing adjusted gross income, not to exceed $2,500, for the cost of education-related expenses of the taxpayer’s dependent child or children attending public or private school, as specified. This bill would take effect immediately as a tax levy.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) While ensuring that quality education for all of California’s schoolchildren is a shared responsibility of the general public, it is foremost the duty of individual parents. (b) Providing tax relief for citizens who shoulder an extra weight in pursuit of the common good has long been considered sound public policy. (c) Every school year, kindergarten and grades 1 to 12, inclusive, parents across California pay at their own expense to obtain vital educational resources and services that are essential to those children entrusted to their parents’ care. (d) Financial pressures weighing upon California families have also made it difficult to ensure for their children a quality elementary and secondary education while at the same time generating funds for college. (e) State education tax relief can help empower and engage low- and middle-income families in personally caring for their own schoolchildren’s kindergarten through high school learning needs and generate funds for college. SEC. 2. Section 17072 of the Revenue and Taxation Code is amended to read: 17072. (a) Section 62 of the Internal Revenue Code, relating to adjusted gross income defined, shall apply, except as otherwise provided. (b) Section 62(a)(2)(D) of the Internal Revenue Code, relating to certain expenses of elementary and secondary school teachers, shall not apply. (c) Section 62(a)(21) of the Internal Revenue Code, relating to attorneys fees relating to awards to whistleblowers, shall not apply. (d) Section 62(a) of the Internal Revenue Code is modified to provide that the deduction under Section 17208 shall be allowed in determining adjusted gross income. (e) Section 62(a) of the Internal Revenue Code is modified to provide that the deduction under Section 17208.2 shall be allowed in determining adjusted gross income. SEC. 3. Section 17208 is added to the Revenue and Taxation Code, to read: 17208. (a) Notwithstanding any other provision of this part or Part 11 (commencing with Section 23001) to the contrary, for each taxable year beginning on or after January 1, 2016, and before January 1, 2021, a deduction shall be allowed for an amount contributed by a taxpayer during the taxable year to a Coverdell education savings account, not to exceed seven hundred fifty dollars ($750) per taxable year, except as otherwise provided in this section. (b) For purposes of this section, “Coverdell education savings account” shall have the same meaning as that term is defined by Section 530 of the Internal Revenue Code, as modified by Section 23712. (c) For purposes of applying Section 530 of the Internal Revenue Code, relating to Coverdell education savings accounts, the basis of the Coverdell education savings account shall be reduced by any amount deducted pursuant to this section. (d) This section shall be repealed on December 1, 2021. SEC. 4. Section 17208.2 is added to the Revenue and Taxation Code, to read: 17208.2. (a) For each taxable year beginning on or after January 1, 2016, and before January 1, 2021, there shall be allowed as a deduction an amount equal to the qualified amount that was paid or incurred for qualified education-related expenses for one or more dependent children by a qualified taxpayer during the taxable year. (b) For the purposes of this section, the following definitions shall apply: (1) “Dependent children” means one or more children, as defined in Section 152(f)(1) of the Internal Revenue Code, relating to child defined, who meet all of the following requirements: (A) Attend kindergarten or any of grades 1 to 12, inclusive, in California at a public, charter, or private school that has a current private school affidavit on file with the State Department of Education in the taxable year. (B) Are deemed a full-time pupil in accordance with the compulsory education requirements of Sections 48200 or 48222 of the Education Code. (C) Are under 21 years of age at the end of the school year. (D) Meet the requirements of Section 152(c)(1)(D) and (E) of the Internal Revenue Code. (E) Are claimed as the dependent children on the original, timely filed return of the qualified taxpayer. (2) “Qualified amount” means the amount paid or incurred for qualified education-related expenses, not to exceed the amount specified in subdivision (c). (3) (A) “Qualified education-related expenses” means the kindergarten or any of grades 1 to 12, inclusive, costs of any of the following: the rental or purchase of educational equipment required for classes during the regular school day; computers, computer hardware, and educational computer software used to learn academic subjects; fees for college courses at public institutions or independent nonprofit colleges, or for summer school courses that satisfy high school graduation requirements; psychoeducational diagnostic evaluations to assess the cognitive and academic abilities of dependent children; special education and related services for dependent children who have an individualized education program or its equivalent; out-of-school enrichment programs, tutoring, and summer programs that are academic in nature; and public transportation or third-party transportation expenses for traveling directly to and from school. (B) “Qualified education-related expenses” shall not include any expenses for the items described in subparagraph (A) that also are used in a trade or business. (4) “Qualified taxpayer” means a parent or legal guardian of one or more dependent children who meet all of the following requirements: (A) Both the dependent children and the parent or guardian reside in California when the qualified education-related expenses are paid or incurred. (B) (i) The household income does not exceed 250 percent of the federal Income Eligibility Guidelines published by the Food and Nutrition Service of the United States Department of Agriculture for use in determining eligibility for reduced price meals. (ii) “Household income” means adjusted gross income as defined in Section 62 of the Internal Revenue Code. (c) The total deduction allowed under this section to a qualified taxpayer shall not exceed two thousand five hundred dollars ($2,500) in a taxable year. If more than one qualified taxpayer may be allowed this deduction for dependent children, including a qualified taxpayer filing a joint return, the sum of all deductions allowed under this section for those dependent children shall not exceed two thousand five hundred dollars ($2,500) in a taxable year. (d) (1) The Franchise Tax Board may prescribe rules, standards, criteria, guidelines, procedures, determinations, or notices necessary or appropriate to carry out the purposes of this section. (2) The Administrative Procedure Act (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, standard, criterion, guideline, procedure, determination, or notice established or issued by the Franchise Tax Board pursuant to this section. (e) This section shall be repealed on December 1, 2021. SEC. 5. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect. ### Summary: This text provides a tax deduction for parents who pay for their children’s education. ### Instruction: Summary this text ### Text: The people

The people of the State of California do enact as follows: 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 storage project” means a project described in subdivision (a) of Section 79751 of the Water Code and 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 storage project or the granting of any approvals for a water storage project. (c) On or before July 1, 2017, 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 storage 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 370 days of certification of the record of proceedings pursuant to subdivision (e). (d) (1) The draft and final environmental impact report for a water storage 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 or oral 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 may 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 shall 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 those comments available to the public in a readily accessible electronic format within five days of their 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) Subdivisions (d) and (e) do not apply to a project for which an environmental review pursuant to this division has commenced before January 1, 2017. (g) (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 storage project unless the court finds either of the following: (i) The continued construction or operation of the water storage project presents an imminent threat to the public health and safety. (ii) The water storage 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 storage project unless the court stays or enjoins the construction or operation of the water storage project. (B) If the court finds that clause (i) or (ii) of subparagraph (A) is satisfied, the court shall only enjoin those specific activities associated with the water storage 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 this chapter. 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.

(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 at the November 4, 2014, statewide general election, authorizes the issuance of bonds pursuant to the State General Obligation Bond Law to finance a water quality, supply, and infrastructure improvement program. This bill would require a lead agency, in certifying the environmental impact report and in granting approvals for certain water storage projects funded, in whole or in part, by Proposition 1, 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 authorize the lead agency to concurrently prepare the record of proceedings for the project. The bill would require the Judicial Council, on or before July 1, 2017, to adopt a rule of court to establish procedures applicable to actions or proceedings seeking judicial review of a lead agency’s action in certifying the environmental impact report and in granting approval for those projects that require the actions or proceedings, including any appeals therefrom, be resolved, to the extent feasible, within 370 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.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: 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 storage project” means a project described in subdivision (a) of Section 79751 of the Water Code and 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 storage project or the granting of any approvals for a water storage project. (c) On or before July 1, 2017, 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 storage 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 370 days of certification of the record of proceedings pursuant to subdivision (e). (d) (1) The draft and final environmental impact report for a water storage 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 or oral 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 may 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 shall 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 those comments available to the public in a readily accessible electronic format within five days of their 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) Subdivisions (d) and (e) do not apply to a project for which an environmental review pursuant to this division has commenced before January 1, 2017. (g) (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 storage project unless the court finds either of the following: (i) The continued construction or operation of the water storage project presents an imminent threat to the public health and safety. (ii) The water storage 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 storage project unless the court stays or enjoins the construction or operation of the water storage project. (B) If the court finds that clause (i) or (ii) of subparagraph (A) is satisfied, the court shall only enjoin those specific activities associated with the water storage 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 this chapter. 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. ### Summary: This bill amends the Public Resources Code to require the Judicial Council to adopt a rule of court to establish procedures applicable to actions or proceedings brought to attack, review,

The people of the State of California do enact as follows: SECTION 1. Section 32310 of the Penal Code is amended to read: 32310. (a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (b) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired, is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) upon the first offense, by a fine not to exceed two hundred fifty dollars ($250) upon the second offense, and by a fine not to exceed five hundred dollars ($500) upon the third or subsequent offense. (c) A person who, prior to July 1, 2017, legally possesses a large-capacity magazine shall dispose of that magazine by any of the following means: (1) Remove the large-capacity magazine from the state. (2) Prior to July 1, 2017, sell the large-capacity magazine to a licensed firearms dealer. (3) Destroy the large-capacity magazine. (4) Surrender the large-capacity magazine to a law enforcement agency for destruction. (d) For purposes of this section, “manufacturing” includes both fabricating a magazine and assembling a magazine from a combination of parts, including, but not limited to, the body, spring, follower, and floor plate or end plate, to be a fully functioning large-capacity magazine. (e) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of this code shall not be punished under more than one provision. SEC. 2. Section 32400 of the Penal Code is amended to read: 32400. Section 32310 does not apply to the sale of, giving of, lending of, possession of, importation into this state of, or purchase of, any large-capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties. SEC. 3. Section 32405 of the Penal Code is amended to read: 32405. Section 32310 does not apply to the sale to, lending to, transfer to, purchase by, receipt of, possession of, or importation into this state of, a large-capacity magazine by a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or a sworn federal law enforcement officer who is authorized to carry a firearm in the course and scope of that officer’s duties. SEC. 4. Section 32406 is added to the Penal Code, to read: 32406. Subdivisions (b) and (c) of Section 32310 do not apply to the following: (a) An individual who honorably retired from being a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or an individual who honorably retired from being a sworn federal law enforcement officer, who was authorized to carry a firearm in the course and scope of that officer’s duties. For purposes of this section, “honorably retired” has the same meaning as provided in Section 16690. (b) A federal, state, or local historical society, museum or institutional society, or museum or institutional collection, that is open to the public, provided that the large-capacity magazine is unloaded, properly housed within secured premises, and secured from unauthorized handling. (c) A person who finds a large-capacity magazine, if the person is not prohibited from possessing firearms or ammunition, and possessed it no longer than necessary to deliver or transport it to the nearest law enforcement agency. (d) A forensic laboratory, or an authorized agent or employee thereof in the course and scope of his or her authorized activities. (e) The receipt or disposition of a large-capacity magazine by a trustee of a trust, or an executor or administrator of an estate, including an estate that is subject to probate, that includes a large-capacity magazine. (f) A person lawfully in possession of a firearm that the person obtained prior to January 1, 2000, if no magazine that holds 10 or fewer rounds of ammunition is compatible with that firearm and the person possesses the large-capacity magazine solely for use with that firearm. SEC. 5. Section 32410 of the Penal Code is amended to read: 32410. Section 32310 does not apply to the possession, sale, or purchase of any large-capacity magazine to or by a person licensed pursuant to Sections 26700 to 26915, inclusive. SEC. 6. Section 32420 of the Penal Code is repealed. SEC. 7. Section 32425 of the Penal Code is amended to read: 32425. Section 32310 does not apply to either of the following: (a) The lending or giving of any large-capacity magazine to, or possession of that magazine by, a person licensed pursuant to Sections 26700 to 26915, inclusive, or to a gunsmith, for the purposes of maintenance, repair, or modification of that large-capacity magazine. (b) The return to its owner of any large-capacity magazine by a person specified in subdivision (a). SEC. 8. Section 32430 of the Penal Code is amended to read: 32430. Section 32310 does not apply to the possession of, importation into this state of, or sale of, any large-capacity magazine by a person who has been issued a permit to engage in those activities pursuant to Section 32315, when those activities are in accordance with the terms and conditions of that permit. SEC. 9. Section 32435 of the Penal Code is amended to read: 32435. Section 32310 does not apply to any of the following: (a) The sale of, giving of, lending of, possession of, importation into this state of, or purchase of, any large-capacity magazine, to or by any entity that operates an armored vehicle business pursuant to the laws of this state. (b) The lending of large-capacity magazines by an entity specified in subdivision (a) to its authorized employees, and the possession of those large-capacity magazines by those authorized employees, while in the course and scope of employment for purposes that pertain to the entity’s armored vehicle business. (c) The return of those large-capacity magazines to the entity specified in subdivision (a) by those employees specified in subdivision (b). SEC. 10. Section 32450 of the Penal Code is amended to read: 32450. Section 32310 does not apply to the purchase or possession of a large-capacity magazine by the holder of a special weapons permit issued pursuant to Section 31000, 32650, or 33300, or pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of this division, for any of the following purposes: (a) For use solely as a prop for a motion picture, television, or video production. (b) For export pursuant to federal regulations. (c) For resale to law enforcement agencies, government agencies, or the military, pursuant to applicable federal regulations. SEC. 11. 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 prohibits the sale, gift, and loan of a large-capacity magazine. A violation of this prohibition is punishable as a misdemeanor with specified penalties or as a felony. This bill would, commencing July 1, 2017, make it an infraction punishable by a fine not to exceed $100 for the first offense, by a fine not to exceed $250 for the 2nd offense, and by a fine not to exceed $500 for the 3rd or subsequent offense, for a person to possess any large-capacity magazine, regardless of the date the magazine was acquired. The bill would require a person in lawful possession of a large-capacity magazine prior to July 1, 2017, to dispose of the magazine, as provided. By creating a new crime, this bill would impose a state-mandated local program. (2) Existing law creates various exceptions to the crime described in paragraph (1) above, which include, but are not limited to, the sale of, giving of, lending of, importation into this state of, or purchase of, any large-capacity magazine to or by the holder of a special weapons permit for use as a prop for a motion picture, or any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties. This bill would make conforming changes to those exceptions by including possession of a large-capacity magazine in those provisions and would establish additional exceptions to the crime described in paragraph (1) above, including exceptions to allow licensed gunsmiths and honorably retired sworn peace officers to possess a large-capacity magazine. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 32310 of the Penal Code is amended to read: 32310. (a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (b) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing July 1, 2017, any person in this state who possesses any large-capacity magazine, regardless of the date the magazine was acquired, is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) upon the first offense, by a fine not to exceed two hundred fifty dollars ($250) upon the second offense, and by a fine not to exceed five hundred dollars ($500) upon the third or subsequent offense. (c) A person who, prior to July 1, 2017, legally possesses a large-capacity magazine shall dispose of that magazine by any of the following means: (1) Remove the large-capacity magazine from the state. (2) Prior to July 1, 2017, sell the large-capacity magazine to a licensed firearms dealer. (3) Destroy the large-capacity magazine. (4) Surrender the large-capacity magazine to a law enforcement agency for destruction. (d) For purposes of this section, “manufacturing” includes both fabricating a magazine and assembling a magazine from a combination of parts, including, but not limited to, the body, spring, follower, and floor plate or end plate, to be a fully functioning large-capacity magazine. (e) The provisions of this section are cumulative and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of this code shall not be punished under more than one provision. SEC. 2. Section 32400 of the Penal Code is amended to read: 32400. Section 32310 does not apply to the sale of, giving of, lending of, possession of, importation into this state of, or purchase of, any large-capacity magazine to or by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law, for use by agency employees in the discharge of their official duties, whether on or off duty, and where the use is authorized by the agency and is within the course and scope of their duties. SEC. 3. Section 32405 of the Penal Code is amended to read: 32405. Section 32310 does not apply to the sale to, lending to, transfer to, purchase by, receipt of, possession of, or importation into this state of, a large-capacity magazine by a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or a sworn federal law enforcement officer who is authorized to carry a firearm in the course and scope of that officer’s duties. SEC. 4. Section 32406 is added to the Penal Code, to read: 32406. Subdivisions (b) and (c) of Section 32310 do not apply to the following: (a) An individual who honorably retired from being a sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or an individual who honorably retired from being a sworn federal law enforcement officer, who was authorized to carry a firearm in the course and scope of that officer’s duties. For purposes of this section, “honorably retired” has the same meaning as provided in Section 16690. (b) A federal, state, or local historical society, museum or institutional society, or museum or institutional collection, that is open to the public, provided that the large-capacity magazine is unloaded, properly housed within secured premises, and secured from unauthorized handling. (c) A person who finds a large-capacity magazine, if the person is not prohibited from possessing firearms or ammunition, and possessed it no longer than necessary to deliver or transport it to the nearest law enforcement agency. (d) A forensic laboratory, or an authorized agent or employee thereof in the course and scope of his or her authorized activities. (e) The receipt or disposition of a large-capacity magazine by a trustee of a trust, or an executor or administrator of an estate, including an estate that is subject to probate, that includes a large-capacity magazine. (f) A person lawfully in possession of a firearm that the person obtained prior to January 1, 2000, if no magazine that holds 10 or fewer rounds of ammunition is compatible with that firearm and the person possesses the large-capacity magazine solely for use with that firearm. SEC. 5. Section 32410 of the Penal Code is amended to read: 32410. Section 32310 does not apply to the possession, sale, or purchase of any large-capacity magazine to or by a person licensed pursuant to Sections 26700 to 26915, inclusive. SEC. 6. Section 32420 of the Penal Code is repealed. SEC. 7. Section 32425 of the Penal Code is amended to read: 32425. Section 32310 does not apply to either of the following: (a) The lending or giving of any large-capacity magazine to, or possession of that magazine by, a person licensed pursuant to Sections 26700 to 26915, inclusive, or to a gunsmith, for the purposes of maintenance, repair, or modification of that large-capacity magazine. (b) The return to its owner of any large-capacity magazine by a person specified in subdivision (a). SEC. 8. Section 32430 of the Penal Code is amended to read: 32430. Section 32310 does not apply to the possession of, importation into this state of, or sale of, any large-capacity magazine by a person who has been issued a permit to engage in those activities pursuant to Section 32315, when those activities are in accordance with the terms and conditions of that permit. SEC. 9. Section 32435 of the Penal Code is amended to read: 32435. Section 32310 does not apply to any of the following: (a) The sale of, giving of, lending of, possession of, importation into this state of, or purchase of, any large-capacity magazine, to or by any entity that operates an armored vehicle business pursuant to the laws of this state. (b) The lending of large-capacity magazines by an entity specified in subdivision (a) to its authorized employees, and the possession of those large-capacity magazines by those authorized employees, while in the course and scope of employment for purposes that pertain to the entity’s armored vehicle business. (c) The return of those large-capacity magazines to the entity specified in subdivision (a) by those employees specified in subdivision (b). SEC. 10. Section 32450 of the Penal Code is amended to read: 32450. Section 32310 does not apply to the purchase or possession of a large-capacity magazine by the holder of a special weapons permit issued pursuant to Section 31000, 32650, or 33300, or pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of this division, for any of the following purposes: (a) For use solely as a prop for a motion picture, television, or video production. (b) For export pursuant to federal regulations. (c) For resale to law enforcement agencies, government agencies, or the military, pursuant to applicable federal regulations. SEC. 11. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Chapter 9.6 (commencing with Section 4450) is added to Division 2 of the Business and Professions Code, to read: CHAPTER 9.6. Pharmacy Benefits Management 4450. For purposes of this chapter, the following definitions shall apply: (a) “Improper reimbursement” means a pharmacy benefit manager has requested and received reimbursement from a pharmacist or pharmacy in its network for the cost of a drug dispensed to a patient that was previously authorized and properly adjudicated, in violation of subdivision (a) of Section 4451. (b) “Pharmacist” or “pharmacy” has the same meaning as set forth in Chapter 9 (commencing with Section 4000), and is a person or entity located in this state that participates in the network of a pharmacy benefit manager. (c) “Pharmacy benefit manager” means an entity that performs pharmacy benefits management. (d) “Pharmacy benefits management” means the administration or management of prescription drug benefits, including, but not limited to, the procurement of prescription drugs at a negotiated rate for dispensation within this state, the processing of prescription drug claims, and the administration of payments related to prescription drug claims. (e) “Properly adjudicated” means the pharmacist or pharmacy was explicitly authorized by the pharmacy benefit manager to dispense a drug to a patient through its network, and the pharmacist or pharmacy was entitled to the payment that was provided, at that point in time, by the pharmacy benefit manager, pursuant to that authorization. (f) “Reimbursement” means the amount that was previously paid by a pharmacy benefit manager to a contracted pharmacist or pharmacy for the cost of a drug dispensed to a patient that was authorized to be dispensed as a covered drug and properly adjudicated. 4451. (a) Notwithstanding any other law, a pharmacy benefit manager is prohibited from requiring that a pharmacist or pharmacy provide reimbursement to the pharmacy benefit manager for the cost of any drug dispensed to a patient that was properly adjudicated, except upon a showing of fraud or malfeasance. (b) No contract entered into on or after January 1, 2017, between a pharmacy benefit manager and a pharmacist or pharmacy shall include a provision that conflicts with the prohibition set forth in subdivision (a). 4452. (a) Notwithstanding any other law, a pharmacy benefit manager that administers pharmacy benefits management in this state that has requested and received any improper reimbursements from a pharmacist or pharmacy pursuant to the prohibition set forth in subdivision (a) of Section 4451 shall refund that payment to the pharmacist or pharmacy. (b) Subdivision (a) shall apply only to those improper reimbursements that were received by the pharmacy benefit manager between January 1, 2012, and January 1, 2017. SECTION 1. Section 4001 of the Business and Professions Code is amended to read: 4001. (a)There is in the Department of Consumer Affairs a California State Board of Pharmacy in which the administration and enforcement of this chapter is vested. The board is composed of 13 members. (b)The Governor shall appoint seven competent pharmacists who reside in different parts of the state to serve as members of the board. The Governor shall appoint four public members, and the Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member who shall not be a licensee of the board, any other board under this division, or any board referred to in Section 1000 or 3600. (c)At least five of the seven pharmacist appointees to the board shall be pharmacists who are actively engaged in the practice of pharmacy. Additionally, the membership of the board shall include at least one pharmacist representative from each of the following practice settings: an acute care hospital, an independent community pharmacy, a chain community pharmacy, and a long-term health care or skilled nursing facility. The pharmacist appointees shall also include a pharmacist who is a member of a labor union that represents pharmacists. For the purposes of this subdivision, a “chain community pharmacy” means a chain of 75 or more stores in California under the same ownership, and an “independent community pharmacy” means a pharmacy owned by a person or entity who owns no more than four pharmacies in California. (d)Members of the board shall be appointed for a term of four years. No person shall serve as a member of the board for more than two consecutive terms. Each member shall hold office until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. Vacancies occurring shall be filled by appointment for the unexpired term. (e)Each member of the board shall receive a per diem and expenses as provided in Section 103. (f)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists and pharmacies by the California State Board of Pharmacy. Existing law imposes requirements on audits of pharmacy services provided to beneficiaries of a health benefit plan, as specified. This bill would prohibit a pharmacy benefit manager, as defined, from requiring that a pharmacist or pharmacy provide reimbursement to the pharmacy benefit manager for the cost of any drug dispensed to a patient that was properly adjudicated, as defined, except upon a showing of fraud or malfeasance. The bill would require any improper reimbursement made under those provisions during a specified 5-year period to be refunded to the pharmacist or pharmacy, as specified. The Pharmacy Law establishes in the Department of Consumer Affairs the California State Board of Pharmacy, which consists of 13 members. This bill would make a nonsubstantive change to these provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 9.6 (commencing with Section 4450) is added to Division 2 of the Business and Professions Code, to read: CHAPTER 9.6. Pharmacy Benefits Management 4450. For purposes of this chapter, the following definitions shall apply: (a) “Improper reimbursement” means a pharmacy benefit manager has requested and received reimbursement from a pharmacist or pharmacy in its network for the cost of a drug dispensed to a patient that was previously authorized and properly adjudicated, in violation of subdivision (a) of Section 4451. (b) “Pharmacist” or “pharmacy” has the same meaning as set forth in Chapter 9 (commencing with Section 4000), and is a person or entity located in this state that participates in the network of a pharmacy benefit manager. (c) “Pharmacy benefit manager” means an entity that performs pharmacy benefits management. (d) “Pharmacy benefits management” means the administration or management of prescription drug benefits, including, but not limited to, the procurement of prescription drugs at a negotiated rate for dispensation within this state, the processing of prescription drug claims, and the administration of payments related to prescription drug claims. (e) “Properly adjudicated” means the pharmacist or pharmacy was explicitly authorized by the pharmacy benefit manager to dispense a drug to a patient through its network, and the pharmacist or pharmacy was entitled to the payment that was provided, at that point in time, by the pharmacy benefit manager, pursuant to that authorization. (f) “Reimbursement” means the amount that was previously paid by a pharmacy benefit manager to a contracted pharmacist or pharmacy for the cost of a drug dispensed to a patient that was authorized to be dispensed as a covered drug and properly adjudicated. 4451. (a) Notwithstanding any other law, a pharmacy benefit manager is prohibited from requiring that a pharmacist or pharmacy provide reimbursement to the pharmacy benefit manager for the cost of any drug dispensed to a patient that was properly adjudicated, except upon a showing of fraud or malfeasance. (b) No contract entered into on or after January 1, 2017, between a pharmacy benefit manager and a pharmacist or pharmacy shall include a provision that conflicts with the prohibition set forth in subdivision (a). 4452. (a) Notwithstanding any other law, a pharmacy benefit manager that administers pharmacy benefits management in this state that has requested and received any improper reimbursements from a pharmacist or pharmacy pursuant to the prohibition set forth in subdivision (a) of Section 4451 shall refund that payment to the pharmacist or pharmacy. (b) Subdivision (a) shall apply only to those improper reimbursements that were received by the pharmacy benefit manager between January 1, 2012, and January 1, 2017. SECTION 1. Section 4001 of the Business and Professions Code is amended to read: 4001. (a)There is in the Department of Consumer Affairs a California State Board of Pharmacy in which the administration and enforcement of this chapter is vested. The board is composed of 13 members. (b)The Governor shall appoint seven competent pharmacists who reside in different parts of the state to serve as members of the board. The Governor shall appoint four public members, and the Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member who shall not be a licensee of the board, any other board under this division, or any board referred to in Section 1000 or 3600. (c)At least five of the seven pharmacist appointees to the board shall be pharmacists who are actively engaged in the practice of pharmacy. Additionally, the membership of the board shall include at least one pharmacist representative from each of the following practice settings: an acute care hospital, an independent community pharmacy, a chain community pharmacy, and a long-term health care or skilled nursing facility. The pharmacist appointees shall also include a pharmacist who is a member of a labor union that represents pharmacists. For the purposes of this subdivision, a “chain community pharmacy” means a chain of 75 or more stores in California under the same ownership, and an “independent community pharmacy” means a pharmacy owned by a person or entity who owns no more than four pharmacies in California. (d)Members of the board shall be appointed for a term of four years. No person shall serve as a member of the board for more than two consecutive terms. Each member shall hold office until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. Vacancies occurring shall be filled by appointment for the unexpired term. (e)Each member of the board shall receive a per diem and expenses as provided in Section 103. (f)This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 205.5 of the Revenue and Taxation Code is amended to read: 205.5. (a) Property that constitutes the principal place of residence of a veteran, that is owned by the veteran, the veteran’s spouse, or the veteran and the veteran’s spouse jointly, is exempted from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), if the veteran is blind in both eyes, has lost the use of two or more limbs, or if the veteran is totally disabled as a result of injury or disease incurred in military service. The one hundred thousand dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of an eligible veteran whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). (b) (1) For purposes of this section, “veteran” means either of the following: (A) A person who is serving in or has served in and has been discharged under other than dishonorable conditions from service in the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, and served either in time of war or in time of peace in a campaign or expedition for which a medal has been issued by Congress, or in time of peace and because of a service-connected disability was released from active duty, and who has been determined by the United States Department of Veterans Affairs to be eligible for federal veterans’ health and medical benefits. (B) Any person who would qualify as a veteran pursuant to subparagraph (A) except that he or she has, as a result of a service-connected injury or disease, died while on active duty in military service. The United States Department of Veterans Affairs shall determine whether an injury or disease is service connected. (2) For purposes of this section, property is deemed to be the principal place of residence of a veteran, disabled as described in subdivision (a), who is confined to a hospital or other care facility, if that property would be that veteran’s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For purposes of this paragraph, a family member who resides at the residence is not a third party. (c) (1) Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a deceased veteran is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of a veteran who was blind in both eyes, had lost the use of two or more limbs, or was totally disabled provided that either of the following conditions is met: (A) The deceased veteran during his or her lifetime qualified for the exemption pursuant to subdivision (a), or would have qualified for the exemption under the laws effective on January 1, 1977, except that the veteran died prior to January 1, 1977. (B) The veteran died from a disease that was service connected as determined by the United States Department of Veterans Affairs. The one hundred thousand dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). (2) Commencing with the 1994–95 fiscal year, property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a veteran as described in subparagraph (B) of paragraph (1) of subdivision (b) is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h). The one hundred thousand dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). (3) Beginning with the 2012–13 fiscal year and for each fiscal year thereafter, property is deemed to be the principal place of residence of the unmarried surviving spouse of a deceased veteran, who is confined to a hospital or other care facility, if that property would be the unmarried surviving spouse’s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For purposes of this paragraph, a family member who resides at the residence is not a third party. (d) As used in this section, “property that is owned by a veteran” or “property that is owned by the veteran’s unmarried surviving spouse” includes all of the following: (1) Property owned by the veteran with the veteran’s spouse as a joint tenancy, tenancy in common, or as community property. (2) Property owned by the veteran or the veteran’s spouse as separate property. (3) Property owned with one or more other persons to the extent of the interest owned by the veteran, the veteran’s spouse, or both the veteran and the veteran’s spouse. (4) Property owned by the veteran’s unmarried surviving spouse with one or more other persons to the extent of the interest owned by the veteran’s unmarried surviving spouse. (5) So much of the property of a corporation as constitutes the principal place of residence of a veteran or a veteran’s unmarried surviving spouse when the veteran, or the veteran’s spouse, or the veteran’s unmarried surviving spouse is a shareholder of the corporation and the rights of shareholding entitle one to the possession of property, legal title to which is owned by the corporation. The exemption provided by this paragraph shall be shown on the local roll and shall reduce the full value of the corporate property. Notwithstanding any law or articles of incorporation or bylaws of a corporation described in this paragraph, any reduction of property taxes paid by the corporation shall reflect an equal reduction in any charges by the corporation to the person who, by reason of qualifying for the exemption, made possible the reduction for the corporation. (e) For purposes of this section, being blind in both eyes means having a visual acuity of 5/200 or less, or concentric contraction of the visual field to 5 degrees or less; losing the use of a limb means that the limb has been amputated or its use has been lost by reason of ankylosis, progressive muscular dystrophies, or paralysis; and being totally disabled means that the United States Department of Veterans Affairs or the military service from which the veteran was discharged has rated the disability at 100 percent or has rated the disability compensation at 100 percent by reason of being unable to secure or follow a substantially gainful occupation. (f) An exemption granted to a claimant pursuant to this section shall be in lieu of the veteran’s exemption provided by subdivisions (o), (p), (q), and (r) of Section 3 of Article XIII of the California Constitution and any other real property tax exemption to which the claimant may be entitled. No other real property tax exemption may be granted to any other person with respect to the same residence for which an exemption has been granted pursuant to this section; provided, that if two or more veterans qualified pursuant to this section coown a property in which they reside, each is entitled to the exemption to the extent of his or her interest. (g) Commencing on January 1, 2002, and for each assessment year thereafter, the household income limit shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. (h) Commencing on January 1, 2006, and for each assessment year thereafter, the exemption amounts set forth in subdivisions (a) and (c) shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. (i) The amendments made to this section by the act adding this subdivision shall apply for property tax lien dates for the 2017–18 fiscal year and for each fiscal year thereafter. SEC. 2. Section 4831.1 is added to the Revenue and Taxation Code, to read: 4831.1. Notwithstanding any other law, corrections to the roll that relate to the disabled veterans’ exemption described in Section 205.5 may be corrected within eight years after the making of the assessment being corrected. SEC. 3. Section 5097 of the Revenue and Taxation Code is amended to read: 5097. (a) An order for a refund under this article shall not be made, except on a claim: (1) Verified by the person who paid the tax, his or her guardian, executor, or administrator. (2) Except as provided in paragraph (3) or (4), filed within four years after making the payment sought to be refunded, or within one year after the mailing of notice as prescribed in Section 2635, or the period agreed to as provided in Section 532.1, or within 60 days of the date of the notice prescribed by subdivision (a) of Section 4836, whichever is later. (3) (A) Filed within one year, if an application for a reduction in an assessment or an application for equalization of an assessment has been filed pursuant to Section 1603 and the applicant does not state in the application that the application is intended to constitute a claim for a refund, of either of the following events, whichever occurs first: (i) After the county assessment appeals board makes a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment of the property, and mails a written notice of its determination to the applicant and the notice does not advise the applicant to file a claim for refund. (ii) After the expiration of the time period specified in subdivision (c) of Section 1604 if the county assessment appeals board fails to hear evidence and fails to make a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment of the property. (B) Filed within six months, if an application for a reduction in an assessment or an application for equalization of an assessment has been filed pursuant to Section 1603 and the applicant does not state in the application that the application is intended to constitute a claim for a refund, after the county assessment appeals board makes a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment, and mails a written notice of its determination to the applicant and the notice advises the applicant to file a claim for refund within six months of the date of the county assessment appeals board’s final determination. (4) Filed within eight years after making the payment sought to be refunded, or within 60 days of the notice prescribed by subdivision (a) of Section 4836, whichever is later, if the claim for refund is filed on or after January 1, 2015, and relates to the disabled veterans’ exemption described in Section 205.5. (b) An application for a reduction in an assessment filed pursuant to Section 1603 shall also constitute a sufficient claim for refund under this section if the applicant states in the application that the application is intended to constitute a claim for refund. If the applicant does not so state, he or she may thereafter and within the period provided in paragraph (3) of subdivision (a) file a separate claim for refund of taxes extended on the assessment which the applicant applied to have reduced pursuant to Section 1603 or Section 1604. (c) If an application for equalization of an escape assessment is filed pursuant to Section 1603, a claim may be filed on any taxes resulting from the escape assessment or the original assessment to which the escape relates within the period provided in paragraph (3) of subdivision (a). (d) The amendments made to this section by the act adding this subdivision shall apply to claims for refund filed on or after January 1, 2015. SEC. 4. Section 5097.3 is added to the Revenue and Taxation Code, to read: 5097.3. Notwithstanding any other law, any taxes paid before or after delinquency may be refunded by the county tax collector or the county auditor, within eight years after the date of payment, if the amount paid exceeds the amount due on the property as the result of corrections to the roll that relate to the disabled veterans’ exemption described in Section 205.5. SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 6. 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. 7. 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 provides, pursuant to the authorization of the California Constitution, a disabled veteran’s property tax exemption for the principal place of residence of a veteran or a veteran’s spouse, including an unmarried surviving spouse, if the veteran, because of an injury incurred in military service, is blind in both eyes, has lost the use of 2 or more limbs, or is totally disabled, as those terms are defined, or if the veteran has, as a result of a service-connected injury or disease, died while on active duty in military service. That law defines a veteran for its purposes as a person who, among other things, is serving in or has served in and has been discharged under honorable conditions from service in the United States Army, Navy, Air Force, Marine Corps, or Coast Guard. This bill, for property tax lien dates for the 2017–18 fiscal year and each fiscal year thereafter, would expand that definition of veteran to include a person who has been discharged in other than dishonorable conditions from service under those same conditions and who has been determined by the United States Department of Veterans Affairs to be eligible for federal veterans’ health and medical benefits. Existing property tax law allows the correction of certain errors resulting in incorrect entries on the property tax roll within 4 years after the making of the assessment. This bill would extend the time for correcting errors to the roll related to the disabled veterans’ exemption to 8 years. Existing law requires property taxes to be refunded upon the filing of a claim within 8 years after making the payment sought to be refunded if the claim relates to the disabled veterans’ exemption. This bill would instead require a refund on a claim filed within 8 years after making the payment sought to be refunded, or within 60 days of the date of a specified notice, whichever is later. Existing property tax law authorizes any taxes paid before or after delinquency to be refunded by the county tax collector within 4 years after the date of payment under specified conditions. This bill would authorize any taxes paid before or after delinquency to be refunded by the county tax collector within 8 years after the date of payment if the amount paid exceeds the amount due on the property as a result of corrections to the roll that relate to the disabled veterans’ exemption. By changing the manner in which local county officials administer property tax refunds with respect to the disabled veterans’ exemption, 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. 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.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 205.5 of the Revenue and Taxation Code is amended to read: 205.5. (a) Property that constitutes the principal place of residence of a veteran, that is owned by the veteran, the veteran’s spouse, or the veteran and the veteran’s spouse jointly, is exempted from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), if the veteran is blind in both eyes, has lost the use of two or more limbs, or if the veteran is totally disabled as a result of injury or disease incurred in military service. The one hundred thousand dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of an eligible veteran whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). (b) (1) For purposes of this section, “veteran” means either of the following: (A) A person who is serving in or has served in and has been discharged under other than dishonorable conditions from service in the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, and served either in time of war or in time of peace in a campaign or expedition for which a medal has been issued by Congress, or in time of peace and because of a service-connected disability was released from active duty, and who has been determined by the United States Department of Veterans Affairs to be eligible for federal veterans’ health and medical benefits. (B) Any person who would qualify as a veteran pursuant to subparagraph (A) except that he or she has, as a result of a service-connected injury or disease, died while on active duty in military service. The United States Department of Veterans Affairs shall determine whether an injury or disease is service connected. (2) For purposes of this section, property is deemed to be the principal place of residence of a veteran, disabled as described in subdivision (a), who is confined to a hospital or other care facility, if that property would be that veteran’s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For purposes of this paragraph, a family member who resides at the residence is not a third party. (c) (1) Property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a deceased veteran is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of a veteran who was blind in both eyes, had lost the use of two or more limbs, or was totally disabled provided that either of the following conditions is met: (A) The deceased veteran during his or her lifetime qualified for the exemption pursuant to subdivision (a), or would have qualified for the exemption under the laws effective on January 1, 1977, except that the veteran died prior to January 1, 1977. (B) The veteran died from a disease that was service connected as determined by the United States Department of Veterans Affairs. The one hundred thousand dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). (2) Commencing with the 1994–95 fiscal year, property that is owned by, and that constitutes the principal place of residence of, the unmarried surviving spouse of a veteran as described in subparagraph (B) of paragraph (1) of subdivision (b) is exempt from taxation on that part of the full value of the residence that does not exceed one hundred thousand dollars ($100,000), as adjusted for the relevant assessment year as provided in subdivision (h). The one hundred thousand dollar ($100,000) exemption shall be one hundred fifty thousand dollars ($150,000), as adjusted for the relevant assessment year as provided in subdivision (h), in the case of an eligible unmarried surviving spouse whose household income does not exceed the amount of forty thousand dollars ($40,000), as adjusted for the relevant assessment year as provided in subdivision (g). (3) Beginning with the 2012–13 fiscal year and for each fiscal year thereafter, property is deemed to be the principal place of residence of the unmarried surviving spouse of a deceased veteran, who is confined to a hospital or other care facility, if that property would be the unmarried surviving spouse’s principal place of residence were it not for his or her confinement to a hospital or other care facility, provided that the residence is not rented or leased to a third party. For purposes of this paragraph, a family member who resides at the residence is not a third party. (d) As used in this section, “property that is owned by a veteran” or “property that is owned by the veteran’s unmarried surviving spouse” includes all of the following: (1) Property owned by the veteran with the veteran’s spouse as a joint tenancy, tenancy in common, or as community property. (2) Property owned by the veteran or the veteran’s spouse as separate property. (3) Property owned with one or more other persons to the extent of the interest owned by the veteran, the veteran’s spouse, or both the veteran and the veteran’s spouse. (4) Property owned by the veteran’s unmarried surviving spouse with one or more other persons to the extent of the interest owned by the veteran’s unmarried surviving spouse. (5) So much of the property of a corporation as constitutes the principal place of residence of a veteran or a veteran’s unmarried surviving spouse when the veteran, or the veteran’s spouse, or the veteran’s unmarried surviving spouse is a shareholder of the corporation and the rights of shareholding entitle one to the possession of property, legal title to which is owned by the corporation. The exemption provided by this paragraph shall be shown on the local roll and shall reduce the full value of the corporate property. Notwithstanding any law or articles of incorporation or bylaws of a corporation described in this paragraph, any reduction of property taxes paid by the corporation shall reflect an equal reduction in any charges by the corporation to the person who, by reason of qualifying for the exemption, made possible the reduction for the corporation. (e) For purposes of this section, being blind in both eyes means having a visual acuity of 5/200 or less, or concentric contraction of the visual field to 5 degrees or less; losing the use of a limb means that the limb has been amputated or its use has been lost by reason of ankylosis, progressive muscular dystrophies, or paralysis; and being totally disabled means that the United States Department of Veterans Affairs or the military service from which the veteran was discharged has rated the disability at 100 percent or has rated the disability compensation at 100 percent by reason of being unable to secure or follow a substantially gainful occupation. (f) An exemption granted to a claimant pursuant to this section shall be in lieu of the veteran’s exemption provided by subdivisions (o), (p), (q), and (r) of Section 3 of Article XIII of the California Constitution and any other real property tax exemption to which the claimant may be entitled. No other real property tax exemption may be granted to any other person with respect to the same residence for which an exemption has been granted pursuant to this section; provided, that if two or more veterans qualified pursuant to this section coown a property in which they reside, each is entitled to the exemption to the extent of his or her interest. (g) Commencing on January 1, 2002, and for each assessment year thereafter, the household income limit shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. (h) Commencing on January 1, 2006, and for each assessment year thereafter, the exemption amounts set forth in subdivisions (a) and (c) shall be compounded annually by an inflation factor that is the annual percentage change, measured from February to February of the two previous assessment years, rounded to the nearest one-thousandth of 1 percent, in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations. (i) The amendments made to this section by the act adding this subdivision shall apply for property tax lien dates for the 2017–18 fiscal year and for each fiscal year thereafter. SEC. 2. Section 4831.1 is added to the Revenue and Taxation Code, to read: 4831.1. Notwithstanding any other law, corrections to the roll that relate to the disabled veterans’ exemption described in Section 205.5 may be corrected within eight years after the making of the assessment being corrected. SEC. 3. Section 5097 of the Revenue and Taxation Code is amended to read: 5097. (a) An order for a refund under this article shall not be made, except on a claim: (1) Verified by the person who paid the tax, his or her guardian, executor, or administrator. (2) Except as provided in paragraph (3) or (4), filed within four years after making the payment sought to be refunded, or within one year after the mailing of notice as prescribed in Section 2635, or the period agreed to as provided in Section 532.1, or within 60 days of the date of the notice prescribed by subdivision (a) of Section 4836, whichever is later. (3) (A) Filed within one year, if an application for a reduction in an assessment or an application for equalization of an assessment has been filed pursuant to Section 1603 and the applicant does not state in the application that the application is intended to constitute a claim for a refund, of either of the following events, whichever occurs first: (i) After the county assessment appeals board makes a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment of the property, and mails a written notice of its determination to the applicant and the notice does not advise the applicant to file a claim for refund. (ii) After the expiration of the time period specified in subdivision (c) of Section 1604 if the county assessment appeals board fails to hear evidence and fails to make a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment of the property. (B) Filed within six months, if an application for a reduction in an assessment or an application for equalization of an assessment has been filed pursuant to Section 1603 and the applicant does not state in the application that the application is intended to constitute a claim for a refund, after the county assessment appeals board makes a final determination on the application for reduction in assessment or on the application for equalization of an escape assessment, and mails a written notice of its determination to the applicant and the notice advises the applicant to file a claim for refund within six months of the date of the county assessment appeals board’s final determination. (4) Filed within eight years after making the payment sought to be refunded, or within 60 days of the notice prescribed by subdivision (a) of Section 4836, whichever is later, if the claim for refund is filed on or after January 1, 2015, and relates to the disabled veterans’ exemption described in Section 205.5. (b) An application for a reduction in an assessment filed pursuant to Section 1603 shall also constitute a sufficient claim for refund under this section if the applicant states in the application that the application is intended to constitute a claim for refund. If the applicant does not so state, he or she may thereafter and within the period provided in paragraph (3) of subdivision (a) file a separate claim for refund of taxes extended on the assessment which the applicant applied to have reduced pursuant to Section 1603 or Section 1604. (c) If an application for equalization of an escape assessment is filed pursuant to Section 1603, a claim may be filed on any taxes resulting from the escape assessment or the original assessment to which the escape relates within the period provided in paragraph (3) of subdivision (a). (d) The amendments made to this section by the act adding this subdivision shall apply to claims for refund filed on or after January 1, 2015. SEC. 4. Section 5097.3 is added to the Revenue and Taxation Code, to read: 5097.3. Notwithstanding any other law, any taxes paid before or after delinquency may be refunded by the county tax collector or the county auditor, within eight years after the date of payment, if the amount paid exceeds the amount due on the property as the result of corrections to the roll that relate to the disabled veterans’ exemption described in Section 205.5. SEC. 5. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SEC. 6. 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. 7. This act provides for a tax levy within the meaning of Article IV of the Constitution and shall go into immediate effect. ### Summary: This bill amends the Revenue and Taxation Code to increase the amount of the disabled veterans’ exemption from $100,000 to $150

The people of the State of California do enact as follows: SECTION 1. Section 23612 of the Vehicle Code is amended to read: 23612. (a) (1) (A) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies. (B) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood for the purpose of determining the drug content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood test is unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test. (C) The testing shall be incidental to a lawful arrest and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of Section 23140, 23152, or 23153. (D) The person shall be told that his or her failure to submit to, or the failure to complete, the required chemical testing will result in a fine, mandatory imprisonment if the person is convicted of a violation of Section 23152 or 23153, and (i) the suspension of the person’s privilege to operate a motor vehicle for a period of one year, (ii) the revocation of the person’s privilege to operate a motor vehicle for a period of two years if the refusal occurs within 10 years of a separate violation of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153 of this code, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code that resulted in a conviction, or if the person’s privilege to operate a motor vehicle has been suspended or revoked pursuant to Section 13353, 13353.1, or 13353.2 for an offense that occurred on a separate occasion, or (iii) the revocation of the person’s privilege to operate a motor vehicle for a period of three years if the refusal occurs within 10 years of two or more separate violations of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153 of this code, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, or any combination thereof, that resulted in convictions, or if the person’s privilege to operate a motor vehicle has been suspended or revoked two or more times pursuant to Section 13353, 13353.1, or 13353.2 for offenses that occurred on separate occasions, or if there is any combination of those convictions, administrative suspensions, or revocations. (2) (A) If the person is lawfully arrested for driving under the influence of an alcoholic beverage, the person has the choice of whether the test shall be of his or her blood or breath and the officer shall advise the person that he or she has that choice. If the person arrested either is incapable, or states that he or she is incapable, of completing the chosen test, the person shall submit to the remaining test. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies. (B) If the person is lawfully arrested for driving under the influence of any drug or the combined influence of an alcoholic beverage and any drug, the person has the choice of whether the test shall be of his or her blood or breath, and the officer shall advise the person that he or she has that choice. (C) A person who chooses to submit to a breath test may also be requested to submit to a blood test if the officer has reasonable cause to believe that the person was driving under the influence of a drug or the combined influence of an alcoholic beverage and a drug and if the officer has a clear indication that a blood test will reveal evidence of the person being under the influence. The officer shall state in his or her report the facts upon which that belief and that clear indication are based. The officer shall advise the person that he or she is required to submit to an additional test. The person shall submit to and complete a blood test. If the person arrested is incapable of completing the blood test, the person shall submit to and complete a urine test. (3) If the person is lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153, and, because of the need for medical treatment, the person is first transported to a medical facility where it is not feasible to administer a particular test of, or to obtain a particular sample of, the person’s blood or breath, the person has the choice of those tests, including a urine test, that are available at the facility to which that person has been transported. In that case, the officer shall advise the person of those tests that are available at the medical facility and that the person’s choice is limited to those tests that are available. (4) The officer shall also advise the person that he or she does not have the right to have an attorney present before stating whether he or she will submit to a test or tests, before deciding which test or tests to take, or during administration of the test or tests chosen, and that, in the event of refusal to submit to a test or tests, the refusal may be used against him or her in a court of law. (5) A person who is unconscious or otherwise in a condition rendering him or her incapable of refusal is deemed not to have withdrawn his or her consent and a test or tests may be administered whether or not the person is told that his or her failure to submit to, or the noncompletion of, the test or tests will result in the suspension or revocation of his or her privilege to operate a motor vehicle. A person who is dead is deemed not to have withdrawn his or her consent and a test or tests may be administered at the direction of a peace officer. (b) A person who is afflicted with hemophilia is exempt from the blood test required by this section, but shall submit to, and complete, a urine test. (c) A person who is afflicted with a heart condition and is using an anticoagulant under the direction of a licensed physician and surgeon is exempt from the blood test required by this section, but shall submit to, and complete, a urine test. (d) (1) A person lawfully arrested for an offense allegedly committed while the person was driving a motor vehicle in violation of Section 23140, 23152, or 23153 may request the arresting officer to have a chemical test made of the arrested person’s blood or breath for the purpose of determining the alcoholic content of that person’s blood, and, if so requested, the arresting officer shall have the test performed. (2) If a blood or breath test is not available under subparagraph (A) of paragraph (1) of subdivision (a), or under subparagraph (A) of paragraph (2) of subdivision (a), or under paragraph (1) of this subdivision, the person shall submit to the remaining test in order to determine the percent, by weight, of alcohol in the person’s blood. If both the blood and breath tests are unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test. (e) If the person, who has been arrested for a violation of Section 23140, 23152, or 23153, refuses or fails to complete a chemical test or tests, or requests that a blood or urine test be taken, the peace officer, acting on behalf of the department, shall serve the notice of the order of suspension or revocation of the person’s privilege to operate a motor vehicle personally on the arrested person. The notice shall be on a form provided by the department. (f) If the peace officer serves the notice of the order of suspension or revocation of the person’s privilege to operate a motor vehicle, the peace officer shall take possession of all driver’s licenses issued by this state that are held by the person. The temporary driver’s license shall be an endorsement on the notice of the order of suspension and shall be valid for 30 days from the date of arrest. (g) (1) The peace officer shall immediately forward a copy of the completed notice of suspension or revocation form and any driver’s license taken into possession under subdivision (f), with the report required by Section 13380, to the department. If the person submitted to a blood or urine test, the peace officer shall forward the results immediately to the appropriate forensic laboratory. The forensic laboratory shall forward the results of the chemical tests to the department within 15 calendar days of the date of the arrest. (2) (A) Notwithstanding any other law, a document containing data prepared and maintained in the governmental forensic laboratory computerized database system that is electronically transmitted or retrieved through public or private computer networks to or by the department is the best available evidence of the chemical test results in all administrative proceedings conducted by the department. In addition, any other official record that is maintained in the governmental forensic laboratory, relates to a chemical test analysis prepared and maintained in the governmental forensic laboratory computerized database system, and is electronically transmitted and retrieved through a public or private computer network to or by the department is admissible as evidence in the department’s administrative proceedings. In order to be admissible as evidence in administrative proceedings, a document described in this subparagraph shall bear a certification by the employee of the department who retrieved the document certifying that the information was received or retrieved directly from the computerized database system of a governmental forensic laboratory and that the document accurately reflects the data received or retrieved. (B) Notwithstanding any other law, the failure of an employee of the department to certify under subparagraph (A) is not a public offense. (h) A preliminary alcohol screening test that indicates the presence or concentration of alcohol based on a breath sample in order to establish reasonable cause to believe the person was driving a vehicle in violation of Section 23140, 23152, or 23153 is a field sobriety test and may be used by an officer as a further investigative tool. (i) A preliminary oral fluid screening test that indicates the presence or concentration of a drug or controlled substance based on a sample in order to establish reasonable cause to believe the person was driving a vehicle in violation of Section 23140, 23152, 23152 or 23153 is a field sobriety test and may be used by an officer as a further investigative tool. (j) If the officer decides to use a preliminary alcohol or oral fluid screening test, the officer shall advise the person that he or she is requesting that person to take a preliminary alcohol or oral fluid screening test to assist the officer in determining if that person is under the influence of alcohol or drugs, or a combination of alcohol and drugs. The person’s obligation to submit to a blood, breath, or urine test, as required by this section, for the purpose of determining the alcohol or drug content of that person’s blood, is not satisfied by the person submitting to a preliminary alcohol or oral fluid screening test. The officer shall advise the person of that fact and of the person’s right to refuse to take the preliminary alcohol or oral fluid screening test.

Existing law provides that a person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood for the purpose of determining the drug content of his or her blood if lawfully arrested for driving under the influence of alcohol or drugs. Existing law provides that if a blood test is unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test. Existing law authorizes an officer to use a preliminary alcohol screening test that indicates the presence or concentration of alcohol based on a breath sample as a further investigatory tool in order to establish reasonable cause to believe the person was driving a vehicle in violation of certain prohibitions against driving under the influence of alcohol or drugs. This bill would authorize an officer to use a preliminary oral fluid screening test that indicates the presence or concentration of a drug or controlled substance as a further investigatory tool in order to establish reasonable cause to believe the person was driving a vehicle in violation of certain prohibitions against driving under the influence of drugs.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 23612 of the Vehicle Code is amended to read: 23612. (a) (1) (A) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies. (B) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood for the purpose of determining the drug content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood test is unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test. (C) The testing shall be incidental to a lawful arrest and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of Section 23140, 23152, or 23153. (D) The person shall be told that his or her failure to submit to, or the failure to complete, the required chemical testing will result in a fine, mandatory imprisonment if the person is convicted of a violation of Section 23152 or 23153, and (i) the suspension of the person’s privilege to operate a motor vehicle for a period of one year, (ii) the revocation of the person’s privilege to operate a motor vehicle for a period of two years if the refusal occurs within 10 years of a separate violation of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153 of this code, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code that resulted in a conviction, or if the person’s privilege to operate a motor vehicle has been suspended or revoked pursuant to Section 13353, 13353.1, or 13353.2 for an offense that occurred on a separate occasion, or (iii) the revocation of the person’s privilege to operate a motor vehicle for a period of three years if the refusal occurs within 10 years of two or more separate violations of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153 of this code, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, or any combination thereof, that resulted in convictions, or if the person’s privilege to operate a motor vehicle has been suspended or revoked two or more times pursuant to Section 13353, 13353.1, or 13353.2 for offenses that occurred on separate occasions, or if there is any combination of those convictions, administrative suspensions, or revocations. (2) (A) If the person is lawfully arrested for driving under the influence of an alcoholic beverage, the person has the choice of whether the test shall be of his or her blood or breath and the officer shall advise the person that he or she has that choice. If the person arrested either is incapable, or states that he or she is incapable, of completing the chosen test, the person shall submit to the remaining test. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies. (B) If the person is lawfully arrested for driving under the influence of any drug or the combined influence of an alcoholic beverage and any drug, the person has the choice of whether the test shall be of his or her blood or breath, and the officer shall advise the person that he or she has that choice. (C) A person who chooses to submit to a breath test may also be requested to submit to a blood test if the officer has reasonable cause to believe that the person was driving under the influence of a drug or the combined influence of an alcoholic beverage and a drug and if the officer has a clear indication that a blood test will reveal evidence of the person being under the influence. The officer shall state in his or her report the facts upon which that belief and that clear indication are based. The officer shall advise the person that he or she is required to submit to an additional test. The person shall submit to and complete a blood test. If the person arrested is incapable of completing the blood test, the person shall submit to and complete a urine test. (3) If the person is lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153, and, because of the need for medical treatment, the person is first transported to a medical facility where it is not feasible to administer a particular test of, or to obtain a particular sample of, the person’s blood or breath, the person has the choice of those tests, including a urine test, that are available at the facility to which that person has been transported. In that case, the officer shall advise the person of those tests that are available at the medical facility and that the person’s choice is limited to those tests that are available. (4) The officer shall also advise the person that he or she does not have the right to have an attorney present before stating whether he or she will submit to a test or tests, before deciding which test or tests to take, or during administration of the test or tests chosen, and that, in the event of refusal to submit to a test or tests, the refusal may be used against him or her in a court of law. (5) A person who is unconscious or otherwise in a condition rendering him or her incapable of refusal is deemed not to have withdrawn his or her consent and a test or tests may be administered whether or not the person is told that his or her failure to submit to, or the noncompletion of, the test or tests will result in the suspension or revocation of his or her privilege to operate a motor vehicle. A person who is dead is deemed not to have withdrawn his or her consent and a test or tests may be administered at the direction of a peace officer. (b) A person who is afflicted with hemophilia is exempt from the blood test required by this section, but shall submit to, and complete, a urine test. (c) A person who is afflicted with a heart condition and is using an anticoagulant under the direction of a licensed physician and surgeon is exempt from the blood test required by this section, but shall submit to, and complete, a urine test. (d) (1) A person lawfully arrested for an offense allegedly committed while the person was driving a motor vehicle in violation of Section 23140, 23152, or 23153 may request the arresting officer to have a chemical test made of the arrested person’s blood or breath for the purpose of determining the alcoholic content of that person’s blood, and, if so requested, the arresting officer shall have the test performed. (2) If a blood or breath test is not available under subparagraph (A) of paragraph (1) of subdivision (a), or under subparagraph (A) of paragraph (2) of subdivision (a), or under paragraph (1) of this subdivision, the person shall submit to the remaining test in order to determine the percent, by weight, of alcohol in the person’s blood. If both the blood and breath tests are unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test. (e) If the person, who has been arrested for a violation of Section 23140, 23152, or 23153, refuses or fails to complete a chemical test or tests, or requests that a blood or urine test be taken, the peace officer, acting on behalf of the department, shall serve the notice of the order of suspension or revocation of the person’s privilege to operate a motor vehicle personally on the arrested person. The notice shall be on a form provided by the department. (f) If the peace officer serves the notice of the order of suspension or revocation of the person’s privilege to operate a motor vehicle, the peace officer shall take possession of all driver’s licenses issued by this state that are held by the person. The temporary driver’s license shall be an endorsement on the notice of the order of suspension and shall be valid for 30 days from the date of arrest. (g) (1) The peace officer shall immediately forward a copy of the completed notice of suspension or revocation form and any driver’s license taken into possession under subdivision (f), with the report required by Section 13380, to the department. If the person submitted to a blood or urine test, the peace officer shall forward the results immediately to the appropriate forensic laboratory. The forensic laboratory shall forward the results of the chemical tests to the department within 15 calendar days of the date of the arrest. (2) (A) Notwithstanding any other law, a document containing data prepared and maintained in the governmental forensic laboratory computerized database system that is electronically transmitted or retrieved through public or private computer networks to or by the department is the best available evidence of the chemical test results in all administrative proceedings conducted by the department. In addition, any other official record that is maintained in the governmental forensic laboratory, relates to a chemical test analysis prepared and maintained in the governmental forensic laboratory computerized database system, and is electronically transmitted and retrieved through a public or private computer network to or by the department is admissible as evidence in the department’s administrative proceedings. In order to be admissible as evidence in administrative proceedings, a document described in this subparagraph shall bear a certification by the employee of the department who retrieved the document certifying that the information was received or retrieved directly from the computerized database system of a governmental forensic laboratory and that the document accurately reflects the data received or retrieved. (B) Notwithstanding any other law, the failure of an employee of the department to certify under subparagraph (A) is not a public offense. (h) A preliminary alcohol screening test that indicates the presence or concentration of alcohol based on a breath sample in order to establish reasonable cause to believe the person was driving a vehicle in violation of Section 23140, 23152, or 23153 is a field sobriety test and may be used by an officer as a further investigative tool. (i) A preliminary oral fluid screening test that indicates the presence or concentration of a drug or controlled substance based on a sample in order to establish reasonable cause to believe the person was driving a vehicle in violation of Section 23140, 23152, 23152 or 23153 is a field sobriety test and may be used by an officer as a further investigative tool. (j) If the officer decides to use a preliminary alcohol or oral fluid screening test, the officer shall advise the person that he or she is requesting that person to take a preliminary alcohol or oral fluid screening test to assist the officer in determining if that person is under the influence of alcohol or drugs, or a combination of alcohol and drugs. The person’s obligation to submit to a blood, breath, or urine test, as required by this section, for the purpose of determining the alcohol or drug content of that person’s blood, is not satisfied by the person submitting to a preliminary alcohol or oral fluid screening test. The officer shall advise the person of that fact and of the person’s right to refuse to take the preliminary alcohol or oral fluid screening test. ### Summary: This bill would amend Section 23612 of the Vehicle Code to require that the notice of the order of suspension or revocation of the person’s

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) “Endorsing municipality” means the City of Los Angeles, which has authorized a bid by the Organizing Committee for the Olympic Games (OCOG) for selection of the municipality as the site of the games. (b) “Games” means the 2024 Olympic and Paralympic Games. (c) “Games support contract” means a joinder agreement or a similar contract executed by the Governor and containing terms permitted or required by this act. (d) “Joinder agreement” means an agreement in connection with the selection of a site in this state for the location of the games. (e) “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 endorsing municipality’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 a bid committee agreement with the United States Olympic Committee regarding a bid and the bid process to host the games. (f) “Site selection organization” means the International Olympic Committee, the International Paralympic Committee, or both, as applicable. (g) “State security” means the financial obligation, not to exceed two hundred fifty million dollars ($250,000,000), undertaken by the state pursuant to a games support contract executed by the Governor in accordance with this act. 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 that will select a city to host the games. (b) Hosting the games in California is expected to generate billions of dollars for the state’s economy. The OCOG, on behalf of the endorsing municipality, has developed a self-sufficient bid and plan for financing the games that is based on realistic and conservative revenue scenarios and has budgeted sufficient funds to reimburse local and regional governments for services provided during the games. (c) The endorsing municipality plans to host a sustainable and 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 this state with excess revenues from the games, and plans to develop and implement a unique and broad-based, cultural program. (d) The endorsing municipality will involve athletes, sports professionals, environmentalists, business and financial experts, nonprofit organizations, youth service leaders, and individuals who represent the entire diversity of the endorsing municipality’s state in its bid. (e) 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 execute games support contracts on behalf of the state that, in accordance with law and subject to the requirements and limitations set forth in Sections 5, 6, and 7 of this act, accept financial liability, funded solely by means of the funding mechanism established by Sections 5, 6, and 7 of this act, and in an aggregate amount that under no circumstance shall exceed two hundred fifty million dollars ($250,000,000), to provide the state security for the following: (1) Amounts owed by the OCOG to a site selection organization for claims by third parties arising out of or relating to the games. (2) Any financial deficit accruing to the OCOG as a result of the hosting of the games by the endorsing municipality. Any liability for an amount in excess of the state security of two hundred fifty million dollars ($250,000,000) shall be the responsibility of parties other than the state. (b) The games support contracts may contain additional provisions that 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 site selection organizations. (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 the state security. Notwithstanding any other law, the Controller may use the funds in the trust fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. (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, the balance necessary to provide the state security pursuant to a games support contract. (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 the Director of Finance makes a determination that the state’s obligation to provide the state security under a games support contract has been satisfied and concluded, at which time the trust fund shall be terminated. (f) If the endorsing municipality in the State of California is not selected by the site selection organization as the host city for the games, the Olympic Games Trust Fund shall be immediately terminated. (g) 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 providing the state security under a games support contract. The state security may be provided by moneys contained in the trust fund established in Section 5 of this act, or by insurance coverage, letters of credit, or other secured instruments purchased or secured by the moneys, or by any combination thereof as specified in a games support contract. 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 shall be pledged for any payment under any obligation authorized by this act. SEC. 7. The state shall, subject to the limitations set forth in Sections 5 and 6 of this act and the games support contract, be the payer of last resort with regard to the use of the state security. The state security may not be accessed to cover any obligation of the state under a games support contract until after all of the following occur: (a) The security provided by the OCOG is fully expended and exhausted. (b) The endorsing municipality has expended and exhausted at least two hundred fifty million dollars ($250,000,000) of the endorsing municipality’s security. (c) Any security provided by any other person or entity is fully expended and exhausted. (d) The limits of available insurance policies have been fully expended and exhausted. (e) The OCOG has exhausted all efforts to seek payment 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 shall 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.

Existing law provides specified requirements in awarding certain public contracts. This bill would authorize the Governor to execute games support contracts, not to exceed a specified amount, in connection with the site selection process for the City of Los Angeles to become the host for the 2024 Olympic Games and Paralympic Games, that accept financial liability to provide the state security for amounts owed by the Organizing Committee for the Olympic Games (OCOG), as specified, and for any financial deficit accruing to the OCOG as a result of the hosting of the games by the endorsing municipality, as defined. This bill would make legislative findings and declarations that, among other things, the endorsing municipality has developed a self-sufficient bid for financing the games.

<bos> ### Instruction: Summary this text ### Text: 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) “Endorsing municipality” means the City of Los Angeles, which has authorized a bid by the Organizing Committee for the Olympic Games (OCOG) for selection of the municipality as the site of the games. (b) “Games” means the 2024 Olympic and Paralympic Games. (c) “Games support contract” means a joinder agreement or a similar contract executed by the Governor and containing terms permitted or required by this act. (d) “Joinder agreement” means an agreement in connection with the selection of a site in this state for the location of the games. (e) “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 endorsing municipality’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 a bid committee agreement with the United States Olympic Committee regarding a bid and the bid process to host the games. (f) “Site selection organization” means the International Olympic Committee, the International Paralympic Committee, or both, as applicable. (g) “State security” means the financial obligation, not to exceed two hundred fifty million dollars ($250,000,000), undertaken by the state pursuant to a games support contract executed by the Governor in accordance with this act. 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 that will select a city to host the games. (b) Hosting the games in California is expected to generate billions of dollars for the state’s economy. The OCOG, on behalf of the endorsing municipality, has developed a self-sufficient bid and plan for financing the games that is based on realistic and conservative revenue scenarios and has budgeted sufficient funds to reimburse local and regional governments for services provided during the games. (c) The endorsing municipality plans to host a sustainable and 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 this state with excess revenues from the games, and plans to develop and implement a unique and broad-based, cultural program. (d) The endorsing municipality will involve athletes, sports professionals, environmentalists, business and financial experts, nonprofit organizations, youth service leaders, and individuals who represent the entire diversity of the endorsing municipality’s state in its bid. (e) 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 execute games support contracts on behalf of the state that, in accordance with law and subject to the requirements and limitations set forth in Sections 5, 6, and 7 of this act, accept financial liability, funded solely by means of the funding mechanism established by Sections 5, 6, and 7 of this act, and in an aggregate amount that under no circumstance shall exceed two hundred fifty million dollars ($250,000,000), to provide the state security for the following: (1) Amounts owed by the OCOG to a site selection organization for claims by third parties arising out of or relating to the games. (2) Any financial deficit accruing to the OCOG as a result of the hosting of the games by the endorsing municipality. Any liability for an amount in excess of the state security of two hundred fifty million dollars ($250,000,000) shall be the responsibility of parties other than the state. (b) The games support contracts may contain additional provisions that 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 site selection organizations. (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 the state security. Notwithstanding any other law, the Controller may use the funds in the trust fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. (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, the balance necessary to provide the state security pursuant to a games support contract. (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 the Director of Finance makes a determination that the state’s obligation to provide the state security under a games support contract has been satisfied and concluded, at which time the trust fund shall be terminated. (f) If the endorsing municipality in the State of California is not selected by the site selection organization as the host city for the games, the Olympic Games Trust Fund shall be immediately terminated. (g) 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 providing the state security under a games support contract. The state security may be provided by moneys contained in the trust fund established in Section 5 of this act, or by insurance coverage, letters of credit, or other secured instruments purchased or secured by the moneys, or by any combination thereof as specified in a games support contract. 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 shall be pledged for any payment under any obligation authorized by this act. SEC. 7. The state shall, subject to the limitations set forth in Sections 5 and 6 of this act and the games support contract, be the payer of last resort with regard to the use of the state security. The state security may not be accessed to cover any obligation of the state under a games support contract until after all of the following occur: (a) The security provided by the OCOG is fully expended and exhausted. (b) The endorsing municipality has expended and exhausted at least two hundred fifty million dollars ($250,000,000) of the endorsing municipality’s security. (c) Any security provided by any other person or entity is fully expended and exhausted. (d) The limits of available insurance policies have been fully expended and exhausted. (e) The OCOG has exhausted all efforts to seek payment 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 shall 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. ### Summary: This bill authorizes the Governor to execute games support contracts on behalf of the state to provide the state security for the Olympic Games and Paralympic Games. The bill also establishes

The people of the State of California do enact as follows: SECTION 1. Section 1341.45 of the Health and Safety Code is amended to read: 1341.45. (a) There is hereby created in the State Treasury the Managed Care Administrative Fines and Penalties Fund. (b) The fines and administrative penalties collected pursuant to this chapter, on and after September 30, 2008, shall be deposited into the Managed Care Administrative Fines and Penalties Fund. (c) The fines and administrative penalties deposited into the Managed Care Administrative Fines and Penalties Fund shall be transferred by the department, annually, as follows: (1) The first one million dollars ($1,000,000) shall be transferred to the Medically Underserved Account for Physicians within the Health Professions Education Fund and shall, upon appropriation by the Legislature, be used for the purposes of the Steven M. Thompson Physician Corps Loan Repayment Program, as specified in Article 5 (commencing with Section 128550) of Chapter 5 of Part 3 of Division 107 and, notwithstanding Section 128555, shall not be used to provide funding for the Physician Volunteer Program. (2) Until January 1, 2017, any amount over the first one million dollars ($1,000,000), including accrued interest, in the fund shall be transferred to the Major Risk Medical Insurance Fund continued pursuant to Section 15893 of the Welfare and Institutions Code and shall, upon appropriation by the Legislature, be used for the Major Risk Medical Insurance Program for the purposes specified in Section 15894 of the Welfare and Institutions Code. (3) On and after January 1, 2017, and annually thereafter, the second one million dollars ($1,000,000) shall be transferred to the Major Risk Medical Insurance Fund continued pursuant to Section 15893 of the Welfare and Institutions Code and shall, upon appropriation by the Legislature, be used for the Major Risk Medical Insurance Program for the purposes specified in Section 15894 of the Welfare and Institutions Code. (4) (A) On and after January 1, 2017 any amount over the first two million dollars ($2,000,000), including accrued interest, in the fund shall be transferred to the Medically Underserved Account for Physicians within the Health Professions Education Fund and shall, upon appropriation by the Legislature, and subject to subparagraph (B), be used for the purposes of the Steven M. Thompson Physician Corps Loan Repayment Program, as specified in Article 5 (commencing with Section 128550) of Chapter 5 of Part 3 of Division 107 and, notwithstanding Section 128555, shall not be used to provide funding for the Physician Volunteer Program. (B) One-half Up to one-half of the moneys deposited into the Medically Underserved Account for Physicians within the Health Professions Education Fund under this paragraph shall, upon appropriation by the Legislature, be used may be prioritized to fund the repayment of loans loans pursuant to paragraph (2) of subdivision (d) of Section 128553 for those physicians providing psychiatric services or those physicians whose primary specialty is psychiatry program applicants who are trained in, and practice, psychiatry, under the Steven M. Thompson Physician Corps Loan Repayment Program, as specified in Article Program (Article 5 (commencing with Section 128550) of Chapter 5 of Part 3 of Division 107. 107). (d) Notwithstanding subdivision (b) of Section 1356 and Section 1356.1, the fines and administrative penalties authorized pursuant to this chapter shall not be used to reduce the assessments imposed on health care service plans pursuant to Section 1356. SEC. 2. Section 128551 of the Health and Safety Code is amended to read: 128551. (a) It is the intent of this article that the Health Professions Education Foundation and the office provide the ongoing program management of the two programs identified in subdivision (b) of Section 128550 as a part of the California Physician Corps Program. (b) For purposes of subdivision (a), the foundation shall consult with the Medical Board of California, Office of Statewide Health Planning and Development, and shall establish and consult with an advisory committee of not more than seven members, that shall include two members recommended by the California Medical Association and may include other members of the medical community, including ethnic representatives, medical schools, health advocates representing ethnic communities, primary care clinics, public hospitals, and health systems, statewide agencies administering state and federally funded programs targeting underserved communities, and members of the public with expertise in health care issues. SEC. 3. Section 128552 of the Health and Safety Code is amended to read: 128552. For purposes of this article, the following definitions shall apply: (a) “Account” means the Medically Underserved Account for Physicians established within the Health Professions Education Fund pursuant to this article. (b) “Foundation” means the Health Professions Education Foundation. (c) “Fund” means the Health Professions Education Fund. (d) “Medi-Cal threshold languages” means primary languages spoken by limited-English-proficient (LEP) population groups meeting a numeric threshold of 3,000, eligible LEP Medi-Cal beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP beneficiaries residing in a single ZIP Code, or 1,500 LEP Medi-Cal beneficiaries residing in two contiguous ZIP Codes. (e) “Medically underserved area” means an area defined as a health professional shortage area in Part 5 (commencing with Section 5.1) of Subchapter A of Chapter 1 of Title 42 of the Code of Federal Regulations or an area of the state where unmet priority needs for physicians exist as determined by the California Healthcare Workforce Policy Commission pursuant to Section 128225. (f) “Medically underserved population” means the Medi-Cal program and uninsured populations. (g) “Office” means the Office of Statewide Health Planning and Development (OSHPD). (h) “Physician Volunteer Program” means the Physician Volunteer Registry Program established by the Medical Board of California. (i) “Practice setting,” for the purposes of this article only, means either of the following: (1) A community clinic as defined in subdivision (a) of Section 1204 and subdivision (c) of Section 1206, a clinic owned or operated by a public hospital and health system, or a clinic owned and operated by a hospital that maintains the primary contract with a county government to fulfill the county’s role pursuant to Section 17000 of the Welfare and Institutions Code, which is located in a medically underserved area and at least 50 percent of whose patients are from a medically underserved population. (2) A physician owned and operated medical practice setting that provides primary care or psychiatric services located in a medically underserved area and has a minimum of 50 percent of patients who are uninsured, Medi-Cal beneficiaries, or beneficiaries of another publicly funded program that serves patients who earn less than 250 percent of the federal poverty level. (j) “Primary specialty” means family practice, internal medicine, pediatrics, psychiatry, or obstetrics/gynecology. (k) “Program” means the Steven M. Thompson Physician Corps Loan Repayment Program. (l) “Selection committee” means a minimum three-member committee of the board, that includes a member that was appointed by the Medical Board of California. SEC. 4. Section 128555.5 is added to the Health and Safety Code , to read: 128555.5. Notwithstanding subdivision (e) of Section 128555, funds deposited into the Medically Underserved Account for Physicians shall not be made available to fund the repayment of loans under the Steven M. Thompson Physician Corps Loan Repayment Program for those physicians providing psychiatric services or those physicians whose primary specialty is psychiatry, except as provided in subparagraph (B) of paragraph (4) of subdivision (c) of Section 1341.45.

Existing law establishes the Steven M. Thompson Physician Corps Loan Repayment Program in the California Physician Corps Program within the Health Professions Education Foundation, which provides financial incentives, including repayment of educational loans, to a physician and surgeon who practices in a medically underserved area, as defined. defined, and who is trained in, and practices, in certain practice settings or primary specialities, as defined. Existing law authorizes the selection committee to fill up to 20% of the available positions with program applicants from specialities outside of the primary specialties, including psychiatry. Existing law establishes the Medically Underserved Account for Physicians, a continuously appropriated account, within the Health Professions Education Fund that is managed by the Health Professions Education Foundation and the Office of Statewide Health Planning and Development, to primarily provide funding for the ongoing operations of the Steven M. Thompson Physician Corps Loan Repayment Program. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and imposes certain requirements on health care service plans. Existing law imposes various fines and administrative penalties on health care service plans for certain violations of the act, which are deposited into the Managed Care Administrative Fines and Penalties Fund. Existing law requires the first $1,000,000 in the fund to be transferred each year to the Medically Underserved Account for Physicians and to be used, upon appropriation by the Legislature, for purposes of the Steven M. Thompson Physician Corps Loan Repayment Program. Existing law requires all remaining funds to be transferred each year to the Major Risk Medical Insurance Fund and to be used, upon appropriation by the Legislature, for purposes of the Major Risk Medical Insurance Program. This bill would expand the eligibility for loan repayment funds under the Steven M. Thompson Physician Corps Loan Repayment Program to include those physicians providing psychiatric services. The bill would provide that continuously appropriated funds deposited into the Medically Underserved Account for Physicians shall not be made available under the Steven M. Thompson Physician Corps Loan Repayment Program to fund the repayment of loans for those physicians providing psychiatric services or those physicians whose primary specialty is psychiatry, as specified. The bill would instead require, after the first $1,000,000 is transferred from the Managed Care Administrative Fines and Penalties Fund to the Medically Underserved Account for Physicians, $1,000,000 to be transferred each year to the Major Risk Medical Insurance Fund to be used, upon appropriation by the Legislature, for the Major Risk Medical Insurance Program. The bill would require any amount remaining over the amounts transferred to the Medically Underserved Account for Physicians and the Major Risk Medical Insurance Fund to be transferred each year to the Medically Underserved Account for Physicians to be used, upon appropriation by the Legislature, for the Steven M. Thompson Physician Corps Loan Repayment Program, and provide that one-half of these moneys are to be used may be prioritized to fund the repayment of loans for those physicians providing psychiatric services or those physicians whose primary specialty is psychiatry program applicants who are trained in, and practice, psychiatry, under the Steven M. Thompson Physician Corps Loan Repayment Program. The bill would also delete a reference to an obsolete program and make other technical, nonsubstantive changes.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1341.45 of the Health and Safety Code is amended to read: 1341.45. (a) There is hereby created in the State Treasury the Managed Care Administrative Fines and Penalties Fund. (b) The fines and administrative penalties collected pursuant to this chapter, on and after September 30, 2008, shall be deposited into the Managed Care Administrative Fines and Penalties Fund. (c) The fines and administrative penalties deposited into the Managed Care Administrative Fines and Penalties Fund shall be transferred by the department, annually, as follows: (1) The first one million dollars ($1,000,000) shall be transferred to the Medically Underserved Account for Physicians within the Health Professions Education Fund and shall, upon appropriation by the Legislature, be used for the purposes of the Steven M. Thompson Physician Corps Loan Repayment Program, as specified in Article 5 (commencing with Section 128550) of Chapter 5 of Part 3 of Division 107 and, notwithstanding Section 128555, shall not be used to provide funding for the Physician Volunteer Program. (2) Until January 1, 2017, any amount over the first one million dollars ($1,000,000), including accrued interest, in the fund shall be transferred to the Major Risk Medical Insurance Fund continued pursuant to Section 15893 of the Welfare and Institutions Code and shall, upon appropriation by the Legislature, be used for the Major Risk Medical Insurance Program for the purposes specified in Section 15894 of the Welfare and Institutions Code. (3) On and after January 1, 2017, and annually thereafter, the second one million dollars ($1,000,000) shall be transferred to the Major Risk Medical Insurance Fund continued pursuant to Section 15893 of the Welfare and Institutions Code and shall, upon appropriation by the Legislature, be used for the Major Risk Medical Insurance Program for the purposes specified in Section 15894 of the Welfare and Institutions Code. (4) (A) On and after January 1, 2017 any amount over the first two million dollars ($2,000,000), including accrued interest, in the fund shall be transferred to the Medically Underserved Account for Physicians within the Health Professions Education Fund and shall, upon appropriation by the Legislature, and subject to subparagraph (B), be used for the purposes of the Steven M. Thompson Physician Corps Loan Repayment Program, as specified in Article 5 (commencing with Section 128550) of Chapter 5 of Part 3 of Division 107 and, notwithstanding Section 128555, shall not be used to provide funding for the Physician Volunteer Program. (B) One-half Up to one-half of the moneys deposited into the Medically Underserved Account for Physicians within the Health Professions Education Fund under this paragraph shall, upon appropriation by the Legislature, be used may be prioritized to fund the repayment of loans loans pursuant to paragraph (2) of subdivision (d) of Section 128553 for those physicians providing psychiatric services or those physicians whose primary specialty is psychiatry program applicants who are trained in, and practice, psychiatry, under the Steven M. Thompson Physician Corps Loan Repayment Program, as specified in Article Program (Article 5 (commencing with Section 128550) of Chapter 5 of Part 3 of Division 107. 107). (d) Notwithstanding subdivision (b) of Section 1356 and Section 1356.1, the fines and administrative penalties authorized pursuant to this chapter shall not be used to reduce the assessments imposed on health care service plans pursuant to Section 1356. SEC. 2. Section 128551 of the Health and Safety Code is amended to read: 128551. (a) It is the intent of this article that the Health Professions Education Foundation and the office provide the ongoing program management of the two programs identified in subdivision (b) of Section 128550 as a part of the California Physician Corps Program. (b) For purposes of subdivision (a), the foundation shall consult with the Medical Board of California, Office of Statewide Health Planning and Development, and shall establish and consult with an advisory committee of not more than seven members, that shall include two members recommended by the California Medical Association and may include other members of the medical community, including ethnic representatives, medical schools, health advocates representing ethnic communities, primary care clinics, public hospitals, and health systems, statewide agencies administering state and federally funded programs targeting underserved communities, and members of the public with expertise in health care issues. SEC. 3. Section 128552 of the Health and Safety Code is amended to read: 128552. For purposes of this article, the following definitions shall apply: (a) “Account” means the Medically Underserved Account for Physicians established within the Health Professions Education Fund pursuant to this article. (b) “Foundation” means the Health Professions Education Foundation. (c) “Fund” means the Health Professions Education Fund. (d) “Medi-Cal threshold languages” means primary languages spoken by limited-English-proficient (LEP) population groups meeting a numeric threshold of 3,000, eligible LEP Medi-Cal beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP beneficiaries residing in a single ZIP Code, or 1,500 LEP Medi-Cal beneficiaries residing in two contiguous ZIP Codes. (e) “Medically underserved area” means an area defined as a health professional shortage area in Part 5 (commencing with Section 5.1) of Subchapter A of Chapter 1 of Title 42 of the Code of Federal Regulations or an area of the state where unmet priority needs for physicians exist as determined by the California Healthcare Workforce Policy Commission pursuant to Section 128225. (f) “Medically underserved population” means the Medi-Cal program and uninsured populations. (g) “Office” means the Office of Statewide Health Planning and Development (OSHPD). (h) “Physician Volunteer Program” means the Physician Volunteer Registry Program established by the Medical Board of California. (i) “Practice setting,” for the purposes of this article only, means either of the following: (1) A community clinic as defined in subdivision (a) of Section 1204 and subdivision (c) of Section 1206, a clinic owned or operated by a public hospital and health system, or a clinic owned and operated by a hospital that maintains the primary contract with a county government to fulfill the county’s role pursuant to Section 17000 of the Welfare and Institutions Code, which is located in a medically underserved area and at least 50 percent of whose patients are from a medically underserved population. (2) A physician owned and operated medical practice setting that provides primary care or psychiatric services located in a medically underserved area and has a minimum of 50 percent of patients who are uninsured, Medi-Cal beneficiaries, or beneficiaries of another publicly funded program that serves patients who earn less than 250 percent of the federal poverty level. (j) “Primary specialty” means family practice, internal medicine, pediatrics, psychiatry, or obstetrics/gynecology. (k) “Program” means the Steven M. Thompson Physician Corps Loan Repayment Program. (l) “Selection committee” means a minimum three-member committee of the board, that includes a member that was appointed by the Medical Board of California. SEC. 4. Section 128555.5 is added to the Health and Safety Code , to read: 128555.5. Notwithstanding subdivision (e) of Section 128555, funds deposited into the Medically Underserved Account for Physicians shall not be made available to fund the repayment of loans under the Steven M. Thompson Physician Corps Loan Repayment Program for those physicians providing psychiatric services or those physicians whose primary specialty is psychiatry, except as provided in subparagraph (B) of paragraph (4) of subdivision (c) of Section 1341.45. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 254.5 of the Revenue and Taxation Code is amended to read: 254.5. (a) Claims for the welfare exemption and the veterans’ organization exemption shall be filed on or before February 15 of each year with the assessor. The assessor may not approve a property tax exemption claim until the claimant has been issued a valid organizational clearance certificate pursuant to Section 254.6. Financial statements shall be submitted only if requested in writing by the assessor. (b) (1) The assessor shall review all claims for the welfare exemption to ascertain whether the property on which the exemption is claimed meets the requirements of Section 214. The assessor shall also review all claims for the veterans’ organization exemption to ascertain whether the property on which the exemption is claimed meets the requirements of Section 215.1. In this connection, the assessor shall consider, among other matters, whether: (A) Any capital investment of the owner or operator for expansion of a physical plant is justified by the contemplated return thereon, and required to serve the interests of the community. (B) The property on which the exemption is claimed is used for the actual operation of an exempt activity and does not exceed an amount of property reasonably necessary to the accomplishment of the exempt purpose. (2) The assessor may institute an audit or verification of the operations of the owner or operator of the applicant’s property to ascertain whether both the owner and operator meet the requirements of Section 214. (c) (1) The assessor may deny a claim for the welfare exemption on a property, notwithstanding that the claimant has been granted an organizational clearance certificate by the board. (2) If the assessor finds that the claimant’s property is ineligible for the welfare exemption or the veterans’ organization exemption, the assessor shall notify the claimant in writing of all of the following: (A) That the property is ineligible for the exemption. (B) That the claimant may seek a refund of property taxes paid by filing a refund claim with the county. (C) That if the claimant’s refund claim with the county is denied, the claimant may file a refund action in superior court. (d) Notwithstanding subdivision (a), an applicant, granted a welfare exemption and owning any property exempted pursuant to Section 214.15 or Section 231, shall not be required to reapply for the welfare exemption in any subsequent year in which there has been no transfer of, or other change in title to, the exempted property and the property is used exclusively by a governmental entity or by a nonprofit corporation described in Section 214.15 for its interest and benefit. The applicant shall notify the assessor on or before February 15 if, on or before the preceding lien date, the applicant became ineligible for the welfare exemption or if, on or before that lien date, the property was no longer owned by the applicant or otherwise failed to meet all requirements for the welfare exemption. Prior to the lien date, the assessor shall annually mail a notice to every applicant relieved of the requirement of filing an annual application by this subdivision. The notice shall be in a form and contain that information that the board may prescribe, after consultation with the California Assessors’ Association, and shall set forth the circumstances under which the property may no longer be eligible for exemption, and advise the applicant of the duty to inform the assessor if the property is no longer eligible for exemption. The notice shall inform any applicant desiring to maintain eligibility for the welfare exemption under Section 214.15 or Section 231 for the next fiscal year of the procedure to reaffirm exemption eligibility. The failure to reaffirm eligibility for the exemption does not of itself constitute a waiver of exemption as called for by the California Constitution, but may result in additional contact by the assessor to verify exempt activity. (e) Upon any indication that a welfare exemption or veterans’ organization exemption on the property has been incorrectly granted, the assessor shall redetermine eligibility for the exemption. If the assessor determines that the property, or any portion thereof, is no longer eligible for the exemption, he or she shall immediately cancel the exemption on so much of the property as is no longer eligible for the exemption. (f) If a welfare exemption or veterans’ organization exemption on the property has been incorrectly allowed, an escape assessment as provided by Article 4 (commencing with Section 531) of Chapter 3 in the amount of the exemption, with interest as provided in Section 506, shall be made, and a penalty shall be assessed for any failure to notify the assessor as required by this section in an amount equaling 10 percent of the escape assessment, but may not exceed two hundred fifty dollars ($250). (g) Pursuant to Section 15640 of the Government Code, the board shall review the assessor’s administration of the welfare exemption and the veterans’ organization exemption as part of the board’s survey of the county assessment roll to ensure the proper administration of the exemption. SEC. 2. Section 1840 of the Revenue and Taxation Code is amended to read: 1840. If any county, city and county, or municipal corporation desires to secure a review, equalization, or adjustment of the assessment of its property by the board pursuant to subdivision (g) of Section 11 of Article XIII of the California Constitution, it shall apply to the board for that review, equalization, or adjustment in writing on or before November 30. If the assessment objected to is one made outside the regular period for those assessments, the application for review shall be filed with the board within 60 days from the date the tax bill is mailed to the assessee. Every application shall show the facts claimed to require action of the board, and a copy of the application shall be filed with the assessor whose assessment is questioned. Upon receipt of a timely application, the board shall afford the applicant notice and a hearing in accordance with any rules and regulations as the board may prescribe. The failure to file a timely application shall bar the applicant from relief under subdivision (g) of Section 11 of Article XIII or this section. SEC. 3. Section 4674 of the Revenue and Taxation Code is amended to read: 4674. Any excess in the proceeds deposited in the delinquent tax sale trust fund remaining after satisfaction of the amounts distributed under Sections 4672, 4672.1, 4672.2, 4673, and 4673.1 shall be retained in the fund on account of, and may be claimed by parties of interest in the property as provided in, Section 4675. At the expiration of the period specified in subdivision (e) of Section 4675, any excess proceeds not claimed under Section 4675 may be transferred to the county general fund of the county by the county auditor, except that prior to the transfer, the county may deduct those costs of maintaining the redemption and tax-defaulted property files, and those costs of administering and processing the claims for excess proceeds, that have not been recovered under any other law.

Existing law relieves applicants granted a welfare exemption and owning certain exempt property from reapplying for the welfare exemption in any subsequent year in which there has been no transfer of, or other change in title to, the exempted property and the property is used exclusively by a governmental entity or by a nonprofit corporation, as specified. Existing law requires the assessor to annually mail a notice to every applicant relieved of the requirement of filing an annual application as so described and requires the notice to be in a form and contain that information that the State Board of Equalization may prescribe. Existing law also requires the notice to include a card that is to be returned to the assessor by an applicant desiring to maintain eligibility for the welfare exemption. This bill would instead require the State Board of Equalization to prescribe the form and content of the notice after consultation with the California Assessors’ Association. The bill would eliminate the requirement that the notice include a card and would instead require the notice to inform any applicant desiring to maintain eligibility for the welfare exemption for the next fiscal year of the procedure to reaffirm exemption eligibility. The California Constitution generally exempts real property that is owned by a local government from property taxation, but provides that real property owned by a local government that is located outside its boundaries is taxable if it was taxable when acquired. Existing law authorizes a county, city and county, or municipal corporation that owns taxable property to apply to the State Board of Equalization for a review, equalization, or adjustment of a property tax assessment relating to this publicly owned property. Existing law requires that this application be submitted to the board on or before the later of either July 20 or within 2 weeks of the date upon which a county assessor delivers the local roll containing that assessment to the county auditor. This bill would instead require that this application be submitted to the board on or before November 30. Existing law generally authorizes a county tax collector to sell tax-defaulted property 5 years or more, or 3 years or more, as applicable, after that property has become tax defaulted. Existing law requires the proceeds from the sale of tax-defaulted property to be deposited in the delinquent tax sale trust fund and requires the proceeds in the fund to be distributed in a specified manner. Existing law requires any excess proceeds remaining in the delinquent tax sale trust fund after distribution of the proceeds to be retained in the fund subject to being claimed by parties of interest, as provided. Existing law, at the expiration of a specified time period, authorizes any excess proceeds not claimed to be transferred to the county general fund. This bill would authorize the county to deduct certain costs prior to transferring any excess proceeds not claimed to the county general fund.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 254.5 of the Revenue and Taxation Code is amended to read: 254.5. (a) Claims for the welfare exemption and the veterans’ organization exemption shall be filed on or before February 15 of each year with the assessor. The assessor may not approve a property tax exemption claim until the claimant has been issued a valid organizational clearance certificate pursuant to Section 254.6. Financial statements shall be submitted only if requested in writing by the assessor. (b) (1) The assessor shall review all claims for the welfare exemption to ascertain whether the property on which the exemption is claimed meets the requirements of Section 214. The assessor shall also review all claims for the veterans’ organization exemption to ascertain whether the property on which the exemption is claimed meets the requirements of Section 215.1. In this connection, the assessor shall consider, among other matters, whether: (A) Any capital investment of the owner or operator for expansion of a physical plant is justified by the contemplated return thereon, and required to serve the interests of the community. (B) The property on which the exemption is claimed is used for the actual operation of an exempt activity and does not exceed an amount of property reasonably necessary to the accomplishment of the exempt purpose. (2) The assessor may institute an audit or verification of the operations of the owner or operator of the applicant’s property to ascertain whether both the owner and operator meet the requirements of Section 214. (c) (1) The assessor may deny a claim for the welfare exemption on a property, notwithstanding that the claimant has been granted an organizational clearance certificate by the board. (2) If the assessor finds that the claimant’s property is ineligible for the welfare exemption or the veterans’ organization exemption, the assessor shall notify the claimant in writing of all of the following: (A) That the property is ineligible for the exemption. (B) That the claimant may seek a refund of property taxes paid by filing a refund claim with the county. (C) That if the claimant’s refund claim with the county is denied, the claimant may file a refund action in superior court. (d) Notwithstanding subdivision (a), an applicant, granted a welfare exemption and owning any property exempted pursuant to Section 214.15 or Section 231, shall not be required to reapply for the welfare exemption in any subsequent year in which there has been no transfer of, or other change in title to, the exempted property and the property is used exclusively by a governmental entity or by a nonprofit corporation described in Section 214.15 for its interest and benefit. The applicant shall notify the assessor on or before February 15 if, on or before the preceding lien date, the applicant became ineligible for the welfare exemption or if, on or before that lien date, the property was no longer owned by the applicant or otherwise failed to meet all requirements for the welfare exemption. Prior to the lien date, the assessor shall annually mail a notice to every applicant relieved of the requirement of filing an annual application by this subdivision. The notice shall be in a form and contain that information that the board may prescribe, after consultation with the California Assessors’ Association, and shall set forth the circumstances under which the property may no longer be eligible for exemption, and advise the applicant of the duty to inform the assessor if the property is no longer eligible for exemption. The notice shall inform any applicant desiring to maintain eligibility for the welfare exemption under Section 214.15 or Section 231 for the next fiscal year of the procedure to reaffirm exemption eligibility. The failure to reaffirm eligibility for the exemption does not of itself constitute a waiver of exemption as called for by the California Constitution, but may result in additional contact by the assessor to verify exempt activity. (e) Upon any indication that a welfare exemption or veterans’ organization exemption on the property has been incorrectly granted, the assessor shall redetermine eligibility for the exemption. If the assessor determines that the property, or any portion thereof, is no longer eligible for the exemption, he or she shall immediately cancel the exemption on so much of the property as is no longer eligible for the exemption. (f) If a welfare exemption or veterans’ organization exemption on the property has been incorrectly allowed, an escape assessment as provided by Article 4 (commencing with Section 531) of Chapter 3 in the amount of the exemption, with interest as provided in Section 506, shall be made, and a penalty shall be assessed for any failure to notify the assessor as required by this section in an amount equaling 10 percent of the escape assessment, but may not exceed two hundred fifty dollars ($250). (g) Pursuant to Section 15640 of the Government Code, the board shall review the assessor’s administration of the welfare exemption and the veterans’ organization exemption as part of the board’s survey of the county assessment roll to ensure the proper administration of the exemption. SEC. 2. Section 1840 of the Revenue and Taxation Code is amended to read: 1840. If any county, city and county, or municipal corporation desires to secure a review, equalization, or adjustment of the assessment of its property by the board pursuant to subdivision (g) of Section 11 of Article XIII of the California Constitution, it shall apply to the board for that review, equalization, or adjustment in writing on or before November 30. If the assessment objected to is one made outside the regular period for those assessments, the application for review shall be filed with the board within 60 days from the date the tax bill is mailed to the assessee. Every application shall show the facts claimed to require action of the board, and a copy of the application shall be filed with the assessor whose assessment is questioned. Upon receipt of a timely application, the board shall afford the applicant notice and a hearing in accordance with any rules and regulations as the board may prescribe. The failure to file a timely application shall bar the applicant from relief under subdivision (g) of Section 11 of Article XIII or this section. SEC. 3. Section 4674 of the Revenue and Taxation Code is amended to read: 4674. Any excess in the proceeds deposited in the delinquent tax sale trust fund remaining after satisfaction of the amounts distributed under Sections 4672, 4672.1, 4672.2, 4673, and 4673.1 shall be retained in the fund on account of, and may be claimed by parties of interest in the property as provided in, Section 4675. At the expiration of the period specified in subdivision (e) of Section 4675, any excess proceeds not claimed under Section 4675 may be transferred to the county general fund of the county by the county auditor, except that prior to the transfer, the county may deduct those costs of maintaining the redemption and tax-defaulted property files, and those costs of administering and processing the claims for excess proceeds, that have not been recovered under any other law. ### Summary: This bill would amend Sections 1840 and 4674 of the Revenue and Taxation Code, relating to property tax. ### Fiscal Effect

The people of the State of California do enact as follows: SECTION 1. Section 42010 of the Revenue and Taxation Code is amended to read: 42010. (a) (1) On and after January 1, 2016, a prepaid MTS surcharge shall be imposed on each prepaid consumer and shall be collected by a seller from each prepaid consumer at the time of each retail transaction in this state. The prepaid MTS surcharge shall be imposed as a percentage of the sales price of each retail transaction that occurs in this state. (2) The prepaid MTS surcharge shall be in lieu of any charges imposed pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) and the Public Utilities Commission surcharges for prepaid mobile telephony services. (b) The prepaid MTS surcharge shall be annually calculated by the board by no later than November 1 of each year commencing November 1, 2015, by adding the following: (1) The surcharge rate reported pursuant to subdivision (d) of Section 41030. (2) The Public Utilities Commission’s reimbursement fee and telecommunications universal service surcharges, established by the Public Utilities Commission pursuant to subdivisions (b) and (c) of Section 319 of the Public Utilities Code. (c) (1) The board shall post, for each local jurisdiction, the combined total of the rates of prepaid MTS surcharge and the rate or rates of local charges, as calculated pursuant to Sections 42102 and 42102.5, that each local jurisdiction has adopted, not later than December 1 of each year, on its Internet Web site. The posted combined rate shall be the rate that applies to all retail transactions during the calendar year beginning April 1 following the posting. (2) Notwithstanding paragraph (1), if a local agency notifies the board pursuant to subdivision (d) of Section 42101.5 that the posted rate is inaccurate or it no longer imposes a local charge or local charges or that the rate of its local charge or local charges has decreased, the board shall promptly post a recalculated rate that is applicable to the jurisdiction of that local agency. The change shall become operative on the first day of the calendar quarter commencing more than 60 days from the date the local agency notifies the board of the inaccuracy or that it no longer imposes a local charge or that the rate of its local charge has decreased. Nothing in this section modifies the notice obligations of Section 799 of the Public Utilities Code. However, beginning January 1, 2016, the notification and implementation requirements of paragraphs (5) and (6) of subdivision (a) of Section 799 of the Public Utilities Code shall not apply to prepaid mobile telephony services. (3) The board shall also separately post on its Internet Web site the individual rates for each of the following: (A) Each of the Public Utilities Commission surcharges that make up the Public Utilities Commission surcharge portion of the prepaid MTS surcharge, as reported pursuant to Section 319 of the Public Utilities Code. (B) The rate for the emergency telephone users surcharge reported pursuant to subdivision (d) of Section 41030. (C) Each of the individual local charges reported pursuant to Section 42101.5. (4) A seller collecting the prepaid MTS surcharge and local charges pursuant to this part and Part 21.1 (commencing with Section 42100) may rely upon the accuracy of the information posted on the board’s Internet Web site in collecting and remitting all amounts of the prepaid MTS surcharge and local charges. (d) (1) Except for amounts retained pursuant to subdivision (e), and except as provided in subdivision (f) for a seller that is a direct seller, all amounts of the prepaid MTS surcharge and local charges collected by sellers shall be remitted to the board pursuant to Chapter 3 (commencing with Section 42020). (2) A seller that is authorized to provide lifeline service under the state lifeline program or federal lifeline program, that sells prepaid mobile telephony services directly to the prepaid customer, shall remit the prepaid MTS surcharge to the board, less any applicable exemption from the surcharge that is applicable to the retail transaction pursuant to Section 42012. (e) A seller that is not a direct seller shall be permitted to deduct and retain an amount equal to 2 percent of the amounts that are collected by the seller from prepaid consumers for the prepaid MTS surcharge and local charges, on a pro rata basis, according to that portion of the revenues collected by the seller for each of the following: (1) The emergency telephone users surcharge. (2) The Public Utilities Commission surcharges. (3) Local charges. (f) A direct seller shall remit the prepaid MTS surcharge and local charges as follows: (1) That portion of the prepaid MTS surcharge that consists of the Public Utilities Commission surcharges shall be remitted to the commission with those reports required by the commission. The amounts remitted to the Public Utilities Commission pursuant to this paragraph shall be deposited into the respective universal service funds created pursuant to Chapter 1.5 (commencing with Section 270) of Part 1 of Division 1 of the Public Utilities Code and to the Public Utilities Commission Utilities Reimbursement Account described in Chapter 2.5 (commencing with Section 401) of Part 1 of Division 1 of the Public Utilities Code. (2) That portion of the prepaid MTS surcharge that consists of the emergency telephone users surcharge shall be remitted to the board pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) for those retail transactions with a prepaid consumer in the state, with a return filed with the board using electronic media. The amount remitted to the board pursuant to this paragraph shall be deposited into the State Emergency Telephone Number Account in the General Fund. (3) Local charges, if applicable, shall be remitted to the local jurisdiction or local agency imposing the local charge. Remittance of the local charges shall be separately identified from any other local taxes or other charges that are remitted to the local jurisdiction or local entity imposing the local tax or other charge. The amounts remitted to the local jurisdiction or local agency imposing the local charge pursuant to this paragraph shall be deposited into the respective local jurisdiction or local agency account. (g) A direct seller shall utilize the amounts posted by the board pursuant to subdivision (c) when determining what amounts to remit to the Public Utilities Commission, the board, and each local jurisdiction or local agency. (h) A prepaid MTS provider shall offer prepaid consumers the option to make payment for additional prepaid usage directly to the prepaid MTS provider at the provider’s retail location or Internet Web site. (i) The amount of the combined prepaid MTS surcharge and local charges shall be separately stated on an invoice, receipt, or other similar document that is provided to the prepaid consumer of mobile telephony services by the seller, or otherwise disclosed electronically to the prepaid consumer, at the time of the retail transaction. (j) The prepaid MTS surcharge that is required to be collected by a seller and any amount unreturned to the prepaid consumer of mobile telephony services that is not owed as part of the surcharge, but was collected from the prepaid consumer under the representation by the seller that it was owed as part of the surcharge, constitute debts owed by the seller to this state. The local charge that is required to be collected by a seller and any amounts unreturned to the prepaid consumer of mobile telephony services that are not owed as part of the local charge, but that were collected from the prepaid consumer under the representation by the seller that they were owed as part of the local charge, constitute debts owed by the seller jointly to the state, for purposes of collection on behalf of, and payment to, the local jurisdiction and to the local jurisdiction imposing that local charge. (k) A seller that has collected any amount of prepaid MTS surcharge and local charges in excess of the amount of the surcharge imposed by this part and actually due from a prepaid consumer may refund that amount to the prepaid consumer, even though the surcharge amount has already been paid over to the board and no corresponding credit or refund has yet been secured. Any seller making a refund of any charge to a prepaid consumer may repay therewith the amount of the surcharge paid. (l) (1) Every prepaid consumer of mobile telephony services in this state is liable for the prepaid MTS surcharge and any local charges until they have been paid to this state, except that payment to a seller registered under this part relieves the prepaid consumer from further liability for the surcharge and local charges. Any surcharge collected from a prepaid consumer that has not been remitted to the board shall be a debt owed to the state by the person required to collect and remit the surcharge. Any local charge collected from a prepaid consumer that has not been remitted to the board shall be a debt owed jointly to the state, for purposes of collection on behalf of, and payment to, the local jurisdiction and to the local jurisdiction imposing the local charge by the person required to collect and remit the local charge. Nothing in this part shall impose any obligation upon a seller to take any legal action to enforce the collection of the surcharge or local charge imposed by this section. (2) A credit shall be allowed against, but shall not exceed, the prepaid MTS surcharge and local charges imposed on any prepaid consumer of mobile telephony services by this part to the extent that the prepaid consumer has paid emergency telephone users charges, state utility regulatory commission fees, state universal service charges, or local charges on the purchase to any other state, political subdivision thereof, or the District of Columbia. The credit shall be apportioned to the charges against which it is allowed in proportion to the amounts of those charges. (m) (1) A seller is relieved from liability to collect the prepaid MTS surcharge imposed by this part that became due and payable, insofar as the base upon which the surcharge is imposed is represented by accounts that have been found to be worthless and charged off for income tax purposes by the seller or, if the seller is not required to file income tax returns, charged off in accordance with generally accepted accounting principles. A seller that has previously paid the surcharge may, under rules and regulations prescribed by the board, take as a deduction on its return the amount found worthless and charged off by the seller. If any such accounts are thereafter in whole or in part collected by the seller, the amount so collected shall be included in the first return filed after such collection and the surcharge shall be paid with the return. (2) The board may by regulation promulgate such other rules with respect to uncollected or worthless accounts as it shall deem necessary to the fair and efficient administration of this part. SEC. 2. Section 42014 of the Revenue and Taxation Code is amended to read: 42014. (a) For purposes of this part, a retail transaction occurs in the state under any of the following circumstances: (1) The prepaid consumer makes the retail transaction in person at a business location in the state (point-of-sale transaction). (2) If paragraph (1) is not applicable, the prepaid consumer’s address is in the state (known-address transaction). A known-address transaction occurs in the state under any of the following circumstances: (A) The retail sale involves shipping of an item to be delivered to, or picked up by, the prepaid consumer at a location in the state. (B) If the prepaid consumer’s address is known by the seller to be in the state, including if the seller’s records maintained in the ordinary course of business indicate that the prepaid consumer’s address is in the state and the records are not made or kept in bad faith. (C) The prepaid consumer provides an address during consummation of the retail transaction that is in the state, including an address provided with respect to the payment instrument if no other address is available and the address is not given in bad faith. (3) If an address is not available to the seller to determine whether any of the circumstances in paragraph (2) exist, the transaction will be deemed to be a known-address transaction occurring in this state if the mobile telephone number is associated with a location in this state. (b) (1) A retail transaction shall occur at only one location for purposes of determining local charges. If the retail transaction is a point-of-sale transaction, the consumption of, use of, or access to, the prepaid mobile telephony service shall be presumed to be at that location. (2) If the retail transaction is a known-address transaction, the location shall be as determined in descending order beginning with subparagraph (A) of paragraph (2) of subdivision (a); if subparagraph (A) of that paragraph is inapplicable, then pursuant to subparagraph (B) of that paragraph; if both subparagraphs (A) and (B) of that paragraph are inapplicable, then subparagraph (C) of that paragraph; and if subparagraphs (A), (B), and (C) of that paragraph are inapplicable, then paragraph (3) of subdivision (a). In a known-address transaction, the consumption of, use of, or access to, the prepaid mobile telephony service shall be presumed to be at the known address. (c) (1) A seller that relies in good faith on information provided by the board to match the location of a point-of-sale transaction to the applicable prepaid MTS surcharge amount and local charges, that collects that amount from the prepaid consumer, and that remits the amount to the board in compliance with this part, shall not be liable for any additional MTS surcharge or local charges and shall not be required to refund any amounts collected and paid to the board to the prepaid consumer. (2) For a known-address transaction, the seller may collect the prepaid MTS surcharge and local charges that correspond to the five-digit postal ZIP Code of the prepaid consumer’s address. A seller that, with due diligence and in good faith, relies on credible information to match the five-digit postal ZIP Code of the prepaid consumer’s address to the applicable prepaid MTS surcharge and local charges amount, that collects that amount from the prepaid consumer, and that remits the amount to the board in compliance with this part, shall not be liable for any additional MTS surcharge or local charges and shall not be required to refund any amounts collected and paid to the board to the prepaid consumer, even if the five-digit postal ZIP Code of the prepaid consumer’s address that the seller uses corresponds to more than one local charge. SEC. 3. Section 42022 of the Revenue and Taxation Code is amended to read: 42022. Every seller, except a seller that is not required to collect the prepaid MTS surcharge pursuant to Section 42010.7 and local charges pursuant to Section 42101.7, shall register with the board. Nothing in this section prevents a seller from registering with the board on a voluntary basis to collect and remit the surcharge even if the seller meets the de minimis sales threshold provided by Sections 42010.7 and 42101.7. The board shall establish a method for registration of sellers under this part that utilizes the existing registration process for a seller’s permit established pursuant to Section 6066 of the Sales and Use Tax Law (Part 1 (commencing with Section 6001)). Every application for registration shall be made upon a form prescribed by the board and shall set forth the name under which the applicant transacts or intends to transact business, the location of its place or places of business, and such other information as the board may require. An application for registration shall be authenticated in a form or pursuant to methods as may be prescribed by the board.

The Prepaid Mobile Telephony Services Surcharge Collection Act establishes a prepaid MTS surcharge, as defined, based upon a percentage of the sales price of each retail transaction that occurs in this state for prepaid mobile telephony services, as defined, that is imposed in lieu of any charges imposed pursuant to the Emergency Telephone Users Surcharge Act and specified Public Utility Commission surcharges. The act requires, on and after January 1, 2016, and before January 1, 2020, the prepaid MTS surcharge imposed by that act on a prepaid consumer to be collected by a seller, as defined, from each prepaid consumer at the time of each retail transaction that occurs in this state. The act specifies the circumstances for determining when a transaction occurs in the state. This bill would make correct an erroneous cross-reference and make minor revisions in the requirements relative to imposition of the prepaid MTS surcharge and the circumstances for determining when a transaction occurs in the state. The act requires every seller to register with the State Board of Equalization. The act, commencing January 1, 2017, exempts a seller, other than a direct seller, with de minimis sales of prepaid mobile telephony services of less than $15,000 during the previous calendar year from collecting the prepaid MTS surcharge, and requires the Department of Finance to annually review and adjust that de minimis sales threshold, as provided. This bill would exempt from the registration requirement those sellers with de minimis sales of prepaid mobile telephony services, but would not prevent those sellers from registering with the board on a voluntary basis to collect and remit the surcharge.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 42010 of the Revenue and Taxation Code is amended to read: 42010. (a) (1) On and after January 1, 2016, a prepaid MTS surcharge shall be imposed on each prepaid consumer and shall be collected by a seller from each prepaid consumer at the time of each retail transaction in this state. The prepaid MTS surcharge shall be imposed as a percentage of the sales price of each retail transaction that occurs in this state. (2) The prepaid MTS surcharge shall be in lieu of any charges imposed pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) and the Public Utilities Commission surcharges for prepaid mobile telephony services. (b) The prepaid MTS surcharge shall be annually calculated by the board by no later than November 1 of each year commencing November 1, 2015, by adding the following: (1) The surcharge rate reported pursuant to subdivision (d) of Section 41030. (2) The Public Utilities Commission’s reimbursement fee and telecommunications universal service surcharges, established by the Public Utilities Commission pursuant to subdivisions (b) and (c) of Section 319 of the Public Utilities Code. (c) (1) The board shall post, for each local jurisdiction, the combined total of the rates of prepaid MTS surcharge and the rate or rates of local charges, as calculated pursuant to Sections 42102 and 42102.5, that each local jurisdiction has adopted, not later than December 1 of each year, on its Internet Web site. The posted combined rate shall be the rate that applies to all retail transactions during the calendar year beginning April 1 following the posting. (2) Notwithstanding paragraph (1), if a local agency notifies the board pursuant to subdivision (d) of Section 42101.5 that the posted rate is inaccurate or it no longer imposes a local charge or local charges or that the rate of its local charge or local charges has decreased, the board shall promptly post a recalculated rate that is applicable to the jurisdiction of that local agency. The change shall become operative on the first day of the calendar quarter commencing more than 60 days from the date the local agency notifies the board of the inaccuracy or that it no longer imposes a local charge or that the rate of its local charge has decreased. Nothing in this section modifies the notice obligations of Section 799 of the Public Utilities Code. However, beginning January 1, 2016, the notification and implementation requirements of paragraphs (5) and (6) of subdivision (a) of Section 799 of the Public Utilities Code shall not apply to prepaid mobile telephony services. (3) The board shall also separately post on its Internet Web site the individual rates for each of the following: (A) Each of the Public Utilities Commission surcharges that make up the Public Utilities Commission surcharge portion of the prepaid MTS surcharge, as reported pursuant to Section 319 of the Public Utilities Code. (B) The rate for the emergency telephone users surcharge reported pursuant to subdivision (d) of Section 41030. (C) Each of the individual local charges reported pursuant to Section 42101.5. (4) A seller collecting the prepaid MTS surcharge and local charges pursuant to this part and Part 21.1 (commencing with Section 42100) may rely upon the accuracy of the information posted on the board’s Internet Web site in collecting and remitting all amounts of the prepaid MTS surcharge and local charges. (d) (1) Except for amounts retained pursuant to subdivision (e), and except as provided in subdivision (f) for a seller that is a direct seller, all amounts of the prepaid MTS surcharge and local charges collected by sellers shall be remitted to the board pursuant to Chapter 3 (commencing with Section 42020). (2) A seller that is authorized to provide lifeline service under the state lifeline program or federal lifeline program, that sells prepaid mobile telephony services directly to the prepaid customer, shall remit the prepaid MTS surcharge to the board, less any applicable exemption from the surcharge that is applicable to the retail transaction pursuant to Section 42012. (e) A seller that is not a direct seller shall be permitted to deduct and retain an amount equal to 2 percent of the amounts that are collected by the seller from prepaid consumers for the prepaid MTS surcharge and local charges, on a pro rata basis, according to that portion of the revenues collected by the seller for each of the following: (1) The emergency telephone users surcharge. (2) The Public Utilities Commission surcharges. (3) Local charges. (f) A direct seller shall remit the prepaid MTS surcharge and local charges as follows: (1) That portion of the prepaid MTS surcharge that consists of the Public Utilities Commission surcharges shall be remitted to the commission with those reports required by the commission. The amounts remitted to the Public Utilities Commission pursuant to this paragraph shall be deposited into the respective universal service funds created pursuant to Chapter 1.5 (commencing with Section 270) of Part 1 of Division 1 of the Public Utilities Code and to the Public Utilities Commission Utilities Reimbursement Account described in Chapter 2.5 (commencing with Section 401) of Part 1 of Division 1 of the Public Utilities Code. (2) That portion of the prepaid MTS surcharge that consists of the emergency telephone users surcharge shall be remitted to the board pursuant to the Emergency Telephone Users Surcharge Act (Part 20 (commencing with Section 41001)) for those retail transactions with a prepaid consumer in the state, with a return filed with the board using electronic media. The amount remitted to the board pursuant to this paragraph shall be deposited into the State Emergency Telephone Number Account in the General Fund. (3) Local charges, if applicable, shall be remitted to the local jurisdiction or local agency imposing the local charge. Remittance of the local charges shall be separately identified from any other local taxes or other charges that are remitted to the local jurisdiction or local entity imposing the local tax or other charge. The amounts remitted to the local jurisdiction or local agency imposing the local charge pursuant to this paragraph shall be deposited into the respective local jurisdiction or local agency account. (g) A direct seller shall utilize the amounts posted by the board pursuant to subdivision (c) when determining what amounts to remit to the Public Utilities Commission, the board, and each local jurisdiction or local agency. (h) A prepaid MTS provider shall offer prepaid consumers the option to make payment for additional prepaid usage directly to the prepaid MTS provider at the provider’s retail location or Internet Web site. (i) The amount of the combined prepaid MTS surcharge and local charges shall be separately stated on an invoice, receipt, or other similar document that is provided to the prepaid consumer of mobile telephony services by the seller, or otherwise disclosed electronically to the prepaid consumer, at the time of the retail transaction. (j) The prepaid MTS surcharge that is required to be collected by a seller and any amount unreturned to the prepaid consumer of mobile telephony services that is not owed as part of the surcharge, but was collected from the prepaid consumer under the representation by the seller that it was owed as part of the surcharge, constitute debts owed by the seller to this state. The local charge that is required to be collected by a seller and any amounts unreturned to the prepaid consumer of mobile telephony services that are not owed as part of the local charge, but that were collected from the prepaid consumer under the representation by the seller that they were owed as part of the local charge, constitute debts owed by the seller jointly to the state, for purposes of collection on behalf of, and payment to, the local jurisdiction and to the local jurisdiction imposing that local charge. (k) A seller that has collected any amount of prepaid MTS surcharge and local charges in excess of the amount of the surcharge imposed by this part and actually due from a prepaid consumer may refund that amount to the prepaid consumer, even though the surcharge amount has already been paid over to the board and no corresponding credit or refund has yet been secured. Any seller making a refund of any charge to a prepaid consumer may repay therewith the amount of the surcharge paid. (l) (1) Every prepaid consumer of mobile telephony services in this state is liable for the prepaid MTS surcharge and any local charges until they have been paid to this state, except that payment to a seller registered under this part relieves the prepaid consumer from further liability for the surcharge and local charges. Any surcharge collected from a prepaid consumer that has not been remitted to the board shall be a debt owed to the state by the person required to collect and remit the surcharge. Any local charge collected from a prepaid consumer that has not been remitted to the board shall be a debt owed jointly to the state, for purposes of collection on behalf of, and payment to, the local jurisdiction and to the local jurisdiction imposing the local charge by the person required to collect and remit the local charge. Nothing in this part shall impose any obligation upon a seller to take any legal action to enforce the collection of the surcharge or local charge imposed by this section. (2) A credit shall be allowed against, but shall not exceed, the prepaid MTS surcharge and local charges imposed on any prepaid consumer of mobile telephony services by this part to the extent that the prepaid consumer has paid emergency telephone users charges, state utility regulatory commission fees, state universal service charges, or local charges on the purchase to any other state, political subdivision thereof, or the District of Columbia. The credit shall be apportioned to the charges against which it is allowed in proportion to the amounts of those charges. (m) (1) A seller is relieved from liability to collect the prepaid MTS surcharge imposed by this part that became due and payable, insofar as the base upon which the surcharge is imposed is represented by accounts that have been found to be worthless and charged off for income tax purposes by the seller or, if the seller is not required to file income tax returns, charged off in accordance with generally accepted accounting principles. A seller that has previously paid the surcharge may, under rules and regulations prescribed by the board, take as a deduction on its return the amount found worthless and charged off by the seller. If any such accounts are thereafter in whole or in part collected by the seller, the amount so collected shall be included in the first return filed after such collection and the surcharge shall be paid with the return. (2) The board may by regulation promulgate such other rules with respect to uncollected or worthless accounts as it shall deem necessary to the fair and efficient administration of this part. SEC. 2. Section 42014 of the Revenue and Taxation Code is amended to read: 42014. (a) For purposes of this part, a retail transaction occurs in the state under any of the following circumstances: (1) The prepaid consumer makes the retail transaction in person at a business location in the state (point-of-sale transaction). (2) If paragraph (1) is not applicable, the prepaid consumer’s address is in the state (known-address transaction). A known-address transaction occurs in the state under any of the following circumstances: (A) The retail sale involves shipping of an item to be delivered to, or picked up by, the prepaid consumer at a location in the state. (B) If the prepaid consumer’s address is known by the seller to be in the state, including if the seller’s records maintained in the ordinary course of business indicate that the prepaid consumer’s address is in the state and the records are not made or kept in bad faith. (C) The prepaid consumer provides an address during consummation of the retail transaction that is in the state, including an address provided with respect to the payment instrument if no other address is available and the address is not given in bad faith. (3) If an address is not available to the seller to determine whether any of the circumstances in paragraph (2) exist, the transaction will be deemed to be a known-address transaction occurring in this state if the mobile telephone number is associated with a location in this state. (b) (1) A retail transaction shall occur at only one location for purposes of determining local charges. If the retail transaction is a point-of-sale transaction, the consumption of, use of, or access to, the prepaid mobile telephony service shall be presumed to be at that location. (2) If the retail transaction is a known-address transaction, the location shall be as determined in descending order beginning with subparagraph (A) of paragraph (2) of subdivision (a); if subparagraph (A) of that paragraph is inapplicable, then pursuant to subparagraph (B) of that paragraph; if both subparagraphs (A) and (B) of that paragraph are inapplicable, then subparagraph (C) of that paragraph; and if subparagraphs (A), (B), and (C) of that paragraph are inapplicable, then paragraph (3) of subdivision (a). In a known-address transaction, the consumption of, use of, or access to, the prepaid mobile telephony service shall be presumed to be at the known address. (c) (1) A seller that relies in good faith on information provided by the board to match the location of a point-of-sale transaction to the applicable prepaid MTS surcharge amount and local charges, that collects that amount from the prepaid consumer, and that remits the amount to the board in compliance with this part, shall not be liable for any additional MTS surcharge or local charges and shall not be required to refund any amounts collected and paid to the board to the prepaid consumer. (2) For a known-address transaction, the seller may collect the prepaid MTS surcharge and local charges that correspond to the five-digit postal ZIP Code of the prepaid consumer’s address. A seller that, with due diligence and in good faith, relies on credible information to match the five-digit postal ZIP Code of the prepaid consumer’s address to the applicable prepaid MTS surcharge and local charges amount, that collects that amount from the prepaid consumer, and that remits the amount to the board in compliance with this part, shall not be liable for any additional MTS surcharge or local charges and shall not be required to refund any amounts collected and paid to the board to the prepaid consumer, even if the five-digit postal ZIP Code of the prepaid consumer’s address that the seller uses corresponds to more than one local charge. SEC. 3. Section 42022 of the Revenue and Taxation Code is amended to read: 42022. Every seller, except a seller that is not required to collect the prepaid MTS surcharge pursuant to Section 42010.7 and local charges pursuant to Section 42101.7, shall register with the board. Nothing in this section prevents a seller from registering with the board on a voluntary basis to collect and remit the surcharge even if the seller meets the de minimis sales threshold provided by Sections 42010.7 and 42101.7. The board shall establish a method for registration of sellers under this part that utilizes the existing registration process for a seller’s permit established pursuant to Section 6066 of the Sales and Use Tax Law (Part 1 (commencing with Section 6001)). Every application for registration shall be made upon a form prescribed by the board and shall set forth the name under which the applicant transacts or intends to transact business, the location of its place or places of business, and such other information as the board may require. An application for registration shall be authenticated in a form or pursuant to methods as may be prescribed by the board. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>