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The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The Safe Neighborhoods and Schools Act, approved as Proposition 47 by the voters at the November 4, 2014, statewide general election (the act), made significant changes to the state’s criminal justice system by reducing the penalties for certain nonviolent, nonserious drug and property crimes. The act requires the state savings realized from these criminal justice changes to be deposited in the Safe Neighborhoods and Schools Fund and spent on prevention and support services with the intent of reducing crime, including truancy and dropout prevention. (b) The act requires 25 percent of the moneys deposited in the Safe Neighborhoods and Schools Fund to be allocated to the State Department of Education for administration of a grant program to reduce truancy and support pupils who are at risk of dropping out of school or who are victims of crime. (c) In accordance with the act, the funding provided to K–12 education should be used to help build the capacity of local educational agencies to identify and implement evidence-based, nonpunitive programs and practices to keep our most vulnerable pupils in school, consistent with each local educational agency’s local control and accountability plan, including, but not limited to, its goals for pupil engagement and school climate. (d) California needs to increase the knowledge base concerning which strategies are most effective for improving pupil success and eliminating the school-to-prison pipeline, including, but not necessarily limited to, providing resources to local educational agencies to establish community schools and address pupil attendance problems in kindergarten and grades 1 to 3, inclusive. One manner in which this can be accomplished is for the local educational agencies participating in the K–12 education grant program pursuant to the act to report and evaluate outcomes using multiple measures, while engaging in a broader community of practice that disseminates promising and proven strategies to local educational agencies statewide. SEC. 2. Article 10 (commencing with Section 33430) is added to Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code, to read: Article 10. The Learning Communities for School Success Program 33430. The Learning Communities for School Success Program is hereby established for the purpose of implementing, pursuant to paragraph (1) of subdivision (a) of Section 7599.2 of the Government Code, the K–12 education portion of the Safe Neighborhoods and Schools Act, as approved as Proposition 47 by the voters at the November 4, 2014, statewide general election. Through this program, the department shall administer grants and coordinate assistance to local educational agencies to support the local educational agencies in identifying and implementing evidence-based, nonpunitive programs and practices that are aligned with the goals for pupils contained in each of the local educational agency’s local control and accountability plan pursuant to Section 47606.5, 52060, or 52066, as applicable. 33431. (a) A local educational agency that chooses to apply for funding pursuant to this article shall submit an application to the department to receive a grant, in a format and by a date determined by the department. An application submitted to the department by a local educational agency shall include, at a minimum, all of the following: (1) Information about the pupil and school needs within the local educational agency. (2) The activities the local educational agency will undertake with the grant funding. (3) How the activities specified in paragraph (2) support the local educational agency’s goals for pupils contained in its local control and accountability plan. (4) How the local educational agency will measure outcomes associated with the activities specified in subdivision (e) and metrics reported in the local educational agency’s local control and accountability plan. (b) An application shall be for three years of grant funding. Consistent with the provisions of this article, the department may establish requirements for grantees to meet at the end of the first and second years of funding in order to receive funding for the remaining grant period. (c) The department shall determine eligibility for grants and the distribution of grant funding based on all of the following factors: (1) Pupil and school needs the local educational agency will address with the grant funds. (2) Number of pupils to be served with the grant funds. (3) Number, size, and type of participating schools within the local educational agency. (4) Any challenges the local educational agency experiences in building capacity for fulfilling the purposes of this article. (5) The unique characteristics of small school districts, given their challenges with economies of scale and access to services in rural locations. (d) (1) Before the initial application deadline, the department shall conduct targeted outreach to local educational agencies that are likely to be given priority pursuant to subdivision (b) of Section 33432 and shall offer the local educational agencies technical assistance as they develop their grant applications. (2) The department may provide technical assistance with application development to any local educational agency that requests assistance. This may include assistance from external entities the department may contract with as part of the training and technical assistance structure established pursuant to Section 33433. (e) The department shall issue application guidelines that include, at a minimum, information about the department’s plans for overall evaluation of the program considering the objectives identified in Section 33434. For purposes of facilitating program evaluation, the department, in consultation with the executive director of the state board, shall identify a set of measures and associated data sources that are deemed valid and reliable for measuring pupil and school outcomes and assessing the benefits of the program. (f) In meeting the requirements of this section, the department shall consult with stakeholders, including, but not limited to, representatives of local educational agencies, teachers and other school personnel, parents, advocacy organizations with experience working with target vulnerable populations, and parent- and youth-serving community-based organizations. It the intent of the Legislature that stakeholders provide input to the department on the design of the application and review process, including the size of the grant awards. The stakeholders shall not be involved in determining who will be awarded grants. 33432. (a) A local educational agency that receives a grant shall use the grant funds for planning, implementation, and evaluation of activities in support of evidence-based, nonpunitive programs and practices to keep the state’s most vulnerable pupils in school. These activities shall complement or enhance the actions and services identified to meet the local educational agency’s goals as identified in its local control and accountability plan pursuant to Section 47606.5, 52060, or 52066, as applicable. These activities may include, but are not limited to, all of the following: (1) Establishing a community school, as defined in Section 33435. (2) Implementing activities or programs to improve attendance and reduce chronic absenteeism, including, but not limited to, early warning systems or early intervention programs. (3) Implementing restorative practices, restorative justice models, or other programs to improve retention rates, reduce suspensions and other school removals, and reduce the referral of pupils to law enforcement agencies. (4) Implementing activities that advance social-emotional learning, positive behavior interventions and supports, culturally responsive practices, and trauma-informed strategies. (5) Establishing partnerships with community-based organizations or other relevant entities to support the implementation of evidence-based, nonpunitive approaches to further the goals of the program. (6) Adding or increasing staff within a local educational agency whose primary purpose is to address ongoing chronic attendance problems, including, but not necessarily limited to, conducting outreach to families and children currently, or at risk of becoming, chronically truant. (b) In selecting grant recipients pursuant to this article, the department shall give priority to a local educational agency that meets any of the following criteria: (1) (A) Has a high rate of chronic absenteeism, out-of-school suspension, or school dropout for the general pupil population or for a numerically significant pupil subgroup, as identified in a local control and accountability plan pursuant to paragraphs (2) and (3) of subdivision (a) of Section 52052. (B) For purposes of this paragraph, “high rate” means a rate that exceeds the state average. (2) Is located in a community with a high crime rate. (3) Has a significant representation of foster youth among its pupil enrollment. (c) A local educational agency that receives a grant shall provide a local contribution of matching expenditures equal to at least 20 percent of the total grant award. This local contribution can be from cash expenditures or in-kind contributions. A local educational agency is encouraged to exceed the 20-percent match requirement to enable the local educational agency to sustain the activities or programs established under this article beyond the three-year grant period. (d) A local educational agency that receives a grant shall use the grant funds to increase or improve services that the local educational agency currently provides for purposes specified in this article. (e) A local educational agency shall not use grant funds to pay for law enforcement activities, including personnel or equipment. 33433. (a) The department shall use the funding the Safe Neighborhoods and Schools Act authorizes for administrative costs pursuant to subdivision (b) of Section 7599.2 of the Government Code, which is no more than 5 percent of the annual funding the department receives from the Safe Neighborhoods and Schools Fund, for the administrative costs of implementing this article, including, but not limited to, administering grant awards, coordinating the training and technical assistance structure described in subdivision (b), and completing the evaluation pursuant to Section 33434. (b) The department shall establish a structure to deliver training and technical assistance to grantees using regional workshops and technical assistance providers that have expertise on pupil engagement, school climate, truancy reduction, and supporting pupils who are at risk of dropping out of school or who are victims of crime. The department may contract with those providers to assist the grantees as well as to serve as a resource for other local educational agencies that may use their own funding sources to engage in this community of practice. Technical assistance provided pursuant to this subdivision shall be consistent with the technical assistance provided to a local educational agency by the county superintendent of schools or the Superintendent, as appropriate, in the development of the local control and accountability plan. 33434. (a) A local educational agency that receives grant funding pursuant to this article shall evaluate and report to the governing board of the school district, the county board of education, or its chartering authority, as applicable, and the department the results of the activities it undertakes pursuant to this article. The department shall compile information from grantee reports as part of an overall evaluation of the grant program implementation. The department shall assess the benefits of participation in the program and identify the pupil and school outcomes associated with the strategies and programs implemented by grantees. The department shall submit an interim report of preliminary evaluation findings to the Legislature on or before January 31, 2019, and a final evaluation report to the Legislature on or before January 31, 2020. (b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 31, 2024. 33435. For purposes of this article, the following definitions apply: (a) “Community school” means a public school that participates in a community-based effort to coordinate and integrate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships with one or more community partners for the delivery of community services that may be provided at a schoolsite to pupils, families, and community members. (b) “Local educational agency” means a school district, county office of education, or charter school. 33436. This article shall not become operative unless funds are appropriated in the annual Budget Act or another statute to the Safe Neighborhoods and Schools Fund in accordance with the Safe Neighborhoods and Schools Act for the purposes specified in this article. SEC. 3. Sections 1 and 2 of this act shall become operative only if Senate Bill No. 527 of the 2015–16 Regular Session is chaptered and becomes operative on or before January 1, 2017.

Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, among other things, established the Safe Neighborhoods and Schools Fund, a continuously appropriated fund, which is funded by savings that accrue to the state from the implementation of the act. The act provides that, among other purposes, 25% of the funds shall be disbursed to the State Department of Education to administer a grant program to public agencies aimed at improving outcomes for public school pupils by reducing truancy and supporting pupils who are at risk of dropping out of school or are victims of crime. This bill would establish the Learning Communities for School Success Program for the purpose of implementing that grant program, subject to an appropriation to the Safe Neighborhoods and Schools Fund in the annual Budget Act or another statute for the purposes of the bill. The bill would specify the administrative duties and responsibilities of the department with respect to the program, including administering grants and coordinating assistance to local educational agencies, as defined. The bill would set forth criteria to guide the department in awarding grants under the program, and would specify the purposes for which grant funds may be used. The bill would require the department to submit a final evaluation of the program to the Legislature on or before January 31, 2020. These provisions would become operative only if SB 527 of the 2015–16 Regular Session is chaptered and becomes operative on or before January 1, 2017.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The Safe Neighborhoods and Schools Act, approved as Proposition 47 by the voters at the November 4, 2014, statewide general election (the act), made significant changes to the state’s criminal justice system by reducing the penalties for certain nonviolent, nonserious drug and property crimes. The act requires the state savings realized from these criminal justice changes to be deposited in the Safe Neighborhoods and Schools Fund and spent on prevention and support services with the intent of reducing crime, including truancy and dropout prevention. (b) The act requires 25 percent of the moneys deposited in the Safe Neighborhoods and Schools Fund to be allocated to the State Department of Education for administration of a grant program to reduce truancy and support pupils who are at risk of dropping out of school or who are victims of crime. (c) In accordance with the act, the funding provided to K–12 education should be used to help build the capacity of local educational agencies to identify and implement evidence-based, nonpunitive programs and practices to keep our most vulnerable pupils in school, consistent with each local educational agency’s local control and accountability plan, including, but not limited to, its goals for pupil engagement and school climate. (d) California needs to increase the knowledge base concerning which strategies are most effective for improving pupil success and eliminating the school-to-prison pipeline, including, but not necessarily limited to, providing resources to local educational agencies to establish community schools and address pupil attendance problems in kindergarten and grades 1 to 3, inclusive. One manner in which this can be accomplished is for the local educational agencies participating in the K–12 education grant program pursuant to the act to report and evaluate outcomes using multiple measures, while engaging in a broader community of practice that disseminates promising and proven strategies to local educational agencies statewide. SEC. 2. Article 10 (commencing with Section 33430) is added to Chapter 3 of Part 20 of Division 2 of Title 2 of the Education Code, to read: Article 10. The Learning Communities for School Success Program 33430. The Learning Communities for School Success Program is hereby established for the purpose of implementing, pursuant to paragraph (1) of subdivision (a) of Section 7599.2 of the Government Code, the K–12 education portion of the Safe Neighborhoods and Schools Act, as approved as Proposition 47 by the voters at the November 4, 2014, statewide general election. Through this program, the department shall administer grants and coordinate assistance to local educational agencies to support the local educational agencies in identifying and implementing evidence-based, nonpunitive programs and practices that are aligned with the goals for pupils contained in each of the local educational agency’s local control and accountability plan pursuant to Section 47606.5, 52060, or 52066, as applicable. 33431. (a) A local educational agency that chooses to apply for funding pursuant to this article shall submit an application to the department to receive a grant, in a format and by a date determined by the department. An application submitted to the department by a local educational agency shall include, at a minimum, all of the following: (1) Information about the pupil and school needs within the local educational agency. (2) The activities the local educational agency will undertake with the grant funding. (3) How the activities specified in paragraph (2) support the local educational agency’s goals for pupils contained in its local control and accountability plan. (4) How the local educational agency will measure outcomes associated with the activities specified in subdivision (e) and metrics reported in the local educational agency’s local control and accountability plan. (b) An application shall be for three years of grant funding. Consistent with the provisions of this article, the department may establish requirements for grantees to meet at the end of the first and second years of funding in order to receive funding for the remaining grant period. (c) The department shall determine eligibility for grants and the distribution of grant funding based on all of the following factors: (1) Pupil and school needs the local educational agency will address with the grant funds. (2) Number of pupils to be served with the grant funds. (3) Number, size, and type of participating schools within the local educational agency. (4) Any challenges the local educational agency experiences in building capacity for fulfilling the purposes of this article. (5) The unique characteristics of small school districts, given their challenges with economies of scale and access to services in rural locations. (d) (1) Before the initial application deadline, the department shall conduct targeted outreach to local educational agencies that are likely to be given priority pursuant to subdivision (b) of Section 33432 and shall offer the local educational agencies technical assistance as they develop their grant applications. (2) The department may provide technical assistance with application development to any local educational agency that requests assistance. This may include assistance from external entities the department may contract with as part of the training and technical assistance structure established pursuant to Section 33433. (e) The department shall issue application guidelines that include, at a minimum, information about the department’s plans for overall evaluation of the program considering the objectives identified in Section 33434. For purposes of facilitating program evaluation, the department, in consultation with the executive director of the state board, shall identify a set of measures and associated data sources that are deemed valid and reliable for measuring pupil and school outcomes and assessing the benefits of the program. (f) In meeting the requirements of this section, the department shall consult with stakeholders, including, but not limited to, representatives of local educational agencies, teachers and other school personnel, parents, advocacy organizations with experience working with target vulnerable populations, and parent- and youth-serving community-based organizations. It the intent of the Legislature that stakeholders provide input to the department on the design of the application and review process, including the size of the grant awards. The stakeholders shall not be involved in determining who will be awarded grants. 33432. (a) A local educational agency that receives a grant shall use the grant funds for planning, implementation, and evaluation of activities in support of evidence-based, nonpunitive programs and practices to keep the state’s most vulnerable pupils in school. These activities shall complement or enhance the actions and services identified to meet the local educational agency’s goals as identified in its local control and accountability plan pursuant to Section 47606.5, 52060, or 52066, as applicable. These activities may include, but are not limited to, all of the following: (1) Establishing a community school, as defined in Section 33435. (2) Implementing activities or programs to improve attendance and reduce chronic absenteeism, including, but not limited to, early warning systems or early intervention programs. (3) Implementing restorative practices, restorative justice models, or other programs to improve retention rates, reduce suspensions and other school removals, and reduce the referral of pupils to law enforcement agencies. (4) Implementing activities that advance social-emotional learning, positive behavior interventions and supports, culturally responsive practices, and trauma-informed strategies. (5) Establishing partnerships with community-based organizations or other relevant entities to support the implementation of evidence-based, nonpunitive approaches to further the goals of the program. (6) Adding or increasing staff within a local educational agency whose primary purpose is to address ongoing chronic attendance problems, including, but not necessarily limited to, conducting outreach to families and children currently, or at risk of becoming, chronically truant. (b) In selecting grant recipients pursuant to this article, the department shall give priority to a local educational agency that meets any of the following criteria: (1) (A) Has a high rate of chronic absenteeism, out-of-school suspension, or school dropout for the general pupil population or for a numerically significant pupil subgroup, as identified in a local control and accountability plan pursuant to paragraphs (2) and (3) of subdivision (a) of Section 52052. (B) For purposes of this paragraph, “high rate” means a rate that exceeds the state average. (2) Is located in a community with a high crime rate. (3) Has a significant representation of foster youth among its pupil enrollment. (c) A local educational agency that receives a grant shall provide a local contribution of matching expenditures equal to at least 20 percent of the total grant award. This local contribution can be from cash expenditures or in-kind contributions. A local educational agency is encouraged to exceed the 20-percent match requirement to enable the local educational agency to sustain the activities or programs established under this article beyond the three-year grant period. (d) A local educational agency that receives a grant shall use the grant funds to increase or improve services that the local educational agency currently provides for purposes specified in this article. (e) A local educational agency shall not use grant funds to pay for law enforcement activities, including personnel or equipment. 33433. (a) The department shall use the funding the Safe Neighborhoods and Schools Act authorizes for administrative costs pursuant to subdivision (b) of Section 7599.2 of the Government Code, which is no more than 5 percent of the annual funding the department receives from the Safe Neighborhoods and Schools Fund, for the administrative costs of implementing this article, including, but not limited to, administering grant awards, coordinating the training and technical assistance structure described in subdivision (b), and completing the evaluation pursuant to Section 33434. (b) The department shall establish a structure to deliver training and technical assistance to grantees using regional workshops and technical assistance providers that have expertise on pupil engagement, school climate, truancy reduction, and supporting pupils who are at risk of dropping out of school or who are victims of crime. The department may contract with those providers to assist the grantees as well as to serve as a resource for other local educational agencies that may use their own funding sources to engage in this community of practice. Technical assistance provided pursuant to this subdivision shall be consistent with the technical assistance provided to a local educational agency by the county superintendent of schools or the Superintendent, as appropriate, in the development of the local control and accountability plan. 33434. (a) A local educational agency that receives grant funding pursuant to this article shall evaluate and report to the governing board of the school district, the county board of education, or its chartering authority, as applicable, and the department the results of the activities it undertakes pursuant to this article. The department shall compile information from grantee reports as part of an overall evaluation of the grant program implementation. The department shall assess the benefits of participation in the program and identify the pupil and school outcomes associated with the strategies and programs implemented by grantees. The department shall submit an interim report of preliminary evaluation findings to the Legislature on or before January 31, 2019, and a final evaluation report to the Legislature on or before January 31, 2020. (b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 31, 2024. 33435. For purposes of this article, the following definitions apply: (a) “Community school” means a public school that participates in a community-based effort to coordinate and integrate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships with one or more community partners for the delivery of community services that may be provided at a schoolsite to pupils, families, and community members. (b) “Local educational agency” means a school district, county office of education, or charter school. 33436. This article shall not become operative unless funds are appropriated in the annual Budget Act or another statute to the Safe Neighborhoods and Schools Fund in accordance with the Safe Neighborhoods and Schools Act for the purposes specified in this article. SEC. 3. Sections 1 and 2 of this act shall become operative only if Senate Bill No. 527 of the 2015–16 Regular Session is chaptered and becomes operative on or before January 1, 2017. ### Summary: This bill would enact the Learning Communities for School Success Program, which would authorize the State Department of Education to administer grants to local educational agencies to support the local educational

The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares that it is necessary to provide the public the means to determine which charitable entities providing supportive services to veterans meet certain minimum standards of cultural competency and financial legitimacy. (b) It is the intent of the Legislature to establish a voluntary certification program whereby the Department of Veterans Affairs will certify that certain charitable entities providing supportive services to veterans meet minimum standards. (c) It is further the intent of the Legislature that the Secretary of the Department of Veterans Affairs consider whether it would be beneficial to the people of the State of California to, in the future, establish a uniform process for state contracting that provides a preference to entities certified by the department pursuant to Section 999.75 of the Military and Veterans Code under a state contract or grant for supportive services to veterans or their families. SEC. 2. Article 8 (commencing with Section 999.75) is added to Chapter 6 of Division 4 of the Military and Veterans Code, to read: Article 8. Veterans Preference For State Services Contracts 999.75. For purposes of this article, both of the following shall apply: (a) A “certified California veteran service provider” means an entity that is certified by the department as having an established history of providing supportive services and that meets all of the following requirements: (1) Provides at least three two of the following supportive services: housing assistance, health services, mental health services, small business assistance, employment services, and job training services to veterans and their families. (2) Demonstrates Demonstrates, through the submission of appropriate supporting data, that the veteran service provider has the knowledge, experience, and cultural competency to provide supportive services to veterans and their families. (3) Demonstrates through audits and employment history the fiscal and management capacity to capably perform supportive services to veterans and their families. (4) Is a nonprofit organization that is exempt from federal income taxation as an organization described in Section 501(c)(3) or Section 501(c)(19) of the Internal Revenue Code. (5) Demonstrates through the submission of appropriate supporting data that the entity has effectively served the needs of veteran or veteran family clients. veterans and their families. (6) Demonstrates that all required filings with the Secretary of State, the office of the Attorney General, and the Franchise Tax Board are current. Demonstrates that the entity meets or exceeds the provisions of Article 1.3 (commencing with Section 17510) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code and complies with the standards included in the Attorney General’s Guide for Charities. (b) A certified California veteran service provider shall provide to the department all of the following up-to-date documents upon application for certification and at any time during the certification period on request and reasonable notice by the department: (1) Articles of incorporation and all amendments to the articles of incorporation. (2) IRS Letter of Determination. (3) Taxpayer identification number. (4) Independent audit reports dating back three years. (c) (1) In order to obtain certification as a certified California veteran service provider, the applicant shall apply to the department, in a form and manner as required by the department. (2) Beginning July 1, 2017, January 1, 2018, the department shall begin processing and approving or rejecting all applications on the basis of the requirements set forth in subdivision (a). (d) The department shall maintain a list of certified California veteran service providers on its Internet Web site, including the type of supportive services provided by the providers. (e) On or before April 1, 2017, the department shall provide the Committee on Veterans Affairs in both houses of the Legislature with a progress report on the status of the regulations required by subdivision (d). Section 999.76. 999.76. (a) A certification approved by the department shall be valid for three years from the date the department accepts credentials for certification unless the department decertifies the certified California veteran service provider. (b) The department may accept current certifications and licenses from any other state entity, agency, or department in order to provide a certification of a certified California veteran service provider pursuant to Section 999.75. (c) The department may accept an organization’s status as a congressionally chartered veterans service organization as support for certification of a certified California veteran service provider pursuant to Section 999.75. (d) No later than July 1, 2017, the department shall adopt rules, procedures, and regulations as necessary to certify a veteran service provider, and to decertify a certified California veteran service provider prior to the expiration of a current certification when the certified California veteran service provider no longer meets the requirements set forth in Section 999.75. (e) The department shall adopt a fee to defray the department’s reasonable cost of certification, not to exceed seven hundred fifty dollars ($750).

Existing law provides for certain services, protections, and benefits for veterans. Existing law establishes a 3-percent participation goal for disabled veteran business enterprises in state procurement. This bill would allow entities meeting specified requirements to apply to the Department of Veterans Affairs to become certified California veteran service providers. The bill would require the department to maintain a list of certified California veteran service providers on its Internet Web site, including the type of supportive services provided by the providers. The bill would require that certification would remain valid for 3 years unless the entity is decertified by the department. The bill would require the department, no later than July 1, 2017, to adopt rules, procedures, and regulations as necessary to certify an entity, and to decertify an entity if it no longer meets the requirements to be a certified California veteran service provider. The bill would require the department to adopt a fee to defray the department’s reasonable cost of certification not to exceed $750.

<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 that it is necessary to provide the public the means to determine which charitable entities providing supportive services to veterans meet certain minimum standards of cultural competency and financial legitimacy. (b) It is the intent of the Legislature to establish a voluntary certification program whereby the Department of Veterans Affairs will certify that certain charitable entities providing supportive services to veterans meet minimum standards. (c) It is further the intent of the Legislature that the Secretary of the Department of Veterans Affairs consider whether it would be beneficial to the people of the State of California to, in the future, establish a uniform process for state contracting that provides a preference to entities certified by the department pursuant to Section 999.75 of the Military and Veterans Code under a state contract or grant for supportive services to veterans or their families. SEC. 2. Article 8 (commencing with Section 999.75) is added to Chapter 6 of Division 4 of the Military and Veterans Code, to read: Article 8. Veterans Preference For State Services Contracts 999.75. For purposes of this article, both of the following shall apply: (a) A “certified California veteran service provider” means an entity that is certified by the department as having an established history of providing supportive services and that meets all of the following requirements: (1) Provides at least three two of the following supportive services: housing assistance, health services, mental health services, small business assistance, employment services, and job training services to veterans and their families. (2) Demonstrates Demonstrates, through the submission of appropriate supporting data, that the veteran service provider has the knowledge, experience, and cultural competency to provide supportive services to veterans and their families. (3) Demonstrates through audits and employment history the fiscal and management capacity to capably perform supportive services to veterans and their families. (4) Is a nonprofit organization that is exempt from federal income taxation as an organization described in Section 501(c)(3) or Section 501(c)(19) of the Internal Revenue Code. (5) Demonstrates through the submission of appropriate supporting data that the entity has effectively served the needs of veteran or veteran family clients. veterans and their families. (6) Demonstrates that all required filings with the Secretary of State, the office of the Attorney General, and the Franchise Tax Board are current. Demonstrates that the entity meets or exceeds the provisions of Article 1.3 (commencing with Section 17510) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code and complies with the standards included in the Attorney General’s Guide for Charities. (b) A certified California veteran service provider shall provide to the department all of the following up-to-date documents upon application for certification and at any time during the certification period on request and reasonable notice by the department: (1) Articles of incorporation and all amendments to the articles of incorporation. (2) IRS Letter of Determination. (3) Taxpayer identification number. (4) Independent audit reports dating back three years. (c) (1) In order to obtain certification as a certified California veteran service provider, the applicant shall apply to the department, in a form and manner as required by the department. (2) Beginning July 1, 2017, January 1, 2018, the department shall begin processing and approving or rejecting all applications on the basis of the requirements set forth in subdivision (a). (d) The department shall maintain a list of certified California veteran service providers on its Internet Web site, including the type of supportive services provided by the providers. (e) On or before April 1, 2017, the department shall provide the Committee on Veterans Affairs in both houses of the Legislature with a progress report on the status of the regulations required by subdivision (d). Section 999.76. 999.76. (a) A certification approved by the department shall be valid for three years from the date the department accepts credentials for certification unless the department decertifies the certified California veteran service provider. (b) The department may accept current certifications and licenses from any other state entity, agency, or department in order to provide a certification of a certified California veteran service provider pursuant to Section 999.75. (c) The department may accept an organization’s status as a congressionally chartered veterans service organization as support for certification of a certified California veteran service provider pursuant to Section 999.75. (d) No later than July 1, 2017, the department shall adopt rules, procedures, and regulations as necessary to certify a veteran service provider, and to decertify a certified California veteran service provider prior to the expiration of a current certification when the certified California veteran service provider no longer meets the requirements set forth in Section 999.75. (e) The department shall adopt a fee to defray the department’s reasonable cost of certification, not to exceed seven hundred fifty dollars ($750). ### Summary: This bill establishes a voluntary certification program for charitable entities providing supportive services to veterans. The bill requires the Department of Veterans Affairs to certify that certain charitable entities providing supportive

The people of the State of California do enact as follows: SECTION 1. Section 60501 of the Revenue and Taxation Code is amended to read: 60501. Persons who have paid a tax for diesel fuel lost, sold, or removed as provided in paragraph (4) of subdivision (a), or used in a nontaxable use, other than on a farm for farming purposes or in an exempt bus operation, shall, except as otherwise provided in this part, be reimbursed and repaid the amount of the tax. (a) Except as otherwise provided in subdivision (b), a claim for refund with respect to diesel fuel is allowed under this section only if all of the following apply: (1) Tax was imposed on the diesel fuel to which the claim relates. (2) The claimant bought or produced the diesel fuel and did not sell or resell it in this state except as provided in paragraph (4). (3) The claimant has filed a timely claim for refund that contains the information required under subdivision (b) and the claim is supported by the original invoice or original invoice facsimile retained in an alternative storage media showing the purchase. If no original invoice was created, electronic invoicing shall be accepted as reflected by a computerized facsimile when accompanied by an original copy of the bill of lading or fuel manifest that can be directly tied to the electronic invoice. (4) The diesel fuel was any of the following: (A) Used for purposes other than operating motor vehicles upon the public highways of the state. (B) Exported for use outside of this state. Diesel fuel carried from this state in the fuel tank of a motor vehicle is not deemed to be exported from this state unless the diesel fuel becomes subject to tax as an import under the laws of the destination state. (C) Used in any construction equipment that is exempt from vehicle registration pursuant to the Vehicle Code, while operated within the confines and limits of a construction project. (D) Used in the operation of a motor vehicle on any highway that is under the jurisdiction of the United States Department of Agriculture and with respect to the use of the highway the claimant pays, or contributes to, the cost of construction or maintenance thereof pursuant to an agreement with, or permission of, the United States Department of Agriculture. (E) Used in any motor vehicle owned by any county, city and county, city, district, or other political subdivision or public agency when operated by it over any highway constructed and maintained by the United States or any department or agency thereof within a military reservation in this state. If the motor vehicle is operated both over the highway and over a public highway outside the military reservation in a continuous trip the tax shall not be refunded as to that portion of the diesel fuel used to operate the vehicle over the public highway outside the military reservation. Nothing contained in this section shall be construed as a refund of the tax for the use of diesel fuel in any motor vehicle operated upon a public highway within a military reservation, which highway is constructed or maintained by this state or any political subdivision thereof. As used in this section, “military reservation” includes any establishment of the United States Government or any agency thereof used by the Armed Forces of the United States for military, air, or naval operations, including research projects. (F) Sold by a supplier and which was sold to any consulate officer or consulate employee under circumstances which would have entitled the supplier to an exemption under paragraph (6) of subdivision (a) of Section 60100 if the supplier had sold the diesel fuel directly to the consulate officer or consulate employee. (G) Lost in the ordinary course of handling, transportation, or storage. (H) (i) Sold by a person to the United States and its agencies and instrumentalities under circumstances that would have entitled that person to an exemption from the payment of diesel fuel tax under Section 60100 had that person been the supplier of this diesel fuel. (ii) Sold by a supplier and which was sold by credit card to the United States and its agencies and instrumentalities under circumstances which would have entitled the supplier to an exemption under Section 60100 if the supplier had sold the diesel fuel directly to the United States and its agencies and instrumentalities. (I) Sold by a person to a train operator for use in a diesel-powered train or for other off-highway use under circumstances that would have entitled that person to an exemption from the payment of diesel fuel tax under Section 60100 had that person been the supplier of this diesel fuel. (J) Removed from an approved terminal at the terminal rack, but only to the extent that the supplier can show that the tax on the same amount of diesel fuel has been paid more than one time by the same supplier. (b) Where tax is not imposed on dyed blended biodiesel fuel upon removal from an approved terminal at the terminal rack, if tax was previously imposed on the biodiesel fuel portion of the dyed blended biodiesel fuel, then, pursuant to paragraph (1) of subdivision (a), a claim for refund is allowed for the tax that was paid on that biodiesel fuel, but only to the extent a supplier can show that the tax on that biodiesel fuel has been paid by the same supplier. (c) Each claim for refund under this section shall contain the following information with respect to all of the diesel fuel covered by the claim: (1) The name, address, telephone number, and permit number of the person that sold the diesel fuel to the claimant and the date of the purchase. (2) A statement by the claimant that the diesel fuel covered by the claim did not contain visible evidence of dye. (3) A statement, which may appear on the invoice, original invoice facsimile, or similar document, by the person that sold the diesel fuel to the claimant that the diesel fuel sold did not contain visible evidence of dye. (4) The total amount of diesel fuel covered by the claim. (5) The use made of the diesel fuel covered by the claim described by reference to specific categories listed in paragraph (4) of subdivision (a). (6) If the diesel fuel covered by the claim was exported, a statement that the claimant has the proof of exportation. (d) Each claim for refund under this section shall be made on a form prescribed by the board and shall be filed for a calendar year. If, at the close of any of the first three quarters of the calendar year, more than seven hundred fifty dollars ($750) is refundable under this section with respect to diesel fuel used or exported during that quarter or any prior quarter during the calendar year, and for which no other claim has been filed, a claim may be filed for the quarterly period. To facilitate the administration of this section, the board may require the filing of claims for refund for other than yearly periods. SEC. 2. Section 60505.5 of the Revenue and Taxation Code is amended to read: 60505.5. The claim for refund forms prescribed in subdivision (d) of Section 60501 and subdivision (d) of Section 60502 may include, but not be limited to, electronic media. The claim for refund forms shall be authenticated in a form or pursuant to methods as may be prescribed by the board.

The Diesel Fuel Tax Law imposes a tax upon the removal, entry, sale, delivery, or specified use of diesel fuel, at a specified rate per gallon. That law provides for a reimbursement of the amount of that tax to persons who have used that tax-paid fuel in specified nontaxable uses, which is allowed through a claim for refund. This bill would allow a claim for refund for amounts of tax paid on the biodiesel fuel portion of dyed blended biodiesel fuel removed from an approved terminal at the terminal rack, as provided, to the extent a supplier can show that the tax on that biodiesel fuel has been paid by the same supplier.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 60501 of the Revenue and Taxation Code is amended to read: 60501. Persons who have paid a tax for diesel fuel lost, sold, or removed as provided in paragraph (4) of subdivision (a), or used in a nontaxable use, other than on a farm for farming purposes or in an exempt bus operation, shall, except as otherwise provided in this part, be reimbursed and repaid the amount of the tax. (a) Except as otherwise provided in subdivision (b), a claim for refund with respect to diesel fuel is allowed under this section only if all of the following apply: (1) Tax was imposed on the diesel fuel to which the claim relates. (2) The claimant bought or produced the diesel fuel and did not sell or resell it in this state except as provided in paragraph (4). (3) The claimant has filed a timely claim for refund that contains the information required under subdivision (b) and the claim is supported by the original invoice or original invoice facsimile retained in an alternative storage media showing the purchase. If no original invoice was created, electronic invoicing shall be accepted as reflected by a computerized facsimile when accompanied by an original copy of the bill of lading or fuel manifest that can be directly tied to the electronic invoice. (4) The diesel fuel was any of the following: (A) Used for purposes other than operating motor vehicles upon the public highways of the state. (B) Exported for use outside of this state. Diesel fuel carried from this state in the fuel tank of a motor vehicle is not deemed to be exported from this state unless the diesel fuel becomes subject to tax as an import under the laws of the destination state. (C) Used in any construction equipment that is exempt from vehicle registration pursuant to the Vehicle Code, while operated within the confines and limits of a construction project. (D) Used in the operation of a motor vehicle on any highway that is under the jurisdiction of the United States Department of Agriculture and with respect to the use of the highway the claimant pays, or contributes to, the cost of construction or maintenance thereof pursuant to an agreement with, or permission of, the United States Department of Agriculture. (E) Used in any motor vehicle owned by any county, city and county, city, district, or other political subdivision or public agency when operated by it over any highway constructed and maintained by the United States or any department or agency thereof within a military reservation in this state. If the motor vehicle is operated both over the highway and over a public highway outside the military reservation in a continuous trip the tax shall not be refunded as to that portion of the diesel fuel used to operate the vehicle over the public highway outside the military reservation. Nothing contained in this section shall be construed as a refund of the tax for the use of diesel fuel in any motor vehicle operated upon a public highway within a military reservation, which highway is constructed or maintained by this state or any political subdivision thereof. As used in this section, “military reservation” includes any establishment of the United States Government or any agency thereof used by the Armed Forces of the United States for military, air, or naval operations, including research projects. (F) Sold by a supplier and which was sold to any consulate officer or consulate employee under circumstances which would have entitled the supplier to an exemption under paragraph (6) of subdivision (a) of Section 60100 if the supplier had sold the diesel fuel directly to the consulate officer or consulate employee. (G) Lost in the ordinary course of handling, transportation, or storage. (H) (i) Sold by a person to the United States and its agencies and instrumentalities under circumstances that would have entitled that person to an exemption from the payment of diesel fuel tax under Section 60100 had that person been the supplier of this diesel fuel. (ii) Sold by a supplier and which was sold by credit card to the United States and its agencies and instrumentalities under circumstances which would have entitled the supplier to an exemption under Section 60100 if the supplier had sold the diesel fuel directly to the United States and its agencies and instrumentalities. (I) Sold by a person to a train operator for use in a diesel-powered train or for other off-highway use under circumstances that would have entitled that person to an exemption from the payment of diesel fuel tax under Section 60100 had that person been the supplier of this diesel fuel. (J) Removed from an approved terminal at the terminal rack, but only to the extent that the supplier can show that the tax on the same amount of diesel fuel has been paid more than one time by the same supplier. (b) Where tax is not imposed on dyed blended biodiesel fuel upon removal from an approved terminal at the terminal rack, if tax was previously imposed on the biodiesel fuel portion of the dyed blended biodiesel fuel, then, pursuant to paragraph (1) of subdivision (a), a claim for refund is allowed for the tax that was paid on that biodiesel fuel, but only to the extent a supplier can show that the tax on that biodiesel fuel has been paid by the same supplier. (c) Each claim for refund under this section shall contain the following information with respect to all of the diesel fuel covered by the claim: (1) The name, address, telephone number, and permit number of the person that sold the diesel fuel to the claimant and the date of the purchase. (2) A statement by the claimant that the diesel fuel covered by the claim did not contain visible evidence of dye. (3) A statement, which may appear on the invoice, original invoice facsimile, or similar document, by the person that sold the diesel fuel to the claimant that the diesel fuel sold did not contain visible evidence of dye. (4) The total amount of diesel fuel covered by the claim. (5) The use made of the diesel fuel covered by the claim described by reference to specific categories listed in paragraph (4) of subdivision (a). (6) If the diesel fuel covered by the claim was exported, a statement that the claimant has the proof of exportation. (d) Each claim for refund under this section shall be made on a form prescribed by the board and shall be filed for a calendar year. If, at the close of any of the first three quarters of the calendar year, more than seven hundred fifty dollars ($750) is refundable under this section with respect to diesel fuel used or exported during that quarter or any prior quarter during the calendar year, and for which no other claim has been filed, a claim may be filed for the quarterly period. To facilitate the administration of this section, the board may require the filing of claims for refund for other than yearly periods. SEC. 2. Section 60505.5 of the Revenue and Taxation Code is amended to read: 60505.5. The claim for refund forms prescribed in subdivision (d) of Section 60501 and subdivision (d) of Section 60502 may include, but not be limited to, electronic media. The claim for refund forms 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>

The people of the State of California do enact as follows: SECTION 1. Section 11346.3 of the Government Code is amended to read: 11346.3. (a) A state agency proposing to adopt, amend, or repeal any administrative regulation shall assess the potential for adverse economic impact on California business enterprises and individuals, avoiding the imposition of unnecessary or unreasonable regulations or reporting, recordkeeping, or compliance requirements. For purposes of this subdivision, assessing the potential for adverse economic impact shall require agencies, when proposing to adopt, amend, or repeal a regulation, to adhere to the following requirements, to the extent that these requirements do not conflict with other state or federal laws: (1) The proposed adoption, amendment, or repeal of a regulation shall be based on adequate information concerning the need for, and consequences of, proposed governmental action. (2) The state agency, prior to submitting a proposal to adopt, amend, or repeal a regulation to the office, shall consider the proposal’s impact on business, with consideration of industries affected including the ability of California businesses to compete with businesses in other states. For purposes of evaluating the impact on the ability of California businesses to compete with businesses in other states, an agency shall consider, but not be limited to, information supplied by interested parties. (3) An economic impact assessment prepared pursuant to this subdivision for a proposed regulation that is not a major regulation or that is a major regulation proposed prior to November 1, 2013, shall be prepared in accordance with subdivision (b), and shall be included in the initial statement of reasons as required by Section 11346.2. An economic assessment prepared pursuant to this subdivision for a major regulation proposed on or after November 1, 2013, shall be prepared in accordance with subdivision (c), and shall be included in the initial statement of reasons as required by Section 11346.2. (b) (1) A state agency proposing to adopt, amend, or repeal a regulation that is not a major regulation or that is a major regulation proposed prior to November 1, 2013, shall prepare an economic impact assessment that assesses whether and to what extent it will affect the following: (A) The creation or elimination of jobs within the state. (B) The creation of new businesses or the elimination of existing businesses within the state. (C) The expansion of businesses currently doing business within the state. (D) The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. (2) This subdivision does not apply to the University of California, the Hastings College of the Law, or the Fair Political Practices Commission. (3) Information required from a state agency for the purpose of completing the assessment may come from existing state publications. (4) (A) For purposes of conducting the economic impact assessment pursuant to this subdivision, a state agency may use the consolidated definition of small business in subparagraph (B) in order to determine the number of small businesses within the economy, a specific industry sector, or geographic region. The state agency shall clearly identify the use of the consolidated small business definition in its rulemaking package. (B) For the exclusive purpose of undertaking the economic impact assessment, a “small business” means a business that is all of the following: (i) Independently owned and operated. (ii) Not dominant in its field of operation. (iii) Has fewer than 100 employees. (C) Subparagraph (A) shall not apply to a regulation adopted by the Department of Insurance that applies to an insurance company. (c) (1) Each state agency proposing to adopt, amend, or repeal a major regulation on or after November 1, 2013, shall prepare a standardized regulatory impact analysis in the manner prescribed by the Department of Finance pursuant to Section 11346.36. The standardized regulatory impact analysis shall address all of the following: (A) The creation or elimination of jobs within the state. (B) The creation of new businesses or the elimination of existing businesses within the state. (C) The competitive advantages or disadvantages for businesses currently doing business within the state. (D) The increase or decrease of investment in the state. (E) The incentives for innovation in products, materials, or processes. (F) The benefits of the regulations, including, but not limited to, benefits to the health, safety, and welfare of California residents, worker safety, and the state’s environment and quality of life, among any other benefits identified by the agency. (2) This subdivision shall not apply to the University of California, the Hastings College of the Law, or the Fair Political Practices Commission. (3) Information required from state agencies for the purpose of completing the analysis may be derived from existing state, federal, or academic publications. (d) Any administrative regulation adopted on or after January 1, 1993, that requires a report shall not apply to businesses, unless the state agency adopting the regulation makes a finding that it is necessary for the health, safety, or welfare of the people of the state that the regulation apply to businesses. (e) Analyses conducted pursuant to this section are intended to provide agencies and the public with tools to determine whether the regulatory proposal is an efficient and effective means of implementing the policy decisions enacted in statute or by other provisions of law in the least burdensome manner. Regulatory impact analyses shall inform the agencies and the public of the economic consequences of regulatory choices, not reassess statutory policy. The baseline for the regulatory analysis shall be the most cost-effective set of regulatory measures that are equally effective in achieving the purpose of the regulation in a manner that ensures full compliance with the authorizing statute or other law being implemented or made specific by the proposed regulation. (f) Each state agency proposing to adopt, amend, or repeal a major regulation on or after November 1, 2013, and that has prepared a standardized regulatory impact analysis pursuant to subdivision (c), shall submit that analysis to the Department of Finance upon completion. The department shall comment, within 30 days of receiving that analysis, on the extent to which the analysis adheres to the regulations adopted pursuant to Section 11346.36. Upon receiving the comments from the department, the agency may update its analysis to reflect any comments received from the department and shall summarize the comments and the response of the agency along with a statement of the results of the updated analysis for the statement required by paragraph (10) of subdivision (a) of Section 11346.5.

Existing law, the Administrative Procedure Act, governs, among other things, the procedures for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law requires a state agency proposing to adopt, amend, or repeal specific administrative regulations to assess the potential for adverse economic impact on California business enterprises and individuals and to prepare an economic impact assessment, as specified, that addresses, among other things, the creation or elimination of jobs within the state. This bill would, with certain exceptions, authorize a state agency, when preparing the economic impact assessment, to use a consolidated definition of small business to determine the number of small businesses within the economy, a specific industry sector, or geographic region, and would define “small business” for that purpose as a business that is independently owned and operated, not dominant in its field of operation, and has fewer than 100 employees.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 11346.3 of the Government Code is amended to read: 11346.3. (a) A state agency proposing to adopt, amend, or repeal any administrative regulation shall assess the potential for adverse economic impact on California business enterprises and individuals, avoiding the imposition of unnecessary or unreasonable regulations or reporting, recordkeeping, or compliance requirements. For purposes of this subdivision, assessing the potential for adverse economic impact shall require agencies, when proposing to adopt, amend, or repeal a regulation, to adhere to the following requirements, to the extent that these requirements do not conflict with other state or federal laws: (1) The proposed adoption, amendment, or repeal of a regulation shall be based on adequate information concerning the need for, and consequences of, proposed governmental action. (2) The state agency, prior to submitting a proposal to adopt, amend, or repeal a regulation to the office, shall consider the proposal’s impact on business, with consideration of industries affected including the ability of California businesses to compete with businesses in other states. For purposes of evaluating the impact on the ability of California businesses to compete with businesses in other states, an agency shall consider, but not be limited to, information supplied by interested parties. (3) An economic impact assessment prepared pursuant to this subdivision for a proposed regulation that is not a major regulation or that is a major regulation proposed prior to November 1, 2013, shall be prepared in accordance with subdivision (b), and shall be included in the initial statement of reasons as required by Section 11346.2. An economic assessment prepared pursuant to this subdivision for a major regulation proposed on or after November 1, 2013, shall be prepared in accordance with subdivision (c), and shall be included in the initial statement of reasons as required by Section 11346.2. (b) (1) A state agency proposing to adopt, amend, or repeal a regulation that is not a major regulation or that is a major regulation proposed prior to November 1, 2013, shall prepare an economic impact assessment that assesses whether and to what extent it will affect the following: (A) The creation or elimination of jobs within the state. (B) The creation of new businesses or the elimination of existing businesses within the state. (C) The expansion of businesses currently doing business within the state. (D) The benefits of the regulation to the health and welfare of California residents, worker safety, and the state’s environment. (2) This subdivision does not apply to the University of California, the Hastings College of the Law, or the Fair Political Practices Commission. (3) Information required from a state agency for the purpose of completing the assessment may come from existing state publications. (4) (A) For purposes of conducting the economic impact assessment pursuant to this subdivision, a state agency may use the consolidated definition of small business in subparagraph (B) in order to determine the number of small businesses within the economy, a specific industry sector, or geographic region. The state agency shall clearly identify the use of the consolidated small business definition in its rulemaking package. (B) For the exclusive purpose of undertaking the economic impact assessment, a “small business” means a business that is all of the following: (i) Independently owned and operated. (ii) Not dominant in its field of operation. (iii) Has fewer than 100 employees. (C) Subparagraph (A) shall not apply to a regulation adopted by the Department of Insurance that applies to an insurance company. (c) (1) Each state agency proposing to adopt, amend, or repeal a major regulation on or after November 1, 2013, shall prepare a standardized regulatory impact analysis in the manner prescribed by the Department of Finance pursuant to Section 11346.36. The standardized regulatory impact analysis shall address all of the following: (A) The creation or elimination of jobs within the state. (B) The creation of new businesses or the elimination of existing businesses within the state. (C) The competitive advantages or disadvantages for businesses currently doing business within the state. (D) The increase or decrease of investment in the state. (E) The incentives for innovation in products, materials, or processes. (F) The benefits of the regulations, including, but not limited to, benefits to the health, safety, and welfare of California residents, worker safety, and the state’s environment and quality of life, among any other benefits identified by the agency. (2) This subdivision shall not apply to the University of California, the Hastings College of the Law, or the Fair Political Practices Commission. (3) Information required from state agencies for the purpose of completing the analysis may be derived from existing state, federal, or academic publications. (d) Any administrative regulation adopted on or after January 1, 1993, that requires a report shall not apply to businesses, unless the state agency adopting the regulation makes a finding that it is necessary for the health, safety, or welfare of the people of the state that the regulation apply to businesses. (e) Analyses conducted pursuant to this section are intended to provide agencies and the public with tools to determine whether the regulatory proposal is an efficient and effective means of implementing the policy decisions enacted in statute or by other provisions of law in the least burdensome manner. Regulatory impact analyses shall inform the agencies and the public of the economic consequences of regulatory choices, not reassess statutory policy. The baseline for the regulatory analysis shall be the most cost-effective set of regulatory measures that are equally effective in achieving the purpose of the regulation in a manner that ensures full compliance with the authorizing statute or other law being implemented or made specific by the proposed regulation. (f) Each state agency proposing to adopt, amend, or repeal a major regulation on or after November 1, 2013, and that has prepared a standardized regulatory impact analysis pursuant to subdivision (c), shall submit that analysis to the Department of Finance upon completion. The department shall comment, within 30 days of receiving that analysis, on the extent to which the analysis adheres to the regulations adopted pursuant to Section 11346.36. Upon receiving the comments from the department, the agency may update its analysis to reflect any comments received from the department and shall summarize the comments and the response of the agency along with a statement of the results of the updated analysis for the statement required by paragraph (10) of subdivision (a) of Section 11346.5. ### 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 23356.2 of the Business and Professions Code is amended to read: 23356.2. (a) No license or permit shall be required for the manufacture of beer or wine for personal or family use, and not for sale, by a person over 21 years of age. The aggregate amount of beer or wine with respect to any household shall not exceed (1) 100 gallons per calendar year if there is only one adult in the household or (2) 200 gallons per calendar year if there are two or more adults in the household. (b) Beer or wine produced pursuant to this section may be removed from the premises where made only under any of the following circumstances: (1) For use, including in a bona fide competition or judging or a bona fide exhibition or tasting. (2) For personal or family use. (3) When donated to a nonprofit organization for use as provided in subdivision (c) or (d). (4) Beer or wine produced pursuant to this section may only be provided or served to the public pursuant to paragraphs (1) and (3) within a clearly identified area, that includes, but is not limited to, a physical barrier with a monitored point of entry. Beer or wine produced by a beer manufacturer or winegrower as defined in Sections 23012 and 23013, respectively, and licensed by the department, shall not be provided or served to the public within this area. (c) (1) Beer or wine produced pursuant to this section may be donated to a nonprofit organization for sale at fundraising events conducted solely by and for the benefit of the nonprofit organization. Beer and wine donated pursuant to this subdivision may be sold by the nonprofit organization only for consumption on the premises of the fundraising event, under a license issued by the department to the nonprofit organization pursuant to this division. A nonprofit organization that auctions donated beer or wine at a fundraising event that has a value of less than ____ dollars ($____) shall not be required to obtain a license issued by the department pursuant to this division. (2) Beer or wine donated and sold pursuant to this subdivision shall bear a label identifying its producer and stating that the beer or wine is homemade and not available for sale or for consumption off the licensed premises. The beer or wine is not required to comply with other labeling requirements under this division. However, nothing in this paragraph authorizes the use of any false or misleading information on a beer or wine label. (3) A nonprofit organization established for the purpose of promoting home production of beer or wine, or whose membership is composed primarily of home brewers or home winemakers, shall not be eligible to sell beer pursuant to this subdivision. (d) A nonprofit organization established for the purpose of promoting home production of beer shall be eligible to serve beer at a fundraising event conducted solely for the benefit of the nonprofit organization pursuant to this subdivision, subject to the following conditions: (1) The beer that is served is donated by home brewers. (2) The nonprofit organization shall be issued no more than two permits per calendar year for the serving of beer pursuant to this subdivision. (3) The nonprofit organization shall display a printed notice at the event that states that home brewed beer is not a regulated product subject to health and safety standards. (4) The event shall have an educational component that includes instruction on the subject of beer, including, but not limited to, the history, nature, values, and characteristics of beer, the use of beer lists, and the methods of presenting and serving beer. (5) Only bona fide members of the nonprofit organization may attend the event. (6) The nonprofit organization shall not solicit or sign up individuals to be members of the nonprofit organization on the day of the event at the event premises. (7) The nonprofit organization shall provide the department with the number of members that have registered for the event and the estimated number that will be in attendance, 48 hours before the event. This paragraph shall apply only if more than 50 members are expected to be in attendance at the event. (e) Except as provided in subdivision (c), this section does not authorize the sale or offering for sale by any person of any beer or wine produced pursuant to this section. (f) Except as provided herein, nothing in this section authorizes any activity in violation of Section 23300, 23355, or 23399.1. SECTION 1. Section 24045.2 of the Business and Professions Code is amended to read: 24045.2. (a)The department may issue a special temporary retail package off-sale beer and wine license to: (1) a television station, supported wholly or in part by public membership subscription, which is a nonprofit, charitable corporation exempt from payment of income taxes under the provisions of the Internal Revenue Code of 1954 of the United States, or (2) a nonprofit, charitable corporation exempt from payment of income taxes under the provisions of the Internal Revenue Code of 1954 of the United States that receives and administers donations for a noncommercial, educational television station, or public broadcasting station supported wholly or in part by public membership subscription. An applicant for this license shall accompany the application with a fee of one hundred dollars ($100). (b)A license issued pursuant to this section shall only entitle the licensee to sell at auction beer and wine donated to it. Notwithstanding any other provision, a licensee may donate beer, wine, or both beer and wine to a corporation licensed under this section, provided donations are not made in connection with a sale of an alcoholic beverage. (c)This license shall be for a period not exceeding 30 days. Only one license shall be issued to any corporation in a calendar year.

The Alcoholic Beverage Control Act authorizes the issuance of a special temporary retail package off-sale beer and wine license to a television station, supported wholly or in part by public membership subscription, which is a nonprofit, charitable corporation, as provided, or to a nonprofit, charitable corporation that receives and administers donations for a noncommercial, educational television station, or public broadcasting station supported wholly or in part by public membership subscription, as provided, subject to specified restrictions a person to manufacture beer or wine for personal or family use without the need for a license or permit, as provided. Existing law authorizes the removal of beer or wine from the premises where made for personal or family use, for specified purposes, including for donation to a nonprofit organization for sale at a fundraising event . This bill would make nonsubstantive changes to this provision provide that a nonprofit organization that auctions this type of donated beer or wine that has a value of less than $____ is not required to obtain a license issued under the act for the sale of that beer or wine .

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 23356.2 of the Business and Professions Code is amended to read: 23356.2. (a) No license or permit shall be required for the manufacture of beer or wine for personal or family use, and not for sale, by a person over 21 years of age. The aggregate amount of beer or wine with respect to any household shall not exceed (1) 100 gallons per calendar year if there is only one adult in the household or (2) 200 gallons per calendar year if there are two or more adults in the household. (b) Beer or wine produced pursuant to this section may be removed from the premises where made only under any of the following circumstances: (1) For use, including in a bona fide competition or judging or a bona fide exhibition or tasting. (2) For personal or family use. (3) When donated to a nonprofit organization for use as provided in subdivision (c) or (d). (4) Beer or wine produced pursuant to this section may only be provided or served to the public pursuant to paragraphs (1) and (3) within a clearly identified area, that includes, but is not limited to, a physical barrier with a monitored point of entry. Beer or wine produced by a beer manufacturer or winegrower as defined in Sections 23012 and 23013, respectively, and licensed by the department, shall not be provided or served to the public within this area. (c) (1) Beer or wine produced pursuant to this section may be donated to a nonprofit organization for sale at fundraising events conducted solely by and for the benefit of the nonprofit organization. Beer and wine donated pursuant to this subdivision may be sold by the nonprofit organization only for consumption on the premises of the fundraising event, under a license issued by the department to the nonprofit organization pursuant to this division. A nonprofit organization that auctions donated beer or wine at a fundraising event that has a value of less than ____ dollars ($____) shall not be required to obtain a license issued by the department pursuant to this division. (2) Beer or wine donated and sold pursuant to this subdivision shall bear a label identifying its producer and stating that the beer or wine is homemade and not available for sale or for consumption off the licensed premises. The beer or wine is not required to comply with other labeling requirements under this division. However, nothing in this paragraph authorizes the use of any false or misleading information on a beer or wine label. (3) A nonprofit organization established for the purpose of promoting home production of beer or wine, or whose membership is composed primarily of home brewers or home winemakers, shall not be eligible to sell beer pursuant to this subdivision. (d) A nonprofit organization established for the purpose of promoting home production of beer shall be eligible to serve beer at a fundraising event conducted solely for the benefit of the nonprofit organization pursuant to this subdivision, subject to the following conditions: (1) The beer that is served is donated by home brewers. (2) The nonprofit organization shall be issued no more than two permits per calendar year for the serving of beer pursuant to this subdivision. (3) The nonprofit organization shall display a printed notice at the event that states that home brewed beer is not a regulated product subject to health and safety standards. (4) The event shall have an educational component that includes instruction on the subject of beer, including, but not limited to, the history, nature, values, and characteristics of beer, the use of beer lists, and the methods of presenting and serving beer. (5) Only bona fide members of the nonprofit organization may attend the event. (6) The nonprofit organization shall not solicit or sign up individuals to be members of the nonprofit organization on the day of the event at the event premises. (7) The nonprofit organization shall provide the department with the number of members that have registered for the event and the estimated number that will be in attendance, 48 hours before the event. This paragraph shall apply only if more than 50 members are expected to be in attendance at the event. (e) Except as provided in subdivision (c), this section does not authorize the sale or offering for sale by any person of any beer or wine produced pursuant to this section. (f) Except as provided herein, nothing in this section authorizes any activity in violation of Section 23300, 23355, or 23399.1. SECTION 1. Section 24045.2 of the Business and Professions Code is amended to read: 24045.2. (a)The department may issue a special temporary retail package off-sale beer and wine license to: (1) a television station, supported wholly or in part by public membership subscription, which is a nonprofit, charitable corporation exempt from payment of income taxes under the provisions of the Internal Revenue Code of 1954 of the United States, or (2) a nonprofit, charitable corporation exempt from payment of income taxes under the provisions of the Internal Revenue Code of 1954 of the United States that receives and administers donations for a noncommercial, educational television station, or public broadcasting station supported wholly or in part by public membership subscription. An applicant for this license shall accompany the application with a fee of one hundred dollars ($100). (b)A license issued pursuant to this section shall only entitle the licensee to sell at auction beer and wine donated to it. Notwithstanding any other provision, a licensee may donate beer, wine, or both beer and wine to a corporation licensed under this section, provided donations are not made in connection with a sale of an alcoholic beverage. (c)This license shall be for a period not exceeding 30 days. Only one license shall be issued to any corporation in a calendar year. ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 2335

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) With the enactment of the California Integrated Waste Management Act of 1989 (Division 30 (commencing with Section 40000) of the Public Resources Code), the Legislature declared that the Department of Resources Recycling and Recovery and local agencies shall promote composting. (b) Since the enactment of the act, local governments and private industries have worked jointly to create an extensive material collection infrastructure and have implemented effective programs to achieve a statewide diversion rate greater than 50 percent. (c) Although California now leads the nation in waste reduction and recycling, the state continues to dispose of more than 15 million tons of compostable organics each year in solid waste landfills. (d) Composting organic materials results in substantial environmental and agricultural benefits, including the reduction of naturally occurring volatile organic compounds and ammonia. (e) The Economic and Technology Advancement Advisory Committee, formed pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), has identified composting as a cost-effective technology for reducing greenhouse gas emissions. (f) The application of compost in agriculture and landscaping has been shown to offer significant soil-carbon sequestration and water quality benefits, provide erosion control, reduce the need for synthetic fertilizers and pesticides, and conserve water and irrigation-associated energy. (g) In 2007, the department’s predecessor agency adopted Strategic Directive 6.1 to reduce the amount of organics in the waste stream by 50 percent by the year 2020. (h) In 2014, the state required organic waste generators that produce four cubic yards or more of organic waste a week to arrange to recycle this material (Chapter 12.9 (commencing with Section 42649.8) of the Public Resources Code). (i) To reduce the amount of organics in landfills, the state must promote the development and permitting of composting facilities and ensure that state regulations account for the lifecycle emissions reduction and water quality benefits of compost, while continuing to protect air and water quality. SEC. 2. Section 42649.87 is added to the Public Resources Code, 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) 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. (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 43032 is added to the Public Resources Code, to read: 43032. (a) The department, in coordination with the State Air Resources Board and the State Water Resources Control Board, shall develop a policy that promotes the development of coordinated permitting and regulation of composting facilities while protecting the environment. (b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.

(1) The existing California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program. Existing law requires each city, county, city and county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan. Those entities are required to divert 50% of all solid waste through source reduction, recycling, and composting. This bill would require 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, 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. The bill would require the agency to promote a goal of reducing at least 5 million metric tons of greenhouse gas emissions per year through the development and application of compost on working lands, and would require the agency to work with the Department of Food and Agriculture to achieve this goal. The bill would also require the Secretary for Environmental Protection and the Secretary of Food and Agriculture to ensure proper coordination of agency regulations and goals to implement these requirements and would require the agency and the Department of Food and Agriculture, with the department, the State Water Resources Control Board, and the State Air Resources Board, to perform other specified functions. The bill would repeal these provisions on January 1, 2021. (2) Existing law requires the Department of Resources Recycling and Recovery to adopt regulations relating to waste management, including standards for the design, operation, maintenance, and ultimate reuse of solid waste facilities, and for solid waste handling, transfer, composting, transformation, and disposal. Existing law prohibits the solid waste handling, transfer, composting, transformation, and disposal standards from including any requirement that is under the authority of the State Air Resources Board for the prevention of air pollution or the State Water Resources Control Board for the prevention of water pollution and prohibits the solid waste facilities standards from including aspects of solid waste handling and disposal that are within the jurisdiction of the State Air Resources Board, air pollution control districts, and air quality management districts, or the State Water Resources Control Board or a regional water district. Existing law prohibits a person from discharging a quantity of air contaminants or other material that causes injury, detriment, nuisance, or annoyance to the public, or that endangers the comfort, repose, health, or safety of the public, or that causes injury or damage to business or property, except as provided. Under existing law, the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with responsibility for the coordination and control of water quality in the state. The act, with certain exceptions, requires a waste discharger to file certain information with the appropriate regional board and to pay an annual fee. This bill would require, until January 1, 2021, the Department of Resources Recycling and Recovery, in coordination with the State Air Resources Board and the State Water Resources Control Board, to develop a policy that promotes the development of coordinated permitting and regulation of composting facilities while protecting the environment.

<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) With the enactment of the California Integrated Waste Management Act of 1989 (Division 30 (commencing with Section 40000) of the Public Resources Code), the Legislature declared that the Department of Resources Recycling and Recovery and local agencies shall promote composting. (b) Since the enactment of the act, local governments and private industries have worked jointly to create an extensive material collection infrastructure and have implemented effective programs to achieve a statewide diversion rate greater than 50 percent. (c) Although California now leads the nation in waste reduction and recycling, the state continues to dispose of more than 15 million tons of compostable organics each year in solid waste landfills. (d) Composting organic materials results in substantial environmental and agricultural benefits, including the reduction of naturally occurring volatile organic compounds and ammonia. (e) The Economic and Technology Advancement Advisory Committee, formed pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), has identified composting as a cost-effective technology for reducing greenhouse gas emissions. (f) The application of compost in agriculture and landscaping has been shown to offer significant soil-carbon sequestration and water quality benefits, provide erosion control, reduce the need for synthetic fertilizers and pesticides, and conserve water and irrigation-associated energy. (g) In 2007, the department’s predecessor agency adopted Strategic Directive 6.1 to reduce the amount of organics in the waste stream by 50 percent by the year 2020. (h) In 2014, the state required organic waste generators that produce four cubic yards or more of organic waste a week to arrange to recycle this material (Chapter 12.9 (commencing with Section 42649.8) of the Public Resources Code). (i) To reduce the amount of organics in landfills, the state must promote the development and permitting of composting facilities and ensure that state regulations account for the lifecycle emissions reduction and water quality benefits of compost, while continuing to protect air and water quality. SEC. 2. Section 42649.87 is added to the Public Resources Code, 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) 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. (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 43032 is added to the Public Resources Code, to read: 43032. (a) The department, in coordination with the State Air Resources Board and the State Water Resources Control Board, shall develop a policy that promotes the development of coordinated permitting and regulation of composting facilities while protecting the environment. (b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. ### Summary: This bill would require 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

The people of the State of California do enact as follows: SECTION 1. Section 7612 of the Family Code is amended to read: 7612. (a) Except as provided in Chapter 1 (commencing with Section 7540) and Chapter 3 (commencing with Section 7570) of Part 2 or in Section 20102, a presumption under Section 7611 is a rebuttable presumption affecting the burden of proof and may be rebutted in an appropriate action only by clear and convincing evidence. (b) If two or more presumptions arise under Section 7610 or 7611 that conflict with each other, or if a presumption under Section 7611 conflicts with a claim pursuant to Section 7610, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. (c) In an appropriate action, a court may find that more than two persons with a claim to parentage under this division are parents if the court finds that recognizing only two parents would be detrimental to the child. In determining detriment to the child, the court shall consider all relevant factors, including, but not limited to, the harm of removing the child from a stable placement with a parent who has fulfilled the child’s physical needs and the child’s psychological needs for care and affection, and who has assumed that role for a substantial period of time. A finding of detriment to the child does not require a finding of unfitness of any of the parents or persons with a claim to parentage. (d) Unless a court orders otherwise after making the determination specified in subdivision (c), a presumption under Section 7611 is rebutted by a judgment establishing parentage of the child by another person. (e) Within two years of the execution of a voluntary declaration of paternity, a person who is presumed to be a parent under Section 7611 may file a petition pursuant to Section 7630 to set aside a voluntary declaration of paternity. The court’s ruling on the petition to set aside the voluntary declaration of paternity shall be made taking into account the validity of the voluntary declaration of paternity, and the best interests of the child based upon the court’s consideration of the factors set forth in subdivision (b) of Section 7575, as well as the best interests of the child based upon the nature, duration, and quality of the petitioning party’s relationship with the child and the benefit or detriment to the child of continuing that relationship. In the event of any conflict between the presumption under Section 7611 and the voluntary declaration of paternity, the weightier considerations of policy and logic shall control. (f) A voluntary declaration of paternity is invalid if, at the time the declaration was signed, any of the following conditions exist: (1) The child already had a presumed parent under Section 7540. (2) The child already had a presumed parent under subdivision (a), (b), or (c) of Section 7611. (3) The man signing the declaration is a sperm donor, consistent with subdivision (b) of Section 7613. (g) A person’s offer or refusal to sign a voluntary declaration of paternity may be considered as a factor, but shall not be determinative, as to the issue of legal parentage in any proceedings regarding the establishment or termination of parental rights. SEC. 2. The heading of Part 7 (commencing with Section 7960) of Division 12 of the Family Code is amended to read: PART 7. SURROGACY AND DONOR FACILITATORS, ASSISTED REPRODUCTION AGREEMENTS FOR GESTATIONAL CARRIERS, AND OOCYTE DONATIONS SEC. 3. Section 7960 of the Family Code is amended to read: 7960. For purposes of this part, the following terms have the following meanings: (a) “Assisted reproduction agreement” has the same meaning as defined in subdivision (b) of Section 7606. (b) “Fund management agreement” means the agreement between the intended parents and the surrogacy or donor facilitator relating to the fee or other valuable consideration for services rendered or that will be rendered by the surrogacy or donor facilitator. (c) “Intended parent” means an individual, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction. (d) “Nonattorney surrogacy or donor facilitator” means a surrogacy or donor practitioner who is not an attorney in good standing licensed to practice law in this state. (e) “Surrogacy or donor facilitator” means a person or organization that engages in either of the following activities: (1) Advertising for the purpose of soliciting parties to an assisted reproduction agreement or for the donation of oocytes for use by a person other than the provider of the oocytes, or acting as an intermediary between the parties to an assisted reproduction agreement or oocyte donation. (2) Charging a fee or other valuable consideration for services rendered relating to an assisted reproduction agreement or oocyte donation. (f) “Surrogate” means a woman who bears and carries a child for another through medically assisted reproduction and pursuant to a written agreement, as set forth in Sections 7606 and 7962. Within the definition of surrogate are two different and distinct types: (1) “Traditional surrogate” means a woman who agrees to gestate an embryo, in which the woman is the gamete donor and the embryo was created using the sperm of the intended father or a donor arranged by the intended parent or parents. (2) “Gestational carrier” means a woman who is not an intended parent and who agrees to gestate an embryo that is genetically unrelated to her pursuant to an assisted reproduction agreement. (g) “Donor” means a woman who provides her oocytes for use by another for the purpose of assisting the recipient of the oocytes in having a child or children of her own. SEC. 4. Section 7961 of the Family Code is amended to read: 7961. (a) A nonattorney surrogacy or donor facilitator shall direct the client to deposit all client funds into either of the following: (1) An independent, bonded escrow depository maintained by a licensed, independent, bonded escrow company. (2) A trust account maintained by an attorney. (b) For purposes of this section, a nonattorney surrogacy or donor facilitator may not have a financial interest in any escrow company holding client funds. A nonattorney surrogacy or donor facilitator and any of its directors or employees shall not be an agent of any escrow company holding client funds. (c) Client funds may only be disbursed by the attorney or escrow agent as set forth in the assisted reproduction agreement and fund management agreement. (d) This section shall not apply to funds that are both of the following: (1) Not provided for in the fund management agreement. (2) Paid directly to a medical doctor for medical services or a psychologist for psychological services.

Under existing law, a man is conclusively presumed to be the father of a child if he was married to and cohabiting with the child’s mother, except as specified. Existing law also provides that if a man signs a voluntary declaration of paternity, it has the force and effect of a judgment of paternity, subject to certain exceptions. Existing law provides that these presumptions are rebuttable. This bill would state that a person’s offer or refusal to sign a voluntary declaration of paternity may be considered as a factor, but shall not be determinative as to the issue of legal parentage in any proceedings regarding the establishment or termination of parental rights. Existing law requires a nonattorney surrogacy facilitator to direct his or her client to deposit client funds in an independent, bonded escrow account or a trust account maintained by an attorney, subject to specified withdrawal requirements. This bill would additionally require a nonattorney donor facilitator to direct his or her client to deposit client funds, as specified above.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 7612 of the Family Code is amended to read: 7612. (a) Except as provided in Chapter 1 (commencing with Section 7540) and Chapter 3 (commencing with Section 7570) of Part 2 or in Section 20102, a presumption under Section 7611 is a rebuttable presumption affecting the burden of proof and may be rebutted in an appropriate action only by clear and convincing evidence. (b) If two or more presumptions arise under Section 7610 or 7611 that conflict with each other, or if a presumption under Section 7611 conflicts with a claim pursuant to Section 7610, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. (c) In an appropriate action, a court may find that more than two persons with a claim to parentage under this division are parents if the court finds that recognizing only two parents would be detrimental to the child. In determining detriment to the child, the court shall consider all relevant factors, including, but not limited to, the harm of removing the child from a stable placement with a parent who has fulfilled the child’s physical needs and the child’s psychological needs for care and affection, and who has assumed that role for a substantial period of time. A finding of detriment to the child does not require a finding of unfitness of any of the parents or persons with a claim to parentage. (d) Unless a court orders otherwise after making the determination specified in subdivision (c), a presumption under Section 7611 is rebutted by a judgment establishing parentage of the child by another person. (e) Within two years of the execution of a voluntary declaration of paternity, a person who is presumed to be a parent under Section 7611 may file a petition pursuant to Section 7630 to set aside a voluntary declaration of paternity. The court’s ruling on the petition to set aside the voluntary declaration of paternity shall be made taking into account the validity of the voluntary declaration of paternity, and the best interests of the child based upon the court’s consideration of the factors set forth in subdivision (b) of Section 7575, as well as the best interests of the child based upon the nature, duration, and quality of the petitioning party’s relationship with the child and the benefit or detriment to the child of continuing that relationship. In the event of any conflict between the presumption under Section 7611 and the voluntary declaration of paternity, the weightier considerations of policy and logic shall control. (f) A voluntary declaration of paternity is invalid if, at the time the declaration was signed, any of the following conditions exist: (1) The child already had a presumed parent under Section 7540. (2) The child already had a presumed parent under subdivision (a), (b), or (c) of Section 7611. (3) The man signing the declaration is a sperm donor, consistent with subdivision (b) of Section 7613. (g) A person’s offer or refusal to sign a voluntary declaration of paternity may be considered as a factor, but shall not be determinative, as to the issue of legal parentage in any proceedings regarding the establishment or termination of parental rights. SEC. 2. The heading of Part 7 (commencing with Section 7960) of Division 12 of the Family Code is amended to read: PART 7. SURROGACY AND DONOR FACILITATORS, ASSISTED REPRODUCTION AGREEMENTS FOR GESTATIONAL CARRIERS, AND OOCYTE DONATIONS SEC. 3. Section 7960 of the Family Code is amended to read: 7960. For purposes of this part, the following terms have the following meanings: (a) “Assisted reproduction agreement” has the same meaning as defined in subdivision (b) of Section 7606. (b) “Fund management agreement” means the agreement between the intended parents and the surrogacy or donor facilitator relating to the fee or other valuable consideration for services rendered or that will be rendered by the surrogacy or donor facilitator. (c) “Intended parent” means an individual, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction. (d) “Nonattorney surrogacy or donor facilitator” means a surrogacy or donor practitioner who is not an attorney in good standing licensed to practice law in this state. (e) “Surrogacy or donor facilitator” means a person or organization that engages in either of the following activities: (1) Advertising for the purpose of soliciting parties to an assisted reproduction agreement or for the donation of oocytes for use by a person other than the provider of the oocytes, or acting as an intermediary between the parties to an assisted reproduction agreement or oocyte donation. (2) Charging a fee or other valuable consideration for services rendered relating to an assisted reproduction agreement or oocyte donation. (f) “Surrogate” means a woman who bears and carries a child for another through medically assisted reproduction and pursuant to a written agreement, as set forth in Sections 7606 and 7962. Within the definition of surrogate are two different and distinct types: (1) “Traditional surrogate” means a woman who agrees to gestate an embryo, in which the woman is the gamete donor and the embryo was created using the sperm of the intended father or a donor arranged by the intended parent or parents. (2) “Gestational carrier” means a woman who is not an intended parent and who agrees to gestate an embryo that is genetically unrelated to her pursuant to an assisted reproduction agreement. (g) “Donor” means a woman who provides her oocytes for use by another for the purpose of assisting the recipient of the oocytes in having a child or children of her own. SEC. 4. Section 7961 of the Family Code is amended to read: 7961. (a) A nonattorney surrogacy or donor facilitator shall direct the client to deposit all client funds into either of the following: (1) An independent, bonded escrow depository maintained by a licensed, independent, bonded escrow company. (2) A trust account maintained by an attorney. (b) For purposes of this section, a nonattorney surrogacy or donor facilitator may not have a financial interest in any escrow company holding client funds. A nonattorney surrogacy or donor facilitator and any of its directors or employees shall not be an agent of any escrow company holding client funds. (c) Client funds may only be disbursed by the attorney or escrow agent as set forth in the assisted reproduction agreement and fund management agreement. (d) This section shall not apply to funds that are both of the following: (1) Not provided for in the fund management agreement. (2) Paid directly to a medical doctor for medical services or a psychologist for psychological services. ### Summary: This bill would amend the Family Code to require that a nonattorney surrogacy or donor facilitator direct the client to deposit all client funds into either an independent

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares the following: (a) Every day 22 veterans take their own lives. (b) Thirty percent of veterans have considered suicide. (b) The number of veterans who take their own lives is likely much higher as certificates of death do not require veteran status to be listed and may be under reporting the number of suicides. SEC. 2. Section 102875 of the Health and Safety Code is amended to read: 102875. The certificate of death shall be divided into two sections. (a) The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate: (1) (A) Personal data concerning decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, and occupation and industry or business. business, and, commencing July 1, 2016, whether the decedent was ever in the armed forces of the United States. (B) Commencing July 1, 2015, a A person completing the certificate shall record the decedent’s sex to reflect the decedent’s gender identity. The decedent’s gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a driver’s license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedent’s sex as that which corresponds to the decedent’s gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons. (C) Commencing July 1, 2015, if If a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of his or her death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent. (D) Commencing July 1, 2015, a A person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death. (E) Commencing July 1, 2015, a A person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to him or her prior to the deadlines for completion specified in that section. (2) Date of death, including month, day, and year. (3) Place of death. (4) Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother. (5) Informant. (6) Disposition of body information , including signature and license number of embalmer embalmber, if the body is embalmed embalmed, or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other provision of law to the contrary, law, an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer. (7) Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other provision of law to the contrary, law, the person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature. (8) Date accepted for registration and signature of local registrar. Notwithstanding any other provision of law to the contrary, law, the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature. (b) The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate: (1) Disease or conditions leading directly to death and antecedent causes. (2) Operations and major findings thereof. (3) Accident and injury information. (4) Information indicating whether the decedent was pregnant at the time of death, or within the year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. This paragraph shall not be interpreted to require the performance of a pregnancy test on a decedent, or to require a review of medical records in order to determine pregnancy. (5) Commencing July 1, 2016, information indicating whether the cause of death was suicide. This information shall include all methods of suicide, including suicides that involve law enforcement, also known as “suicide by cop.” SEC. 3. Section 102791 is added to the Health and Safety Code, to read: 102791. Commencing July 1, 2016, the local registrar shall make data on veteran suicides available to the Department of Veterans Affairs and the United States Department of Veterans Affairs. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SECTION 1. Section 800 of the Military and Veterans Code is amended to read: 800. (a)(1)Subject to subdivision (b), in addition to any other benefit provided by law, and to the extent permitted by federal law, any member of the United States Military Reserve or the National Guard of this state who is called to active duty after the enactment of this chapter and before January 1, 2014, as a part of the Iraq and Afghanistan conflicts, may defer payments on any of the following obligations while serving on active duty: (A)An obligation secured by a mortgage or deed of trust. (B)Credit card, as defined in Section 1747.02 of the Civil Code. (C)Retail installment contract, as defined in Section 1802.6 of the Civil Code. (D)Retail installment account, installment account, or revolving account, as defined in Section 1802.7 of the Civil Code. (E)Up to two vehicle loans. (F)Any payment of property tax or special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist’s primary place of residence on the date the reservist was ordered to active duty. (2)Subject to subdivision (b), in addition to any other benefit provided by law, and to the extent permitted by federal law, a reservist who is called to active duty on and after January 1, 2014, may defer payments on any of the following obligations while serving on active duty: (A)An obligation secured by a mortgage or deed of trust. (B)Credit card, as defined in Section 1747.02 of the Civil Code. (C)Retail installment contract, as defined in Section 1802.6 of the Civil Code. (D)Retail installment account, installment account, or revolving account, as defined in Section 1802.7 of the Civil Code. (E)Up to two vehicle loans. (F)Any payment of property tax or special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist’s primary place of residence on the date the reservist was ordered to active duty. (G)Any obligation owed to a utility company. (b)(1)In order for an obligation or liability of a reservist to be subject to this chapter, the reservist or the reservist’s designee shall deliver to the obligor both of the following: (A)A letter signed by the reservist, under penalty of perjury, requesting a deferment of financial obligations. (B)A copy of the reservist’s activation or deployment order and any other information that substantiates the duration of the service member’s military service. (2)If required by a financial institution, proof that the reservist’s employer does not provide continuing income to the reservist while the reservist is on active military duty, including the reservist’s military pay, of more than 90 percent of the reservist’s monthly salary and wage income earned before the call to active duty. (c)Upon request of the reservist or the reservist’s dependent or designee and within five working days of that request, if applicable, the employer of a reservist shall furnish the letter or other comparable evidence showing that the employer’s compensation policy does not provide continuing income to the reservist, including the reservist’s military pay, of more than 90 percent of the reservist’s monthly salary and wage income earned before the call to active duty. (d)The deferral period on financial obligations shall be the lesser of 180 days or the period of active duty plus 60 calendar days, and shall apply only to those payments due subsequent to the notice provided to a lender as provided in subdivision (b). In addition, the total period of the deferment shall not exceed 180 days within a 365-day period. (e)If a lender defers payments on a closed end credit obligation or an open-end credit obligation with a maturity date, pursuant to this chapter, the lender shall extend the term of the obligation by the amount of months the obligation was deferred. (f)If a lender defers payments on an open-end credit obligation pursuant to this chapter, the lender may restrict the availability of additional credit with respect to that obligation during the term of the deferral. (g)For purposes of this chapter, “vehicle” means a vehicle as defined in Section 670 of the Vehicle Code.

Existing law establishes the State Department of Public Health under the direction of the State Public Health Officer. Existing law sets forth the powers and duties of the State Public Health Officer, including, but not limited to, designation as the State Registrar of Vital Statistics, having supervisory powers over local registrars and responsibility for the uniform and thorough enforcement of provisions relating to the registration of certain vital statistics. Existing law requires that each death be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found. Existing law sets forth the persons responsible for completing the certificate of death and the required contents of the certificate, including, but not limited to, the decedent’s name, sex, and birthplace. Certain violations of these requirements are a crime. This bill, commencing July 1, 2016, would require a person completing the certificate of death to record whether the decedent was ever in the Armed Forces of the United States and to include in the items relating to health data information, information on whether the cause of death is any manner of suicide. The bill would also require the local registrar to make information on veteran suicide available to the Department of Veterans Affairs and United States Department of Veterans Affairs. By changing the definition of existing crimes, and by increasing the responsibility of local officials, 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. Existing law authorizes a member of the United States Military Reserve or the National Guard who is called to active duty, as specified, to defer payments on certain obligations while serving on active duty. This bill would make technical, nonsubstantive changes to this provision.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares the following: (a) Every day 22 veterans take their own lives. (b) Thirty percent of veterans have considered suicide. (b) The number of veterans who take their own lives is likely much higher as certificates of death do not require veteran status to be listed and may be under reporting the number of suicides. SEC. 2. Section 102875 of the Health and Safety Code is amended to read: 102875. The certificate of death shall be divided into two sections. (a) The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate: (1) (A) Personal data concerning decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, and occupation and industry or business. business, and, commencing July 1, 2016, whether the decedent was ever in the armed forces of the United States. (B) Commencing July 1, 2015, a A person completing the certificate shall record the decedent’s sex to reflect the decedent’s gender identity. The decedent’s gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a driver’s license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedent’s sex as that which corresponds to the decedent’s gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons. (C) Commencing July 1, 2015, if If a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of his or her death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent. (D) Commencing July 1, 2015, a A person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death. (E) Commencing July 1, 2015, a A person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to him or her prior to the deadlines for completion specified in that section. (2) Date of death, including month, day, and year. (3) Place of death. (4) Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother. (5) Informant. (6) Disposition of body information , including signature and license number of embalmer embalmber, if the body is embalmed embalmed, or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other provision of law to the contrary, law, an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer. (7) Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other provision of law to the contrary, law, the person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature. (8) Date accepted for registration and signature of local registrar. Notwithstanding any other provision of law to the contrary, law, the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature. (b) The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate: (1) Disease or conditions leading directly to death and antecedent causes. (2) Operations and major findings thereof. (3) Accident and injury information. (4) Information indicating whether the decedent was pregnant at the time of death, or within the year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. This paragraph shall not be interpreted to require the performance of a pregnancy test on a decedent, or to require a review of medical records in order to determine pregnancy. (5) Commencing July 1, 2016, information indicating whether the cause of death was suicide. This information shall include all methods of suicide, including suicides that involve law enforcement, also known as “suicide by cop.” SEC. 3. Section 102791 is added to the Health and Safety Code, to read: 102791. Commencing July 1, 2016, the local registrar shall make data on veteran suicides available to the Department of Veterans Affairs and the United States Department of Veterans Affairs. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. SECTION 1. Section 800 of the Military and Veterans Code is amended to read: 800. (a)(1)Subject to subdivision (b), in addition to any other benefit provided by law, and to the extent permitted by federal law, any member of the United States Military Reserve or the National Guard of this state who is called to active duty after the enactment of this chapter and before January 1, 2014, as a part of the Iraq and Afghanistan conflicts, may defer payments on any of the following obligations while serving on active duty: (A)An obligation secured by a mortgage or deed of trust. (B)Credit card, as defined in Section 1747.02 of the Civil Code. (C)Retail installment contract, as defined in Section 1802.6 of the Civil Code. (D)Retail installment account, installment account, or revolving account, as defined in Section 1802.7 of the Civil Code. (E)Up to two vehicle loans. (F)Any payment of property tax or special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist’s primary place of residence on the date the reservist was ordered to active duty. (2)Subject to subdivision (b), in addition to any other benefit provided by law, and to the extent permitted by federal law, a reservist who is called to active duty on and after January 1, 2014, may defer payments on any of the following obligations while serving on active duty: (A)An obligation secured by a mortgage or deed of trust. (B)Credit card, as defined in Section 1747.02 of the Civil Code. (C)Retail installment contract, as defined in Section 1802.6 of the Civil Code. (D)Retail installment account, installment account, or revolving account, as defined in Section 1802.7 of the Civil Code. (E)Up to two vehicle loans. (F)Any payment of property tax or special assessment of in-lieu property tax imposed on real property that is assessed on residential property owned by the reservist and used as that reservist’s primary place of residence on the date the reservist was ordered to active duty. (G)Any obligation owed to a utility company. (b)(1)In order for an obligation or liability of a reservist to be subject to this chapter, the reservist or the reservist’s designee shall deliver to the obligor both of the following: (A)A letter signed by the reservist, under penalty of perjury, requesting a deferment of financial obligations. (B)A copy of the reservist’s activation or deployment order and any other information that substantiates the duration of the service member’s military service. (2)If required by a financial institution, proof that the reservist’s employer does not provide continuing income to the reservist while the reservist is on active military duty, including the reservist’s military pay, of more than 90 percent of the reservist’s monthly salary and wage income earned before the call to active duty. (c)Upon request of the reservist or the reservist’s dependent or designee and within five working days of that request, if applicable, the employer of a reservist shall furnish the letter or other comparable evidence showing that the employer’s compensation policy does not provide continuing income to the reservist, including the reservist’s military pay, of more than 90 percent of the reservist’s monthly salary and wage income earned before the call to active duty. (d)The deferral period on financial obligations shall be the lesser of 180 days or the period of active duty plus 60 calendar days, and shall apply only to those payments due subsequent to the notice provided to a lender as provided in subdivision (b). In addition, the total period of the deferment shall not exceed 180 days within a 365-day period. (e)If a lender defers payments on a closed end credit obligation or an open-end credit obligation with a maturity date, pursuant to this chapter, the lender shall extend the term of the obligation by the amount of months the obligation was deferred. (f)If a lender defers payments on an open-end credit obligation pursuant to this chapter, the lender may restrict the availability of additional credit with respect to that obligation during the term of the deferral. (g)For purposes of this chapter, “vehicle” means a vehicle as defined in Section 670 of the Vehicle Code. ### Summary: This bill amends the Health and Safety Code to require the State Registrar to include on the certificate of death whether the decedent was ever in the armed forces of the United

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 do all of the following: (a) Establish conflict-of-interest policies for the governing body of charter schools that mirror existing conflict-of-interest policies followed by the governing board of school districts. (b) Provide transparency in the operations of the many charter schools that are providing quality educational options for parents and pupils and renew the faith of parents and the community that their local charter school is acting in the best interests of pupils. (c) Continue to provide greater autonomy to charter schools than traditional public schools and provide greater transparency to parents and the public with regard to the use of public funds by the governing body of charter schools for the educational benefit of their pupils. (d) Establish standards and procedures consistent with the Charter Schools Act of 1992 to avoid conflicts of interest in charter schools. SEC. 2. Section 47604.1 is added to the Education Code, to read: 47604.1. (a) A charter school is subject to all of the following: (1) The Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), except that a charter school operated by an entity governed by the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) is subject to the Bagley-Keene Open Meeting Act regardless of the authorizing entity. (2) The California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (3) The Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). (b) Notwithstanding Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1, an individual may serve as a member of the governing body of a charter school and be employed in a separate position at that charter school. Such a member of the governing body of a charter school shall abstain from voting on all matters uniquely affecting his or her own employment. (c) A member of the governing body of a charter school shall abstain from voting on personnel matters that uniquely affect a relative of the member but may vote on collective bargaining agreements and personnel matters that affect a class of employees to which the relative belongs. For purposes of this section, “relative” means an adult who is related to the person by blood or affinity within the third degree, as determined by the common law, or an individual in an adoptive relationship within the third degree. (d) A person who is disqualified by the California Constitution or laws of the state from holding a civil office shall not serve on the governing body of a charter school. (e) To the extent that the governing body of a charter school engages in activities that are not related to the operation of the charter school, this section does not make those unrelated activities subject to the Ralph M. Brown Act, the Bagley-Keene Open Meeting Act, or the California Public Records Act. A meeting of the governing body of a charter school to discuss items related to the operation of the charter school shall not include discussion of any item regarding an activity of the governing body that is not related to the operation of the charter school. (f) The governing body of a charter school may meet within the physical boundaries of the county or counties in which one or more of the charter school’s facilities are located provided that proper notices pursuant to the Ralph M. Brown Act and the Bagley-Keene Open Meeting Act are posted within the physical boundaries of each of the counties in which any of the charter school’s facilities are located. A charter school also may meet in a county contiguous to the county where one or more of the charter school’s facilities are located if at least 10 percent of the pupils who are enrolled in the charter school reside in that contiguous county. A nonclassroom-based charter school that does not have a facility may meet within the boundaries of the county in which the greatest number of pupils who are enrolled in the charter school reside. (g) The governing body of a charter school may hold closed sessions to consider a matter regarding pupil discipline as described in Section 48912. (h) For purposes of the Political Reform Act of 1974, the jurisdiction of a charter school shall be the county or counties in which the charter school’s facility or facilities are located. The jurisdiction for a nonclassroom-based charter school that does not have a facility shall be the physical boundaries of the county or counties where at least 10 percent of the pupils who are enrolled in the charter school reside or, if at least 10 percent of the pupils do not reside in a single county, the county in which the greatest number of pupils who are enrolled in the charter school reside. (i) A statement of economic interest that is filed by a designated person at a charter school after the required deadline pursuant to the Political Reform Act of 1974 shall not be the sole basis for revocation of a charter pursuant to Section 47607. (j) For purposes of this section, “facility” means a charter school campus, resource center, meeting space, or satellite facility. (k) This section shall become operative on July 1, 2016.

(1) The Ralph M. Brown Act requires that all meetings of a legislative body, as defined, of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. This bill would expressly state that a charter school is subject to the Ralph M. Brown Act, unless it is operated by an entity governed by the Bagley-Keene Open Meeting Act, in which case the charter school would be subject to the Bagley-Keene Open Meeting Act. (2) 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 expressly state that a charter school is subject to the California Public Records Act. (3) The Political Reform Act of 1974 requires every state agency and local governmental agency to adopt a conflict-of-interest code, formulated at the most decentralized level possible, that requires designated employees of the agency to file statements of economic interest disclosing any investments, business positions, interests in real property, or sources of income that may foreseeably be affected materially by any governmental decision made or participated in by the designated employee by virtue of his or her position. This bill would expressly state that a charter school is subject to the Political Reform Act of 1974. (4) This bill would state various exceptions and clarifications regarding theest Key Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO Bill 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 do all of the following: (a) Establish conflict-of-interest policies for the governing body of charter schools that mirror existing conflict-of-interest policies followed by the governing board of school districts. (b) Provide transparency in the operations of the many charter schools that are providing quality educational options for parents and pupils and renew the faith of parents and the community that their local charter school is acting in the best interests of pupils. (c) Continue to provide greater autonomy to charter schools than traditional public schools and provide greater transparency to parents and the public with regard to the use of public funds by the governing body of charter schools for the educational benefit of their pupils. (d) Establish standards and procedures consistent with the Charter Schools Act of 1992 to avoid conflicts of interest in charter schools. SEC. 2. Section 47604.1 is added to the Education Code, to read: 47604.1. (a) A charter school is subject to all of the following: (1) The Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), except that a charter school operated by an entity governed by the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) is subject to the Bagley-Keene Open Meeting Act regardless of the authorizing entity. (2) The California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (3) The Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). (b) Notwithstanding Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1, an individual may serve as a member of the governing body of a charter school and be employed in a separate position at that charter school. Such a member of the governing body of a charter school shall abstain from voting on all matters uniquely affecting his or her own employment. (c) A member of the governing body of a charter school shall abstain from voting on personnel matters that uniquely affect a relative of the member but may vote on collective bargaining agreements and personnel matters that affect a class of employees to which the relative belongs. For purposes of this section, “relative” means an adult who is related to the person by blood or affinity within the third degree, as determined by the common law, or an individual in an adoptive relationship within the third degree. (d) A person who is disqualified by the California Constitution or laws of the state from holding a civil office shall not serve on the governing body of a charter school. (e) To the extent that the governing body of a charter school engages in activities that are not related to the operation of the charter school, this section does not make those unrelated activities subject to the Ralph M. Brown Act, the Bagley-Keene Open Meeting Act, or the California Public Records Act. A meeting of the governing body of a charter school to discuss items related to the operation of the charter school shall not include discussion of any item regarding an activity of the governing body that is not related to the operation of the charter school. (f) The governing body of a charter school may meet within the physical boundaries of the county or counties in which one or more of the charter school’s facilities are located provided that proper notices pursuant to the Ralph M. Brown Act and the Bagley-Keene Open Meeting Act are posted within the physical boundaries of each of the counties in which any of the charter school’s facilities are located. A charter school also may meet in a county contiguous to the county where one or more of the charter school’s facilities are located if at least 10 percent of the pupils who are enrolled in the charter school reside in that contiguous county. A nonclassroom-based charter school that does not have a facility may meet within the boundaries of the county in which the greatest number of pupils who are enrolled in the charter school reside. (g) The governing body of a charter school may hold closed sessions to consider a matter regarding pupil discipline as described in Section 48912. (h) For purposes of the Political Reform Act of 1974, the jurisdiction of a charter school shall be the county or counties in which the charter school’s facility or facilities are located. The jurisdiction for a nonclassroom-based charter school that does not have a facility shall be the physical boundaries of the county or counties where at least 10 percent of the pupils who are enrolled in the charter school reside or, if at least 10 percent of the pupils do not reside in a single county, the county in which the greatest number of pupils who are enrolled in the charter school reside. (i) A statement of economic interest that is filed by a designated person at a charter school after the required deadline pursuant to the Political Reform Act of 1974 shall not be the sole basis for revocation of a charter pursuant to Section 47607. (j) For purposes of this section, “facility” means a charter school campus, resource center, meeting space, or satellite facility. (k) This section shall become operative on July 1, 2016.

<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 do all of the following: (a) Establish conflict-of-interest policies for the governing body of charter schools that mirror existing conflict-of-interest policies followed by the governing board of school districts. (b) Provide transparency in the operations of the many charter schools that are providing quality educational options for parents and pupils and renew the faith of parents and the community that their local charter school is acting in the best interests of pupils. (c) Continue to provide greater autonomy to charter schools than traditional public schools and provide greater transparency to parents and the public with regard to the use of public funds by the governing body of charter schools for the educational benefit of their pupils. (d) Establish standards and procedures consistent with the Charter Schools Act of 1992 to avoid conflicts of interest in charter schools. SEC. 2. Section 47604.1 is added to the Education Code, to read: 47604.1. (a) A charter school is subject to all of the following: (1) The Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), except that a charter school operated by an entity governed by the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) is subject to the Bagley-Keene Open Meeting Act regardless of the authorizing entity. (2) The California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (3) The Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). (b) Notwithstanding Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1, an individual may serve as a member of the governing body of a charter school and be employed in a separate position at that charter school. Such a member of the governing body of a charter school shall abstain from voting on all matters uniquely affecting his or her own employment. (c) A member of the governing body of a charter school shall abstain from voting on personnel matters that uniquely affect a relative of the member but may vote on collective bargaining agreements and personnel matters that affect a class of employees to which the relative belongs. For purposes of this section, “relative” means an adult who is related to the person by blood or affinity within the third degree, as determined by the common law, or an individual in an adoptive relationship within the third degree. (d) A person who is disqualified by the California Constitution or laws of the state from holding a civil office shall not serve on the governing body of a charter school. (e) To the extent that the governing body of a charter school engages in activities that are not related to the operation of the charter school, this section does not make those unrelated activities subject to the Ralph M. Brown Act, the Bagley-Keene Open Meeting Act, or the California Public Records Act. A meeting of the governing body of a charter school to discuss items related to the operation of the charter school shall not include discussion of any item regarding an activity of the governing body that is not related to the operation of the charter school. (f) The governing body of a charter school may meet within the physical boundaries of the county or counties in which one or more of the charter school’s facilities are located provided that proper notices pursuant to the Ralph M. Brown Act and the Bagley-Keene Open Meeting Act are posted within the physical boundaries of each of the counties in which any of the charter school’s facilities are located. A charter school also may meet in a county contiguous to the county where one or more of the charter school’s facilities are located if at least 10 percent of the pupils who are enrolled in the charter school reside in that contiguous county. A nonclassroom-based charter school that does not have a facility may meet within the boundaries of the county in which the greatest number of pupils who are enrolled in the charter school reside. (g) The governing body of a charter school may hold closed sessions to consider a matter regarding pupil discipline as described in Section 48912. (h) For purposes of the Political Reform Act of 1974, the jurisdiction of a charter school shall be the county or counties in which the charter school’s facility or facilities are located. The jurisdiction for a nonclassroom-based charter school that does not have a facility shall be the physical boundaries of the county or counties where at least 10 percent of the pupils who are enrolled in the charter school reside or, if at least 10 percent of the pupils do not reside in a single county, the county in which the greatest number of pupils who are enrolled in the charter school reside. (i) A statement of economic interest that is filed by a designated person at a charter school after the required deadline pursuant to the Political Reform Act of 1974 shall not be the sole basis for revocation of a charter pursuant to Section 47607. (j) For purposes of this section, “facility” means a charter school campus, resource center, meeting space, or satellite facility. (k) This section shall become operative on July 1, 2016. ### Summary: This bill establishes conflict-of-interest policies for the governing body of charter schools that mirror existing conflict-of-interest policies followed by the governing board of school

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares the following: (a) Almost 50 percent of clinical trial studies are not finished in time due to low patient participation, recruitment and navigation difficulties, and other barriers for patients. Due to economic and socioeconomic circumstances and lack of patient knowledge, clinical oncology trial participation and retention are both very low as they relate to eligible participants. (b) Overall, only 3 percent of eligible cancer patients participate in clinical trials, and of those only 5 percent of trial participants are from racial or ethnic minority communities. (c) One barrier that prevents patients from participating in federal Food and Drug Administration clinical trials is finances. Patients of low to moderate income are often unable to bear the burden of the ancillary costs of participating, such as airfare, lodging, rental cars, and fuel. (d) The American Medical Association conducted a study on cancer trial participation. The study found that from 1996 to 2002, of the 75,215 patients enrolled in the National Cancer Institute trials for breast, lung, colorectal, and prostate cancers, only 3.1 percent were Hispanic, 9.2 percent were Black, and 1.9 percent were Asian or Pacific Islanders, while 85.6 percent were White. This lack of diversity is of concern because of its impact on researchers’ ability to evaluate the effect of new treatments on different populations. It also speaks to a lack of access to potentially lifesaving trials for a large portion of the population. (e) It is the intent of the Legislature to establish a program to enable willing patients of low to moderate income to participate in cancer clinical trials in order to boost participation rates, ensure these trials are widely accessible, improve the development of cancer therapies, and enhance innovation. SEC. 2. Chapter 2 (commencing with Section 101990) is added to Part 6 of Division 101 of the Health and Safety Code, to read: CHAPTER 2. Cancer Clinical Trials 101990. (a) “Board” means the Board of Trustees of the Cancer Clinical Trials Foundation. (b) “Foundation” means the Cancer Clinical Trials Foundation. (c) “Fund” means the Cancer Clinical Trials Fund. 101991. (a) The agency shall establish a nonprofit public benefit corporation, to be known as the Cancer Clinical Trials Foundation, that shall be governed by a board consisting of a total of five members. Three members shall be appointed by the Governor. Of these members, one shall be from a public cancer research institution, and one shall be from a private cancer research institution. One member shall be appointed by the Speaker of the Assembly. One member shall be appointed by the President pro Tempore of the Senate. (b) All persons appointed to the board shall have an interest in increasing access to cancer clinical trials and the ability and desire to solicit funds for the purpose of increasing access to clinical trials as provided in this chapter. (c) The Governor shall appoint the president of the board from among those members appointed by the Governor, the Speaker of the Assembly, and the President pro Tempore of the Senate. (d) The foundation, or an authorized representative thereof, shall apply for tax exempt status under Section 501(c)(3) of the Internal Revenue Code. (e) Members of the board shall serve without compensation but shall be reimbursed for any actual and necessary expenses incurred in connection with their duties as members of the board. (f) The foundation shall be subject to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 2 of the Corporations Code). (g) The California Health and Human Services Agency shall determine which department in the agency shall administer the foundation. 101992. (a) Of the members of the board first appointed by the Governor pursuant to Section 101991, one member shall be appointed to serve a two-year term, one member shall be appointed to serve a three-year term, and one member shall be appointed to serve a four-year term. (b) Of the members of the board first appointed by the Speaker of the Assembly and the President pro Tempore of the Senate pursuant to Section 101991, each member shall be appointed to serve a four-year term. (c) Upon the expiration of the initial appointments for the board, each member shall be appointed to serve a four-year term. 101993. (a) There is hereby created in the State Treasury the Cancer Clinical Trials Fund. Moneys in the fund shall be used for the administration and support of the program created pursuant to this chapter upon appropriation of the Legislature. (b) The Cancer Clinical Trials Foundation may solicit and receive funds from business, industry, foundations, and other private and public sources for the purpose of administering the Cancer Clinical Trials Grant Program to increase patient access to cancer clinical trials. (c) The agency may apply for federal funds for the foundation. (d) The board shall use no more than 20 percent of funds made available for the Cancer Clinical Trials Grant Program for administrative costs. 101993.5. (a) The agency may not spend more than three hundred thousand dollars ($300,000) of moneys appropriated to the agency to establish the foundation. (b) Any money used to establish the foundation shall be paid back to the agency on or before January 1, 2021, from moneys donated to the Cancer Clinical Trials Fund. (c) After the initial investment authorized by subdivision (a), no General Fund moneys shall be used to operate the foundation. 101994. (a) Upon contribution of at least five hundred thousand dollars ($500,000) to the foundation, the board shall establish the Cancer Clinical Trials Grant Program to increase patient access to cancer clinical trials in underserved or disadvantaged communities and populations, including among women and patients from racial and ethnic minority communities. The board shall determine the criteria to award grants, and may award grants to either or both of the following: (1) Public and private research institutions and hospitals that conduct cancer clinical trials approved by the federal Food and Drug Administration. (2) Nonprofit organizations described in Section 501(c)(3) of the Internal Revenue Code of 1954 that are exempt from income tax under Section 501(a) of that code and that specialize in direct patient support for improved clinical trial enrollment and retention. (b) Grants awarded pursuant to subdivision (a) shall be used for activities to increase patient access to cancer clinical trials, including, but not limited to, any of the following: (1) Patient navigator services or programs. (2) Education and community outreach. (3) Patient-friendly technical tools to assist patients in identifying available clinical trials. (4) Translation and interpretation services of clinical trial information. (5) Counseling services for clinical trial participants. (6) Well-being services for clinical trial participants, including, but not limited to, physical therapy, pain management, stress management, and nutrition management. (7) Payment of ancillary costs for patients and caregivers, including, but not limited to: (A) Airfare during the clinical trial. (B) Lodging during the clinical trial. (C) Rental cars during the clinical trial. (D) Fuel during the clinical trial. (E) Local transportation via bus, train, or other public transportation during the clinical trial. (F) Meals during the clinical trial. (G) Child care costs during the clinical trial. (c) If the foundation does not receive five hundred thousand dollars ($500,000) or more by January 1, 2021, moneys remaining after the repayment required pursuant to subdivision (b) of Section 101993.5 shall be returned to the donors on a pro rata basis. (d) If the grant program is established pursuant to this section, all moneys in the fund shall be awarded by grant prior to the repeal of this chapter. 101995. (a) Grant recipients shall report to the board to ensure the appropriate use of funds within one year of receiving a grant. (b) (1) The board shall report to the Legislature to ensure the appropriate use of the funds. The report shall include accountability measures, including, but not limited to, a description of how the funds were used, an evaluation of the grant program, and recommendations for the program. This report shall be submitted by January 1, 2020. (2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January, 1, 2024, pursuant to Section 10231.5 of the Government Code. 101996. This chapter shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.

Existing law establishes the scope and function of the California Health and Human Services Agency, which includes departments charged with administering laws pertaining to public health and social services, among other things. Existing law also establishes the Inclusion of Women and Minorities in Clinical Research Act, which is designed to promote the inclusion of women and minority groups in clinical research, including clinical trials. This bill, until January 1, 2022, would establish the Cancer Clinical Trials Foundation in the Health and Human Services Agency, to be governed by a board of trustees. Members of the board would be appointed as specified. The bill would also create the Cancer Clinical Trials Fund, to be used to administer a grant program. The bill would limit the amount the agency may spend to establish the foundation to $300,000 of appropriated funds, to be repaid by January 1, 2021, but would otherwise prohibit General Fund moneys from being used for the foundation. The bill would authorize the board to solicit and receive money, as specified, and would authorize the agency to apply for federal funds for this purpose. The bill would require the board, upon contribution of at least $500,000 to the fund, to establish the Cancer Clinical Trials Grant Program, in order to increase patient access to cancer clinical trials in specified populations. The bill would require that grant money be used for designated purposes, and would also require grant recipients to report to the board. The bill would require the board to report to the Legislature, as specified. This bill would make related findings.

<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) Almost 50 percent of clinical trial studies are not finished in time due to low patient participation, recruitment and navigation difficulties, and other barriers for patients. Due to economic and socioeconomic circumstances and lack of patient knowledge, clinical oncology trial participation and retention are both very low as they relate to eligible participants. (b) Overall, only 3 percent of eligible cancer patients participate in clinical trials, and of those only 5 percent of trial participants are from racial or ethnic minority communities. (c) One barrier that prevents patients from participating in federal Food and Drug Administration clinical trials is finances. Patients of low to moderate income are often unable to bear the burden of the ancillary costs of participating, such as airfare, lodging, rental cars, and fuel. (d) The American Medical Association conducted a study on cancer trial participation. The study found that from 1996 to 2002, of the 75,215 patients enrolled in the National Cancer Institute trials for breast, lung, colorectal, and prostate cancers, only 3.1 percent were Hispanic, 9.2 percent were Black, and 1.9 percent were Asian or Pacific Islanders, while 85.6 percent were White. This lack of diversity is of concern because of its impact on researchers’ ability to evaluate the effect of new treatments on different populations. It also speaks to a lack of access to potentially lifesaving trials for a large portion of the population. (e) It is the intent of the Legislature to establish a program to enable willing patients of low to moderate income to participate in cancer clinical trials in order to boost participation rates, ensure these trials are widely accessible, improve the development of cancer therapies, and enhance innovation. SEC. 2. Chapter 2 (commencing with Section 101990) is added to Part 6 of Division 101 of the Health and Safety Code, to read: CHAPTER 2. Cancer Clinical Trials 101990. (a) “Board” means the Board of Trustees of the Cancer Clinical Trials Foundation. (b) “Foundation” means the Cancer Clinical Trials Foundation. (c) “Fund” means the Cancer Clinical Trials Fund. 101991. (a) The agency shall establish a nonprofit public benefit corporation, to be known as the Cancer Clinical Trials Foundation, that shall be governed by a board consisting of a total of five members. Three members shall be appointed by the Governor. Of these members, one shall be from a public cancer research institution, and one shall be from a private cancer research institution. One member shall be appointed by the Speaker of the Assembly. One member shall be appointed by the President pro Tempore of the Senate. (b) All persons appointed to the board shall have an interest in increasing access to cancer clinical trials and the ability and desire to solicit funds for the purpose of increasing access to clinical trials as provided in this chapter. (c) The Governor shall appoint the president of the board from among those members appointed by the Governor, the Speaker of the Assembly, and the President pro Tempore of the Senate. (d) The foundation, or an authorized representative thereof, shall apply for tax exempt status under Section 501(c)(3) of the Internal Revenue Code. (e) Members of the board shall serve without compensation but shall be reimbursed for any actual and necessary expenses incurred in connection with their duties as members of the board. (f) The foundation shall be subject to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 2 of the Corporations Code). (g) The California Health and Human Services Agency shall determine which department in the agency shall administer the foundation. 101992. (a) Of the members of the board first appointed by the Governor pursuant to Section 101991, one member shall be appointed to serve a two-year term, one member shall be appointed to serve a three-year term, and one member shall be appointed to serve a four-year term. (b) Of the members of the board first appointed by the Speaker of the Assembly and the President pro Tempore of the Senate pursuant to Section 101991, each member shall be appointed to serve a four-year term. (c) Upon the expiration of the initial appointments for the board, each member shall be appointed to serve a four-year term. 101993. (a) There is hereby created in the State Treasury the Cancer Clinical Trials Fund. Moneys in the fund shall be used for the administration and support of the program created pursuant to this chapter upon appropriation of the Legislature. (b) The Cancer Clinical Trials Foundation may solicit and receive funds from business, industry, foundations, and other private and public sources for the purpose of administering the Cancer Clinical Trials Grant Program to increase patient access to cancer clinical trials. (c) The agency may apply for federal funds for the foundation. (d) The board shall use no more than 20 percent of funds made available for the Cancer Clinical Trials Grant Program for administrative costs. 101993.5. (a) The agency may not spend more than three hundred thousand dollars ($300,000) of moneys appropriated to the agency to establish the foundation. (b) Any money used to establish the foundation shall be paid back to the agency on or before January 1, 2021, from moneys donated to the Cancer Clinical Trials Fund. (c) After the initial investment authorized by subdivision (a), no General Fund moneys shall be used to operate the foundation. 101994. (a) Upon contribution of at least five hundred thousand dollars ($500,000) to the foundation, the board shall establish the Cancer Clinical Trials Grant Program to increase patient access to cancer clinical trials in underserved or disadvantaged communities and populations, including among women and patients from racial and ethnic minority communities. The board shall determine the criteria to award grants, and may award grants to either or both of the following: (1) Public and private research institutions and hospitals that conduct cancer clinical trials approved by the federal Food and Drug Administration. (2) Nonprofit organizations described in Section 501(c)(3) of the Internal Revenue Code of 1954 that are exempt from income tax under Section 501(a) of that code and that specialize in direct patient support for improved clinical trial enrollment and retention. (b) Grants awarded pursuant to subdivision (a) shall be used for activities to increase patient access to cancer clinical trials, including, but not limited to, any of the following: (1) Patient navigator services or programs. (2) Education and community outreach. (3) Patient-friendly technical tools to assist patients in identifying available clinical trials. (4) Translation and interpretation services of clinical trial information. (5) Counseling services for clinical trial participants. (6) Well-being services for clinical trial participants, including, but not limited to, physical therapy, pain management, stress management, and nutrition management. (7) Payment of ancillary costs for patients and caregivers, including, but not limited to: (A) Airfare during the clinical trial. (B) Lodging during the clinical trial. (C) Rental cars during the clinical trial. (D) Fuel during the clinical trial. (E) Local transportation via bus, train, or other public transportation during the clinical trial. (F) Meals during the clinical trial. (G) Child care costs during the clinical trial. (c) If the foundation does not receive five hundred thousand dollars ($500,000) or more by January 1, 2021, moneys remaining after the repayment required pursuant to subdivision (b) of Section 101993.5 shall be returned to the donors on a pro rata basis. (d) If the grant program is established pursuant to this section, all moneys in the fund shall be awarded by grant prior to the repeal of this chapter. 101995. (a) Grant recipients shall report to the board to ensure the appropriate use of funds within one year of receiving a grant. (b) (1) The board shall report to the Legislature to ensure the appropriate use of the funds. The report shall include accountability measures, including, but not limited to, a description of how the funds were used, an evaluation of the grant program, and recommendations for the program. This report shall be submitted by January 1, 2020. (2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January, 1, 2024, pursuant to Section 10231.5 of the Government Code. 101996. This chapter shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, 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 554 of the Labor Code is amended to read: 554. (a) Sections 551 and 552 do not apply to cases of emergency or to work performed in the protection of life or property from loss or destruction, or to any common carrier engaged in or connected with the movement of trains. Nothing in this chapter shall be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires that the employee work seven or more consecutive days, if in each calendar month the employee receives days of rest equivalent to one day’s rest in seven. The requirement respecting the equivalent of one day’s rest in seven shall apply, notwithstanding the other provisions of this chapter relating to collective bargaining agreements, where the employer and a labor organization representing employees of the employer have entered into a valid collective bargaining agreement respecting the hours of work of the employees, unless the agreement expressly provides otherwise. (b) In addition to the exceptions specified in subdivision (a), the Chief of the Division of Labor Standards Enforcement may, when in his or her judgment hardship will result, exempt any employer or employees from the provisions of Sections 551 and 552. SEC. 2. Chapter 6 (commencing with Section 857) is added to Part 2 of Division 2 of the Labor Code, to read: CHAPTER 6. Agriculture 857. This chapter shall be known and may be cited as the Phase-In Overtime for Agricultural Workers Act of 2016. 858. The Legislature finds and declares all of the following: (a) Agricultural employees engage in back-breaking work every day. (b) Few occupations in today’s America are as physically demanding and exhausting as agricultural work. (c) In 1938, the United States Congress enacted the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), which excluded agricultural workers from wage protections and overtime compensation requirements. (d) It is the intent of the Legislature to enact the Phase-In Overtime for Agricultural Workers Act of 2016 to provide any person employed in an agricultural occupation in California, as defined in Order No. 14-2001 of the Industrial Welfare Commission (revised 07-2014) with an opportunity to earn overtime compensation under the same standards as millions of other Californians. 859. For purposes of this chapter, “employed in an agricultural occupation” has the same meaning as in Order No.14-2001 of the Industrial Welfare Commission (revised 07-2014). 860. Notwithstanding any other provision of law, including Chapter 1 (commencing with Section 500): (a) (1) Commencing January 1, 2019, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine and one-half hours in any one workday or work in excess of 55 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over nine and one-half hours in any workday or over 55 hours in any workweek. (2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2022. (b) (1) Commencing January 1, 2020, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine hours in any one workday or work in excess of 50 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over nine hours in any workday or over 50 hours in any workweek. (2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2023. (c) (1) Commencing January 1, 2021, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight and one-half hours in any one workday or work in excess of 45 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over eight and one-half hours in any workday or over 45 hours in any workweek. (2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2024. (d) (1) Commencing January 1, 2022, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight hours in any one workday or work in excess of 40 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over eight hours in any workday or over 40 hours in any workweek. (2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025. 861. Except as set forth in Section 860 and subdivision (a) of Section 862, all other provisions of Chapter 1 (commencing with Section 500) regarding compensation for overtime work shall apply to workers in an agricultural occupation commencing January 1, 2017. 862. (a) Beginning January 1, 2022, except as provided in subdivision (c), and consistent with Section 510, any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day shall be compensated at the rate of no less than twice the employee’s regular rate of pay. (b) Consistent with Section 861, notwithstanding subdivision (a) or Section 863, the other provisions of Section 510 shall be applicable to workers in an agricultural occupation commencing January 1, 2019. (c) Subdivision (a) shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025. 863. (a) Notwithstanding Section 860 or 862, the Governor may temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860, or subdivision (a) of Section 862 only if the Governor suspends scheduled minimum wage increases pursuant to clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12. (b) If the Governor makes a final determination to temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 for the following year, all implementation dates applicable to Section 860 and subdivision (a) of Section 862 that are suspended subsequent to the September 1 final determination date, consistent with clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12, shall be postponed by an additional year, but the full implementation of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 shall in no event be later than January 1, 2022. The Governor’s temporary suspension under this section shall be by proclamation. (c) The Governor’s authority to suspend the scheduled overtime requirements under this section shall end upon the phase in of the overtime requirements contained in subdivision (d) of Section 860, the phase in of the overtime requirements contained in subdivision (c) of Section 862, or January 1, 2025, whichever occurs first. 864. The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this chapter, except that any existing provision in Wage Order 14-2001 providing greater protections or benefits to agricultural employees shall continue in full force and effect, notwithstanding any provision of this chapter. 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 sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. Existing law exempts agricultural employees from these requirements. Under existing law, the function of the Department of Industrial Relations is to, among other things, foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. This bill would remove the exemption for agricultural employees regarding hours, meal breaks, and other working conditions, including specified wage requirements, and would create a schedule that would phase in overtime requirements for agricultural workers, as defined, over the course of 4 years, from 2019 to 2022, inclusive. Beginning January 1, 2022, the bill would require any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day to be compensated at the rate of no less than twice the employee’s regular rate of pay. The bill would provide employers who employ 25 or fewer employees an additional 3 years to comply with the phasing in of these overtime requirements. The bill would authorize the Governor to delay the implementation of these overtime pay provisions if the Governor also suspends the implementation of a scheduled state minimum wage increase, as specified. The bill would require the Department of Industrial Relations to update a specified wage order for consistency with these provisions, as specified. The bill would create a state-mandated local program by including agricultural employees as a class of employees protected by criminal penalties under existing law. 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 554 of the Labor Code is amended to read: 554. (a) Sections 551 and 552 do not apply to cases of emergency or to work performed in the protection of life or property from loss or destruction, or to any common carrier engaged in or connected with the movement of trains. Nothing in this chapter shall be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires that the employee work seven or more consecutive days, if in each calendar month the employee receives days of rest equivalent to one day’s rest in seven. The requirement respecting the equivalent of one day’s rest in seven shall apply, notwithstanding the other provisions of this chapter relating to collective bargaining agreements, where the employer and a labor organization representing employees of the employer have entered into a valid collective bargaining agreement respecting the hours of work of the employees, unless the agreement expressly provides otherwise. (b) In addition to the exceptions specified in subdivision (a), the Chief of the Division of Labor Standards Enforcement may, when in his or her judgment hardship will result, exempt any employer or employees from the provisions of Sections 551 and 552. SEC. 2. Chapter 6 (commencing with Section 857) is added to Part 2 of Division 2 of the Labor Code, to read: CHAPTER 6. Agriculture 857. This chapter shall be known and may be cited as the Phase-In Overtime for Agricultural Workers Act of 2016. 858. The Legislature finds and declares all of the following: (a) Agricultural employees engage in back-breaking work every day. (b) Few occupations in today’s America are as physically demanding and exhausting as agricultural work. (c) In 1938, the United States Congress enacted the federal Fair Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.), which excluded agricultural workers from wage protections and overtime compensation requirements. (d) It is the intent of the Legislature to enact the Phase-In Overtime for Agricultural Workers Act of 2016 to provide any person employed in an agricultural occupation in California, as defined in Order No. 14-2001 of the Industrial Welfare Commission (revised 07-2014) with an opportunity to earn overtime compensation under the same standards as millions of other Californians. 859. For purposes of this chapter, “employed in an agricultural occupation” has the same meaning as in Order No.14-2001 of the Industrial Welfare Commission (revised 07-2014). 860. Notwithstanding any other provision of law, including Chapter 1 (commencing with Section 500): (a) (1) Commencing January 1, 2019, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine and one-half hours in any one workday or work in excess of 55 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over nine and one-half hours in any workday or over 55 hours in any workweek. (2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2022. (b) (1) Commencing January 1, 2020, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than nine hours in any one workday or work in excess of 50 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over nine hours in any workday or over 50 hours in any workweek. (2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2023. (c) (1) Commencing January 1, 2021, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight and one-half hours in any one workday or work in excess of 45 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over eight and one-half hours in any workday or over 45 hours in any workweek. (2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2024. (d) (1) Commencing January 1, 2022, except as provided in paragraph (2), any person employed in an agricultural occupation shall not be employed more than eight hours in any one workday or work in excess of 40 hours in any one workweek, unless the employee receives one and one-half times that employee’s regular rate of pay for all hours worked over eight hours in any workday or over 40 hours in any workweek. (2) This subdivision shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025. 861. Except as set forth in Section 860 and subdivision (a) of Section 862, all other provisions of Chapter 1 (commencing with Section 500) regarding compensation for overtime work shall apply to workers in an agricultural occupation commencing January 1, 2017. 862. (a) Beginning January 1, 2022, except as provided in subdivision (c), and consistent with Section 510, any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day shall be compensated at the rate of no less than twice the employee’s regular rate of pay. (b) Consistent with Section 861, notwithstanding subdivision (a) or Section 863, the other provisions of Section 510 shall be applicable to workers in an agricultural occupation commencing January 1, 2019. (c) Subdivision (a) shall apply to an employer who employs 25 or fewer employees commencing January 1, 2025. 863. (a) Notwithstanding Section 860 or 862, the Governor may temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860, or subdivision (a) of Section 862 only if the Governor suspends scheduled minimum wage increases pursuant to clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12. (b) If the Governor makes a final determination to temporarily suspend scheduled phase in of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 for the following year, all implementation dates applicable to Section 860 and subdivision (a) of Section 862 that are suspended subsequent to the September 1 final determination date, consistent with clause (i) of subparagraph (A) of, and subparagraph (B) of, paragraph (3) of subdivision (d) of Section 1182.12, shall be postponed by an additional year, but the full implementation of the overtime requirements set forth in Section 860 or subdivision (a) of Section 862 shall in no event be later than January 1, 2022. The Governor’s temporary suspension under this section shall be by proclamation. (c) The Governor’s authority to suspend the scheduled overtime requirements under this section shall end upon the phase in of the overtime requirements contained in subdivision (d) of Section 860, the phase in of the overtime requirements contained in subdivision (c) of Section 862, or January 1, 2025, whichever occurs first. 864. The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this chapter, except that any existing provision in Wage Order 14-2001 providing greater protections or benefits to agricultural employees shall continue in full force and effect, notwithstanding any provision of this chapter. 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: This bill amends the Labor Code to require that employers of agricultural workers pay overtime to employees who work more than 8 hours in a day or 40 hours

The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the Priority Project Parity Act of 2015. SEC. 2. The Legislature finds and declares all of the following: (a) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), commonly known as CEQA, was enacted with a near unanimous bipartisan vote of the Legislature in 1970 and signed into law by Governor Reagan. (b) The purpose of CEQA is to enhance public disclosure of the environmental impacts of a project and to require feasible mitigation measures or alternative project configurations that reduce significant adverse impacts to the physical environment. (c) Feasible mitigation measures and alternatives are limited to those that allow the project to achieve its objectives, fall within the jurisdiction of the lead agency, and can be readily implemented from a legal, technical, and economic perspective. (d) If, notwithstanding the feasible mitigation measures or alternative configuration, a project would have a significant unavoidable adverse impact on the physical environment or substantially contribute to an unavoidable significant adverse cumulative impact on the physical environment, an agency may nevertheless approve the project by adopting a statement explaining the overriding employment, environmental, social, economic, or other benefits that have informed the agency’s decision to approve the project. (e) In a notable contrast to the federal court interpretation of the federal National Environmental Policy Act of 1969 (42 U.S.C. Secs. 4321 et seq.), which served as a model for CEQA, California courts have decided that lawsuits challenging the adequacy of an agency’s compliance with CEQA may be brought by any party for any reason, including, but not limited to, parties seeking competitive advantage, seeking wage or other employment terms and conditions, seeking to protect private property economic values, and seeking to preclude neighborhood-scale projects that are or may increase the quality of life for lower income and racially diverse population groups, by increasing youth utilization of urban parks or by developing transit systems in urbanized areas, without regard to the environmental or other merits of the project. (f) In advising the state, regional, and local agency on the compliance requirements of CEQA, the Governor’s Office of Planning and Research has identified more than 100 potential environmental impact topics that must be evaluated for each project, has routinely adopted guidance that increases the cost and complexity of the analysis required, and continues to propose requirements that increase uncertainty and complexity, including, but not limited to, advocating for regulatory reversals of appellate court statutory interpretations, such as the “business as usual” approach to evaluating the significance of greenhouse gas emissions and the judicial classification of parking as an environmental impact based on air quality and other factors. Collectively, such ambiguous and contradictory advice has continued to increase the cost and litigation uncertainty of compliance obligations under CEQA. (g) Three private sector law firms, each representing a diverse range of parties affected by CEQA including public agencies, project applicants, and other stakeholders, have completed studies on reported appellate court decisions interpreting CEQA and those studies demonstrate that the courts have determined that the lead agencies failed to comply with some aspect of CEQA in nearly half of all cases, and that even the most elaborate environmental studies, the environmental impact reports, that are entitled to the highest level of judicial deference, failed to pass judicial muster in nearly half of all reported appellate cases over a 15-year period. Projects approved under a less costly and less time-consuming negative declaration process fail to pass judicial muster in far more than half of the cases challenging those approvals. (h) The overwhelming majority of the adverse court decisions required that project approval be vacated pending completion of further environmental studies under CEQA. (i) Notwithstanding such conclusive evidence of widespread confusion regarding the compliance requirements of CEQA, along with litigation abuse to promote nonenvironmental interests and abusive litigation tactics, such as “document dumping,” to delay agency decisions for weeks and sometimes months after the close of the comment periods prescribed by CEQA, the Legislature has declined to enact any systematic reforms that address how this 1970-era law is to be interpreted in conjunction with the hundreds of environmental and planning mandates that have subsequently been enacted as coequal legal mandates in California’s stringent and complex suite of statutes designed to protect and enhance environmental quality, including, but not limited to, statutes requiring integration of environmental protection standards in land use plans and policies. (j) The existence of an outstanding lawsuit challenging compliance with CEQA, in tandem with the high level of adverse judicial outcomes, creates significant unresolved project contingencies that generally preclude timely receipt of federal and state grant funding as well as other forms of public and private sector financing. (k) Legislative leadership has routinely sponsored last minute legislation for politically favored projects, including, but not limited to, major league sports facilities and prisons, to either exempt them from CEQA or limit the judicial remedies that are available when an adverse judicial determination has been made. These favored leadership projects have achieved this sheltered status without regard to whether the projects are consistent with an adopted sustainable communities strategy required pursuant to Section 65080 of the Government Code. This highly politicized leadership exemption process has been referred to as the “transactional” model for implementing CEQA. (l) This transactional model for implementing CEQA is an effective method of avoiding delays in financing and implementation of priority projects. There is an ample body of otherwise applicable California environmental protection and land use law in place to avoid and minimize potentially significant adverse environmental impacts to the physical environment without regard to the applicability of CEQA. No existing law creates a presumed different suite of legal compliance obligations reserved to legislative leaders and the legislative districts they represent. Legislative leadership positions do not confer upon individuals serving in those positions a monopoly on the use of the transactional model for implementing CEQA. The transactional model of legislative exemptions has a history of extending nearly to the 1970 enactment date of CEQA. (m) It is now appropriate to enact a new compliance pathway for a project identified as a priority by each Member of the Senate and Assembly. SEC. 3. Section 21168.10 is added to the Public Resources Code, to read: 21168.10. (a) (1) On or before November 15 of each year, each Member of the Legislature may annually nominate one project within his or her respective district as a priority project. (2) A member of the Legislature who chooses to nominate a project shall submit to the Governor the name of the project and sufficient information to demonstrate that the project will meet the requirements specified in paragraph (3). (3) The Governor shall designate a project as a priority project if the project meets all of the following: (A) The project will result in at least 100 new or retained full time jobs. (B) The project is consistent with the adopted sustainable communities strategy for the region in which the project is located. (C) The project applicant certifies its intent to remain in the location of the project for a minimum of five years. (b) Subject to subdivision (a), a project may be designated as a priority project pursuant to subdivision (a) at any time following the submittal of the project proposal or application to the lead agency for the commencement of environmental review pursuant to this division but not later than 30 days following the approval of the project by the lead agency. (c) Withing 10 days after the designation of a project pursuant to paragraph (3) of subdivision (a), the Governor shall provide a notice of designation to the lead agency for the designated project and to the Office of Planning and Research. The lead agency shall inform members of the public and other interested stakeholders that a project has been designated as a priority project pursuant to paragraph (3) of subdivision (a) in the lead agency’s next otherwise applicable and required public document or notice regarding the project and in all subsequent otherwise applicable and required public documents or notices regarding the project, up to and including applicable and required notice and documentation for project approval. If there is no applicable and required public document or notice, the lead agency shall provide a notice of designation to the public and interested stakeholders. (d) (1) The lead agency for a priority project shall complete all notices required by this division and, except as provided in paragraph (3), an environmental impact report shall be completed for each priority project. (2) The environmental impact report for a priority project may tier from an earlier environmental impact report completed for the existing or earlier version of the project and the tiered environmental impact report shall be limited to the consideration of significant adverse impacts resulting from the project that were not previously identified in the earlier environmental impact report, or, if the adverse impacts had been identified in the earlier environmental impact report, the impacts are more severe than previously identified. (3) A new environmental impact report is not required for a priority project that has been already included in an environmental impact report prepared and certified under this division but the lead agency shall prepare an addendum to the prior environmental impact report to explain to the public and other interested stakeholders the manner in which the project had been addressed in the prior environmental impact report. (e) (1) In granting relief in an action or proceeding brought pursuant to this division, the court shall not stay or enjoin a priority project designated pursuant to subdivision (a) unless the court finds either of the following: (A) The continued implementation of the priority project presents an imminent threat to the public health and safety. (B) The priority 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 implementation of the priority project. (2) If the court finds that subparagraph (A) or (B) is satisfied, the court shall only enjoin those specific activities associated with the priority 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. 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.

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 procedures by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA and the judicial remedies available. This bill would authorize each Member of the Legislature to nominate one project within his or her respective district each year, and the Governor to designate those projects as priority projects if the projects meet specified requirements. The bill would require the Governor to provide a notice of the designation to the appropriate lead agency and to the Office of Planning and Research. The bill would require the lead agency to notify the public and interested stakeholders of the designation, as specified, thereby imposing a state-mandated local program. The bill would require that an environmental impact report be prepared for each priority project, but would authorize tiering from previously prepared reports, as specified. The bill would prohibit the court from staying or enjoining the implementation of a priority project unless the court makes specified findings and would limit any stay or injunction, as provided. 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. This act shall be known, and may be cited, as the Priority Project Parity Act of 2015. SEC. 2. The Legislature finds and declares all of the following: (a) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), commonly known as CEQA, was enacted with a near unanimous bipartisan vote of the Legislature in 1970 and signed into law by Governor Reagan. (b) The purpose of CEQA is to enhance public disclosure of the environmental impacts of a project and to require feasible mitigation measures or alternative project configurations that reduce significant adverse impacts to the physical environment. (c) Feasible mitigation measures and alternatives are limited to those that allow the project to achieve its objectives, fall within the jurisdiction of the lead agency, and can be readily implemented from a legal, technical, and economic perspective. (d) If, notwithstanding the feasible mitigation measures or alternative configuration, a project would have a significant unavoidable adverse impact on the physical environment or substantially contribute to an unavoidable significant adverse cumulative impact on the physical environment, an agency may nevertheless approve the project by adopting a statement explaining the overriding employment, environmental, social, economic, or other benefits that have informed the agency’s decision to approve the project. (e) In a notable contrast to the federal court interpretation of the federal National Environmental Policy Act of 1969 (42 U.S.C. Secs. 4321 et seq.), which served as a model for CEQA, California courts have decided that lawsuits challenging the adequacy of an agency’s compliance with CEQA may be brought by any party for any reason, including, but not limited to, parties seeking competitive advantage, seeking wage or other employment terms and conditions, seeking to protect private property economic values, and seeking to preclude neighborhood-scale projects that are or may increase the quality of life for lower income and racially diverse population groups, by increasing youth utilization of urban parks or by developing transit systems in urbanized areas, without regard to the environmental or other merits of the project. (f) In advising the state, regional, and local agency on the compliance requirements of CEQA, the Governor’s Office of Planning and Research has identified more than 100 potential environmental impact topics that must be evaluated for each project, has routinely adopted guidance that increases the cost and complexity of the analysis required, and continues to propose requirements that increase uncertainty and complexity, including, but not limited to, advocating for regulatory reversals of appellate court statutory interpretations, such as the “business as usual” approach to evaluating the significance of greenhouse gas emissions and the judicial classification of parking as an environmental impact based on air quality and other factors. Collectively, such ambiguous and contradictory advice has continued to increase the cost and litigation uncertainty of compliance obligations under CEQA. (g) Three private sector law firms, each representing a diverse range of parties affected by CEQA including public agencies, project applicants, and other stakeholders, have completed studies on reported appellate court decisions interpreting CEQA and those studies demonstrate that the courts have determined that the lead agencies failed to comply with some aspect of CEQA in nearly half of all cases, and that even the most elaborate environmental studies, the environmental impact reports, that are entitled to the highest level of judicial deference, failed to pass judicial muster in nearly half of all reported appellate cases over a 15-year period. Projects approved under a less costly and less time-consuming negative declaration process fail to pass judicial muster in far more than half of the cases challenging those approvals. (h) The overwhelming majority of the adverse court decisions required that project approval be vacated pending completion of further environmental studies under CEQA. (i) Notwithstanding such conclusive evidence of widespread confusion regarding the compliance requirements of CEQA, along with litigation abuse to promote nonenvironmental interests and abusive litigation tactics, such as “document dumping,” to delay agency decisions for weeks and sometimes months after the close of the comment periods prescribed by CEQA, the Legislature has declined to enact any systematic reforms that address how this 1970-era law is to be interpreted in conjunction with the hundreds of environmental and planning mandates that have subsequently been enacted as coequal legal mandates in California’s stringent and complex suite of statutes designed to protect and enhance environmental quality, including, but not limited to, statutes requiring integration of environmental protection standards in land use plans and policies. (j) The existence of an outstanding lawsuit challenging compliance with CEQA, in tandem with the high level of adverse judicial outcomes, creates significant unresolved project contingencies that generally preclude timely receipt of federal and state grant funding as well as other forms of public and private sector financing. (k) Legislative leadership has routinely sponsored last minute legislation for politically favored projects, including, but not limited to, major league sports facilities and prisons, to either exempt them from CEQA or limit the judicial remedies that are available when an adverse judicial determination has been made. These favored leadership projects have achieved this sheltered status without regard to whether the projects are consistent with an adopted sustainable communities strategy required pursuant to Section 65080 of the Government Code. This highly politicized leadership exemption process has been referred to as the “transactional” model for implementing CEQA. (l) This transactional model for implementing CEQA is an effective method of avoiding delays in financing and implementation of priority projects. There is an ample body of otherwise applicable California environmental protection and land use law in place to avoid and minimize potentially significant adverse environmental impacts to the physical environment without regard to the applicability of CEQA. No existing law creates a presumed different suite of legal compliance obligations reserved to legislative leaders and the legislative districts they represent. Legislative leadership positions do not confer upon individuals serving in those positions a monopoly on the use of the transactional model for implementing CEQA. The transactional model of legislative exemptions has a history of extending nearly to the 1970 enactment date of CEQA. (m) It is now appropriate to enact a new compliance pathway for a project identified as a priority by each Member of the Senate and Assembly. SEC. 3. Section 21168.10 is added to the Public Resources Code, to read: 21168.10. (a) (1) On or before November 15 of each year, each Member of the Legislature may annually nominate one project within his or her respective district as a priority project. (2) A member of the Legislature who chooses to nominate a project shall submit to the Governor the name of the project and sufficient information to demonstrate that the project will meet the requirements specified in paragraph (3). (3) The Governor shall designate a project as a priority project if the project meets all of the following: (A) The project will result in at least 100 new or retained full time jobs. (B) The project is consistent with the adopted sustainable communities strategy for the region in which the project is located. (C) The project applicant certifies its intent to remain in the location of the project for a minimum of five years. (b) Subject to subdivision (a), a project may be designated as a priority project pursuant to subdivision (a) at any time following the submittal of the project proposal or application to the lead agency for the commencement of environmental review pursuant to this division but not later than 30 days following the approval of the project by the lead agency. (c) Withing 10 days after the designation of a project pursuant to paragraph (3) of subdivision (a), the Governor shall provide a notice of designation to the lead agency for the designated project and to the Office of Planning and Research. The lead agency shall inform members of the public and other interested stakeholders that a project has been designated as a priority project pursuant to paragraph (3) of subdivision (a) in the lead agency’s next otherwise applicable and required public document or notice regarding the project and in all subsequent otherwise applicable and required public documents or notices regarding the project, up to and including applicable and required notice and documentation for project approval. If there is no applicable and required public document or notice, the lead agency shall provide a notice of designation to the public and interested stakeholders. (d) (1) The lead agency for a priority project shall complete all notices required by this division and, except as provided in paragraph (3), an environmental impact report shall be completed for each priority project. (2) The environmental impact report for a priority project may tier from an earlier environmental impact report completed for the existing or earlier version of the project and the tiered environmental impact report shall be limited to the consideration of significant adverse impacts resulting from the project that were not previously identified in the earlier environmental impact report, or, if the adverse impacts had been identified in the earlier environmental impact report, the impacts are more severe than previously identified. (3) A new environmental impact report is not required for a priority project that has been already included in an environmental impact report prepared and certified under this division but the lead agency shall prepare an addendum to the prior environmental impact report to explain to the public and other interested stakeholders the manner in which the project had been addressed in the prior environmental impact report. (e) (1) In granting relief in an action or proceeding brought pursuant to this division, the court shall not stay or enjoin a priority project designated pursuant to subdivision (a) unless the court finds either of the following: (A) The continued implementation of the priority project presents an imminent threat to the public health and safety. (B) The priority 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 implementation of the priority project. (2) If the court finds that subparagraph (A) or (B) is satisfied, the court shall only enjoin those specific activities associated with the priority 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. 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 would enact the Priority Project Parity Act of 2015, which would authorize the Governor to exorbitantly designate a project as a priority project if

The people of the State of California do enact as follows: SECTION 1. Section 150204 of the Health and Safety Code is amended to read: 150204. (a) (1) A county may establish, by an action of the county board of supervisors or by an action of the public health officer of the county, as directed by the county board of supervisors, a repository and distribution program for purposes of this division. The county shall advise the California State Board of Pharmacy within 30 days from the date it establishes a repository and distribution program. (2) Only an eligible entity, pursuant to Section 150201, may participate in this program to dispense medication donated to the drug repository and distribution program. (3) An eligible entity that seeks to participate in the program shall inform the county health department and the California State Board of Pharmacy in writing of its intent to participate in the program. An eligible entity may not participate in the program until it has received written or electronic documentation from the county health department confirming that the department has received its notice of intent. (4) (A) A participating entity shall disclose to the county health department on a quarterly basis the name and location of the source of all donated medication it receives. (B) A participating primary care clinic, as described in Section 150201, shall disclose to the county health department the name of the licensed physician who shall be accountable to the California State Board of Pharmacy for the clinic’s program operations pursuant to this division. This physician shall be the professional director, as defined in subdivision (c) of Section 4182 of the Business and Professions Code. (C) The county board of supervisors or public health officer of the county shall, upon request, make available to the California State Board of Pharmacy the information in this division. (5) The county board of supervisors, the public health officer of the county, and the California State Board of Pharmacy may prohibit an eligible or participating entity from participating in the program if the entity does not comply with the provisions of the program, pursuant to this division. If the county board of supervisors, the public health officer of the county, or the California State Board of Pharmacy prohibits an eligible or participating entity from participating in the program, it shall provide written notice to the prohibited entity within 15 days of making this determination. The county board of supervisors, the public health officer of the county, and the California State Board of Pharmacy shall ensure that this notice also is provided to one another. (b) A county that elects to establish a repository and distribution program pursuant to this division shall establish written procedures for, at a minimum, all of the following: (1) Establishing eligibility for medically indigent patients who may participate in the program. (2) Ensuring that patients eligible for the program shall not be charged for any medications provided under the program. (3) Developing a formulary of medications appropriate for the repository and distribution program. (4) Ensuring proper safety and management of any medications collected by and maintained under the authority of a participating entity. (5) Ensuring the privacy of individuals for whom the medication was originally prescribed. (c) Any medication donated to the repository and distribution program shall comply with the requirements specified in this division. Medication donated to the repository and distribution program shall meet all of the following criteria: (1) The medication shall not be a controlled substance. (2) The medication shall not have been adulterated, misbranded, or stored under conditions contrary to standards set by the United States Pharmacopoeia (USP) or the product manufacturer. (3) The medication shall not have been in the possession of a patient or any individual member of the public, and in the case of medications donated by a health or care facility, as described in Section 150202, shall have been under the control of a staff member of the health or care facility who is licensed in California as a health care professional or has completed, at a minimum, the training requirements specified in Section 1569.69. (d) (1) Only medication that is donated in unopened, tamper-evident packaging or modified unit dose containers that meet USP standards is eligible for donation to the repository and distribution program, provided lot numbers and expiration dates are affixed. Medication donated in opened containers shall not be dispensed by the repository and distribution program, and once identified, shall be quarantined immediately and handled and disposed of in accordance with the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104). (2) (A) A medication that is the subject of a United States Food and Drug Administration managed risk evaluation and mitigation strategy pursuant to Section 355-1 of Title 21 of the United States Code shall not be donated if this inventory transfer is prohibited by that strategy, or if the inventory transfer requires prior authorization from the manufacturer of the medication. (B) A medication that is the subject of a United States Food and Drug Administration managed risk evaluation and mitigation strategy pursuant to Section 355-1 of Title 21 of the United States Code, the donation of which is not prohibited pursuant to subparagraph (A), shall be managed and dispensed according to the requirements of that strategy. (e) A pharmacist or physician at a participating entity shall use his or her professional judgment in determining whether donated medication meets the standards of this division before accepting or dispensing any medication under the repository and distribution program. (f) A pharmacist or physician shall adhere to standard pharmacy practices, as required by state and federal law, when dispensing all medications. (g) Medication that is donated to the repository and distribution program shall be handled in the following ways: (1) Dispensed to an eligible patient. (2) Destroyed. (3) Returned to a reverse distributor or licensed waste hauler. (4) (A) Transferred to another participating entity within the county to be dispensed to eligible patients pursuant to this division. Notwithstanding this paragraph, a participating county-owned pharmacy may transfer eligible donated medication to a participating county-owned pharmacy within another adjacent county that has adopted a program pursuant to this division, if the pharmacies transferring the medication have a written agreement between the entities that outlines protocols and procedures for safe and appropriate drug transfer that are consistent with this division. (B) Medication donated under this division shall not be transferred by any participating entity more than once, and after it has been transferred, shall be dispensed to an eligible patient, destroyed, or returned to a reverse distributor or licensed waste hauler. (C) Medication transferred pursuant to this paragraph shall be transferred with documentation that identifies the drug name, strength, and quantity of the medication, and the donation facility from where the medication originated shall be identified on medication packaging or in accompanying documentation. The document shall include a statement that the medication may not be transferred to another participating entity and must be handled pursuant to subparagraph (B). A copy of this document shall be kept by the participating entity transferring the medication and the participating entity receiving the medication. (h) Medication that is donated to the repository and distribution program that does not meet the requirements of this division shall not be distributed or transferred under this program and shall be either destroyed or returned to a reverse distributor. Donated medication that does not meet the requirements of this division shall not be sold, dispensed, or otherwise transferred to any other entity. (i) (1) Except as provided in paragraph (2), medication donated to the repository and distribution program shall be maintained in the donated packaging units until dispensed to an eligible patient under this program, who presents a valid prescription. When dispensed to an eligible patient under this program, the medication shall be in a new and properly labeled container, specific to the eligible patient and ensuring the privacy of the individuals for whom the medication was initially dispensed. Expired medication shall not be dispensed. (2) A pharmacy that exists solely to operate the repository and distribution program may repackage a reasonable quantity of donated medicine in anticipation of dispensing the medicine to its patient population. The pharmacy shall have repackaging policies and procedures in place for identifying and recalling medications. Medication that is repackaged shall be labeled with the earliest expiration date. (j) Medication donated to the repository and distribution program shall be segregated from the participating entity’s other drug stock by physical means, for purposes including, but not limited to, inventory, accounting, and inspection. (k) A participating entity shall keep complete records of the acquisition and disposition of medication donated to, and transferred, dispensed, and destroyed under, the repository and distribution program. These records shall be kept separate from the participating entity’s other acquisition and disposition records and shall conform to the Pharmacy Law (Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code), including being readily retrievable. (l) Local and county protocols established pursuant to this division shall conform to the Pharmacy Law regarding packaging, transporting, storing, and dispensing all medications. (m) County protocols established for packaging, transporting, storing, and dispensing medications that require refrigeration, including, but not limited to, any biological product as defined in Section 351 of the Public Health Service Act (42 U.S.C. Sec. 262), an intravenously injected drug, or an infused drug, shall include specific procedures to ensure that these medications are packaged, transported, stored, and dispensed at appropriate temperatures and in accordance with USP standards and the Pharmacy Law. (n) Notwithstanding any other provision of law, a participating entity shall follow the same procedural drug pedigree requirements for donated drugs as it would follow for drugs purchased from a wholesaler or directly from a drug manufacturer.

Existing law authorizes a county to establish a repository and distribution program under which a pharmacy, including a pharmacy that is owned by, or contracts with, the county, may distribute surplus unused medications, as defined, to persons in need of financial assistance to ensure access to necessary pharmaceutical therapies. Under existing law, only medication that is donated in unopened, tamper-evident packaging or modified unit dose containers that meet the United States Pharmacopoeia standards, and that includes lot numbers and expiration dates, is eligible for donation to the program. Existing law prohibits medication that does not meet the requirements for donation and distribution from being sold, dispensed, or otherwise transferred to any other entity. Existing law requires medication donated to the repository and distribution program to be maintained in the donated packaging units. This bill would authorize a pharmacy that exists solely to operate the repository and distribution program to repackage a reasonable quantity of donated medicine in anticipation of dispensing the medicine to its patient population. The bill would require a pharmacy that repackages medication to have repackaging policies and procedures in place for identifying and recalling medications, and to label the repackaged medicine with the earliest expiration date.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 150204 of the Health and Safety Code is amended to read: 150204. (a) (1) A county may establish, by an action of the county board of supervisors or by an action of the public health officer of the county, as directed by the county board of supervisors, a repository and distribution program for purposes of this division. The county shall advise the California State Board of Pharmacy within 30 days from the date it establishes a repository and distribution program. (2) Only an eligible entity, pursuant to Section 150201, may participate in this program to dispense medication donated to the drug repository and distribution program. (3) An eligible entity that seeks to participate in the program shall inform the county health department and the California State Board of Pharmacy in writing of its intent to participate in the program. An eligible entity may not participate in the program until it has received written or electronic documentation from the county health department confirming that the department has received its notice of intent. (4) (A) A participating entity shall disclose to the county health department on a quarterly basis the name and location of the source of all donated medication it receives. (B) A participating primary care clinic, as described in Section 150201, shall disclose to the county health department the name of the licensed physician who shall be accountable to the California State Board of Pharmacy for the clinic’s program operations pursuant to this division. This physician shall be the professional director, as defined in subdivision (c) of Section 4182 of the Business and Professions Code. (C) The county board of supervisors or public health officer of the county shall, upon request, make available to the California State Board of Pharmacy the information in this division. (5) The county board of supervisors, the public health officer of the county, and the California State Board of Pharmacy may prohibit an eligible or participating entity from participating in the program if the entity does not comply with the provisions of the program, pursuant to this division. If the county board of supervisors, the public health officer of the county, or the California State Board of Pharmacy prohibits an eligible or participating entity from participating in the program, it shall provide written notice to the prohibited entity within 15 days of making this determination. The county board of supervisors, the public health officer of the county, and the California State Board of Pharmacy shall ensure that this notice also is provided to one another. (b) A county that elects to establish a repository and distribution program pursuant to this division shall establish written procedures for, at a minimum, all of the following: (1) Establishing eligibility for medically indigent patients who may participate in the program. (2) Ensuring that patients eligible for the program shall not be charged for any medications provided under the program. (3) Developing a formulary of medications appropriate for the repository and distribution program. (4) Ensuring proper safety and management of any medications collected by and maintained under the authority of a participating entity. (5) Ensuring the privacy of individuals for whom the medication was originally prescribed. (c) Any medication donated to the repository and distribution program shall comply with the requirements specified in this division. Medication donated to the repository and distribution program shall meet all of the following criteria: (1) The medication shall not be a controlled substance. (2) The medication shall not have been adulterated, misbranded, or stored under conditions contrary to standards set by the United States Pharmacopoeia (USP) or the product manufacturer. (3) The medication shall not have been in the possession of a patient or any individual member of the public, and in the case of medications donated by a health or care facility, as described in Section 150202, shall have been under the control of a staff member of the health or care facility who is licensed in California as a health care professional or has completed, at a minimum, the training requirements specified in Section 1569.69. (d) (1) Only medication that is donated in unopened, tamper-evident packaging or modified unit dose containers that meet USP standards is eligible for donation to the repository and distribution program, provided lot numbers and expiration dates are affixed. Medication donated in opened containers shall not be dispensed by the repository and distribution program, and once identified, shall be quarantined immediately and handled and disposed of in accordance with the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104). (2) (A) A medication that is the subject of a United States Food and Drug Administration managed risk evaluation and mitigation strategy pursuant to Section 355-1 of Title 21 of the United States Code shall not be donated if this inventory transfer is prohibited by that strategy, or if the inventory transfer requires prior authorization from the manufacturer of the medication. (B) A medication that is the subject of a United States Food and Drug Administration managed risk evaluation and mitigation strategy pursuant to Section 355-1 of Title 21 of the United States Code, the donation of which is not prohibited pursuant to subparagraph (A), shall be managed and dispensed according to the requirements of that strategy. (e) A pharmacist or physician at a participating entity shall use his or her professional judgment in determining whether donated medication meets the standards of this division before accepting or dispensing any medication under the repository and distribution program. (f) A pharmacist or physician shall adhere to standard pharmacy practices, as required by state and federal law, when dispensing all medications. (g) Medication that is donated to the repository and distribution program shall be handled in the following ways: (1) Dispensed to an eligible patient. (2) Destroyed. (3) Returned to a reverse distributor or licensed waste hauler. (4) (A) Transferred to another participating entity within the county to be dispensed to eligible patients pursuant to this division. Notwithstanding this paragraph, a participating county-owned pharmacy may transfer eligible donated medication to a participating county-owned pharmacy within another adjacent county that has adopted a program pursuant to this division, if the pharmacies transferring the medication have a written agreement between the entities that outlines protocols and procedures for safe and appropriate drug transfer that are consistent with this division. (B) Medication donated under this division shall not be transferred by any participating entity more than once, and after it has been transferred, shall be dispensed to an eligible patient, destroyed, or returned to a reverse distributor or licensed waste hauler. (C) Medication transferred pursuant to this paragraph shall be transferred with documentation that identifies the drug name, strength, and quantity of the medication, and the donation facility from where the medication originated shall be identified on medication packaging or in accompanying documentation. The document shall include a statement that the medication may not be transferred to another participating entity and must be handled pursuant to subparagraph (B). A copy of this document shall be kept by the participating entity transferring the medication and the participating entity receiving the medication. (h) Medication that is donated to the repository and distribution program that does not meet the requirements of this division shall not be distributed or transferred under this program and shall be either destroyed or returned to a reverse distributor. Donated medication that does not meet the requirements of this division shall not be sold, dispensed, or otherwise transferred to any other entity. (i) (1) Except as provided in paragraph (2), medication donated to the repository and distribution program shall be maintained in the donated packaging units until dispensed to an eligible patient under this program, who presents a valid prescription. When dispensed to an eligible patient under this program, the medication shall be in a new and properly labeled container, specific to the eligible patient and ensuring the privacy of the individuals for whom the medication was initially dispensed. Expired medication shall not be dispensed. (2) A pharmacy that exists solely to operate the repository and distribution program may repackage a reasonable quantity of donated medicine in anticipation of dispensing the medicine to its patient population. The pharmacy shall have repackaging policies and procedures in place for identifying and recalling medications. Medication that is repackaged shall be labeled with the earliest expiration date. (j) Medication donated to the repository and distribution program shall be segregated from the participating entity’s other drug stock by physical means, for purposes including, but not limited to, inventory, accounting, and inspection. (k) A participating entity shall keep complete records of the acquisition and disposition of medication donated to, and transferred, dispensed, and destroyed under, the repository and distribution program. These records shall be kept separate from the participating entity’s other acquisition and disposition records and shall conform to the Pharmacy Law (Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code), including being readily retrievable. (l) Local and county protocols established pursuant to this division shall conform to the Pharmacy Law regarding packaging, transporting, storing, and dispensing all medications. (m) County protocols established for packaging, transporting, storing, and dispensing medications that require refrigeration, including, but not limited to, any biological product as defined in Section 351 of the Public Health Service Act (42 U.S.C. Sec. 262), an intravenously injected drug, or an infused drug, shall include specific procedures to ensure that these medications are packaged, transported, stored, and dispensed at appropriate temperatures and in accordance with USP standards and the Pharmacy Law. (n) Notwithstanding any other provision of law, a participating entity shall follow the same procedural drug pedigree requirements for donated drugs as it would follow for drugs purchased from a wholesaler or directly from a drug manufacturer. ### 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 11401.5 is added to the Insurance Code, to read: 11401.5. (a) (1) Each association that holds a certificate of authority pursuant to this chapter and that issues long-term disability or long-term care policies or contracts shall submit to the commissioner the opinion of a qualified actuary as to whether the reserves and related actuarial items that support the policies or contracts issued pursuant to this chapter, including policies and contracts issued by entities established by these associations that provide benefits described in this chapter, are expected to be adequate to satisfy contractual provisions, are based on reasonable assumptions, and are based on actuarial standards of practice published by the American Academy of Actuaries and the Actuarial Standards Board. An association that holds a certificate of authority pursuant to this chapter shall file its opinion no later than July 1, 2016. The opinion shall have been completed no earlier than December 31, 2013. (2) An association is considered to have issued a long-term care or disability policy or contract if it self-funds all or part of the resulting obligation. An association that markets long-term policies or contracts issued by an insurer that is admitted by the department to offer insurance products in the state is exempt from this reporting requirement. (3) An association seeking a certificate of authority pursuant to this chapter shall file an opinion, to the extent feasible, that establishes that it would have adequate resources to provide benefits described in this chapter as required to satisfy its proposed contractual obligations. (b) The opinion required by subdivision (a) shall include supporting memoranda from the same qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts, when considered in light of the assets held by the association with respect to the reserves and related actuarial items, including, but not limited to, the investment earnings on the assets and the considerations anticipated to be received and retained under the policies and contracts, and shall make adequate provision for the association’s obligations under the policies and contracts, including, but not limited to, the benefits and any administrative and operating expenses associated with the policies and contracts. (c) The opinion required by subdivision (a) shall be governed by the following provisions: (1) It shall include supporting memoranda consistent with actuarial standards of practice published by the American Academy of Actuaries and the Actuarial Standards Board. (2) If the association fails to provide an opinion and supporting memoranda to the commissioner that meets the requirements of this section, the commissioner shall notify the association of the deficiencies in the filing, and shall make a specific request that identifies the issues that should be addressed in an amended filing. The requests shall be consistent with actuarial standards of practice published by the American Academy of Actuaries and the Actuarial Standards Board. (d) If the commissioner determines, after a review of the filings from the associations, that the laws governing these associations are inadequate to protect the interests of the members of the associations, he or she shall, on or before July 1, 2017, develop and deliver recommendations to the Assembly Committee on Insurance and the Senate Committee on Insurance regarding changes in the law necessary to protect the interests of members of the associations. (e) Documents, materials, or other information, including the opinion with supporting memoranda, submitted pursuant to this section that are in the possession or control of the Department of Insurance and that are obtained by, created by, or disclosed to the commissioner or any other person pursuant to this section, are recognized by this state as being proprietary and to contain trade secrets. Those documents, materials, or other information shall be confidential by law and privileged, shall not be subject to disclosure by the commissioner pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), and shall not be subject to subpoena or discovery from the commissioner or admissible into evidence, in a private civil action if obtained from the commissioner. The commissioner shall not otherwise make those documents, materials, or other information public without the prior written consent of the association. (f) This section shall remain in effect only until December 31, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2018, deletes or extends that date. SEC. 2. Section 11401.6 is added to the Insurance Code, to read: 11401.6. (a) An association that self-funds all or part of the benefits provided under this chapter shall include the following language, or other language approved by the commissioner, in all contracts that are not regulated by the department, and in certificates evidencing coverage under those contracts, in capital letters and in a minimum of 12-point type: “ALL OR A PORTION OF THE BENEFITS PROVIDED BY THIS CONTRACT ARE NOT SUBJECT TO REGULATION BY THE CALIFORNIA DEPARTMENT OF INSURANCE, AND THE CONTRACT IS NOT GUARANTEED BY THE CALIFORNIA LIFE AND HEALTH INSURANCE GUARANTEE ASSOCIATION.” (b) This section shall remain in effect only until December 31, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2018, deletes or extends that date. SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 11401.5 of the Insurance 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 proprietary information, it is necessary to enact legislation that limits the public’s right of access to insurance holding company information that is provided pursuant to Section 11401.5 of the Insurance Code.

Existing law generally provides for the regulation of insurers by the Department of Insurance pursuant to laws set forth in the Insurance Code. Existing law authorizes the Insurance Commissioner to make certain examinations, investigations, and prosecutions and, upon making a determination of the existence of certain conduct, conditions, or grounds, to issue orders reasonably necessary to correct, eliminate, or remedy the conduct, conditions, or grounds. Existing law exempts from the requirements set forth in the Insurance Code firemen’s, policemen’s, and peace officers’ benefit and relief associations that comply with specified criteria, including, among other things, a requirement that the membership consist solely of peace officers, members of police or fire departments, and emergency medical personnel employed by fire departments, as specified. Existing law prohibits an association from operating or doing business in the state without a certificate of authority. This bill would require every association that holds a certificate of authority and that issues long-term disability or long-term care policies or contracts, as specified, to submit to the commissioner the opinion, as specified, of a qualified actuary as to whether the reserves and related actuarial items that support the policies or contracts issued are expected to be adequate to satisfy contractual provisions, are based on reasonable assumptions, and are based on specified actuarial standards. The bill would also require an association seeking a certificate of authority to file an opinion that meets specified requirements and that establishes that it would have adequate resources to provide benefits, as specified, as required to satisfy its proposed contractual obligations. The bill would recognize that information submitted by a company pursuant to those provisions and in the possession or control of the department as proprietary and containing trade secrets. The bill would require that information to be confidential and privileged, exempt from disclosure by the commissioner pursuant to the California Public Records Act, and not subject to subpoena or discovery from the commissioner or admissible into evidence in a private civil action if obtained from the commissioner. The bill would require the commissioner to notify the association of the deficiencies in the filing if the association fails to provide an opinion and supporting memoranda to the commissioner that meets the requirements of the bill, as specified. The bill would require an association that self-funds all or part of the benefits to include specified disclosure language in all contracts that are not regulated by the department and in certificates evidencing coverage under those contracts. The bill would also require the commissioner, if he or she determines that the laws governing these associations are inadequate to protect the interests of the members of the associations, to develop and deliver recommendations to the Assembly Committee on Insurance and the Senate Committee on Insurance regarding changes in the law necessary to protect the interests of members of the associations. The provisions of the bill would remain in effect only until December 31, 2018, and as of that date would be repealed. 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 11401.5 is added to the Insurance Code, to read: 11401.5. (a) (1) Each association that holds a certificate of authority pursuant to this chapter and that issues long-term disability or long-term care policies or contracts shall submit to the commissioner the opinion of a qualified actuary as to whether the reserves and related actuarial items that support the policies or contracts issued pursuant to this chapter, including policies and contracts issued by entities established by these associations that provide benefits described in this chapter, are expected to be adequate to satisfy contractual provisions, are based on reasonable assumptions, and are based on actuarial standards of practice published by the American Academy of Actuaries and the Actuarial Standards Board. An association that holds a certificate of authority pursuant to this chapter shall file its opinion no later than July 1, 2016. The opinion shall have been completed no earlier than December 31, 2013. (2) An association is considered to have issued a long-term care or disability policy or contract if it self-funds all or part of the resulting obligation. An association that markets long-term policies or contracts issued by an insurer that is admitted by the department to offer insurance products in the state is exempt from this reporting requirement. (3) An association seeking a certificate of authority pursuant to this chapter shall file an opinion, to the extent feasible, that establishes that it would have adequate resources to provide benefits described in this chapter as required to satisfy its proposed contractual obligations. (b) The opinion required by subdivision (a) shall include supporting memoranda from the same qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts, when considered in light of the assets held by the association with respect to the reserves and related actuarial items, including, but not limited to, the investment earnings on the assets and the considerations anticipated to be received and retained under the policies and contracts, and shall make adequate provision for the association’s obligations under the policies and contracts, including, but not limited to, the benefits and any administrative and operating expenses associated with the policies and contracts. (c) The opinion required by subdivision (a) shall be governed by the following provisions: (1) It shall include supporting memoranda consistent with actuarial standards of practice published by the American Academy of Actuaries and the Actuarial Standards Board. (2) If the association fails to provide an opinion and supporting memoranda to the commissioner that meets the requirements of this section, the commissioner shall notify the association of the deficiencies in the filing, and shall make a specific request that identifies the issues that should be addressed in an amended filing. The requests shall be consistent with actuarial standards of practice published by the American Academy of Actuaries and the Actuarial Standards Board. (d) If the commissioner determines, after a review of the filings from the associations, that the laws governing these associations are inadequate to protect the interests of the members of the associations, he or she shall, on or before July 1, 2017, develop and deliver recommendations to the Assembly Committee on Insurance and the Senate Committee on Insurance regarding changes in the law necessary to protect the interests of members of the associations. (e) Documents, materials, or other information, including the opinion with supporting memoranda, submitted pursuant to this section that are in the possession or control of the Department of Insurance and that are obtained by, created by, or disclosed to the commissioner or any other person pursuant to this section, are recognized by this state as being proprietary and to contain trade secrets. Those documents, materials, or other information shall be confidential by law and privileged, shall not be subject to disclosure by the commissioner pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), and shall not be subject to subpoena or discovery from the commissioner or admissible into evidence, in a private civil action if obtained from the commissioner. The commissioner shall not otherwise make those documents, materials, or other information public without the prior written consent of the association. (f) This section shall remain in effect only until December 31, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2018, deletes or extends that date. SEC. 2. Section 11401.6 is added to the Insurance Code, to read: 11401.6. (a) An association that self-funds all or part of the benefits provided under this chapter shall include the following language, or other language approved by the commissioner, in all contracts that are not regulated by the department, and in certificates evidencing coverage under those contracts, in capital letters and in a minimum of 12-point type: “ALL OR A PORTION OF THE BENEFITS PROVIDED BY THIS CONTRACT ARE NOT SUBJECT TO REGULATION BY THE CALIFORNIA DEPARTMENT OF INSURANCE, AND THE CONTRACT IS NOT GUARANTEED BY THE CALIFORNIA LIFE AND HEALTH INSURANCE GUARANTEE ASSOCIATION.” (b) This section shall remain in effect only until December 31, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2018, deletes or extends that date. SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 11401.5 of the Insurance 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 proprietary information, it is necessary to enact legislation that limits the public’s right of access to insurance holding company information that is provided pursuant to Section 11401.5 of the Insurance 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 4076 of the Business and Professions Code is amended to read: 4076. (a) A pharmacist shall not dispense any prescription except in a container that meets the requirements of state and federal law and is correctly labeled with all of the following: (1) Except when the prescriber or the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6 orders otherwise, either the manufacturer’s trade name of the drug or the generic name and the name of the manufacturer. Commonly used abbreviations may be used. Preparations containing two or more active ingredients may be identified by the manufacturer’s trade name or the commonly used name or the principal active ingredients. (2) The directions for the use of the drug. (3) The name of the patient or patients. (4) The name of the prescriber or, if applicable, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6. (5) The date of issue. (6) The name and address of the pharmacy, and prescription number or other means of identifying the prescription. (7) The strength of the drug or drugs dispensed. (8) The quantity of the drug or drugs dispensed. (9) The expiration date of the effectiveness of the drug dispensed. (10) The condition or purpose for which the drug was prescribed if the condition or purpose is indicated on the prescription. (11) (A) Commencing January 1, 2006, the physical description of the dispensed medication, including its color, shape, and any identification code that appears on the tablets or capsules, except as follows: (i) Prescriptions dispensed by a veterinarian. (ii) An exemption from the requirements of this paragraph shall be granted to a new drug for the first 120 days that the drug is on the market and for the 90 days during which the national reference file has no description on file. (iii) Dispensed medications for which no physical description exists in any commercially available database. (B) This paragraph applies to outpatient pharmacies only. (C) The information required by this paragraph may be printed on an auxiliary label that is affixed to the prescription container. (D) This paragraph shall not become operative if the board, prior to January 1, 2006, adopts regulations that mandate the same labeling requirements set forth in this paragraph. (b) If a pharmacist dispenses a prescribed drug by means of a unit dose medication system, as defined by administrative regulation, for a patient in a skilled nursing, intermediate care, or other health care facility, the requirements of this section will be satisfied if the unit dose medication system contains the aforementioned information or the information is otherwise readily available at the time of drug administration. (c) If a pharmacist dispenses a dangerous drug or device in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include on individual unit dose containers for a specific patient, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6. (d) If a pharmacist dispenses a prescription drug for use in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include the information required in paragraph (11) of subdivision (a) when the prescription drug is administered to a patient by a person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), or the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840)), who is acting within his or her scope of practice. (e) A pharmacist shall use professional judgment to provide a patient with directions for use that enhance the patient’s understanding of those directions, consistent with the prescriber’s instructions. SEC. 2. Section 4076.6 is added to the Business and Professions Code, to read: 4076.6. (a) Upon the request of a patient or patient’s representative, a dispenser shall provide translated directions for use, which shall be printed on the prescription container, label, or on a supplemental document. If translated directions for use appear on a prescription container or label, the English-language version of the directions for use shall also appear on the container or label, whenever possible, and may appear on other areas of the label outside the patient-centered area. When it is not possible for the English-language directions for use to appear on the container or label, it shall be provided on a supplemental document. (b) A dispenser may use translations made available by the board pursuant to subdivision (b) of Section 1707.5 of Title 16 of the California Code of Regulations to comply with this section. (c) A dispenser shall not be required to provide translated directions for use beyond the languages that the board has made available or beyond the directions that the board has made available in translated form. (d) A dispenser may provide his or her own translated directions for use to comply with the requirements of this section, and nothing in this section shall be construed to prohibit a dispenser from providing translated directions for use in languages beyond those that the board has made available or beyond the directions that the board has made available in translated form. (e) A dispenser shall be responsible for the accuracy of the English-language directions for use provided to the patient. This section shall not affect a dispenser’s existing responsibility to correctly label a prescription pursuant to Section 4076. (f) For purposes of this section, a dispenser does not include a veterinarian. SEC. 3. Section 4199 of the Business and Professions Code is amended to read: 4199. (a) Any veterinary food-animal drug dispensed pursuant to a prescription from a licensed veterinarian for food producing animals from a veterinary food-animal drug retailer pursuant to this chapter is subject to the labeling requirements of Sections 4076, 4076.6, and 4077. (b) All prescriptions filled by a veterinary food-animal drug retailer shall be kept on file and maintained for at least three years in accordance with Section 4333. 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.

The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. That law requires a pharmacist to dispense a prescription in a container that, among other things, is correctly labeled with the directions for use of the drug, and requires the board to promulgate regulations that require, on or before January 1, 2011, a standardized, patient-centered, prescription drug label on all prescription medicine dispensed to patients in California. Existing regulations of the board implement that requirement, establishing standardized directions for use to be used when applicable, and requiring that the board publish on its Internet Web site translation of those directions for use into at least 5 languages other than English. A violation of that law is a crime. This bill would require a pharmacist to use professional judgment to provide a patient with directions for use of a prescription that enhance the patient’s understanding of those directions, consistent with the prescriber’s instructions. The bill would also require a dispenser, excluding a veterinarian, upon the request of a patient or patient’s representative, to provide translated directions for use as prescribed. The bill would authorize a dispenser to use translations made available by the board pursuant to those existing regulations. The bill would make a dispenser responsible for the accuracy of English-language directions for use provided to the patient. By imposing new requirements on dispensers, the violation of which would be a crime, this bill would impose a state-mandated local program. The Pharmacy Law also provides for the licensure and regulation of veterinary food-animal drug retailers by the board. That law subjects to specific prescription drug labeling requirements any veterinary food-animal drug dispensed pursuant to a prescription from a licensed veterinarian for food-producing animals from a veterinary food-animal drug retailer pursuant to that law. This bill would also subject any veterinary food-animal drug so dispensed to the above drug labeling requirements relating to standardized directions for use. 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 4076 of the Business and Professions Code is amended to read: 4076. (a) A pharmacist shall not dispense any prescription except in a container that meets the requirements of state and federal law and is correctly labeled with all of the following: (1) Except when the prescriber or the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6 orders otherwise, either the manufacturer’s trade name of the drug or the generic name and the name of the manufacturer. Commonly used abbreviations may be used. Preparations containing two or more active ingredients may be identified by the manufacturer’s trade name or the commonly used name or the principal active ingredients. (2) The directions for the use of the drug. (3) The name of the patient or patients. (4) The name of the prescriber or, if applicable, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6. (5) The date of issue. (6) The name and address of the pharmacy, and prescription number or other means of identifying the prescription. (7) The strength of the drug or drugs dispensed. (8) The quantity of the drug or drugs dispensed. (9) The expiration date of the effectiveness of the drug dispensed. (10) The condition or purpose for which the drug was prescribed if the condition or purpose is indicated on the prescription. (11) (A) Commencing January 1, 2006, the physical description of the dispensed medication, including its color, shape, and any identification code that appears on the tablets or capsules, except as follows: (i) Prescriptions dispensed by a veterinarian. (ii) An exemption from the requirements of this paragraph shall be granted to a new drug for the first 120 days that the drug is on the market and for the 90 days during which the national reference file has no description on file. (iii) Dispensed medications for which no physical description exists in any commercially available database. (B) This paragraph applies to outpatient pharmacies only. (C) The information required by this paragraph may be printed on an auxiliary label that is affixed to the prescription container. (D) This paragraph shall not become operative if the board, prior to January 1, 2006, adopts regulations that mandate the same labeling requirements set forth in this paragraph. (b) If a pharmacist dispenses a prescribed drug by means of a unit dose medication system, as defined by administrative regulation, for a patient in a skilled nursing, intermediate care, or other health care facility, the requirements of this section will be satisfied if the unit dose medication system contains the aforementioned information or the information is otherwise readily available at the time of drug administration. (c) If a pharmacist dispenses a dangerous drug or device in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include on individual unit dose containers for a specific patient, the name of the certified nurse-midwife who functions pursuant to a standardized procedure or protocol described in Section 2746.51, the nurse practitioner who functions pursuant to a standardized procedure described in Section 2836.1 or protocol, the physician assistant who functions pursuant to Section 3502.1, the naturopathic doctor who functions pursuant to a standardized procedure or protocol described in Section 3640.5, or the pharmacist who functions pursuant to a policy, procedure, or protocol pursuant to Section 4052.1, 4052.2, or 4052.6. (d) If a pharmacist dispenses a prescription drug for use in a facility licensed pursuant to Section 1250 of the Health and Safety Code, it is not necessary to include the information required in paragraph (11) of subdivision (a) when the prescription drug is administered to a patient by a person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), or the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840)), who is acting within his or her scope of practice. (e) A pharmacist shall use professional judgment to provide a patient with directions for use that enhance the patient’s understanding of those directions, consistent with the prescriber’s instructions. SEC. 2. Section 4076.6 is added to the Business and Professions Code, to read: 4076.6. (a) Upon the request of a patient or patient’s representative, a dispenser shall provide translated directions for use, which shall be printed on the prescription container, label, or on a supplemental document. If translated directions for use appear on a prescription container or label, the English-language version of the directions for use shall also appear on the container or label, whenever possible, and may appear on other areas of the label outside the patient-centered area. When it is not possible for the English-language directions for use to appear on the container or label, it shall be provided on a supplemental document. (b) A dispenser may use translations made available by the board pursuant to subdivision (b) of Section 1707.5 of Title 16 of the California Code of Regulations to comply with this section. (c) A dispenser shall not be required to provide translated directions for use beyond the languages that the board has made available or beyond the directions that the board has made available in translated form. (d) A dispenser may provide his or her own translated directions for use to comply with the requirements of this section, and nothing in this section shall be construed to prohibit a dispenser from providing translated directions for use in languages beyond those that the board has made available or beyond the directions that the board has made available in translated form. (e) A dispenser shall be responsible for the accuracy of the English-language directions for use provided to the patient. This section shall not affect a dispenser’s existing responsibility to correctly label a prescription pursuant to Section 4076. (f) For purposes of this section, a dispenser does not include a veterinarian. SEC. 3. Section 4199 of the Business and Professions Code is amended to read: 4199. (a) Any veterinary food-animal drug dispensed pursuant to a prescription from a licensed veterinarian for food producing animals from a veterinary food-animal drug retailer pursuant to this chapter is subject to the labeling requirements of Sections 4076, 4076.6, and 4077. (b) All prescriptions filled by a veterinary food-animal drug retailer shall be kept on file and maintained for at least three years in accordance with Section 4333. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 25186 of the Health and Safety Code is amended to read: 25186. The department may deny, suspend, or revoke any permit, registration, or certificate applied for, or issued, pursuant to this chapter in accordance with the procedures specified in Sections 25186.1 and 25186.2, where the applicant or holder of the permit, registration, or certificate, or in the case of a business concern, any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of, that business concern, has engaged in any of the following: (a) Any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment. (b) The aiding, abetting, or permitting of any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment. (c) Any violation of, or noncompliance with, any order issued by a state or local agency or by a hearing officer or a court relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code. (d) Any misrepresentation or omission of a significant fact or other required information in the application for the permit, registration, or certificate, or in information subsequently reported to the department or to a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180. (e) (1) Activities resulting in any federal or state conviction that are significantly related to the fitness of the applicant or holder of the permit, registration, or certificate to perform the applicant’s duties or activities under the permit, registration, or certificate. (2) For the purposes of this paragraph, “conviction” means a plea or verdict of guilty or a conviction following a plea of nolo contendere. (3) An action that the department may take pursuant to this paragraph relating to the denial, suspension, or revocation of a permit, registration, or certificate may be based upon a conviction for which any of the following has occurred: (A) The time for appeal has elapsed. (B) The judgment of conviction has been affirmed on appeal. (C) Any order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting that person to withdraw the person’s plea of guilty, and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. (f) Activities resulting in the revocation or suspension of a license, permit, registration, or certificate held by the applicant or holder of the permit, registration, or certificate or, if the applicant or holder of the permit, registration, or certificate is a business concern, by any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of, that business concern relating to, the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code. SEC. 2. Section 25186.05 is added to the Health and Safety Code, to read: 25186.05. (a) For the purposes of this section, “violation” and “noncompliance” mean only the following: (1) A violation or noncompliance pursuant to Section 25186 that creates a significant risk of harm to the public health or safety of the environment resulting from acute or chronic exposure to hazardous waste or hazardous waste constituents, and that threat makes it reasonably necessary to take action to prevent, reduce, or mitigate that exposure. (2) A violation of, or noncompliance with, any order issued by the department to the applicant or holder of the permit. (3) A federal or state felony conviction for a violation of this chapter or its equivalent in the federal act, or of any requirement or regulation adopted pursuant to that authority relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste, as described in subdivision (e) of Section 25186. (b) A violation or noncompliance by a federal hazardous waste facility, pursuant to Section 6961 of Title 42 of the United States Code, shall, for purposes of this section, be limited to a violation or noncompliance caused by an action or inaction within the boundaries identified in Part B of the federal hazardous waste permit application, pursuant to Section 270.14 of Title 40 of the Code of Federal Regulations, for that facility. (c) “Violation” and “noncompliance” shall not include a minor violation as defined in Section 25117.6. (d) (1) Except as provided in paragraph (2), the department shall consider three or more incidents of violation of, or noncompliance with, a requirement specified in subdivision (a) or (b) of Section 25186 for which a person or entity has been found liable or has been convicted, with respect to a single facility within a five-year period, as compelling cause to deny, suspend, or revoke the permit, registration, or certificate. (2) This subdivision does not apply to a third violation or noncompliance if the department finds that extraordinary circumstances exist, including that a denial, suspension, or revocation would endanger the public health or safety or the environment. (3) This subdivision does not limit or modify the department’s authority to deny, suspend, or revoke any permit, registration, or certificate pursuant to Section 25186 or any other law. SEC. 3. Section 25186.2 of the Health and Safety Code is amended to read: 25186.2. The department may temporarily suspend any permit, registration, or certificate issued pursuant to this chapter prior to any hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. In making this determination, the department may rely on any information, including, but not limited to, information concerning an actual, threatened, or potential harm to the public health or safety or the environment, information concerning a release or threat of a release, or a human health or ecological risk assessment. The department shall notify the holder of the permit, registration, or certificate of the temporary suspension and the effective date thereof and at the same time shall serve the person with an accusation. Upon receipt by the department of a notice of defense to the accusation from the holder of the permit, registration, or certificate, the department shall, within 15 days, set the matter for a hearing, which shall be held as soon as possible, but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits, which shall be made within 60 days after the completion of the hearing. If the determination is not transmitted within this period, the temporary suspension shall be of no further effect. SEC. 4. Section 25189.4 is added to the Health and Safety Code, to read: 25189.4. (a) In addition to any penalty imposed under any other law, a person who is subject to the imposition of civil or criminal penalties pursuant to the provisions specified in subdivision (b) shall also be subject to an additional civil penalty of not less than five thousand dollars ($5,000) or more than fifty thousand dollars ($50,000) for each day of each violation, if the person has been found liable for, or has been convicted of, two or more previous violations subject to the penalties specified in subdivision (b) and those violations or convictions occurred within any consecutive 60 months. (b) The additional liability specified in subdivision (a) shall apply to a penalty imposed pursuant to, or a conviction under, paragraph (2) of subdivision (g) of Section 25187.8, or Section 25189, 25189.2, 25189.3, 25189.5, 25189.6, or 25189.7.

(1) The Hazardous Waste Control Law regulates the use and disposal of hazardous waste and authorizes the Department of Toxic Substances Control to deny, suspend, or revoke any permit, registration, or certificate applied for, or issued to, a person or entity if that person or entity engaged in specified activities in violation of the Hazardous Waste Control Law or other laws. This bill would require the department to consider, except under specified circumstances, 3 or more violations of, or noncompliance with, specified provisions for which a person or entity has been found liable or has been convicted, with respect to a single hazardous waste facility within a 5-year period, as compelling cause to deny, suspend, or revoke a permit, registration, or certificate applied for by, or issued to, that person or entity. (2) Existing law authorizes the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that action is necessary to prevent or mitigate an imminent and substantial danger to the public health or safety or the environment. Existing law requires the department, upon receipt of a notice of defense to the accusation from the holder of the permit, registration, or certificate, to set the matter for hearing within 15 days and to hold the hearing as soon as possible, but not later than 30 days after receipt of the notice. Existing law requires the hearing to be held without delay and completed as soon as possible. This bill would instead authorize the department to temporarily suspend any permit, registration, or certificate prior to a hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. The bill would repeal the requirement that the hearing be held without delay and completed as soon as possible. (3) Existing law provides for the imposition of civil and criminal penalties upon persons who violate the requirements of the hazardous waste control law or take other actions with regard to the handling of hazardous waste. This bill would impose, upon a person who is subject to the imposition of those civil or criminal penalties, an additional civil penalty of not less than $5,000 or more than $50,000 for each day of each violation, if the person has been found liable for, or been convicted of, 2 or more previous violations of certain of these hazardous waste-related provisions within any consecutive 60 months.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 25186 of the Health and Safety Code is amended to read: 25186. The department may deny, suspend, or revoke any permit, registration, or certificate applied for, or issued, pursuant to this chapter in accordance with the procedures specified in Sections 25186.1 and 25186.2, where the applicant or holder of the permit, registration, or certificate, or in the case of a business concern, any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of, that business concern, has engaged in any of the following: (a) Any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment. (b) The aiding, abetting, or permitting of any violation of, or noncompliance with, this chapter, Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), the Porter-Cologne Water Quality Act (Division 7 (commencing with Section 13000) of the Water Code), the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5101 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other equivalent federal or state statute or any requirement or regulation adopted pursuant thereto relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code, if the violation or noncompliance shows a repeating or recurring pattern or may pose a threat to public health or safety or the environment. (c) Any violation of, or noncompliance with, any order issued by a state or local agency or by a hearing officer or a court relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code. (d) Any misrepresentation or omission of a significant fact or other required information in the application for the permit, registration, or certificate, or in information subsequently reported to the department or to a local officer or agency authorized to enforce this chapter pursuant to subdivision (a) of Section 25180. (e) (1) Activities resulting in any federal or state conviction that are significantly related to the fitness of the applicant or holder of the permit, registration, or certificate to perform the applicant’s duties or activities under the permit, registration, or certificate. (2) For the purposes of this paragraph, “conviction” means a plea or verdict of guilty or a conviction following a plea of nolo contendere. (3) An action that the department may take pursuant to this paragraph relating to the denial, suspension, or revocation of a permit, registration, or certificate may be based upon a conviction for which any of the following has occurred: (A) The time for appeal has elapsed. (B) The judgment of conviction has been affirmed on appeal. (C) Any order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting that person to withdraw the person’s plea of guilty, and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. (f) Activities resulting in the revocation or suspension of a license, permit, registration, or certificate held by the applicant or holder of the permit, registration, or certificate or, if the applicant or holder of the permit, registration, or certificate is a business concern, by any trustee, officer, director, partner, or any person holding more than 5 percent of the equity in, or debt liability of, that business concern relating to, the generation, transportation, treatment, storage, recycling, disposal, or handling of a hazardous waste, as defined in Section 25117, a hazardous substance, as defined in Section 25316, or a hazardous material, as defined in Section 353 of the Vehicle Code. SEC. 2. Section 25186.05 is added to the Health and Safety Code, to read: 25186.05. (a) For the purposes of this section, “violation” and “noncompliance” mean only the following: (1) A violation or noncompliance pursuant to Section 25186 that creates a significant risk of harm to the public health or safety of the environment resulting from acute or chronic exposure to hazardous waste or hazardous waste constituents, and that threat makes it reasonably necessary to take action to prevent, reduce, or mitigate that exposure. (2) A violation of, or noncompliance with, any order issued by the department to the applicant or holder of the permit. (3) A federal or state felony conviction for a violation of this chapter or its equivalent in the federal act, or of any requirement or regulation adopted pursuant to that authority relating to the generation, transportation, treatment, storage, recycling, disposal, or handling of hazardous waste, as described in subdivision (e) of Section 25186. (b) A violation or noncompliance by a federal hazardous waste facility, pursuant to Section 6961 of Title 42 of the United States Code, shall, for purposes of this section, be limited to a violation or noncompliance caused by an action or inaction within the boundaries identified in Part B of the federal hazardous waste permit application, pursuant to Section 270.14 of Title 40 of the Code of Federal Regulations, for that facility. (c) “Violation” and “noncompliance” shall not include a minor violation as defined in Section 25117.6. (d) (1) Except as provided in paragraph (2), the department shall consider three or more incidents of violation of, or noncompliance with, a requirement specified in subdivision (a) or (b) of Section 25186 for which a person or entity has been found liable or has been convicted, with respect to a single facility within a five-year period, as compelling cause to deny, suspend, or revoke the permit, registration, or certificate. (2) This subdivision does not apply to a third violation or noncompliance if the department finds that extraordinary circumstances exist, including that a denial, suspension, or revocation would endanger the public health or safety or the environment. (3) This subdivision does not limit or modify the department’s authority to deny, suspend, or revoke any permit, registration, or certificate pursuant to Section 25186 or any other law. SEC. 3. Section 25186.2 of the Health and Safety Code is amended to read: 25186.2. The department may temporarily suspend any permit, registration, or certificate issued pursuant to this chapter prior to any hearing if the department determines that conditions may present an imminent and substantial endangerment to the public health or safety or the environment. In making this determination, the department may rely on any information, including, but not limited to, information concerning an actual, threatened, or potential harm to the public health or safety or the environment, information concerning a release or threat of a release, or a human health or ecological risk assessment. The department shall notify the holder of the permit, registration, or certificate of the temporary suspension and the effective date thereof and at the same time shall serve the person with an accusation. Upon receipt by the department of a notice of defense to the accusation from the holder of the permit, registration, or certificate, the department shall, within 15 days, set the matter for a hearing, which shall be held as soon as possible, but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits, which shall be made within 60 days after the completion of the hearing. If the determination is not transmitted within this period, the temporary suspension shall be of no further effect. SEC. 4. Section 25189.4 is added to the Health and Safety Code, to read: 25189.4. (a) In addition to any penalty imposed under any other law, a person who is subject to the imposition of civil or criminal penalties pursuant to the provisions specified in subdivision (b) shall also be subject to an additional civil penalty of not less than five thousand dollars ($5,000) or more than fifty thousand dollars ($50,000) for each day of each violation, if the person has been found liable for, or has been convicted of, two or more previous violations subject to the penalties specified in subdivision (b) and those violations or convictions occurred within any consecutive 60 months. (b) The additional liability specified in subdivision (a) shall apply to a penalty imposed pursuant to, or a conviction under, paragraph (2) of subdivision (g) of Section 25187.8, or Section 25189, 25189.2, 25189.3, 25189.5, 25189.6, or 25189.7. ### Summary: This bill amends the Health and Safety Code to add a new section 25186.05 and to amend Section 25186

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Mutual water companies are nonprofit entities that seek to provide quality water service to their residential, commercial, municipal, and agricultural shareholders or members, many through small water systems and in disadvantaged communities throughout the state. (b) Since 2013, mutual water companies have made great improvements to water quality and service reliability across California, as well as to the transparency of their operations and finances. (c) Mutual water companies have been leaders in promoting water conservation and efficiency since the drought emergency in California began. (d) Mutual water companies serve as the sole water provider in their service territories and act in many ways like public agencies, and they therefore should take reasonable steps to ensure their shareholders and customers have a voice in the operations of the company. (e) Many mutual water companies have small or no meeting facilities, some of which meet in board members’ residences, that can safely hold only a limited number of people, and are located in remote parts of California that are difficult to access by some shareholders and customers of the mutual water company. (f) Many small mutual water companies have limited financial means and it is important that their financial resources be put to efficient use in fulfilling their duty to provide safe and affordable water to their shareholders and members. (g) Mutual water companies are unique, and unlike large public agencies or for-profit utilities, these nonprofit organizations are solely responsible to their shareholders and customers and not the broader public outside of their service area. (h) Given the distinctive operational constraints faced by mutual water companies, the Legislature believes that mutual water companies should, where economically and technologically feasible, have means to provide the greatest shareholder and customer access to meetings within these constraints. SEC. 2. Section 14305 of the Corporations Code is amended to read: 14305. (a) (1) This section shall be known and may be cited as the Mutual Water Company Open Meeting Act. (2) This section shall only apply to a mutual water company that operates a public water system. (b) (1) (A) A board of directors of a mutual water company shall allow an eligible person to personally attend a meeting of the board, if the eligible person gave the board at least 24 hours advance written notice of his or her intent to personally attend the meeting. (B) Notwithstanding any other law, the board of directors may use teleconferencing to provide any eligible person access to the meeting that otherwise would be denied attendance at a meeting of the board for failure to provide this notice, or because the number of eligible persons having already provided notice of attendance exceeds the room capacity of the place of the meeting described in the notice issued pursuant to subdivision (f). The teleconferenced meeting or proceeding shall comply with this section and all other applicable provisions of law relating to a specific type of meeting or proceeding conducted by a mutual water company. If the board uses teleconferencing, the board shall provide to an eligible person attending a meeting by teleconference, before the meeting begins, an electronic copy or photocopy of all documents not related to an executive session to be discussed at the meeting. A board of directors of a mutual water company shall not prohibit an eligible person from attending a meeting of the board either in person, so long as the eligible person has complied with the notice requirement of paragraph (A), or by teleconference except as provided by paragraph (2). A board of directors may allow an eligible person to attend the meeting personally in lieu of using teleconferencing pursuant to this paragraph. (C) For purposes of this subdivision, the term “teleconference” means, to the extent it is technologically feasible, any electronic means, that includes either audio or video or both, that allows an eligible person to hear a meeting and verbally interact with the board, including, but not limited to, a telephone, cellular telephone with speaker phone technology, or computer, or a device using internet-based video or audio conference technology. (2) A board of directors of a mutual water company shall only meet in executive session during a meeting. A board may prohibit an eligible person from attending an executive session to consider pending or potential litigation, matters relating to the formation of contracts with third parties, including matters relating to the potential acquisition of real property or water rights, member or shareholder discipline, personnel matters, or to meet with a member or shareholder, upon the member or shareholder’s request, regarding the member or shareholder’s payment of assessments, as specified in Section 14303. (3) The board of directors of a mutual water company shall meet in executive session, if requested by a member or shareholder who may be subject to a fine, penalty, or other form of discipline, and the member shall be entitled to attend the executive session. (4) An eligible person shall be entitled to attend a teleconference meeting, as specified in paragraph (3) of subdivision (o), or the portion of the teleconference meeting that is open to eligible persons, and shall be entitled to attend with or without fulfilling the notice requirement in paragraph (1). The teleconference meeting or portion of the meeting that is open to eligible persons shall be audible to the eligible person in a location specified in the notice of the meeting. (c) Any matter discussed in executive session shall be generally noted in the minutes of the meeting at which the executive session occurred. (d) The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the board of directors of a mutual water company, conducted on or after January 1, 2014, other than an executive session, shall be available to eligible persons within 30 days of the meeting. The minutes, proposed minutes, or summary minutes shall be provided to any eligible person upon request and upon reimbursement of the mutual water company’s costs for providing the minutes. (e) The pro forma budget required in Section 14306 shall be available to eligible persons within 30 days of the meeting at which the budget was adopted. The budget shall be provided to any eligible person upon request and upon reimbursement of the mutual water company’s costs. (f) Unless the bylaws provide for a longer period of notice, eligible persons shall be given notice of the time and place of a meeting as defined in subdivision (o), except for an emergency meeting, at least four days prior to the meeting. Notice shall be given by posting the notice in a prominent, publicly accessible place or places within the territory served by the mutual water company and by mail to any eligible person who had requested notification of board meetings by mail, at the address requested by the eligible person. Eligible persons requesting notice by mail shall pay the costs of reproduction and mailing of the notice in advance. Notice may also be given by mail, by delivery of the notice to each unit served by the mutual water company, or, with the consent of the eligible person, by electronic means. The notice shall contain the agenda for the meeting. (g) An emergency meeting of the board may be called by the chief executive officer of the mutual water company, or by any two members of the board of directors other than the chief executive officer, if there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which of necessity make it impracticable to provide notice as required by this section. (h) The board of directors of a mutual water company shall permit any eligible person to speak at any meeting of the mutual water company or the board of directors, except for any portion of a meeting that is held in executive session outside the presence of eligible persons. A reasonable time limit for all eligible persons to speak to the board of directors or before a meeting of the mutual water company shall be established by the board of directors. (i) (1) Except as described in paragraphs (2) to (4), inclusive, the board of directors of the mutual water company shall not discuss or take action on any item at a nonemergency meeting unless the item was placed on the agenda included in the notice that was posted and distributed pursuant to subdivision (f). This subdivision does not prohibit an eligible person who is not a member of the board from speaking on issues not on the agenda. (2) Notwithstanding paragraph (1), a member of the board of directors, mutual water company officers, or a member of the staff of the mutual water company, may do any of the following: (A) Briefly respond to statements made or questions posed by a person speaking at a meeting as described in subdivision (h). (B) Ask a question for clarification, make an announcement, or make a brief report on his or her own activities, whether in response to questions posed by an eligible person or based upon his or her own initiative. (3) Notwithstanding paragraph (1), the board of directors or a member of the board of directors, subject to rules or procedures of the board of directors, may do any of the following: (A) Provide a reference to, or provide other resources for factual information to, the mutual water company’s officers or staff. (B) Request the mutual water company’s officers or staff to report back to the board of directors at a subsequent meeting concerning any matter, or take action to direct the mutual water company’s officers or staff to place a matter of business on a future agenda. (C) Direct the mutual water company’s officers or staff to perform administrative tasks that are necessary to carry out this subdivision. (4) (A) Notwithstanding paragraph (1), the board of directors may take action on any item of business not appearing on the agenda posted and distributed pursuant to subdivision (f) under any of the following conditions: (i) Upon a determination made by a majority of the board of directors present at the meeting that an emergency situation exists. An emergency situation exists if there are circumstances that could not have been reasonably foreseen by the board, that require immediate attention and possible action by the board, and that, of necessity, make it impracticable to provide notice. (ii) Upon a determination made by the board by a vote of two-thirds of the members present at the meeting, or, if less than two-thirds of total membership of the board is present at the meeting, by a unanimous vote of the members present, that there is a need to take immediate action and that the need for action came to the attention of the board after the agenda was posted and distributed pursuant to subdivision (f). (iii) The item appeared on an agenda that was posted and distributed pursuant to subdivision (f) for a prior meeting of the board of directors that occurred not more than 30 calendar days before the date that action is taken on the item and, at the prior meeting, action on the item was continued to the meeting at which the action is taken. (B) Before discussing any item pursuant to this paragraph, the board of directors shall openly identify the item to the members in attendance at the meeting. (j) (1) Notwithstanding any other law, the board of directors shall not take action on any item of business outside of a meeting. (2) (A) Notwithstanding any other provision of law, the board of directors shall not conduct a meeting via a series of electronic transmissions, including, but not limited to, electronic mail, except as specified in subparagraph (B). (B) Electronic transmissions may be used as a method of conducting an emergency meeting if all members of the board, individually or collectively, consent in writing to that action, and if the written consent or consents are filed with the minutes of the meeting of the board. These written consents may be transmitted electronically. (k) (1) An eligible person may bring a civil action for declaratory or equitable relief for a violation of this section by a mutual water company for which he or she is defined as an eligible person for a judicial determination that an action taken by the board is null and void under this section. (2) Prior to the commencement of an action pursuant to paragraph (1), the eligible person shall make a demand on the board to cure or correct the action alleged to be taken in violation of this section. The demand shall be in writing, and submitted within 90 days from the date the action was taken. The demand shall state the challenged action of the board and the nature of the alleged violation. (3) Within 30 days of receipt of the demand, the board shall cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct, or inform the demanding party in writing of its decision not to cure or correct the challenged action. (4) Within 15 days of receipt of the written notice of the board’s decision to cure or correct or not to cure or correct, or within 15 days of the expiration of the 30-day period to cure or correct, whichever is earlier, the demanding party shall commence the action pursuant to paragraph (1). If the demanding party fails to commence the action pursuant to paragraph (1), that party shall be barred from commencing the action thereafter. (l) A board action that is alleged to have been taken in violation of this section shall not be determined to be void if the action taken was in substantial compliance with this section. (m) The fact that the board of directors of a mutual water company takes subsequent action to cure or correct an action taken pursuant to this section shall not be construed as, or admissible as evidence of, a violation of this section. (n) An eligible person who prevails in a civil action to enforce his or her rights pursuant to this section shall be entitled to reasonable attorney’s fees and court costs. A prevailing mutual water company shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. (o) As used in this section: (1) “Eligible person” means a person who is any of the following: (A) A shareholder or member of the mutual water company. (B) A person who is an occupant, pursuant to a lease or a rental agreement, of commercial space or a dwelling unit to which the mutual water company sells, distributes, supplies, or delivers drinking water. (C) An elected official of a city or county who represents people who receive drinking water directly from the mutual water company on a retail basis. (D) Any other person eligible to participate in the mutual water company’s meetings under provisions of the company’s articles or bylaws. (2) “Item of business” means any action within the authority of the board, except those actions that the board has validly delegated to any other person or persons, officer of the mutual water company, or committee of the board comprising less than a majority of the directors. (3) “Meeting” means either of the following: (A) A congregation of a majority of the members of the board at the same time and place to hear, discuss, or deliberate upon any item of business that is within the authority of the board. (B) A teleconference in which a majority of the members of the board, in different locations, are connected by electronic means, through audio or video or both. A teleconference meeting shall be conducted in a manner that protects the rights of members of the mutual water company and otherwise complies with the requirements of this title. The notice of the teleconference meeting shall identify at least one physical location so that members of the mutual water company may attend and at least one member of the board of directors or a person designated by the board shall be present at that location. Participation by board members in a teleconference meeting constitutes presence at that meeting as long as all board members participating in the meeting are able to hear one another and members of the mutual water company speaking on matters before the board. (4) “Mutual water company” means a mutual water company, as defined in Section 14300, that operates a public water system, as defined in Section 14300.5.

Under existing law, a mutual water company is defined as a corporation organized for or engaged in the business of selling, distributing, supplying, or delivering water for irrigation or domestic purposes that provides in its articles or bylaws that the water shall be sold, distributed, supplied, or delivered only to owners of its shares, as specified. A mutual water company may be organized under the General Corporation Law or the Nonprofit Mutual Benefit Corporation Law. The Mutual Water Company Open Meeting Act authorizes an eligible person, upon 24 hours advance written notice, to attend meetings of the board of directors of a mutual water company that operates a public water system, except when the board adjourns to, or meets solely in, executive session. This bill would prohibit a mutual water company from meeting solely in an executive session without holding a meeting. The bill would require notice of a meeting to be given to an eligible person at least 4 days prior to the meetings. The bill would require a board of directors of a mutual water company to allow an eligible person to personally attend a meeting of the board, if the eligible person gave the board at least 24 hours advance written notice of his or her intent to personally attend the meeting. The bill would authorize the board to allow an eligible person who was denied attendance at a meeting for failure to provide this notice, or because the number of eligible persons having already provided notice of attendance exceeds the room capacity of the place of the meeting, to attend the meeting by teleconference, and would further require the board to provide to an eligible person attending a meeting by teleconference a copy of the documents to be discussed at the meeting, as specified.

<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) Mutual water companies are nonprofit entities that seek to provide quality water service to their residential, commercial, municipal, and agricultural shareholders or members, many through small water systems and in disadvantaged communities throughout the state. (b) Since 2013, mutual water companies have made great improvements to water quality and service reliability across California, as well as to the transparency of their operations and finances. (c) Mutual water companies have been leaders in promoting water conservation and efficiency since the drought emergency in California began. (d) Mutual water companies serve as the sole water provider in their service territories and act in many ways like public agencies, and they therefore should take reasonable steps to ensure their shareholders and customers have a voice in the operations of the company. (e) Many mutual water companies have small or no meeting facilities, some of which meet in board members’ residences, that can safely hold only a limited number of people, and are located in remote parts of California that are difficult to access by some shareholders and customers of the mutual water company. (f) Many small mutual water companies have limited financial means and it is important that their financial resources be put to efficient use in fulfilling their duty to provide safe and affordable water to their shareholders and members. (g) Mutual water companies are unique, and unlike large public agencies or for-profit utilities, these nonprofit organizations are solely responsible to their shareholders and customers and not the broader public outside of their service area. (h) Given the distinctive operational constraints faced by mutual water companies, the Legislature believes that mutual water companies should, where economically and technologically feasible, have means to provide the greatest shareholder and customer access to meetings within these constraints. SEC. 2. Section 14305 of the Corporations Code is amended to read: 14305. (a) (1) This section shall be known and may be cited as the Mutual Water Company Open Meeting Act. (2) This section shall only apply to a mutual water company that operates a public water system. (b) (1) (A) A board of directors of a mutual water company shall allow an eligible person to personally attend a meeting of the board, if the eligible person gave the board at least 24 hours advance written notice of his or her intent to personally attend the meeting. (B) Notwithstanding any other law, the board of directors may use teleconferencing to provide any eligible person access to the meeting that otherwise would be denied attendance at a meeting of the board for failure to provide this notice, or because the number of eligible persons having already provided notice of attendance exceeds the room capacity of the place of the meeting described in the notice issued pursuant to subdivision (f). The teleconferenced meeting or proceeding shall comply with this section and all other applicable provisions of law relating to a specific type of meeting or proceeding conducted by a mutual water company. If the board uses teleconferencing, the board shall provide to an eligible person attending a meeting by teleconference, before the meeting begins, an electronic copy or photocopy of all documents not related to an executive session to be discussed at the meeting. A board of directors of a mutual water company shall not prohibit an eligible person from attending a meeting of the board either in person, so long as the eligible person has complied with the notice requirement of paragraph (A), or by teleconference except as provided by paragraph (2). A board of directors may allow an eligible person to attend the meeting personally in lieu of using teleconferencing pursuant to this paragraph. (C) For purposes of this subdivision, the term “teleconference” means, to the extent it is technologically feasible, any electronic means, that includes either audio or video or both, that allows an eligible person to hear a meeting and verbally interact with the board, including, but not limited to, a telephone, cellular telephone with speaker phone technology, or computer, or a device using internet-based video or audio conference technology. (2) A board of directors of a mutual water company shall only meet in executive session during a meeting. A board may prohibit an eligible person from attending an executive session to consider pending or potential litigation, matters relating to the formation of contracts with third parties, including matters relating to the potential acquisition of real property or water rights, member or shareholder discipline, personnel matters, or to meet with a member or shareholder, upon the member or shareholder’s request, regarding the member or shareholder’s payment of assessments, as specified in Section 14303. (3) The board of directors of a mutual water company shall meet in executive session, if requested by a member or shareholder who may be subject to a fine, penalty, or other form of discipline, and the member shall be entitled to attend the executive session. (4) An eligible person shall be entitled to attend a teleconference meeting, as specified in paragraph (3) of subdivision (o), or the portion of the teleconference meeting that is open to eligible persons, and shall be entitled to attend with or without fulfilling the notice requirement in paragraph (1). The teleconference meeting or portion of the meeting that is open to eligible persons shall be audible to the eligible person in a location specified in the notice of the meeting. (c) Any matter discussed in executive session shall be generally noted in the minutes of the meeting at which the executive session occurred. (d) The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the board of directors of a mutual water company, conducted on or after January 1, 2014, other than an executive session, shall be available to eligible persons within 30 days of the meeting. The minutes, proposed minutes, or summary minutes shall be provided to any eligible person upon request and upon reimbursement of the mutual water company’s costs for providing the minutes. (e) The pro forma budget required in Section 14306 shall be available to eligible persons within 30 days of the meeting at which the budget was adopted. The budget shall be provided to any eligible person upon request and upon reimbursement of the mutual water company’s costs. (f) Unless the bylaws provide for a longer period of notice, eligible persons shall be given notice of the time and place of a meeting as defined in subdivision (o), except for an emergency meeting, at least four days prior to the meeting. Notice shall be given by posting the notice in a prominent, publicly accessible place or places within the territory served by the mutual water company and by mail to any eligible person who had requested notification of board meetings by mail, at the address requested by the eligible person. Eligible persons requesting notice by mail shall pay the costs of reproduction and mailing of the notice in advance. Notice may also be given by mail, by delivery of the notice to each unit served by the mutual water company, or, with the consent of the eligible person, by electronic means. The notice shall contain the agenda for the meeting. (g) An emergency meeting of the board may be called by the chief executive officer of the mutual water company, or by any two members of the board of directors other than the chief executive officer, if there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which of necessity make it impracticable to provide notice as required by this section. (h) The board of directors of a mutual water company shall permit any eligible person to speak at any meeting of the mutual water company or the board of directors, except for any portion of a meeting that is held in executive session outside the presence of eligible persons. A reasonable time limit for all eligible persons to speak to the board of directors or before a meeting of the mutual water company shall be established by the board of directors. (i) (1) Except as described in paragraphs (2) to (4), inclusive, the board of directors of the mutual water company shall not discuss or take action on any item at a nonemergency meeting unless the item was placed on the agenda included in the notice that was posted and distributed pursuant to subdivision (f). This subdivision does not prohibit an eligible person who is not a member of the board from speaking on issues not on the agenda. (2) Notwithstanding paragraph (1), a member of the board of directors, mutual water company officers, or a member of the staff of the mutual water company, may do any of the following: (A) Briefly respond to statements made or questions posed by a person speaking at a meeting as described in subdivision (h). (B) Ask a question for clarification, make an announcement, or make a brief report on his or her own activities, whether in response to questions posed by an eligible person or based upon his or her own initiative. (3) Notwithstanding paragraph (1), the board of directors or a member of the board of directors, subject to rules or procedures of the board of directors, may do any of the following: (A) Provide a reference to, or provide other resources for factual information to, the mutual water company’s officers or staff. (B) Request the mutual water company’s officers or staff to report back to the board of directors at a subsequent meeting concerning any matter, or take action to direct the mutual water company’s officers or staff to place a matter of business on a future agenda. (C) Direct the mutual water company’s officers or staff to perform administrative tasks that are necessary to carry out this subdivision. (4) (A) Notwithstanding paragraph (1), the board of directors may take action on any item of business not appearing on the agenda posted and distributed pursuant to subdivision (f) under any of the following conditions: (i) Upon a determination made by a majority of the board of directors present at the meeting that an emergency situation exists. An emergency situation exists if there are circumstances that could not have been reasonably foreseen by the board, that require immediate attention and possible action by the board, and that, of necessity, make it impracticable to provide notice. (ii) Upon a determination made by the board by a vote of two-thirds of the members present at the meeting, or, if less than two-thirds of total membership of the board is present at the meeting, by a unanimous vote of the members present, that there is a need to take immediate action and that the need for action came to the attention of the board after the agenda was posted and distributed pursuant to subdivision (f). (iii) The item appeared on an agenda that was posted and distributed pursuant to subdivision (f) for a prior meeting of the board of directors that occurred not more than 30 calendar days before the date that action is taken on the item and, at the prior meeting, action on the item was continued to the meeting at which the action is taken. (B) Before discussing any item pursuant to this paragraph, the board of directors shall openly identify the item to the members in attendance at the meeting. (j) (1) Notwithstanding any other law, the board of directors shall not take action on any item of business outside of a meeting. (2) (A) Notwithstanding any other provision of law, the board of directors shall not conduct a meeting via a series of electronic transmissions, including, but not limited to, electronic mail, except as specified in subparagraph (B). (B) Electronic transmissions may be used as a method of conducting an emergency meeting if all members of the board, individually or collectively, consent in writing to that action, and if the written consent or consents are filed with the minutes of the meeting of the board. These written consents may be transmitted electronically. (k) (1) An eligible person may bring a civil action for declaratory or equitable relief for a violation of this section by a mutual water company for which he or she is defined as an eligible person for a judicial determination that an action taken by the board is null and void under this section. (2) Prior to the commencement of an action pursuant to paragraph (1), the eligible person shall make a demand on the board to cure or correct the action alleged to be taken in violation of this section. The demand shall be in writing, and submitted within 90 days from the date the action was taken. The demand shall state the challenged action of the board and the nature of the alleged violation. (3) Within 30 days of receipt of the demand, the board shall cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct, or inform the demanding party in writing of its decision not to cure or correct the challenged action. (4) Within 15 days of receipt of the written notice of the board’s decision to cure or correct or not to cure or correct, or within 15 days of the expiration of the 30-day period to cure or correct, whichever is earlier, the demanding party shall commence the action pursuant to paragraph (1). If the demanding party fails to commence the action pursuant to paragraph (1), that party shall be barred from commencing the action thereafter. (l) A board action that is alleged to have been taken in violation of this section shall not be determined to be void if the action taken was in substantial compliance with this section. (m) The fact that the board of directors of a mutual water company takes subsequent action to cure or correct an action taken pursuant to this section shall not be construed as, or admissible as evidence of, a violation of this section. (n) An eligible person who prevails in a civil action to enforce his or her rights pursuant to this section shall be entitled to reasonable attorney’s fees and court costs. A prevailing mutual water company shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. (o) As used in this section: (1) “Eligible person” means a person who is any of the following: (A) A shareholder or member of the mutual water company. (B) A person who is an occupant, pursuant to a lease or a rental agreement, of commercial space or a dwelling unit to which the mutual water company sells, distributes, supplies, or delivers drinking water. (C) An elected official of a city or county who represents people who receive drinking water directly from the mutual water company on a retail basis. (D) Any other person eligible to participate in the mutual water company’s meetings under provisions of the company’s articles or bylaws. (2) “Item of business” means any action within the authority of the board, except those actions that the board has validly delegated to any other person or persons, officer of the mutual water company, or committee of the board comprising less than a majority of the directors. (3) “Meeting” means either of the following: (A) A congregation of a majority of the members of the board at the same time and place to hear, discuss, or deliberate upon any item of business that is within the authority of the board. (B) A teleconference in which a majority of the members of the board, in different locations, are connected by electronic means, through audio or video or both. A teleconference meeting shall be conducted in a manner that protects the rights of members of the mutual water company and otherwise complies with the requirements of this title. The notice of the teleconference meeting shall identify at least one physical location so that members of the mutual water company may attend and at least one member of the board of directors or a person designated by the board shall be present at that location. Participation by board members in a teleconference meeting constitutes presence at that meeting as long as all board members participating in the meeting are able to hear one another and members of the mutual water company speaking on matters before the board. (4) “Mutual water company” means a mutual water company, as defined in Section 14300, that operates a public water system, as defined in Section 14300.5. ### 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 34171 of the Health and Safety Code is amended to read: 34171. The following terms shall have the following meanings: (a) “Administrative budget” means the budget for administrative costs of the successor agencies as provided in Section 34177. (b) “Administrative cost allowance” means an amount that, subject to the approval of the oversight board, is payable from property tax revenues of up to 5 percent of the property tax allocated to the successor agency on the Recognized Obligation Payment Schedule covering the period January 1, 2012, through June 30, 2012, and up to 3 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund money that is allocated to the successor agency for each fiscal year thereafter; provided, however, that the amount shall not be less than two hundred fifty thousand dollars ($250,000), unless the oversight board reduces this amount, for any fiscal year or such lesser amount as agreed to by the successor agency. However, the allowance amount shall exclude, and shall not apply to, any administrative costs that can be paid from bond proceeds or from sources other than property tax. Administrative cost allowances shall exclude any litigation expenses related to assets or obligations, settlements and judgments, and the costs of maintaining assets prior to disposition. Employee costs associated with work on specific project implementation activities, including, but not limited to, construction inspection, project management, or actual construction, shall be considered project-specific costs and shall not constitute administrative costs. (c) “Designated local authority” shall mean a public entity formed pursuant to subdivision (d) of Section 34173. (d) (1) “Enforceable obligation” means any of the following: (A) Bonds, as defined by Section 33602 and bonds issued pursuant to Chapter 10.5 (commencing with Section 5850) of Division 6 of Title 1 of the Government Code, including the required debt service, reserve set-asides, and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopment agency. A reserve may be held when required by the bond indenture or when the next property tax allocation will be insufficient to pay all obligations due under the provisions of the bond for the next payment due in the following half of the calendar year. (B) Loans of moneys borrowed by the redevelopment agency for a lawful purpose, to the extent they are legally required to be repaid pursuant to a required repayment schedule or other mandatory loan terms. (C) Payments required by the federal government, preexisting obligations to the state or obligations imposed by state law, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183, or legally enforceable payments required in connection with the agencies’ employees, including, but not limited to, pension payments, pension obligation debt service, unemployment payments, or other obligations conferred through a collective bargaining agreement. Costs incurred to fulfill collective bargaining agreements for layoffs or terminations of city employees who performed work directly on behalf of the former redevelopment agency shall be considered enforceable obligations payable from property tax funds. The obligations to employees specified in this subparagraph shall remain enforceable obligations payable from property tax funds for any employee to whom those obligations apply if that employee is transferred to the entity assuming the housing functions of the former redevelopment agency pursuant to Section 34176. The successor agency or designated local authority shall enter into an agreement with the housing entity to reimburse it for any costs of the employee obligations. (D) Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183. Along with the successor agency, the oversight board shall have the authority and standing to appeal any judgment or to set aside any settlement or arbitration decision. (E) Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy. However, nothing in this act shall prohibit either the successor agency, with the approval or at the direction of the oversight board, or the oversight board itself from terminating any existing agreements or contracts and providing any necessary and required compensation or remediation for such termination. Titles of or headings used on or in a document shall not be relevant in determining the existence of an enforceable obligation. (F) Contracts or agreements necessary for the administration or operation of the successor agency, in accordance with this part, including, but not limited to, agreements concerning litigation expenses related to assets or obligations, settlements and judgments, and the costs of maintaining assets prior to disposition, and agreements to purchase or rent office space, equipment and supplies, and pay-related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134. (G) Amounts borrowed from, or payments owing to, the Low and Moderate Income Housing Fund of a redevelopment agency, which had been deferred as of the effective date of the act adding this part; provided, however, that the repayment schedule is approved by the oversight board. Repayments shall be transferred to the Low and Moderate Income Housing Asset Fund established pursuant to subdivision (d) of Section 34176 as a housing asset and shall be used in a manner consistent with the affordable housing requirements of the Community Redevelopment Law (Part 1 (commencing with Section 33000)). (2) For purposes of this part, “enforceable obligation” does not include any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency. However, written agreements entered into (A) at the time of issuance, but in no event later than December 31, 2010, of indebtedness obligations, and (B) solely for the purpose of securing or repaying those indebtedness obligations may be deemed enforceable obligations for purposes of this part. Notwithstanding this paragraph, loan agreements entered into between the redevelopment agency and the city, county, or city and county that created it, within two years of the date of creation of the redevelopment agency, may be deemed to be enforceable obligations. (3) Contracts or agreements between the former redevelopment agency and other public agencies, to perform services or provide funding for governmental or private services or capital projects outside of redevelopment project areas that do not provide benefit to the redevelopment project and thus were not properly authorized under Part 1 (commencing with Section 33000) shall be deemed void on the effective date of this part; provided, however, that such contracts or agreements for the provision of housing properly authorized under Part 1 (commencing with Section 33000) shall not be deemed void. (4) The department may determine that an agreement between a former redevelopment agency and a joint powers authority that was created to exercise the powers provided by the Military Base Reuse Authority Act (Title 7.86 (commencing with Section 67800) of the Government Code) is an enforceable obligation. (e) “Indebtedness obligations” means bonds, notes, certificates of participation, or other evidence of indebtedness, issued or delivered by the redevelopment agency, or by a joint exercise of powers authority created by the redevelopment agency, to third-party investors or bondholders to finance or refinance redevelopment projects undertaken by the redevelopment agency in compliance with the Community Redevelopment Law (Part 1 (commencing with Section 33000)). (f) “Oversight board” shall mean each entity established pursuant to Section 34179. (g) “Recognized obligation” means an obligation listed in the Recognized Obligation Payment Schedule. (h) “Recognized Obligation Payment Schedule” means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each six-month fiscal period as provided in subdivision (m) of Section 34177. (i) “School entity” means any entity defined as such in subdivision (f) of Section 95 of the Revenue and Taxation Code. (j) “Successor agency” means the successor entity to the former redevelopment agency as described in Section 34173. (k) “Taxing entities” means cities, counties, a city and county, special districts, and school entities, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, that receive passthrough payments and distributions of property taxes pursuant to the provisions of this part. (l) “Property taxes” include all property tax revenues, including those from unitary and supplemental and roll corrections applicable to tax increment. (m) “Department” means the Department of Finance unless the context clearly refers to another state agency. (n) “Sponsoring entity” means the city, county, or city and county, or other entity that authorized the creation of each redevelopment agency. (o) “Final judicial determination” means a final judicial determination made by any state court that is not appealed, or by a court of appellate jurisdiction that is not further appealed, in an action by any party. (p) From July 1, 2014, to July 1, 2018, inclusive, “housing entity administrative cost allowance” means an amount of up to 1 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund on behalf of the successor agency for each applicable fiscal year, but not less than one hundred fifty thousand dollars ($150,000) per fiscal year. (1) If a local housing authority assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176, then the housing entity administrative cost allowance shall be listed by the successor agency on the Recognized Obligation Payment Schedule. Upon approval of the Recognized Obligation Payment Schedule by the oversight board and the department, the housing entity administrative cost allowance shall be remitted by the successor agency on each January 2 and July 1 to the local housing authority that assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176. (2) If there are insufficient moneys in the Redevelopment Obligations Retirement Fund in a given fiscal year to make the payment authorized by this subdivision, the unfunded amount may be listed on each subsequent Recognized Obligation Payment Schedule until it has been paid in full. In these cases the five-year time limit on the payments shall not apply.

Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies, subject to review by oversight boards, and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. Existing law defines “enforceable obligation” for these purposes to generally exclude any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency. The Military Base Reuse Authority Act authorizes the creation of a military base reuse authority to plan, finance, and manage the transition of a military base from military to civilian use, as specified. This bill would authorize the Department of Finance to find that an agreement between a former redevelopment agency and a joint powers authority that was created to exercise the powers provided by the Military Base Reuse Authority Act is an enforceable obligation.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 34171 of the Health and Safety Code is amended to read: 34171. The following terms shall have the following meanings: (a) “Administrative budget” means the budget for administrative costs of the successor agencies as provided in Section 34177. (b) “Administrative cost allowance” means an amount that, subject to the approval of the oversight board, is payable from property tax revenues of up to 5 percent of the property tax allocated to the successor agency on the Recognized Obligation Payment Schedule covering the period January 1, 2012, through June 30, 2012, and up to 3 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund money that is allocated to the successor agency for each fiscal year thereafter; provided, however, that the amount shall not be less than two hundred fifty thousand dollars ($250,000), unless the oversight board reduces this amount, for any fiscal year or such lesser amount as agreed to by the successor agency. However, the allowance amount shall exclude, and shall not apply to, any administrative costs that can be paid from bond proceeds or from sources other than property tax. Administrative cost allowances shall exclude any litigation expenses related to assets or obligations, settlements and judgments, and the costs of maintaining assets prior to disposition. Employee costs associated with work on specific project implementation activities, including, but not limited to, construction inspection, project management, or actual construction, shall be considered project-specific costs and shall not constitute administrative costs. (c) “Designated local authority” shall mean a public entity formed pursuant to subdivision (d) of Section 34173. (d) (1) “Enforceable obligation” means any of the following: (A) Bonds, as defined by Section 33602 and bonds issued pursuant to Chapter 10.5 (commencing with Section 5850) of Division 6 of Title 1 of the Government Code, including the required debt service, reserve set-asides, and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopment agency. A reserve may be held when required by the bond indenture or when the next property tax allocation will be insufficient to pay all obligations due under the provisions of the bond for the next payment due in the following half of the calendar year. (B) Loans of moneys borrowed by the redevelopment agency for a lawful purpose, to the extent they are legally required to be repaid pursuant to a required repayment schedule or other mandatory loan terms. (C) Payments required by the federal government, preexisting obligations to the state or obligations imposed by state law, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183, or legally enforceable payments required in connection with the agencies’ employees, including, but not limited to, pension payments, pension obligation debt service, unemployment payments, or other obligations conferred through a collective bargaining agreement. Costs incurred to fulfill collective bargaining agreements for layoffs or terminations of city employees who performed work directly on behalf of the former redevelopment agency shall be considered enforceable obligations payable from property tax funds. The obligations to employees specified in this subparagraph shall remain enforceable obligations payable from property tax funds for any employee to whom those obligations apply if that employee is transferred to the entity assuming the housing functions of the former redevelopment agency pursuant to Section 34176. The successor agency or designated local authority shall enter into an agreement with the housing entity to reimburse it for any costs of the employee obligations. (D) Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency, other than passthrough payments that are made by the county auditor-controller pursuant to Section 34183. Along with the successor agency, the oversight board shall have the authority and standing to appeal any judgment or to set aside any settlement or arbitration decision. (E) Any legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy. However, nothing in this act shall prohibit either the successor agency, with the approval or at the direction of the oversight board, or the oversight board itself from terminating any existing agreements or contracts and providing any necessary and required compensation or remediation for such termination. Titles of or headings used on or in a document shall not be relevant in determining the existence of an enforceable obligation. (F) Contracts or agreements necessary for the administration or operation of the successor agency, in accordance with this part, including, but not limited to, agreements concerning litigation expenses related to assets or obligations, settlements and judgments, and the costs of maintaining assets prior to disposition, and agreements to purchase or rent office space, equipment and supplies, and pay-related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134. (G) Amounts borrowed from, or payments owing to, the Low and Moderate Income Housing Fund of a redevelopment agency, which had been deferred as of the effective date of the act adding this part; provided, however, that the repayment schedule is approved by the oversight board. Repayments shall be transferred to the Low and Moderate Income Housing Asset Fund established pursuant to subdivision (d) of Section 34176 as a housing asset and shall be used in a manner consistent with the affordable housing requirements of the Community Redevelopment Law (Part 1 (commencing with Section 33000)). (2) For purposes of this part, “enforceable obligation” does not include any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency. However, written agreements entered into (A) at the time of issuance, but in no event later than December 31, 2010, of indebtedness obligations, and (B) solely for the purpose of securing or repaying those indebtedness obligations may be deemed enforceable obligations for purposes of this part. Notwithstanding this paragraph, loan agreements entered into between the redevelopment agency and the city, county, or city and county that created it, within two years of the date of creation of the redevelopment agency, may be deemed to be enforceable obligations. (3) Contracts or agreements between the former redevelopment agency and other public agencies, to perform services or provide funding for governmental or private services or capital projects outside of redevelopment project areas that do not provide benefit to the redevelopment project and thus were not properly authorized under Part 1 (commencing with Section 33000) shall be deemed void on the effective date of this part; provided, however, that such contracts or agreements for the provision of housing properly authorized under Part 1 (commencing with Section 33000) shall not be deemed void. (4) The department may determine that an agreement between a former redevelopment agency and a joint powers authority that was created to exercise the powers provided by the Military Base Reuse Authority Act (Title 7.86 (commencing with Section 67800) of the Government Code) is an enforceable obligation. (e) “Indebtedness obligations” means bonds, notes, certificates of participation, or other evidence of indebtedness, issued or delivered by the redevelopment agency, or by a joint exercise of powers authority created by the redevelopment agency, to third-party investors or bondholders to finance or refinance redevelopment projects undertaken by the redevelopment agency in compliance with the Community Redevelopment Law (Part 1 (commencing with Section 33000)). (f) “Oversight board” shall mean each entity established pursuant to Section 34179. (g) “Recognized obligation” means an obligation listed in the Recognized Obligation Payment Schedule. (h) “Recognized Obligation Payment Schedule” means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each six-month fiscal period as provided in subdivision (m) of Section 34177. (i) “School entity” means any entity defined as such in subdivision (f) of Section 95 of the Revenue and Taxation Code. (j) “Successor agency” means the successor entity to the former redevelopment agency as described in Section 34173. (k) “Taxing entities” means cities, counties, a city and county, special districts, and school entities, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, that receive passthrough payments and distributions of property taxes pursuant to the provisions of this part. (l) “Property taxes” include all property tax revenues, including those from unitary and supplemental and roll corrections applicable to tax increment. (m) “Department” means the Department of Finance unless the context clearly refers to another state agency. (n) “Sponsoring entity” means the city, county, or city and county, or other entity that authorized the creation of each redevelopment agency. (o) “Final judicial determination” means a final judicial determination made by any state court that is not appealed, or by a court of appellate jurisdiction that is not further appealed, in an action by any party. (p) From July 1, 2014, to July 1, 2018, inclusive, “housing entity administrative cost allowance” means an amount of up to 1 percent of the property tax allocated to the Redevelopment Obligation Retirement Fund on behalf of the successor agency for each applicable fiscal year, but not less than one hundred fifty thousand dollars ($150,000) per fiscal year. (1) If a local housing authority assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176, then the housing entity administrative cost allowance shall be listed by the successor agency on the Recognized Obligation Payment Schedule. Upon approval of the Recognized Obligation Payment Schedule by the oversight board and the department, the housing entity administrative cost allowance shall be remitted by the successor agency on each January 2 and July 1 to the local housing authority that assumed the housing functions of the former redevelopment agency pursuant to paragraph (2) or (3) of subdivision (b) of Section 34176. (2) If there are insufficient moneys in the Redevelopment Obligations Retirement Fund in a given fiscal year to make the payment authorized by this subdivision, the unfunded amount may be listed on each subsequent Recognized Obligation Payment Schedule until it has been paid in full. In these cases the five-year time limit on the payments 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 69432.9 of the Education Code is amended to read: 69432.9. (a) A Cal Grant applicant shall submit a complete official financial aid application pursuant to Section 69433 and applicable regulations adopted by the commission. Each pupil enrolled in grade 12 in a California public school, including a charter school, other than pupils who opt out as provided in subdivision (d), shall be deemed to be a Cal Grant applicant. (b) Financial need shall be determined to establish an applicant’s initial eligibility for a Cal Grant award and a renewing recipient’s continued eligibility using the federal financial need methodology pursuant to subdivision (a) of Section 69506 and applicable regulations adopted by the commission, and as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Secs. 1070 et seq.). (1) “Expected family contribution,” with respect to an applicant or renewing recipient, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Secs. 1070 et seq.)) and applicable rules and regulations adopted by the commission. (2) “Financial need” means the difference between the student’s cost of attendance as determined by the commission and the expected family contribution. The calculation of financial need shall be consistent with Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Secs. 1070 et seq.). (3) (A) The minimum financial need required for receipt of an initial and renewal Cal Grant A or C award shall be no less than the maximum annual award value for the applicable institution, plus an additional one thousand five hundred dollars ($1,500) of financial need. (B) The minimum financial need required for receipt of an initial and renewal Cal Grant B award shall be no less than seven hundred dollars ($700). (c) (1) The commission shall require that a grade point average be submitted to it for all Cal Grant A and B applicants, except for those permitted to provide test scores in lieu of a grade point average. (2) The commission shall require that a grade point average be submitted to it electronically on a standardized form for all grade 12 pupils at public schools, including charter schools, each academic year, except for pupils who have opted out as provided in subdivision (d). Social security numbers shall not be included in the information submitted to the commission. However, if the commission determines that a social security number is required to complete the application for financial aid, the school, school district, or charter school may obtain permission from the parent or guardian of the pupil, or the pupil, if he or she is 18 years of age, to submit the pupil’s social security number to the commission. (3) The commission shall require that each report of a grade point average include a certification, executed under penalty of perjury, by a school official, that the grade point average reported is accurately reported. The certification shall include a statement that it is subject to review by the commission or its designee. (4) The commission shall adopt regulations that establish a grace period for receipt of the grade point average and any appropriate corrections, and that set forth the circumstances under which a student may submit a specified test score designated by the commission, by regulation, in lieu of submitting a qualifying grade point average. (5) It is the intent of the Legislature that high schools and institutions of higher education certify the grade point averages of their students in time to meet the application deadlines imposed by this chapter. (6) It is the intent of the Legislature that the commission make available to each high school and school district a report identifying all grade 12 pupils within the high school or school district, respectively, who have and have not completed the Free Application for Federal Student Aid or the California Dream Act Application. (d) (1) The school district or charter school shall, no later than October 15 of a pupil’s grade 12 academic year, notify, in writing, each grade 12 pupil and, for a pupil under 18 years of age, his or her parent or guardian that, pursuant to subdivision (a), the pupil will be deemed a Cal Grant applicant unless the pupil opts out within a period of time specified in the notice, which shall not be less than 30 days. The required notice shall indicate when the school will first send grade point averages to the commission. The school district or charter school shall provide an opportunity for the pupil to opt out of being automatically deemed a Cal Grant applicant. (2) Until a pupil turns 18 years of age, only a parent or guardian may opt the pupil out. Once a pupil turns 18 years of age, only the pupil may opt himself or herself out and, if prior to the conclusion of the notice period, the pupil may opt in over the prior decision of a parent or guardian to opt out. SEC. 2. Section 69432.92 is added to the Education Code, to read: 69432.92. (a) The commission may require verification of high school graduation or its equivalent to be electronically submitted for all former grade 12 pupils who graduated from public schools, including charter schools, in the prior academic year, except for pupils who have opted out as provided in subdivision (d) of Section 69432.9. (b) It is the intent of the Legislature that high schools or high school districts verify the graduation of their pupils in time to meet the deadlines imposed by subdivision (e) of Section 69433.9. 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.

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 award, and the Cal Grant T award under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. As part of these eligibility requirements, existing law requires the commission to require that a grade point average be submitted to it electronically for all grade 12 pupils at public schools, including charter schools, each academic year, except as specified. This bill would require this electronic submission to be on a standardized form. The bill would also authorize the commission to require that verification of high school graduation or its equivalent be electronically submitted for all former grade 12 pupils who graduated from public schools, including charter schools, in the prior academic year, except for pupils who have opted out, as specified. By requiring the electronic submission of grade point average information to be on a standardized form, and authorizing the commission to additionally require verification of graduation information of prior grade 12 pupils, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 69432.9 of the Education Code is amended to read: 69432.9. (a) A Cal Grant applicant shall submit a complete official financial aid application pursuant to Section 69433 and applicable regulations adopted by the commission. Each pupil enrolled in grade 12 in a California public school, including a charter school, other than pupils who opt out as provided in subdivision (d), shall be deemed to be a Cal Grant applicant. (b) Financial need shall be determined to establish an applicant’s initial eligibility for a Cal Grant award and a renewing recipient’s continued eligibility using the federal financial need methodology pursuant to subdivision (a) of Section 69506 and applicable regulations adopted by the commission, and as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Secs. 1070 et seq.). (1) “Expected family contribution,” with respect to an applicant or renewing recipient, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Secs. 1070 et seq.)) and applicable rules and regulations adopted by the commission. (2) “Financial need” means the difference between the student’s cost of attendance as determined by the commission and the expected family contribution. The calculation of financial need shall be consistent with Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Secs. 1070 et seq.). (3) (A) The minimum financial need required for receipt of an initial and renewal Cal Grant A or C award shall be no less than the maximum annual award value for the applicable institution, plus an additional one thousand five hundred dollars ($1,500) of financial need. (B) The minimum financial need required for receipt of an initial and renewal Cal Grant B award shall be no less than seven hundred dollars ($700). (c) (1) The commission shall require that a grade point average be submitted to it for all Cal Grant A and B applicants, except for those permitted to provide test scores in lieu of a grade point average. (2) The commission shall require that a grade point average be submitted to it electronically on a standardized form for all grade 12 pupils at public schools, including charter schools, each academic year, except for pupils who have opted out as provided in subdivision (d). Social security numbers shall not be included in the information submitted to the commission. However, if the commission determines that a social security number is required to complete the application for financial aid, the school, school district, or charter school may obtain permission from the parent or guardian of the pupil, or the pupil, if he or she is 18 years of age, to submit the pupil’s social security number to the commission. (3) The commission shall require that each report of a grade point average include a certification, executed under penalty of perjury, by a school official, that the grade point average reported is accurately reported. The certification shall include a statement that it is subject to review by the commission or its designee. (4) The commission shall adopt regulations that establish a grace period for receipt of the grade point average and any appropriate corrections, and that set forth the circumstances under which a student may submit a specified test score designated by the commission, by regulation, in lieu of submitting a qualifying grade point average. (5) It is the intent of the Legislature that high schools and institutions of higher education certify the grade point averages of their students in time to meet the application deadlines imposed by this chapter. (6) It is the intent of the Legislature that the commission make available to each high school and school district a report identifying all grade 12 pupils within the high school or school district, respectively, who have and have not completed the Free Application for Federal Student Aid or the California Dream Act Application. (d) (1) The school district or charter school shall, no later than October 15 of a pupil’s grade 12 academic year, notify, in writing, each grade 12 pupil and, for a pupil under 18 years of age, his or her parent or guardian that, pursuant to subdivision (a), the pupil will be deemed a Cal Grant applicant unless the pupil opts out within a period of time specified in the notice, which shall not be less than 30 days. The required notice shall indicate when the school will first send grade point averages to the commission. The school district or charter school shall provide an opportunity for the pupil to opt out of being automatically deemed a Cal Grant applicant. (2) Until a pupil turns 18 years of age, only a parent or guardian may opt the pupil out. Once a pupil turns 18 years of age, only the pupil may opt himself or herself out and, if prior to the conclusion of the notice period, the pupil may opt in over the prior decision of a parent or guardian to opt out. SEC. 2. Section 69432.92 is added to the Education Code, to read: 69432.92. (a) The commission may require verification of high school graduation or its equivalent to be electronically submitted for all former grade 12 pupils who graduated from public schools, including charter schools, in the prior academic year, except for pupils who have opted out as provided in subdivision (d) of Section 69432.9. (b) It is the intent of the Legislature that high schools or high school districts verify the graduation of their pupils in time to meet the deadlines imposed by subdivision (e) of Section 69433.9. 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. The Legislature finds and declares all of the following: (a) Whereas, on May 23, 2011, the United States Supreme Court ordered California to reduce its prison population to 137.5 percent of design capacity within two years from the date of its ruling. (b) As of December 10, 2014, the prison population was at 140 percent of design capacity, exceeding the final February 2016 population cap by approximately 2,104 inmates. (c) The 2011 Public Safety Realignment, addressing public safety and, in an effort to reduce California’s prison population, shifted to counties the responsibility for monitoring, tracking, and incarcerating lower level offenders previously sent to state prison. By mid-2013, more than 100,000 offenders had been diverted to county supervision instead of going to state prisons. (d) On November 4, 2014, the voters of California passed Proposition 47, which requires misdemeanor rather than felony sentencing for certain property and drug crimes and permits inmates previously sentenced for these reclassified crimes to petition for resentencing. As of December 4, 2014, 132 inmates had been resentenced and released from prison. Under this proposition, it is estimated that the 2015–16 institution average daily population will be reduced by approximately 1,900 inmates as a result of resentencing and the reduction in new admissions. (e) Research shows that formerly incarcerated individuals do better and remain out of prison longer when they have training and a job with advancement opportunities. Obtaining quality jobs, however, is not realistic for many incarcerated individuals without additional training education. Workforce training opportunities to men and women reentering our communities ensures that they gain training and education, job readiness skills, and job placement assistance required for securing necessary employment after being released from prison. This would lower repeat offenses, and ultimately, the number of people incarcerated, as a number of studies have proven that people are less likely to offend or recidivate if they are gainfully employed. (f) Investing in services and supports for the reentry population is also consistent with statewide workforce goals. California’s Strategic Workforce Development Plan 2013–2017 includes the goal of providing access to quality employment services for formally incarcerated individuals as an overarching priority for the State Workforce Investment Board. SEC. 2. Section 1234.2 of the Penal Code is amended to read: 1234.2. The State WIB shall administer the grant program as follows: (a) Develop criteria for the selection of grant recipients through a public application process, including, but not limited to, the rating and ranking of applications that meet the threshold criteria set forth in this section. (b) Design the grant program application process to ensure all of the following occurs: (1) Outreach and technical assistance is made available to eligible applicants, especially to small population and rural counties. (2) Grants are awarded on a competitive basis. (3) Small and rural counties are competitive in applying for funds. (4) Applicants are encouraged to develop evidence-based, best practices for serving the workforce training and education needs of the supervised population. (5) The education and training needs of one or both of the following are addressed: (A) Individuals with some postsecondary education who can enter into programs and benefit from services that result in certifications, and placement on a middle skill career ladder. (B) Individuals who require basic education as well as training in order to obtain entry level jobs where there are opportunities for career advancement. SEC. 3. Section 1234.3 of the Penal Code is amended to read: 1234.3. (a) The grant program shall be competitively awarded through at least two rounds of funding, with the first phase of funding being awarded on or before May 1, 2015. (b) Each county is eligible to apply, and a single application may include multiple counties applying jointly. Each application shall include a partnership agreement between the county or counties and one or more local workforce investment boards that outline the actions each party agrees to undertake as part of the project proposed in the application. (c) At a minimum, each project proposed in the application shall include a provision for an education and training assessment for each individual of the supervised population who participates in the project. The assessment may be undertaken by the applicant or by another entity. A prior assessment of an individual may be used if, in the determination of the State WIB, its results are accurate. The State WIB may delegate the responsibility for determining the sufficiency of a prior assessment to one or more local workforce investment boards. (d) Eligible uses of grant funds include, but are not limited to, vocational training, stipends for trainees, and apprenticeship opportunities for the supervised population. Supportive services and job readiness activities shall serve as bridge activities that lead to enrollment in long-term training programs. (e) Preference shall be awarded to applications for the following: (1) An application that proposes matching funds, including, but not limited to, moneys committed by local workforce investment boards, local governments, and private foundation funds. (2) An application submitted by a county that currently administers or participates in a workforce training program for the supervised population. (3) An application that proposes participation by one or more nonprofit community-based organizations that serve the supervised population. (f) An application shall meet the following requirements: (1) Set a specific purpose for the use of the grant funds, as well as provide the baseline criteria and metrics by which the overall success of the grant project can be evaluated. (2) Define the specific subset of the supervised population, among the eligible supervised population that the grant money will serve. (3) Define the industry sector or sectors in which the targeted supervised population will be trained, including the current and projected workforce within the region for those jobs, the range of wage rates, and the training and education requirements within those industry sectors. (4) Define the general methodology and training methods proposed to be used and explain the manner in which the progress of the targeted supervised population will be monitored during the grant period. (g) As a condition of receiving funds, a grant recipient shall agree to provide information to the State WIB in sufficient detail to allow the State WIB to meet the reporting requirements in Section 1234.4. SEC. 4. Section 1234.4 of the Penal Code is amended to read: 1234.4. (a) On at least an annual basis, and upon completion of the grant period, grant recipients shall report to the State WIB regarding their use of the funds and workforce training program outcomes. (b) By January 1, 2018, the State WIB shall submit a report to the Legislature using the reports from the grant recipients. The report shall contain all the following information: (1) The overall success of the grant program, based on the goals and metrics set in the awarded grants. (2) An evaluation of the effectiveness of the grant program based on the goals and metrics set in the awarded grants. (3) A recommendation on the long-term viability of local workforce investment board and county collaborations on workforce training programs for the supervised population. (4) A recommendation on the long-term viability of county workforce training programs for the supervised population. (5) In considering the overall success and effectiveness of the grant program, the report shall include a discussion of all of the following: (A) The education and workforce readiness of the supervised population at the time individual participants entered the program and how this impacted the types of services needed and offered. (B) Whether the programs aligned with the workforce needs of high-demand sectors of the state and regional economies. (C) Whether there was an active job market for the skills being developed where the member of the supervised population was likely to be released. (D) Whether the program increased the number of members of the supervised population that obtained a marketable and industry or apprenticeship board-recognized certification, credential, or degree. (E) Whether the program increased the numbers of the supervised population that successfully complete a job readiness basic skill bridge program and enroll in a long-term training program. (F) Whether there were formal or informal networks in the field that support finding employment upon release from custody. (G) Whether the program led to employment in occupations with a livable wage. (H) Whether the metrics used to evaluate the individual grants were sufficiently aligned with the objectives of the program. (c) (1) The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide cost savings to the state by making the grant program operate more efficiently as soon as possible, it is necessary that this act take effect immediately.

Existing law establishes the California Workforce Investment Board (State WIB) to assist the Governor in the development, oversight, and improvement of the state workforce investment system and the alignment of the education and workforce systems, as specified. Existing law also establishes local workforce investment boards to assist in the planning, oversight, and evaluation of local workforce investment. Existing law establishes the Supervised Population Workforce Training Grant Program to be administered by the State WIB. The program awards grants on a competitive basis to counties that propose a project that provides, at a minimum, an education and training assessment for persons who are on probation, mandatory supervision, or postrelease community supervision and are supervised by, or under the jurisdiction of, a county. Existing law establishes criteria for the grant program, including that the education and training needs of both individuals who have some postsecondary education, and those who require basic education and training, are addressed. Existing law requires each project proposed in the application for a grant to include a provision for an education and training assessment for each individual of the supervised population who participates in the project, and provides that a prior assessment of an individual may be used if, in the determination of the State WIB, its results are accurate. Existing law requires grant recipients to report to the State WIB, at least annually and upon completion of the grant period, regarding their use of the funds and workforce training program outcomes. Existing law requires, by January 1, 2018, the State WIB to submit a report to the Legislature using the reports from the grant recipients, and requires the report to contain specified information. This bill would revise the criteria for the grant program by authorizing a grant applicant to address the education and training needs of individuals who have some postsecondary education, or individuals who require basic education and training, or individuals in both categories. The bill would authorize the State WIB to delegate the responsibility for determining the sufficiency of a prior assessment to one or more local workforce investment boards. The bill would also require the report to the Legislature to include a discussion of the education and workforce readiness of the supervised population at the time individual participants entered the program and how this impacted the types of services needed and offered, and whether the metrics used to evaluate the individual grants were sufficiently aligned with the objectives of the program. The bill would also include a statement of legislative findings and declarations. 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. The Legislature finds and declares all of the following: (a) Whereas, on May 23, 2011, the United States Supreme Court ordered California to reduce its prison population to 137.5 percent of design capacity within two years from the date of its ruling. (b) As of December 10, 2014, the prison population was at 140 percent of design capacity, exceeding the final February 2016 population cap by approximately 2,104 inmates. (c) The 2011 Public Safety Realignment, addressing public safety and, in an effort to reduce California’s prison population, shifted to counties the responsibility for monitoring, tracking, and incarcerating lower level offenders previously sent to state prison. By mid-2013, more than 100,000 offenders had been diverted to county supervision instead of going to state prisons. (d) On November 4, 2014, the voters of California passed Proposition 47, which requires misdemeanor rather than felony sentencing for certain property and drug crimes and permits inmates previously sentenced for these reclassified crimes to petition for resentencing. As of December 4, 2014, 132 inmates had been resentenced and released from prison. Under this proposition, it is estimated that the 2015–16 institution average daily population will be reduced by approximately 1,900 inmates as a result of resentencing and the reduction in new admissions. (e) Research shows that formerly incarcerated individuals do better and remain out of prison longer when they have training and a job with advancement opportunities. Obtaining quality jobs, however, is not realistic for many incarcerated individuals without additional training education. Workforce training opportunities to men and women reentering our communities ensures that they gain training and education, job readiness skills, and job placement assistance required for securing necessary employment after being released from prison. This would lower repeat offenses, and ultimately, the number of people incarcerated, as a number of studies have proven that people are less likely to offend or recidivate if they are gainfully employed. (f) Investing in services and supports for the reentry population is also consistent with statewide workforce goals. California’s Strategic Workforce Development Plan 2013–2017 includes the goal of providing access to quality employment services for formally incarcerated individuals as an overarching priority for the State Workforce Investment Board. SEC. 2. Section 1234.2 of the Penal Code is amended to read: 1234.2. The State WIB shall administer the grant program as follows: (a) Develop criteria for the selection of grant recipients through a public application process, including, but not limited to, the rating and ranking of applications that meet the threshold criteria set forth in this section. (b) Design the grant program application process to ensure all of the following occurs: (1) Outreach and technical assistance is made available to eligible applicants, especially to small population and rural counties. (2) Grants are awarded on a competitive basis. (3) Small and rural counties are competitive in applying for funds. (4) Applicants are encouraged to develop evidence-based, best practices for serving the workforce training and education needs of the supervised population. (5) The education and training needs of one or both of the following are addressed: (A) Individuals with some postsecondary education who can enter into programs and benefit from services that result in certifications, and placement on a middle skill career ladder. (B) Individuals who require basic education as well as training in order to obtain entry level jobs where there are opportunities for career advancement. SEC. 3. Section 1234.3 of the Penal Code is amended to read: 1234.3. (a) The grant program shall be competitively awarded through at least two rounds of funding, with the first phase of funding being awarded on or before May 1, 2015. (b) Each county is eligible to apply, and a single application may include multiple counties applying jointly. Each application shall include a partnership agreement between the county or counties and one or more local workforce investment boards that outline the actions each party agrees to undertake as part of the project proposed in the application. (c) At a minimum, each project proposed in the application shall include a provision for an education and training assessment for each individual of the supervised population who participates in the project. The assessment may be undertaken by the applicant or by another entity. A prior assessment of an individual may be used if, in the determination of the State WIB, its results are accurate. The State WIB may delegate the responsibility for determining the sufficiency of a prior assessment to one or more local workforce investment boards. (d) Eligible uses of grant funds include, but are not limited to, vocational training, stipends for trainees, and apprenticeship opportunities for the supervised population. Supportive services and job readiness activities shall serve as bridge activities that lead to enrollment in long-term training programs. (e) Preference shall be awarded to applications for the following: (1) An application that proposes matching funds, including, but not limited to, moneys committed by local workforce investment boards, local governments, and private foundation funds. (2) An application submitted by a county that currently administers or participates in a workforce training program for the supervised population. (3) An application that proposes participation by one or more nonprofit community-based organizations that serve the supervised population. (f) An application shall meet the following requirements: (1) Set a specific purpose for the use of the grant funds, as well as provide the baseline criteria and metrics by which the overall success of the grant project can be evaluated. (2) Define the specific subset of the supervised population, among the eligible supervised population that the grant money will serve. (3) Define the industry sector or sectors in which the targeted supervised population will be trained, including the current and projected workforce within the region for those jobs, the range of wage rates, and the training and education requirements within those industry sectors. (4) Define the general methodology and training methods proposed to be used and explain the manner in which the progress of the targeted supervised population will be monitored during the grant period. (g) As a condition of receiving funds, a grant recipient shall agree to provide information to the State WIB in sufficient detail to allow the State WIB to meet the reporting requirements in Section 1234.4. SEC. 4. Section 1234.4 of the Penal Code is amended to read: 1234.4. (a) On at least an annual basis, and upon completion of the grant period, grant recipients shall report to the State WIB regarding their use of the funds and workforce training program outcomes. (b) By January 1, 2018, the State WIB shall submit a report to the Legislature using the reports from the grant recipients. The report shall contain all the following information: (1) The overall success of the grant program, based on the goals and metrics set in the awarded grants. (2) An evaluation of the effectiveness of the grant program based on the goals and metrics set in the awarded grants. (3) A recommendation on the long-term viability of local workforce investment board and county collaborations on workforce training programs for the supervised population. (4) A recommendation on the long-term viability of county workforce training programs for the supervised population. (5) In considering the overall success and effectiveness of the grant program, the report shall include a discussion of all of the following: (A) The education and workforce readiness of the supervised population at the time individual participants entered the program and how this impacted the types of services needed and offered. (B) Whether the programs aligned with the workforce needs of high-demand sectors of the state and regional economies. (C) Whether there was an active job market for the skills being developed where the member of the supervised population was likely to be released. (D) Whether the program increased the number of members of the supervised population that obtained a marketable and industry or apprenticeship board-recognized certification, credential, or degree. (E) Whether the program increased the numbers of the supervised population that successfully complete a job readiness basic skill bridge program and enroll in a long-term training program. (F) Whether there were formal or informal networks in the field that support finding employment upon release from custody. (G) Whether the program led to employment in occupations with a livable wage. (H) Whether the metrics used to evaluate the individual grants were sufficiently aligned with the objectives of the program. (c) (1) The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide cost savings to the state by making the grant program operate more efficiently as soon as possible, it is necessary that this act take effect immediately. ### Summary: This bill would authorize the State Workforce Investment Board to award grants to local workforce investment boards and counties for workforce training programs for the supervised population. The bill would require

The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares all of the following: (1) Residential and commercial buildings and the systems and equipment within them were responsible for 69 percent of all electricity consumption in California in 2013, the equivalent output of 70 500-megawatt powerplants. Under the 2000–13 historical growth trends, this is projected to increase to the equivalent of 79 powerplants by 2030. The electric power sector is the second largest source of greenhouse gas emissions in California after transportation, comprising 21 percent of the state’s total emissions. (2) Plug-in equipment is responsible for two-thirds of electricity consumption in residential buildings and a significant share of electricity consumption in office buildings. This electricity consumption is increasing rapidly, indicating that current plug-in equipment efficiency policy efforts are outpaced by the growth in the number of electronic devices and their electricity consumption, jeopardizing California’s ability to meet its energy and climate goals. (3) Cost-effective technologies such as those used in mobile electronic devices already exist to significantly reduce the electricity consumption of plug-in equipment, but are not used in the majority of plug-in electronic devices. (4) California has set ambitious goals for renewable energy and energy efficiency in the envelope, major systems, and lighting of buildings, but does not have quantified goals for a category that now represents two-thirds of the electricity consumption in the state’s residential buildings and a significant share of the electricity consumption in commercial buildings. (5) Market barriers, such as a lack of consumer awareness and information on product lifetime energy costs, and split incentives between manufacturers who make product design decisions and consumers who pay the electricity bill, give efficiency programs and standards a critical role in realizing the economic potential for energy efficiency in plug-in equipment. (6) Challenges with the evaluation and the attribution of program savings to utilities and program implementers, as well as the focus on short-term savings, are limiting the effective use of these programs to capture energy-saving opportunities that require upfront investment to yield large future savings through market transformation. (7) The State Energy Resources Conservation and Development Commission and the Public Utilities Commission have set a goal to achieve zero net energy for all new residential buildings by 2020 and for all new, and a substantial proportion of existing, commercial buildings by 2030. (8) The Legislature supports the zero net energy goals of the State Energy Resources Conservation and Development Commission and the Public Utilities Commission as a key strategy to decarbonize the California economy. (9) Plug-in equipment electricity consumption may not be fully accounted for in zero net energy models, leading to buildings designed and certified as zero net energy not necessarily achieving zero net energy in real-world operation when occupants bring in typical plug-in equipment. (b) It is the intent of the Legislature to ensure that, in support of the state’s climate and energy goals, plug-in equipment energy consumption is reduced where technologically feasible and cost effective. SEC. 2. Section 25327 is added to the Public Resources Code, to read: 25327. (a) (1) For purposes of this subdivision “HVAC” means heating, ventilation, and air conditioning. (2) For the purposes of this section, except as provided in paragraph (3), “plug-in equipment” means an electrical device that plugs into a power outlet, including, but not limited to, household appliances, electronic products, miscellaneous electrical loads, portable and other plug-in HVAC equipment, and commercial plug-in appliances. (3) “Plug-in equipment” does not include the following: (A) Non-plug-in HVAC, including split, packaged, or built-up HVAC equipment that is typically installed by an HVAC contractor. (B) Lighting, whether built in or portable. (C) Infrastructure loads wired directly to the building electrical system, such as ground-fault circuit interrupter (GFCI) breakers and outlets, wired smoke or carbon monoxide detectors, and lighting switches. (D) Electric vehicles. (4) For purposes of this subdivision, power outlets include line outlets, such as 110-volt alternating current (AC) and other emerging power delivery mechanisms, including Universal Serial Bus (USB), Power over Ethernet (PoE), and 24-volt direct current (VDC). (b) The commission shall, in collaboration with the Public Utilities Commission, do all of the following: (1) Conduct an analysis of plug-in equipment electricity consumption, including appliances, electronics, and miscellaneous electric loads, to assess current use and trends. The commission shall draw on existing data and already-funded studies where appropriate to limit costs and reduce the time required to complete the analysis. The analysis shall focus on the top 80 percent of plug-in equipment average annual electricity consumption. (2) Before January 1, 2018, set statewide, long-term energy efficiency targets for to reduce the amount of electricity consumed by plug-in equipment. (3) Develop an implementation plan, in consultation with stakeholders, including equipment manufacturers and retailers, to achieve the targets set forth in established under paragraph (2). The implementation plan shall meet all of the following requirements: (A) Be comprised of a complementary portfolio of techniques, applications, and practices that may include, but need not be limited to: revising existing, and setting new, appliance efficiency standards; working with federal government agencies to revise existing, and implement new, federal standards; implementing incentive programs, appliance early replacement rebate programs that link purchase and disposal rebates, and upstream market transformation programs; expanding research and development; and public outreach and education efforts. (B) Consider costs and ratepayer protections, consistent with Section 25000.1. (C) Use an accurate cost-effectiveness methodology for assessing the long-term value of efficiency savings and ensure that benefits outweigh costs to ratepayers. (4) Track the progress of the implementation plan in meeting the targets annually through the Electricity Supply Analysis Division of the commission and the Energy Division of the Public Utilities Commission. (5) Revise the implementation plan and priorities in consultation with stakeholders. (6) Update the implementation plan, as a part of the integrated energy policy report required pursuant to Section 25302, with a report on the progress toward meeting the targets through the tracking required pursuant to paragraph (4). (c) The Public Utilities Commission shall, in collaboration with the commission, work with stakeholders, including equipment manufacturers, equipment retailers, and electric utilities, to address challenges that may limit or inhibit the achievement of the targets set forth in paragraph (2) of subdivision (b), including, but not limited to, the evaluation and attribution of energy savings and the enabling of market transformation programs.

Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission), on a biennial basis, to conduct assessments and forecasts of all aspects of energy industry supply, production, transportation, delivery, and distribution. Existing law requires the Energy Commission, beginning November 1, 2003, and biennially thereafter, to adopt an integrated energy policy report containing an overview of major energy trends and issues facing the state. Under existing law, the Public Utilities Commission has regulatory jurisdiction over the public utilities, including electrical corporations. This bill would require the Energy Commission, in collaboration with the Public Utilities Commission, to conduct an analysis of plug-in equipment electricity consumption, as specified, and set statewide, long-term energy efficiency targets for to reduce the amount of electricity consumed by plug-in equipment. The bill would require the Energy Commission, in collaboration with the Public Utilities Commission, to develop, track the progress of, revise, and update an implementation plan to achieve those targets, as specified. The bill would require the Public Utilities Commission, in collaboration with the Energy Commission, to work with stakeholders to address challenges to the achievement of those targets.

<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) Residential and commercial buildings and the systems and equipment within them were responsible for 69 percent of all electricity consumption in California in 2013, the equivalent output of 70 500-megawatt powerplants. Under the 2000–13 historical growth trends, this is projected to increase to the equivalent of 79 powerplants by 2030. The electric power sector is the second largest source of greenhouse gas emissions in California after transportation, comprising 21 percent of the state’s total emissions. (2) Plug-in equipment is responsible for two-thirds of electricity consumption in residential buildings and a significant share of electricity consumption in office buildings. This electricity consumption is increasing rapidly, indicating that current plug-in equipment efficiency policy efforts are outpaced by the growth in the number of electronic devices and their electricity consumption, jeopardizing California’s ability to meet its energy and climate goals. (3) Cost-effective technologies such as those used in mobile electronic devices already exist to significantly reduce the electricity consumption of plug-in equipment, but are not used in the majority of plug-in electronic devices. (4) California has set ambitious goals for renewable energy and energy efficiency in the envelope, major systems, and lighting of buildings, but does not have quantified goals for a category that now represents two-thirds of the electricity consumption in the state’s residential buildings and a significant share of the electricity consumption in commercial buildings. (5) Market barriers, such as a lack of consumer awareness and information on product lifetime energy costs, and split incentives between manufacturers who make product design decisions and consumers who pay the electricity bill, give efficiency programs and standards a critical role in realizing the economic potential for energy efficiency in plug-in equipment. (6) Challenges with the evaluation and the attribution of program savings to utilities and program implementers, as well as the focus on short-term savings, are limiting the effective use of these programs to capture energy-saving opportunities that require upfront investment to yield large future savings through market transformation. (7) The State Energy Resources Conservation and Development Commission and the Public Utilities Commission have set a goal to achieve zero net energy for all new residential buildings by 2020 and for all new, and a substantial proportion of existing, commercial buildings by 2030. (8) The Legislature supports the zero net energy goals of the State Energy Resources Conservation and Development Commission and the Public Utilities Commission as a key strategy to decarbonize the California economy. (9) Plug-in equipment electricity consumption may not be fully accounted for in zero net energy models, leading to buildings designed and certified as zero net energy not necessarily achieving zero net energy in real-world operation when occupants bring in typical plug-in equipment. (b) It is the intent of the Legislature to ensure that, in support of the state’s climate and energy goals, plug-in equipment energy consumption is reduced where technologically feasible and cost effective. SEC. 2. Section 25327 is added to the Public Resources Code, to read: 25327. (a) (1) For purposes of this subdivision “HVAC” means heating, ventilation, and air conditioning. (2) For the purposes of this section, except as provided in paragraph (3), “plug-in equipment” means an electrical device that plugs into a power outlet, including, but not limited to, household appliances, electronic products, miscellaneous electrical loads, portable and other plug-in HVAC equipment, and commercial plug-in appliances. (3) “Plug-in equipment” does not include the following: (A) Non-plug-in HVAC, including split, packaged, or built-up HVAC equipment that is typically installed by an HVAC contractor. (B) Lighting, whether built in or portable. (C) Infrastructure loads wired directly to the building electrical system, such as ground-fault circuit interrupter (GFCI) breakers and outlets, wired smoke or carbon monoxide detectors, and lighting switches. (D) Electric vehicles. (4) For purposes of this subdivision, power outlets include line outlets, such as 110-volt alternating current (AC) and other emerging power delivery mechanisms, including Universal Serial Bus (USB), Power over Ethernet (PoE), and 24-volt direct current (VDC). (b) The commission shall, in collaboration with the Public Utilities Commission, do all of the following: (1) Conduct an analysis of plug-in equipment electricity consumption, including appliances, electronics, and miscellaneous electric loads, to assess current use and trends. The commission shall draw on existing data and already-funded studies where appropriate to limit costs and reduce the time required to complete the analysis. The analysis shall focus on the top 80 percent of plug-in equipment average annual electricity consumption. (2) Before January 1, 2018, set statewide, long-term energy efficiency targets for to reduce the amount of electricity consumed by plug-in equipment. (3) Develop an implementation plan, in consultation with stakeholders, including equipment manufacturers and retailers, to achieve the targets set forth in established under paragraph (2). The implementation plan shall meet all of the following requirements: (A) Be comprised of a complementary portfolio of techniques, applications, and practices that may include, but need not be limited to: revising existing, and setting new, appliance efficiency standards; working with federal government agencies to revise existing, and implement new, federal standards; implementing incentive programs, appliance early replacement rebate programs that link purchase and disposal rebates, and upstream market transformation programs; expanding research and development; and public outreach and education efforts. (B) Consider costs and ratepayer protections, consistent with Section 25000.1. (C) Use an accurate cost-effectiveness methodology for assessing the long-term value of efficiency savings and ensure that benefits outweigh costs to ratepayers. (4) Track the progress of the implementation plan in meeting the targets annually through the Electricity Supply Analysis Division of the commission and the Energy Division of the Public Utilities Commission. (5) Revise the implementation plan and priorities in consultation with stakeholders. (6) Update the implementation plan, as a part of the integrated energy policy report required pursuant to Section 25302, with a report on the progress toward meeting the targets through the tracking required pursuant to paragraph (4). (c) The Public Utilities Commission shall, in collaboration with the commission, work with stakeholders, including equipment manufacturers, equipment retailers, and electric utilities, to address challenges that may limit or inhibit the achievement of the targets set forth in paragraph (2) of subdivision (b), including, but not limited to, the evaluation and attribution of energy savings and the enabling of market transformation programs. ### Summary: This bill would require the California Energy Commission to conduct an analysis of plug-in equipment electricity consumption, including appliances, electronics, and miscellaneous electric loads, to assess

The people of the State of California do enact as follows: SECTION 1. Section 44664.5 is added to the Education Code, to read: 44664.5. (a) The superintendent of a school district shall make available to the public, and post on the Internet Web site of the school district, if it has one, all of the following: (1) An easily understandable explanation of how the evaluation of certificated teaching staff is conducted, including, but not limited to, all blank evaluation forms, all procedures to be used for the evaluation of certificated teachers contained in the current collective bargaining agreement, how evaluations include the progress of pupils toward the locally adopted standards of expected pupil achievement at each grade level in each area of study, and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments. (2) Whether or not the school district has adopted an evaluation system for school principals, and how it compares to the standards set forth in Sections 44670 and 44671. (b) A county superintendent of schools shall make available to the public, and post on the Internet Web site of the county office of education, if it has one, all of the following: (1) An easily understandable explanation of how the evaluation of certificated teaching staff is conducted, including, but not limited to, all blank evaluation forms, all procedures to be used for the evaluation of certificated teachers contained in the current collective bargaining agreement, how evaluations include the progress of pupils toward the locally adopted standards of expected pupil achievement at each grade level in each area of study, and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments. (2) Whether or not the county office of education has adopted an evaluation system for school principals, and how it compares to the standards set forth in Sections 44670 and 44671. SEC. 2. Section 52061 of the Education Code is amended to read: 52061. (a)On or before July 1, 2015, and each year thereafter, a school district shall update the local control and accountability plan. The annual update shall be developed using a template developed pursuant to Section 52064 and shall include all of the following: (1)A review of any changes in the applicability of the goals described in paragraph (1) of subdivision (c) of Section 52060. (2)A review of the progress toward the goals included in the existing local control and accountability plan, an assessment of the effectiveness of the specific actions described in the existing local control and accountability plan toward achieving the goals, and a description of changes to the specific actions the school district will make as a result of the review and assessment. (3)A listing and description of the expenditures at the school district level and by schoolsite for the fiscal year implementing the specific actions included in the local control and accountability plan and the changes to the specific actions made as a result of the reviews and assessment required by paragraphs (1) and (2). (4)A listing and description of expenditures at the school district level and by schoolsite for the fiscal year that will serve the pupils to whom one or more of the definitions in Section 42238.01 apply and pupils redesignated as fluent English proficient. (b)The expenditures identified in subdivision (a) shall be classified using the California School Accounting Manual pursuant to Section 41010. SEC. 3. Section 52067 of the Education Code is amended to read: 52067. (a)On or before July 1, 2015, and each year thereafter, a county board of education shall update the local control and accountability plan. The annual update shall be developed using a template developed pursuant to Section 52064 and shall include all of the following: (1)A review of any changes in the applicability of the goals described in paragraph (1) of subdivision (c) of Section 52066. (2)A review of the progress toward the goals included in the existing local control and accountability plan, an assessment of the effectiveness of the specific actions described in the existing local control and accountability plan toward achieving the goals, and a description of changes to the specific actions the county office of education will make as a result of the review and assessment. (3)A listing and description of the expenditures at the county level and by schoolsite for the fiscal year implementing the specific actions included in the local control and accountability plan as a result of the reviews and assessment required by paragraphs (1) and (2). (4)A listing and description of expenditures at the county level and by schoolsite for the fiscal year that will serve the pupils to whom one or more of the definitions in Section 42238.01 apply and pupils redesignated as fluent English proficient. (b)The expenditures identified in subdivision (a) shall be classified using the California School Accounting Manual pursuant to Section 41010. SEC. 4. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

(1) Existing law required, on or before July 1, 2014, the governing boards of school districts and county boards of education to adopt a local control and accountability plan using a template adopted by the State Board of Education. Existing law requires the governing board of each school district and each county board of education to update its local control and accountability plan before July 1 of each year. Existing law requires an update to include, among other things, a listing and description of the expenditures for the fiscal year, as specified. This bill would instead require that the annual update to a school district’s local control and accountability plan include a listing and description of the expenditures at the school district level and by schoolsite for the fiscal year, as specified. The bill would also require that the annual update to a county board of education’s local control and accountability plan include a listing and description of the expenditures at the county level and by schoolsite for the fiscal year, as specified. By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program. (2) (1) Existing law requires the governing board of each school district to establish standards of expected pupil achievement at each grade level in each area of study and to evaluate and assess certificated employee performance on a continuing basis as it reasonably relates to the progress of pupils toward the established standards and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments, the instructional techniques and strategies used by the employee, the employee’s adherence to curricular objectives, and the establishment and maintenance of a suitable learning environment, within the scope of the employee’s responsibilities. This bill would require the superintendent of a school district and a county superintendent of schools to make available to the public, and post on its Internet Web site, if it has one, specified information relating to the evaluation of teachers and principals. By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program. (3) (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 44664.5 is added to the Education Code, to read: 44664.5. (a) The superintendent of a school district shall make available to the public, and post on the Internet Web site of the school district, if it has one, all of the following: (1) An easily understandable explanation of how the evaluation of certificated teaching staff is conducted, including, but not limited to, all blank evaluation forms, all procedures to be used for the evaluation of certificated teachers contained in the current collective bargaining agreement, how evaluations include the progress of pupils toward the locally adopted standards of expected pupil achievement at each grade level in each area of study, and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments. (2) Whether or not the school district has adopted an evaluation system for school principals, and how it compares to the standards set forth in Sections 44670 and 44671. (b) A county superintendent of schools shall make available to the public, and post on the Internet Web site of the county office of education, if it has one, all of the following: (1) An easily understandable explanation of how the evaluation of certificated teaching staff is conducted, including, but not limited to, all blank evaluation forms, all procedures to be used for the evaluation of certificated teachers contained in the current collective bargaining agreement, how evaluations include the progress of pupils toward the locally adopted standards of expected pupil achievement at each grade level in each area of study, and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments. (2) Whether or not the county office of education has adopted an evaluation system for school principals, and how it compares to the standards set forth in Sections 44670 and 44671. SEC. 2. Section 52061 of the Education Code is amended to read: 52061. (a)On or before July 1, 2015, and each year thereafter, a school district shall update the local control and accountability plan. The annual update shall be developed using a template developed pursuant to Section 52064 and shall include all of the following: (1)A review of any changes in the applicability of the goals described in paragraph (1) of subdivision (c) of Section 52060. (2)A review of the progress toward the goals included in the existing local control and accountability plan, an assessment of the effectiveness of the specific actions described in the existing local control and accountability plan toward achieving the goals, and a description of changes to the specific actions the school district will make as a result of the review and assessment. (3)A listing and description of the expenditures at the school district level and by schoolsite for the fiscal year implementing the specific actions included in the local control and accountability plan and the changes to the specific actions made as a result of the reviews and assessment required by paragraphs (1) and (2). (4)A listing and description of expenditures at the school district level and by schoolsite for the fiscal year that will serve the pupils to whom one or more of the definitions in Section 42238.01 apply and pupils redesignated as fluent English proficient. (b)The expenditures identified in subdivision (a) shall be classified using the California School Accounting Manual pursuant to Section 41010. SEC. 3. Section 52067 of the Education Code is amended to read: 52067. (a)On or before July 1, 2015, and each year thereafter, a county board of education shall update the local control and accountability plan. The annual update shall be developed using a template developed pursuant to Section 52064 and shall include all of the following: (1)A review of any changes in the applicability of the goals described in paragraph (1) of subdivision (c) of Section 52066. (2)A review of the progress toward the goals included in the existing local control and accountability plan, an assessment of the effectiveness of the specific actions described in the existing local control and accountability plan toward achieving the goals, and a description of changes to the specific actions the county office of education will make as a result of the review and assessment. (3)A listing and description of the expenditures at the county level and by schoolsite for the fiscal year implementing the specific actions included in the local control and accountability plan as a result of the reviews and assessment required by paragraphs (1) and (2). (4)A listing and description of expenditures at the county level and by schoolsite for the fiscal year that will serve the pupils to whom one or more of the definitions in Section 42238.01 apply and pupils redesignated as fluent English proficient. (b)The expenditures identified in subdivision (a) shall be classified using the California School Accounting Manual pursuant to Section 41010. SEC. 4. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 41821.5 of the Public Resources Code is amended to read: 41821.5. (a) Disposal facility operators shall submit information on the disposal tonnages by jurisdiction or region of origin that are disposed of at each disposal facility to the department, and to counties that request the information, in a form prescribed by the department. To enable disposal facility operators to provide that information, solid waste handlers and transfer station operators shall provide information to disposal facility operators on the origin of the solid waste that they deliver to the disposal facility. (b) (1) Recycling and composting operations and facilities shall submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities, end users inside of the state or outside of the state, or exporters, brokers, or transporters for sale inside of the state or outside of the state. (2) Exporters, brokers, self-haulers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. The department shall develop regulations implementing this section that define “self-hauler” to include, at a minimum, a person or entity that generates and transports, utilizing its own employees and equipment, more than one cubic yard per week of its own food waste to a location or facility that is not owned and operated by that person or entity. (3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information. (c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following: (1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7. (2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016. (d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues. (e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues. (f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article. (g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entity’s geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises. (3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time. (4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976. (5) For purposes of this subdivision, “disposal” and “disposal facility” have the same meanings as prescribed by Sections 40120.1 and 40121, respectively. (6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015. (7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department. (h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department. (i) All records provided in accordance with this section shall be subject to Section 40062.

The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law requires exporters, brokers, and transporters of recyclables or compost to submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. This bill would additionally require a self-hauler to submit that information to the department and would require the department to develop regulations that define “self-hauler” to include specified persons and entities.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 41821.5 of the Public Resources Code is amended to read: 41821.5. (a) Disposal facility operators shall submit information on the disposal tonnages by jurisdiction or region of origin that are disposed of at each disposal facility to the department, and to counties that request the information, in a form prescribed by the department. To enable disposal facility operators to provide that information, solid waste handlers and transfer station operators shall provide information to disposal facility operators on the origin of the solid waste that they deliver to the disposal facility. (b) (1) Recycling and composting operations and facilities shall submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities, end users inside of the state or outside of the state, or exporters, brokers, or transporters for sale inside of the state or outside of the state. (2) Exporters, brokers, self-haulers, and transporters of recyclables or compost shall submit periodic information to the department on the types, quantities, and destinations of materials that are disposed of, sold, or transferred. The department shall develop regulations implementing this section that define “self-hauler” to include, at a minimum, a person or entity that generates and transports, utilizing its own employees and equipment, more than one cubic yard per week of its own food waste to a location or facility that is not owned and operated by that person or entity. (3) The information in the reports submitted pursuant to this subdivision may be provided to the department on an aggregated facility-wide basis and may exclude financial data, such as contract terms and conditions (including information on pricing, credit terms, volume discounts and other proprietary business terms), the jurisdiction of the origin of the materials, or information on the entities from which the materials are received. The department may provide this information to jurisdictions, aggregated by company, upon request. The aggregated information, other than that aggregated by company, is public information. (c) The department shall adopt regulations pursuant to this section requiring practices and procedures that are reasonable and necessary to implement this section, and that provide a representative accounting of solid wastes and recyclable materials that are handled, processed, or disposed. Those regulations approved by the department shall not impose an unreasonable burden on waste and recycling handling, processing, or disposal operations or otherwise interfere with the safe handling, processing, and disposal of solid waste and recyclables. The department shall include in those regulations both of the following: (1) Procedures to ensure that an opportunity to comply is provided prior to initiation of enforcement authorized by Section 41821.7. (2) Factors to be considered in determining penalty amounts that are similar to those provided in Section 45016. (d) Any person who refuses or fails to submit information required by regulations adopted pursuant to this section is liable for a civil penalty of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues. (e) Any person who knowingly or willfully files a false report, or any person who refuses to permit the department or any of its representatives to make inspection or examination of records, or who fails to keep any records for the inspection of the department, or who alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by regulations adopted pursuant to this section, is liable for a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation of a separate provision or, for continuing violations, for each day that the violation continues. (f) Liability under this section may be imposed in a civil action, or liability may be imposed administratively pursuant to this article. (g) (1) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, all records that the facility or operator is reasonably required to keep to allow the department to verify information in, or verification of, the reports required pursuant to subdivisions (a) and (b) and implementing regulations shall be subject to inspection and copying by the department, but shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (2) Notwithstanding Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code and Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, an employee of a government entity may, at the disposal facility, inspect and copy records related to tonnage received at the facility on or after July 1, 2015, and originating within the government entity’s geographic jurisdiction. Those records shall be limited to weight tags that identify the hauler, vehicle, quantity, date, type, and origin of waste received at a disposal facility. Those records shall be available to those government entities for the purposes of subdivision (a) and as necessary to enforce the collection of local fees, but those records shall be confidential and shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Names of haulers using specific landfills shall not be disclosed by a government entity unless necessary as part of an administrative or judicial enforcement proceeding to fund local programs or enforce local franchises. (3) A government entity may petition the superior court for injunctive or declaratory relief to enforce its authority under paragraph (2). The times for responsive pleadings and hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time. (4) For purposes of this section, a government entity is an entity identified in Section 40145 or an entity formed pursuant to Section 40976. (5) For purposes of this subdivision, “disposal” and “disposal facility” have the same meanings as prescribed by Sections 40120.1 and 40121, respectively. (6) Nothing in this subdivision shall be construed to limit or expand the authority of a government entity that may have been provided by this section and implementing regulations as they read on December 31, 2015. (7) The records subject to inspection and copying by the department pursuant to paragraph (1) or by an employee of a government entity pursuant to paragraph (2) may be redacted by the operator before inspection to exclude confidential pricing information contained in the records, such as contract terms and conditions (including information on pricing, credit terms, volume discounts, and other proprietary business terms), if the redacted information is not information that is otherwise required to be reported to the department. (h) Notwithstanding the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), reports required by this section shall be submitted electronically, using an electronic reporting format system established by the department. (i) All records provided in accordance with this section shall be subject to Section 40062. ### 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 17204 of the Business and Professions Code is amended to read: 17204. Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys Actions for relief pursuant to this chapter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General or a district attorney or by a county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or by a city attorney of a city having a population in excess of 750,000, 250,000, or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association, or by a person who has suffered injury in fact and has lost money or property as a result of the unfair competition. SEC. 2. Section 17206 of the Business and Professions Code is amended to read: 17206. Civil Penalty for Violation of Chapter (a) Any person who engages, has engaged, or proposes to engage in unfair competition shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, by any county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, by any city attorney of a city having a population in excess of 750,000, 250,000, by any city attorney of any city and county, or, with the consent of the district attorney, by a city prosecutor in any city having a full-time city prosecutor, in any court of competent jurisdiction. (b) The court shall impose a civil penalty for each violation of this chapter. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. (c) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If the action is brought by a district attorney or county counsel, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. Except as provided in subdivision (e), if the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered. The aforementioned funds shall be for the exclusive use by the Attorney General, the district attorney, the county counsel, and the city attorney for the enforcement of consumer protection laws. (d) The Unfair Competition Law Fund is hereby created as a special account within the General Fund in the State Treasury. The portion of penalties that is payable to the General Fund or to the Treasurer recovered by the Attorney General from an action or settlement of a claim made by the Attorney General pursuant to this chapter or Chapter 1 (commencing with Section 17500) of Part 3 shall be deposited into this fund. Moneys in this fund, upon appropriation by the Legislature, shall be used by the Attorney General to support investigations and prosecutions of California’s consumer protection laws, including implementation of judgments obtained from such prosecutions or investigations and other activities which are in furtherance of this chapter or Chapter 1 (commencing with Section 17500) of Part 3. Notwithstanding Section 13340 of the Government Code, any civil penalties deposited in the fund pursuant to the National Mortgage Settlement, as provided in Section 12531 of the Government Code, are continuously appropriated to the Department of Justice for the purpose of offsetting General Fund costs incurred by the Department of Justice. (e) If the action is brought at the request of a board within the Department of Consumer Affairs or a local consumer affairs agency, the court shall determine the reasonable expenses incurred by the board or local agency in the investigation and prosecution of the action. Before any penalty collected is paid out pursuant to subdivision (c), the amount of any reasonable expenses incurred by the board shall be paid to the Treasurer for deposit in the special fund of the board described in Section 205. If the board has no such special fund, the moneys shall be paid to the Treasurer. The amount of any reasonable expenses incurred by a local consumer affairs agency shall be paid to the general fund of the municipality or county that funds the local agency. (f) If the action is brought by a city attorney of a city and county, the entire amount of the penalty collected shall be paid to the treasurer of the city and county in which the judgment was entered for the exclusive use by the city attorney for the enforcement of consumer protection laws. However, if the action is brought by a city attorney of a city and county for the purposes of civil enforcement pursuant to Section 17980 of the Health and Safety Code or Article 3 (commencing with Section 11570) of Chapter 10 of Division 10 of the Health and Safety Code, either the penalty collected shall be paid entirely to the treasurer of the city and county in which the judgment was entered or, upon the request of the city attorney, the court may order that up to one-half of the penalty, under court supervision and approval, be paid for the purpose of restoring, maintaining, or enhancing the premises that were the subject of the action, and that the balance of the penalty be paid to the treasurer of the city and county. SECTION 1. Section 66499.7 of the Government Code is amended to read: 66499.7. The security furnished by the subdivider shall be released in whole or in part in the following manner: (a)Security given for faithful performance of any act or agreement shall be released upon the performance of the act or final completion and acceptance of the required work. The legislative body may provide for the partial release of the security upon the partial performance of the act or the acceptance of the work as it progresses, consistent with the provisions of this section. The security may be a surety bond, a cash deposit, a letter of credit, escrow account, or other form of performance guarantee required as security by the legislative body that meets the requirements as acceptable security pursuant to law. If the security furnished by the subdivider is a documentary evidence of security such as a surety bond or a letter of credit, the legislative body shall release the documentary evidence and return the original to the issuer upon performance of the act or final completion and acceptance of the required work. In the event that the legislative body is unable to return the original documentary evidence to the issuer, the security shall be released by written notice sent by certified mail to the subdivider and issuer of the documentary evidence within 30 days of the acceptance of the work. The written notice shall contain a statement that the work for which the security was furnished has been performed or completed and accepted by the legislative body, a description of the project subject to the documentary evidence and the notarized signature of the authorized representative of the legislative body. (b)At the time that the subdivider believes that the obligation to perform the work for which security was required is complete, the subdivider may notify the local agency in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the local agency shall have 45 days to review and comment or approve the completion of the required work. If the local agency does not agree that all work has been completed in accordance with the plans and specifications for the improvements, it shall supply a list of all remaining work to be completed. (c)Within 45 days of receipt of the list of remaining work from the local agency, the subdivider may then provide cost estimates for all remaining work for review and approval by the local agency. Upon receipt of the cost estimates, the local agency shall then have 45 days to review, comment, and approve, modify, or disapprove those cost estimates. No local agency shall be required to engage in this process of partial release more than once between the start of work and completion and acceptance of all work; however, nothing in this section prohibits a local agency from allowing for a partial release as it otherwise deems appropriate. (d)If the local agency approves the cost estimate, the local agency shall release all performance security except for security in an amount up to 200 percent of the cost estimate of the remaining work. The process allowing for a partial release of performance security shall occur when the cost estimate of the remaining work does not exceed 20 percent of the total original performance security unless the local agency allows for a release at an earlier time. Substitute bonds or other security may be used as a replacement for the performance security, subject to the approval of the local agency. If substitute bonds or other security is used as a replacement for the performance security released, the release shall not be effective unless and until the local agency receives and approves that form of replacement security. A reduction in the performance security, authorized under this section, is not, and shall not be deemed to be, an acceptance by the local agency of the completed improvements, and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibility of the subdivider until all required public improvements have been accepted by the local agency and all other required improvements have been fully completed in accordance with the plans and specifications for the improvements. (e)The subdivider shall complete the works of improvement until all remaining items are accepted by the local agency. (f)Upon the completion of the improvements, the subdivider, or his or her assigns, shall be notified in writing by the local agency within 45 days. (g)Within 45 days of the issuance of the notification by the local agency, the release of any remaining performance security shall be placed upon the agenda of the legislative body of the local agency for approval of the release of any remaining performance security. If the local agency delegates authority for the release of performance security to a public official or other employee, any remaining performance security shall be released within 60 days of the issuance of the written statement of completion. (h)Security securing the payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, after passage of the time within which claims of lien are required to be recorded pursuant to Article 2 (commencing with Section 8410) of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code and after acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the legislative body, and if no claims have been recorded, the security shall be released in full. (i)The release shall not apply to any required guarantee and warranty period required by Section 66499.9 for the guarantee or warranty nor to the amount of the security deemed necessary by the local agency for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorney’s fees. (j)The legislative body may authorize any of its public officers or employees to authorize release or reduction of the security in accordance with the conditions hereinabove set forth and in accordance with any rules that it may prescribe. 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 defines unfair competition to include an unlawful, unfair, or fraudulent business act or practice, unfair, deceptive, untrue, or misleading advertising, and any false representations to the public. Existing law, as amended by Proposition 64 at the November 2, 2004, statewide general election, authorizes an action for relief from this prohibited conduct to be brought by, among others, a person who has suffered injury in fact and has lost money or property as a result of the unfair competition. Existing law also authorizes an action for relief from this prohibited conduct and for civil penalties to be brought by a city attorney of a city having a population in excess of 750,000. This bill would expand this authorization to allow actions for relief and civil penalties by city attorneys of cities having a population in excess of 250,000, as provided. The Subdivision Map Act and local ordinances authorize or require, under specified circumstances, the furnishing of specified types of security with respect to the performance of various acts or agreements subject to the act. Existing law, until January 1, 2016, also sets forth the specific procedures imposed on a local agency for the complete or partial release of a performance security furnished by a subdivider. This bill would delete the repeal of the provisions relating to the procedures for releasing a performance security, thereby extending the operation of these provisions indefinitely and imposing 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 17204 of the Business and Professions Code is amended to read: 17204. Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys Actions for relief pursuant to this chapter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General or a district attorney or by a county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or by a city attorney of a city having a population in excess of 750,000, 250,000, or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association, or by a person who has suffered injury in fact and has lost money or property as a result of the unfair competition. SEC. 2. Section 17206 of the Business and Professions Code is amended to read: 17206. Civil Penalty for Violation of Chapter (a) Any person who engages, has engaged, or proposes to engage in unfair competition shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, by any county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, by any city attorney of a city having a population in excess of 750,000, 250,000, by any city attorney of any city and county, or, with the consent of the district attorney, by a city prosecutor in any city having a full-time city prosecutor, in any court of competent jurisdiction. (b) The court shall impose a civil penalty for each violation of this chapter. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. (c) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If the action is brought by a district attorney or county counsel, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. Except as provided in subdivision (e), if the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered. The aforementioned funds shall be for the exclusive use by the Attorney General, the district attorney, the county counsel, and the city attorney for the enforcement of consumer protection laws. (d) The Unfair Competition Law Fund is hereby created as a special account within the General Fund in the State Treasury. The portion of penalties that is payable to the General Fund or to the Treasurer recovered by the Attorney General from an action or settlement of a claim made by the Attorney General pursuant to this chapter or Chapter 1 (commencing with Section 17500) of Part 3 shall be deposited into this fund. Moneys in this fund, upon appropriation by the Legislature, shall be used by the Attorney General to support investigations and prosecutions of California’s consumer protection laws, including implementation of judgments obtained from such prosecutions or investigations and other activities which are in furtherance of this chapter or Chapter 1 (commencing with Section 17500) of Part 3. Notwithstanding Section 13340 of the Government Code, any civil penalties deposited in the fund pursuant to the National Mortgage Settlement, as provided in Section 12531 of the Government Code, are continuously appropriated to the Department of Justice for the purpose of offsetting General Fund costs incurred by the Department of Justice. (e) If the action is brought at the request of a board within the Department of Consumer Affairs or a local consumer affairs agency, the court shall determine the reasonable expenses incurred by the board or local agency in the investigation and prosecution of the action. Before any penalty collected is paid out pursuant to subdivision (c), the amount of any reasonable expenses incurred by the board shall be paid to the Treasurer for deposit in the special fund of the board described in Section 205. If the board has no such special fund, the moneys shall be paid to the Treasurer. The amount of any reasonable expenses incurred by a local consumer affairs agency shall be paid to the general fund of the municipality or county that funds the local agency. (f) If the action is brought by a city attorney of a city and county, the entire amount of the penalty collected shall be paid to the treasurer of the city and county in which the judgment was entered for the exclusive use by the city attorney for the enforcement of consumer protection laws. However, if the action is brought by a city attorney of a city and county for the purposes of civil enforcement pursuant to Section 17980 of the Health and Safety Code or Article 3 (commencing with Section 11570) of Chapter 10 of Division 10 of the Health and Safety Code, either the penalty collected shall be paid entirely to the treasurer of the city and county in which the judgment was entered or, upon the request of the city attorney, the court may order that up to one-half of the penalty, under court supervision and approval, be paid for the purpose of restoring, maintaining, or enhancing the premises that were the subject of the action, and that the balance of the penalty be paid to the treasurer of the city and county. SECTION 1. Section 66499.7 of the Government Code is amended to read: 66499.7. The security furnished by the subdivider shall be released in whole or in part in the following manner: (a)Security given for faithful performance of any act or agreement shall be released upon the performance of the act or final completion and acceptance of the required work. The legislative body may provide for the partial release of the security upon the partial performance of the act or the acceptance of the work as it progresses, consistent with the provisions of this section. The security may be a surety bond, a cash deposit, a letter of credit, escrow account, or other form of performance guarantee required as security by the legislative body that meets the requirements as acceptable security pursuant to law. If the security furnished by the subdivider is a documentary evidence of security such as a surety bond or a letter of credit, the legislative body shall release the documentary evidence and return the original to the issuer upon performance of the act or final completion and acceptance of the required work. In the event that the legislative body is unable to return the original documentary evidence to the issuer, the security shall be released by written notice sent by certified mail to the subdivider and issuer of the documentary evidence within 30 days of the acceptance of the work. The written notice shall contain a statement that the work for which the security was furnished has been performed or completed and accepted by the legislative body, a description of the project subject to the documentary evidence and the notarized signature of the authorized representative of the legislative body. (b)At the time that the subdivider believes that the obligation to perform the work for which security was required is complete, the subdivider may notify the local agency in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the local agency shall have 45 days to review and comment or approve the completion of the required work. If the local agency does not agree that all work has been completed in accordance with the plans and specifications for the improvements, it shall supply a list of all remaining work to be completed. (c)Within 45 days of receipt of the list of remaining work from the local agency, the subdivider may then provide cost estimates for all remaining work for review and approval by the local agency. Upon receipt of the cost estimates, the local agency shall then have 45 days to review, comment, and approve, modify, or disapprove those cost estimates. No local agency shall be required to engage in this process of partial release more than once between the start of work and completion and acceptance of all work; however, nothing in this section prohibits a local agency from allowing for a partial release as it otherwise deems appropriate. (d)If the local agency approves the cost estimate, the local agency shall release all performance security except for security in an amount up to 200 percent of the cost estimate of the remaining work. The process allowing for a partial release of performance security shall occur when the cost estimate of the remaining work does not exceed 20 percent of the total original performance security unless the local agency allows for a release at an earlier time. Substitute bonds or other security may be used as a replacement for the performance security, subject to the approval of the local agency. If substitute bonds or other security is used as a replacement for the performance security released, the release shall not be effective unless and until the local agency receives and approves that form of replacement security. A reduction in the performance security, authorized under this section, is not, and shall not be deemed to be, an acceptance by the local agency of the completed improvements, and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibility of the subdivider until all required public improvements have been accepted by the local agency and all other required improvements have been fully completed in accordance with the plans and specifications for the improvements. (e)The subdivider shall complete the works of improvement until all remaining items are accepted by the local agency. (f)Upon the completion of the improvements, the subdivider, or his or her assigns, shall be notified in writing by the local agency within 45 days. (g)Within 45 days of the issuance of the notification by the local agency, the release of any remaining performance security shall be placed upon the agenda of the legislative body of the local agency for approval of the release of any remaining performance security. If the local agency delegates authority for the release of performance security to a public official or other employee, any remaining performance security shall be released within 60 days of the issuance of the written statement of completion. (h)Security securing the payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, after passage of the time within which claims of lien are required to be recorded pursuant to Article 2 (commencing with Section 8410) of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code and after acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the legislative body, and if no claims have been recorded, the security shall be released in full. (i)The release shall not apply to any required guarantee and warranty period required by Section 66499.9 for the guarantee or warranty nor to the amount of the security deemed necessary by the local agency for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorney’s fees. (j)The legislative body may authorize any of its public officers or employees to authorize release or reduction of the security in accordance with the conditions hereinabove set forth and in accordance with any rules that it may prescribe. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 17550.15 of the Business and Professions Code is amended to read: 17550.15. (a) This section applies to a seller of travel as defined in Section 17550.1. (b) The seller of travel shall deposit directly into a trust account in a federally insured bank, savings and loan association, or credit union 100 percent of all sums received from any person or entity, including, but not limited to, those payments made in cash, by credit card, or any other method of payment, for air or sea transportation for any person, or for any travel services offered by the seller of travel, and any refunds made by carriers or providers of travel services. This subdivision does not require that a seller of travel establish a separate trust account for each transaction. (c) The seller of travel shall not in any manner encumber the corpus of the trust account and shall not withdraw money therefrom except as follows: (1) In partial or full payment to the carrier for transportation, or to the provider of travel services, for the services or transportation purchased by the passenger. (2) In partial or full payment to the carrier or provider of travel services if payment is made by wire transfer directly to an account of the Airlines Reporting Corporation, or by check or draft paid to the Airlines Reporting Corporation for the transportation or services contracted for by the passenger. (3) Upon delivery of all tickets or vouchers necessary for the passenger to obtain from the carrier or provider of travel services the transportation or services purchased by the passenger, at which time the seller of travel may withdraw the portion of the sum paid by the passenger that is due the seller of travel as compensation for sale of the transportation or travel services to that passenger. Tickets or vouchers shall be deemed delivered if personally delivered, turned over to an independent third-party delivery service for regular delivery to the passenger at the address designated by the passenger on the next business day, or deposited in the United States mail with first-class postage prepaid. (4) Upon full payment to the provider of transportation or travel services, directly to the trust account identified in the registration of another seller of travel to whom the funds are paid, or to another registered seller of travel whose registration states that the other registered seller of travel is exempt pursuant to subdivision (b) or (c) of Section 17550.16 from the requirements of this section, of the total amount that is required by the carrier or provider of transportation or travel services or other registered seller of travel in order to provide the transportation or services purchased by the passenger, at which time the seller of travel may withdraw from the trust account that portion of the sum paid by the passenger which is commission due the seller of travel for sale of the transportation or travel services to that passenger. (5) To make refunds to the passenger. (d) Subdivision (c) shall not prevent payment of the interest earned on the trust account to the seller of travel. (e) The seller of travel shall serve as trustee of the trust accounts required by this article. If an individual person is the seller of travel, the individual person shall be the trustee; if the seller of travel is a corporation, partnership, limited liability company, or other legal entity, a managing partner or partners, or the chief executive officer of the corporation, or executive officer or manager of a limited liability company shall be the trustee. The trustee may designate in writing that an officer or employee may manage the trust account if that officer or employee is under the trustee’s supervision and control, and the original of that writing is on file with the Attorney General’s office. (f) (1) Except as otherwise provided in this section, all trust accounts required by this article shall be maintained at a branch of a federally insured bank, savings and loan association, or credit union. (2) The seller of travel shall file with the Attorney General an irrevocable agreement in writing allowing the Attorney General, a district attorney, or their representatives, upon written request, to examine and obtain copies of all business records, including, but not limited to, those related to the trust account wherever those records may be, and including, but not limited to, those records relating to any travel business account, or any account used for any travel business transaction, or account to which trust funds have been deposited. The statement shall indicate that the authorization remains in effect as long as the seller of travel, financial institution, or other custodian of records retains records. (3) A seller of travel shall maintain all business records described in paragraph (2) for a minimum period of three years. (4) The Attorney General may maintain an action for recovery of examination costs and expenses in any court of competent jurisdiction, and may recover his or her reasonable costs and attorney’s fees as an item of costs, as provided for in paragraph (10) of subdivision (a) and paragraph (5) of subdivision (c) of Section 1033.5 of the Code of Civil Procedure. Costs and expenses for an examination under this section shall be paid for by the seller of travel if the Attorney General bills the seller of travel for those costs and expenses, provided that the examination shows that the seller of travel has failed to comply with any requirements of this chapter. (g) Every seller of travel has a fiduciary responsibility with respect to all sums received for transportation or travel services. (h) The following are deemed to be held in trust for passengers: (1) All sums received by the seller of travel for transportation or travel services whether or not required to be deposited in an actual trust account and regardless of whether any of these sums were required to be deposited or actually were deposited in a trust account. (2) All property with which any of the sums described in paragraph (1) has been commingled if any of these sums cannot be identified because of the commingling. (i) Upon any judicially ordered distribution of any money or property required to be held in trust and after all expenses of distribution approved by the court have been paid, every passenger has a claim on the trust for payments made for transportation and other travel services not provided. Unless a passenger can identify his or her funds in the trust within the time established by the court, each passenger shall receive a proportional share based on the amount paid. (j) The seller of travel is not required to comply with the direct deposit requirement set forth in subdivision (b) if all of the following apply: (1) The payment is made by credit card. (2) The seller of travel does not deposit, negotiate, or factor the credit card charge or otherwise seek or obtain payment of the credit card charge or the crediting of the amount of the credit card charge to any account over which the seller of travel has any control. (3) (A) If the charge includes transportation, the carrier that is to provide the transportation processes the credit card charge. (B) If the charge is only for services, the provider of services processes the credit card charge. (k) In lieu of the trust account required by this article, an adequate bond as set forth in Section 17550.11 may be maintained by the seller of travel. Prior to the advertisement of transportation or services, or both, by the seller of travel, the seller of travel shall file a copy of that bond with the Attorney General. SEC. 2. Section 17550.44 of the Business and Professions Code is amended to read: 17550.44. (a) In addition to the assessments required by Section 17550.43, the Travel Consumer Restitution Corporation shall bill and collect from each participant an annual assessment that in the aggregate shall consist of assessments for the operations fund and the restitution fund. For each participant, the due date of that annual assessment shall be 30 days prior to the annual renewal date for registration pursuant to Section 17550.20 or 45 days after billing, whichever is later. For a participant registering for the first time, the assessments required by Section 17550.43 shall be due 10 days prior to the seller of travel doing business in this state. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the due date specified in this section until the assessment is paid. (b) The annual assessment for the operations fund shall be determined no later than January 15 of each year for the next fiscal year in an amount that does not exceed the amount necessary to fund the operations and administration of the corporation, based upon the annual operational budget required by subdivision (a) of Section 17550.43, and shall become effective immediately. The annual assessment for the operations fund shall not exceed thirty-five dollars ($35) per year for each location in the state from which a participant does business. (c) If, as of January 15 of any year, the balance in the restitution fund is less than one million six hundred thousand dollars ($1,600,000), the Travel Consumer Restitution Corporation shall make an assessment of participants, up to a maximum amount of two hundred dollars ($200) for each location in the state from which a participant does business, to bring the restitution fund to an expected balance of one million six hundred thousand dollars ($1,600,000). Every participant’s assessment shall be determined pro rata based upon the ratio of the number of locations in the state from which the participant does business to the total number of locations for all participants as of the preceding December 15. (d) If, on May 1 or October 15 of any year, the balance in the restitution fund is less than nine hundred thousand dollars ($900,000), the corporation shall make an emergency assessment of participants, not more than twice per year, up to a maximum amount of one hundred fifty dollars ($150) per year for each location in the state from which the participant does business, for deposit in the trust account to return the level of the restitution fund to an expected balance of one million six hundred thousand dollars ($1,600,000). The corporation shall estimate the total cost of billing, collecting, and processing the emergency restitution fund assessment and shall assess and collect, together with the emergency restitution fund assessment, an emergency operations fund assessment that is in the aggregate sufficient to offset the estimated cost. Each participant’s assessments shall be determined pro rata based upon the ratio of the number of locations in the state from which the participant does business to the total number of locations for all participants as of the first day of the preceding month. The board of directors shall adopt rules for the notification of emergency assessments. (e) In addition to the assessments required by Section 17550.43 and subdivision (d), if at any time during the fiscal year the board of directors of the Travel Consumer Restitution Corporation determines that the operations fund will be insufficient to pay the costs of operations and administration for the current or next fiscal year, the corporation, as determined by the board of directors, shall do either or both of the following: (1) Make an emergency assessment of participants, not more than once per fiscal year, up to a maximum amount of sixty-five dollars ($65) per year for each location in the state from which a participant does business. The emergency assessment may be billed and collected either on an emergency basis from all participants upon the making of the assessment, or in conjunction with each participant’s annual assessment pursuant to subdivision (a). (2) Transfer any or all interest earned on the Restitution Fund to the Operations Fund, provided that no transfer results in a restitution fund balance of less than one million two hundred thousand dollars ($1,200,000). (f) The assessment required by subdivision (d) or (e) shall be due 45 days from the date the bill for that assessment is sent to the seller of travel by the Travel Consumer Restitution Corporation. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the due date specified in this section until the assessment is paid. (g) The Travel Consumer Restitution Fund shall report to the office of the Attorney General each levy of assessment within 10 business days after the levy.

Existing law regulates sellers of travel, as defined, and requires their registration with the Attorney General. Existing law requires a seller of travel to deposit all sums received from any person or entity for air or sea transportation, or for any travel services offered by the seller of travel, and any refunds made by carries or providers of travel services, into a trust account, as specified. Existing law requires the seller of travel to file with the Attorney General an agreement allowing the Attorney General, a district attorney, or their representative to examine and obtain copies of all business records, including, but not limited to, those related to the trust account. This bill would require the seller of travel to maintain all business records for a minimum period of 3 years. The bill would authorize the Attorney General to maintain an action for recovery of examination costs and expenses in any court of competent jurisdiction, as specified. The bill would require the seller of travel to pay for costs and expenses for any examination if the Attorney General bills the seller of travel, provided that the examination shows that the seller of travel has failed to comply with certain requirements. Existing law creates the Travel Consumer Restitution Corporation, which assesses each registered seller of travel for both its operations and restitution funds. Existing law requires certain assessments to be due 45 days from the date the bill for that assessment is mailed. This bill would instead require those assessments to be due 45 days from the date the bill for that assessment is sent to the seller of travel.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 17550.15 of the Business and Professions Code is amended to read: 17550.15. (a) This section applies to a seller of travel as defined in Section 17550.1. (b) The seller of travel shall deposit directly into a trust account in a federally insured bank, savings and loan association, or credit union 100 percent of all sums received from any person or entity, including, but not limited to, those payments made in cash, by credit card, or any other method of payment, for air or sea transportation for any person, or for any travel services offered by the seller of travel, and any refunds made by carriers or providers of travel services. This subdivision does not require that a seller of travel establish a separate trust account for each transaction. (c) The seller of travel shall not in any manner encumber the corpus of the trust account and shall not withdraw money therefrom except as follows: (1) In partial or full payment to the carrier for transportation, or to the provider of travel services, for the services or transportation purchased by the passenger. (2) In partial or full payment to the carrier or provider of travel services if payment is made by wire transfer directly to an account of the Airlines Reporting Corporation, or by check or draft paid to the Airlines Reporting Corporation for the transportation or services contracted for by the passenger. (3) Upon delivery of all tickets or vouchers necessary for the passenger to obtain from the carrier or provider of travel services the transportation or services purchased by the passenger, at which time the seller of travel may withdraw the portion of the sum paid by the passenger that is due the seller of travel as compensation for sale of the transportation or travel services to that passenger. Tickets or vouchers shall be deemed delivered if personally delivered, turned over to an independent third-party delivery service for regular delivery to the passenger at the address designated by the passenger on the next business day, or deposited in the United States mail with first-class postage prepaid. (4) Upon full payment to the provider of transportation or travel services, directly to the trust account identified in the registration of another seller of travel to whom the funds are paid, or to another registered seller of travel whose registration states that the other registered seller of travel is exempt pursuant to subdivision (b) or (c) of Section 17550.16 from the requirements of this section, of the total amount that is required by the carrier or provider of transportation or travel services or other registered seller of travel in order to provide the transportation or services purchased by the passenger, at which time the seller of travel may withdraw from the trust account that portion of the sum paid by the passenger which is commission due the seller of travel for sale of the transportation or travel services to that passenger. (5) To make refunds to the passenger. (d) Subdivision (c) shall not prevent payment of the interest earned on the trust account to the seller of travel. (e) The seller of travel shall serve as trustee of the trust accounts required by this article. If an individual person is the seller of travel, the individual person shall be the trustee; if the seller of travel is a corporation, partnership, limited liability company, or other legal entity, a managing partner or partners, or the chief executive officer of the corporation, or executive officer or manager of a limited liability company shall be the trustee. The trustee may designate in writing that an officer or employee may manage the trust account if that officer or employee is under the trustee’s supervision and control, and the original of that writing is on file with the Attorney General’s office. (f) (1) Except as otherwise provided in this section, all trust accounts required by this article shall be maintained at a branch of a federally insured bank, savings and loan association, or credit union. (2) The seller of travel shall file with the Attorney General an irrevocable agreement in writing allowing the Attorney General, a district attorney, or their representatives, upon written request, to examine and obtain copies of all business records, including, but not limited to, those related to the trust account wherever those records may be, and including, but not limited to, those records relating to any travel business account, or any account used for any travel business transaction, or account to which trust funds have been deposited. The statement shall indicate that the authorization remains in effect as long as the seller of travel, financial institution, or other custodian of records retains records. (3) A seller of travel shall maintain all business records described in paragraph (2) for a minimum period of three years. (4) The Attorney General may maintain an action for recovery of examination costs and expenses in any court of competent jurisdiction, and may recover his or her reasonable costs and attorney’s fees as an item of costs, as provided for in paragraph (10) of subdivision (a) and paragraph (5) of subdivision (c) of Section 1033.5 of the Code of Civil Procedure. Costs and expenses for an examination under this section shall be paid for by the seller of travel if the Attorney General bills the seller of travel for those costs and expenses, provided that the examination shows that the seller of travel has failed to comply with any requirements of this chapter. (g) Every seller of travel has a fiduciary responsibility with respect to all sums received for transportation or travel services. (h) The following are deemed to be held in trust for passengers: (1) All sums received by the seller of travel for transportation or travel services whether or not required to be deposited in an actual trust account and regardless of whether any of these sums were required to be deposited or actually were deposited in a trust account. (2) All property with which any of the sums described in paragraph (1) has been commingled if any of these sums cannot be identified because of the commingling. (i) Upon any judicially ordered distribution of any money or property required to be held in trust and after all expenses of distribution approved by the court have been paid, every passenger has a claim on the trust for payments made for transportation and other travel services not provided. Unless a passenger can identify his or her funds in the trust within the time established by the court, each passenger shall receive a proportional share based on the amount paid. (j) The seller of travel is not required to comply with the direct deposit requirement set forth in subdivision (b) if all of the following apply: (1) The payment is made by credit card. (2) The seller of travel does not deposit, negotiate, or factor the credit card charge or otherwise seek or obtain payment of the credit card charge or the crediting of the amount of the credit card charge to any account over which the seller of travel has any control. (3) (A) If the charge includes transportation, the carrier that is to provide the transportation processes the credit card charge. (B) If the charge is only for services, the provider of services processes the credit card charge. (k) In lieu of the trust account required by this article, an adequate bond as set forth in Section 17550.11 may be maintained by the seller of travel. Prior to the advertisement of transportation or services, or both, by the seller of travel, the seller of travel shall file a copy of that bond with the Attorney General. SEC. 2. Section 17550.44 of the Business and Professions Code is amended to read: 17550.44. (a) In addition to the assessments required by Section 17550.43, the Travel Consumer Restitution Corporation shall bill and collect from each participant an annual assessment that in the aggregate shall consist of assessments for the operations fund and the restitution fund. For each participant, the due date of that annual assessment shall be 30 days prior to the annual renewal date for registration pursuant to Section 17550.20 or 45 days after billing, whichever is later. For a participant registering for the first time, the assessments required by Section 17550.43 shall be due 10 days prior to the seller of travel doing business in this state. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the due date specified in this section until the assessment is paid. (b) The annual assessment for the operations fund shall be determined no later than January 15 of each year for the next fiscal year in an amount that does not exceed the amount necessary to fund the operations and administration of the corporation, based upon the annual operational budget required by subdivision (a) of Section 17550.43, and shall become effective immediately. The annual assessment for the operations fund shall not exceed thirty-five dollars ($35) per year for each location in the state from which a participant does business. (c) If, as of January 15 of any year, the balance in the restitution fund is less than one million six hundred thousand dollars ($1,600,000), the Travel Consumer Restitution Corporation shall make an assessment of participants, up to a maximum amount of two hundred dollars ($200) for each location in the state from which a participant does business, to bring the restitution fund to an expected balance of one million six hundred thousand dollars ($1,600,000). Every participant’s assessment shall be determined pro rata based upon the ratio of the number of locations in the state from which the participant does business to the total number of locations for all participants as of the preceding December 15. (d) If, on May 1 or October 15 of any year, the balance in the restitution fund is less than nine hundred thousand dollars ($900,000), the corporation shall make an emergency assessment of participants, not more than twice per year, up to a maximum amount of one hundred fifty dollars ($150) per year for each location in the state from which the participant does business, for deposit in the trust account to return the level of the restitution fund to an expected balance of one million six hundred thousand dollars ($1,600,000). The corporation shall estimate the total cost of billing, collecting, and processing the emergency restitution fund assessment and shall assess and collect, together with the emergency restitution fund assessment, an emergency operations fund assessment that is in the aggregate sufficient to offset the estimated cost. Each participant’s assessments shall be determined pro rata based upon the ratio of the number of locations in the state from which the participant does business to the total number of locations for all participants as of the first day of the preceding month. The board of directors shall adopt rules for the notification of emergency assessments. (e) In addition to the assessments required by Section 17550.43 and subdivision (d), if at any time during the fiscal year the board of directors of the Travel Consumer Restitution Corporation determines that the operations fund will be insufficient to pay the costs of operations and administration for the current or next fiscal year, the corporation, as determined by the board of directors, shall do either or both of the following: (1) Make an emergency assessment of participants, not more than once per fiscal year, up to a maximum amount of sixty-five dollars ($65) per year for each location in the state from which a participant does business. The emergency assessment may be billed and collected either on an emergency basis from all participants upon the making of the assessment, or in conjunction with each participant’s annual assessment pursuant to subdivision (a). (2) Transfer any or all interest earned on the Restitution Fund to the Operations Fund, provided that no transfer results in a restitution fund balance of less than one million two hundred thousand dollars ($1,200,000). (f) The assessment required by subdivision (d) or (e) shall be due 45 days from the date the bill for that assessment is sent to the seller of travel by the Travel Consumer Restitution Corporation. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the due date specified in this section until the assessment is paid. (g) The Travel Consumer Restitution Fund shall report to the office of the Attorney General each levy of assessment within 10 business days after the levy. ### 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 398.1 of the Public Utilities Code is amended to read: 398.1. (a) The Legislature finds and declares that there is a need for reliable, accurate, timely, and consistent information regarding fuel sources for electric generation offered for retail sale in California. (b) The purpose of this article is to establish a program under which entities offering electric services in California disclose accurate, reliable, and simple to understand information on the sources of energy, and the associated emissions of greenhouse gases, that are used to provide electric services. SEC. 2. Section 398.2 of the Public Utilities Code is amended to read: 398.2. The definitions set forth in this section shall govern the construction of this article. (a) “Greenhouse gas emissions intensity” means the sum of all annual emissions of greenhouse gases associated with a generation source divided by the annual production of electricity from the generation source. (b) “Retail supplier” means an entity that offers an electricity product for sale to retail consumers in California, including an electrical corporation, local publicly owned electric utility, electric service provider, and community choice aggregator. (c) “System operator” means the Independent System Operator with responsibility for the efficient use and reliable operation of the transmission grid, as provided by Section 345, or a local publicly owned electric utility that does not utilize the Independent System Operator. (d) “Purchases of electricity from specified sources” or “purchases from specified sources” means electricity transactions that are traceable to specific generation sources by any auditable contract trail or equivalent, such as a tradable commodity system, that provides commercial verification that the electricity source claimed has been sold once and only once to a retail consumer. Retail suppliers may rely on annual data to determine whether a transaction meets this definition, rather than hour-by-hour matching of loads and resources. (e) “Electricity from unspecified sources” means electricity that is not traceable to specific generation sources by any auditable contract trail or equivalent, including a tradable commodity system, that provides commercial verification that the electricity source claimed has been sold once, and only once, to a retail consumer. SEC. 3. Section 398.4 of the Public Utilities Code is amended to read: 398.4. (a) Every retail supplier that makes an offering to sell electricity that is consumed in California shall disclose its electricity sources and the associated greenhouse gases emissions intensity for the previous calendar year. (b) The disclosures required by this section shall be made to potential end-use consumers in all product-specific written promotional materials that are distributed to consumers by either printed or electronic means, including the retail supplier’s Internet Web site, if one exists, except that advertisements and notices in general circulation media shall not be subject to this requirement. (c) The disclosures required by this section shall be made annually to end-use consumers of the offered electricity. The annual disclosure shall be made by the end of the first complete billing cycle for the third quarter of the year, and shall be consistent with information provided to the Energy Commission pursuant to Section 398.5. A retail supplier may distribute the disclosures required by this section via email to any end-use consumer that has consented to receive email in lieu of printed materials. (d) The disclosures required by this section shall be made separately for each portfolio offering made by the retail supplier. (e) On or before January 1, 1998, the Energy Commission shall specify guidelines for the format and means for disclosure required by Section 398.3 and this section, based on the requirements of this article and subject to public hearing. (f) The costs of making the disclosures required by this section shall be considered to be generation related. (g) The disclosures required by this section shall comply with the following: (1) A retail supplier’s disclosure of its electricity sources shall be expressed as a percentage of annual sales derived from each of the following categories: (A) Electricity from unspecified sources. (B) Purchases of electricity from specified sources. (2) A retail supplier’s disclosure of its electricity sources shall also separately identify total California system electricity, which is the sum of all in-state generation and net electricity imports by fuel type. (h) Each of the categories specified in subdivision (g) shall be additionally identified as a percentage of annual sales that is derived from the following fuels, sources of energy, or electricity products: (1) Coal. (2) Large hydroelectric (greater than 30 megawatts). (3) Natural gas. (4) Nuclear. (5) Eligible renewable energy resources pursuant to the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11)), including any of the following: (A) Biomass and biowaste. (B) Geothermal. (C) Eligible hydroelectric. (D) Solar. (E) Wind. (6) Other categories as determined by the Energy Commission. (7) The portion of annual sales derived from unbundled renewable energy credits shall be included in the disclosures in a format determined by the Energy Commission. A retail supplier may include additional information related to the sources of the unbundled renewable energy credits. (i) All electricity sources disclosed as purchases of electricity from specified sources shall meet the requirements of subdivision (d) of Section 398.2. (j) Purchases of electricity from specified sources identified pursuant to this section shall be from sources connected to the Western Electricity Coordinating Council interconnected grid. (k) (1) Each retail supplier shall disclose both the greenhouse gas emissions intensity of any electricity portfolio offered to its retail customers and the Energy Commission’s calculation of greenhouse gas emissions intensity associated with all statewide retail electricity sales, consistent with the requirements of this subdivision. (2) The Energy Commission shall do all of the following: (A) Adopt a methodology, in consultation with the State Air Resources Board, for the calculation of greenhouse gas emissions intensity for each purchase of electricity by a retail supplier to serve its retail customers. (B) Calculate the greenhouse gas emissions intensity associated with statewide retail electricity sales based on the greenhouse gas emissions for total California system electricity. (C) Rely on the most recent verified greenhouse gas emissions data while ensuring that greenhouse gas emissions intensity factors for electricity from specified and unspecified sources are available to retail suppliers with sufficient advance notice to permit timely reporting. (D) Establish guidelines for adjustments to a greenhouse gas emissions intensity factor for a reporting year for any local publicly owned electric utility demonstrating generation of quantities of electricity in previous years in excess of its total retail sales and wholesale sales from specified sources that do not emit any greenhouse gases. Adjustments authorized by the guidelines established by the Energy Commission shall not permit excess generation procured in a single year to be counted more than once or to be resold to another retail supplier as a specified source. (E) Ensure that there is no double-counting of the greenhouse gas emissions or emissions attributes associated with any unit of electricity production reported by a retail supplier for any specific generating facility or unspecified source located within the Western Electricity Coordinating Council when calculating greenhouse gas emissions intensity. (F) (i) On or before January 1, 2018, adopt guidelines, through an open process, subject to public comment, and adopted by a vote of the Energy Commission, for the reporting and disclosure of greenhouse gas emissions intensity associated with retail sales based on the requirements of this subdivision. Beginning June 1, 2020, retail suppliers shall be required to report data on greenhouse gas emissions intensity associated with retail sales occurring after December 31, 2018. (ii) Any new community choice aggregator formed after January 1, 2016, shall not be required to report data on greenhouse gas emissions intensity associated with retail sales until at least 24 months, but shall be required to report that data no later than 36 months, after serving its first retail customer. (3) Any marketing or retail product claims relating to the greenhouse gas emissions intensity of the electric supply portfolio of a retail supplier shall be consistent with the methodology adopted by the Energy Commission pursuant to this section. Retail suppliers may provide additional information to customers describing other actions relating to greenhouse gases that are unrelated to the electric supply portfolio. (l) The provisions of this section shall not apply to generators providing electric service onsite, under an over-the-fence transaction as described in Section 218, or to an affiliate or affiliates, as defined in subdivision (a) of Section 372. SEC. 4. Section 398.5 of the Public Utilities Code is amended to read: 398.5. (a) Retail suppliers shall annually report to the Energy Commission, for each electricity offering for the previous calendar year, each of the following: (1) The kilowatthours purchased, by generator and fuel type during the previous calendar year, consistent with the meter data, including losses, reported to the system operator. (2) The kilowatthours purchased from unspecified sources in California and from unspecified sources imported into California from other subregions within the Western Electricity Coordinating Council. (3) For each electricity offering, the kilowatthours sold at retail. (4) For each electricity offering, the disclosures made to consumers pursuant to Section 398.4. (b) Information submitted to the Energy Commission pursuant to this section that is a trade secret as defined in subdivision (d) of Section 3426.1 of the Civil Code shall not be released except in an aggregated form such that trade secrets cannot be discerned. (c) The Energy Commission shall specify guidelines and standard formats, based on the requirements of this article and subject to public hearing, for the submittal of information pursuant to this article. (d) In developing the rules and procedures specified in this section, the Energy Commission shall seek to minimize the reporting burden and cost of reporting that it imposes on retail suppliers. (e) The provisions of this section shall not apply to generators providing electric service onsite, under an over-the-fence transaction as described in Section 218, or to an affiliate or affiliates, as defined in subdivision (a) of Section 372. (f) The Energy Commission may verify environmental and procurement claims made by retail suppliers. 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.

Under existing law, entities offering electric services in California are required to disclose information on the sources of energy that are used to provide electric services. Existing law requires every retail supplier, as defined, that makes an offer to sell electricity that is consumed in California to disclose its electricity sources for the previous calendar year. These disclosures are required to be made to end-use consumers and potential end-use consumers. Existing law requires a retail supplier to disclose its electricity sources as a percentage of annual sales that is derived from specified sources of energy, including eligible renewable energy resources. Existing law requires that retail suppliers annually report to the State Energy Resources Conservation and Development Commission (Energy Commission) certain information for each electricity offering from “specified sources,” as defined, for the previous calendar year and authorizes the Energy Commission to verify environmental claims made by retail suppliers. This bill would, among other things, require the Energy Commission, in consultation with the State Air Resources Board, to adopt a methodology for the calculation of greenhouse gas emissions intensity for each purchase of electricity by a retail supplier to serve its retail customers. The bill would require a retail supplier, including an electrical corporation, local publicly owned electric utility, electric service provider, and community choice aggregator, to also disclose both the greenhouse gases emissions intensity of any electricity portfolio offered to its retail customers, as specified, and the Energy Commission’s calculation of the greenhouse gas emissions intensity associated with all statewide retail electricity sales. The bill would require a retail supplier to annually report to the Energy Commission certain additional information for each electricity offering for the previous calendar year and would authorize the Energy Commission to verify procurement claims, in addition to environmental claims, made by retail suppliers. The bill would require the Energy Commission, on or before January 1, 2018, to adopt guidelines, through an open process, subject to public comment, and adopted by a vote of the Energy Commission, for the reporting and disclosure of greenhouse gas emissions intensity. The bill would require retail suppliers, beginning June 1, 2020, to report data on greenhouse gas emissions intensity associated with retail sales occurring after December 31, 2018, except as provided. The Public Utilities Act makes any public utility and any corporation other than a public utility guilty of a crime, if the public utility or corporation violates the act or fails to comply with any part of any order, decision, rule, direction, demand, or requirement of the commission. Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements by an electrical corporation or electric service provider would be a crime, the bill would impose a state-mandated local program by expanding what is a crime. By placing additional reporting duties upon local publicly owned electric utilities, 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 specified reasons.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 398.1 of the Public Utilities Code is amended to read: 398.1. (a) The Legislature finds and declares that there is a need for reliable, accurate, timely, and consistent information regarding fuel sources for electric generation offered for retail sale in California. (b) The purpose of this article is to establish a program under which entities offering electric services in California disclose accurate, reliable, and simple to understand information on the sources of energy, and the associated emissions of greenhouse gases, that are used to provide electric services. SEC. 2. Section 398.2 of the Public Utilities Code is amended to read: 398.2. The definitions set forth in this section shall govern the construction of this article. (a) “Greenhouse gas emissions intensity” means the sum of all annual emissions of greenhouse gases associated with a generation source divided by the annual production of electricity from the generation source. (b) “Retail supplier” means an entity that offers an electricity product for sale to retail consumers in California, including an electrical corporation, local publicly owned electric utility, electric service provider, and community choice aggregator. (c) “System operator” means the Independent System Operator with responsibility for the efficient use and reliable operation of the transmission grid, as provided by Section 345, or a local publicly owned electric utility that does not utilize the Independent System Operator. (d) “Purchases of electricity from specified sources” or “purchases from specified sources” means electricity transactions that are traceable to specific generation sources by any auditable contract trail or equivalent, such as a tradable commodity system, that provides commercial verification that the electricity source claimed has been sold once and only once to a retail consumer. Retail suppliers may rely on annual data to determine whether a transaction meets this definition, rather than hour-by-hour matching of loads and resources. (e) “Electricity from unspecified sources” means electricity that is not traceable to specific generation sources by any auditable contract trail or equivalent, including a tradable commodity system, that provides commercial verification that the electricity source claimed has been sold once, and only once, to a retail consumer. SEC. 3. Section 398.4 of the Public Utilities Code is amended to read: 398.4. (a) Every retail supplier that makes an offering to sell electricity that is consumed in California shall disclose its electricity sources and the associated greenhouse gases emissions intensity for the previous calendar year. (b) The disclosures required by this section shall be made to potential end-use consumers in all product-specific written promotional materials that are distributed to consumers by either printed or electronic means, including the retail supplier’s Internet Web site, if one exists, except that advertisements and notices in general circulation media shall not be subject to this requirement. (c) The disclosures required by this section shall be made annually to end-use consumers of the offered electricity. The annual disclosure shall be made by the end of the first complete billing cycle for the third quarter of the year, and shall be consistent with information provided to the Energy Commission pursuant to Section 398.5. A retail supplier may distribute the disclosures required by this section via email to any end-use consumer that has consented to receive email in lieu of printed materials. (d) The disclosures required by this section shall be made separately for each portfolio offering made by the retail supplier. (e) On or before January 1, 1998, the Energy Commission shall specify guidelines for the format and means for disclosure required by Section 398.3 and this section, based on the requirements of this article and subject to public hearing. (f) The costs of making the disclosures required by this section shall be considered to be generation related. (g) The disclosures required by this section shall comply with the following: (1) A retail supplier’s disclosure of its electricity sources shall be expressed as a percentage of annual sales derived from each of the following categories: (A) Electricity from unspecified sources. (B) Purchases of electricity from specified sources. (2) A retail supplier’s disclosure of its electricity sources shall also separately identify total California system electricity, which is the sum of all in-state generation and net electricity imports by fuel type. (h) Each of the categories specified in subdivision (g) shall be additionally identified as a percentage of annual sales that is derived from the following fuels, sources of energy, or electricity products: (1) Coal. (2) Large hydroelectric (greater than 30 megawatts). (3) Natural gas. (4) Nuclear. (5) Eligible renewable energy resources pursuant to the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11)), including any of the following: (A) Biomass and biowaste. (B) Geothermal. (C) Eligible hydroelectric. (D) Solar. (E) Wind. (6) Other categories as determined by the Energy Commission. (7) The portion of annual sales derived from unbundled renewable energy credits shall be included in the disclosures in a format determined by the Energy Commission. A retail supplier may include additional information related to the sources of the unbundled renewable energy credits. (i) All electricity sources disclosed as purchases of electricity from specified sources shall meet the requirements of subdivision (d) of Section 398.2. (j) Purchases of electricity from specified sources identified pursuant to this section shall be from sources connected to the Western Electricity Coordinating Council interconnected grid. (k) (1) Each retail supplier shall disclose both the greenhouse gas emissions intensity of any electricity portfolio offered to its retail customers and the Energy Commission’s calculation of greenhouse gas emissions intensity associated with all statewide retail electricity sales, consistent with the requirements of this subdivision. (2) The Energy Commission shall do all of the following: (A) Adopt a methodology, in consultation with the State Air Resources Board, for the calculation of greenhouse gas emissions intensity for each purchase of electricity by a retail supplier to serve its retail customers. (B) Calculate the greenhouse gas emissions intensity associated with statewide retail electricity sales based on the greenhouse gas emissions for total California system electricity. (C) Rely on the most recent verified greenhouse gas emissions data while ensuring that greenhouse gas emissions intensity factors for electricity from specified and unspecified sources are available to retail suppliers with sufficient advance notice to permit timely reporting. (D) Establish guidelines for adjustments to a greenhouse gas emissions intensity factor for a reporting year for any local publicly owned electric utility demonstrating generation of quantities of electricity in previous years in excess of its total retail sales and wholesale sales from specified sources that do not emit any greenhouse gases. Adjustments authorized by the guidelines established by the Energy Commission shall not permit excess generation procured in a single year to be counted more than once or to be resold to another retail supplier as a specified source. (E) Ensure that there is no double-counting of the greenhouse gas emissions or emissions attributes associated with any unit of electricity production reported by a retail supplier for any specific generating facility or unspecified source located within the Western Electricity Coordinating Council when calculating greenhouse gas emissions intensity. (F) (i) On or before January 1, 2018, adopt guidelines, through an open process, subject to public comment, and adopted by a vote of the Energy Commission, for the reporting and disclosure of greenhouse gas emissions intensity associated with retail sales based on the requirements of this subdivision. Beginning June 1, 2020, retail suppliers shall be required to report data on greenhouse gas emissions intensity associated with retail sales occurring after December 31, 2018. (ii) Any new community choice aggregator formed after January 1, 2016, shall not be required to report data on greenhouse gas emissions intensity associated with retail sales until at least 24 months, but shall be required to report that data no later than 36 months, after serving its first retail customer. (3) Any marketing or retail product claims relating to the greenhouse gas emissions intensity of the electric supply portfolio of a retail supplier shall be consistent with the methodology adopted by the Energy Commission pursuant to this section. Retail suppliers may provide additional information to customers describing other actions relating to greenhouse gases that are unrelated to the electric supply portfolio. (l) The provisions of this section shall not apply to generators providing electric service onsite, under an over-the-fence transaction as described in Section 218, or to an affiliate or affiliates, as defined in subdivision (a) of Section 372. SEC. 4. Section 398.5 of the Public Utilities Code is amended to read: 398.5. (a) Retail suppliers shall annually report to the Energy Commission, for each electricity offering for the previous calendar year, each of the following: (1) The kilowatthours purchased, by generator and fuel type during the previous calendar year, consistent with the meter data, including losses, reported to the system operator. (2) The kilowatthours purchased from unspecified sources in California and from unspecified sources imported into California from other subregions within the Western Electricity Coordinating Council. (3) For each electricity offering, the kilowatthours sold at retail. (4) For each electricity offering, the disclosures made to consumers pursuant to Section 398.4. (b) Information submitted to the Energy Commission pursuant to this section that is a trade secret as defined in subdivision (d) of Section 3426.1 of the Civil Code shall not be released except in an aggregated form such that trade secrets cannot be discerned. (c) The Energy Commission shall specify guidelines and standard formats, based on the requirements of this article and subject to public hearing, for the submittal of information pursuant to this article. (d) In developing the rules and procedures specified in this section, the Energy Commission shall seek to minimize the reporting burden and cost of reporting that it imposes on retail suppliers. (e) The provisions of this section shall not apply to generators providing electric service onsite, under an over-the-fence transaction as described in Section 218, or to an affiliate or affiliates, as defined in subdivision (a) of Section 372. (f) The Energy Commission may verify environmental and procurement claims made by retail suppliers. 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 41976 of the Education Code is amended to read: 41976. (a) For purposes of this chapter, the following classes and courses are authorized to be offered by school districts and county superintendents of schools for apportionment purposes from the adult education fund: (1) Adult programs in parenting, including , but not necessarily limited to, parent cooperative preschools, and classes in child growth and development, parent-child relationships, and parenting , and family literacy education, which may include support to children and school aged youth with limited English proficiency backgrounds in the households of participating adults . (2) Adult programs in elementary and secondary basic skills and other courses and classes required for the high school diploma. Apportionments for these courses and classes may only be generated by students who do not possess a high school diploma, except for remedial academic courses or classes in reading, mathematics, and language arts. (3) Adult education programs in English as a second language. (4) Adult education programs for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job specific technical training. (5) Adult education programs for adults with disabilities. (6) Adult short-term career technical education programs with high employment potential. Any reference to “vocational” education or programs in adult education means “career technical” education or programs in adult education. (7) Adult programs for older adults. (8) Adult education programs for apprentices. (9) Adult programs in home economics. (10) Adult programs in health and safety education. (b) No state apportionment shall be made for any course or class which is not set forth in subdivision (a). SEC. 2. Section 84757 of the Education Code is amended to read: 84757. (a) For purposes of this chapter, the following noncredit courses and classes shall be eligible for funding: (1) Parenting, including , but not necessarily limited to, parent cooperative preschools, preschools and classes in child growth and development and development, parent-child relationships , and family literacy education, which may include support to children and school aged youth with limited English proficiency backgrounds in the households of participating adults . (2) Elementary and secondary basic skills and other courses and classes such as remedial academic courses or classes in reading, mathematics, and language arts. (3) English as a second language. (4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and work force preparation classes in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training. (5) Education programs for persons with substantial disabilities. (6) Short-term vocational programs with high employment potential. (7) Education programs for older adults. (8) Education programs for home economics. (9) Health and safety education. (b) No state apportionment shall be made for any course or class that is not set forth in subdivision (a) and for which no credit is given. SEC . 3. Section 84830 of the Education Code is amended to read: 84830. (a) The Chancellor of the California Community Colleges and the State Department of Education shall, pursuant to funding made available in the annual Budget Act, jointly provide two-year planning and implementation grants to regional consortia of community college districts and school districts for the purpose of developing regional plans to better serve the educational needs of adults. (1) Eligibility shall be limited to consortia consisting of at least one community college district and at least one school district within the boundaries of the community college district, either of which may serve as the consortium’s fiscal agent, as determined by the applicant consortium. (2) If a community college district chooses not to participate in a consortium, a neighboring community college district may form a consortium with school districts within the boundaries of the nonparticipating community college district. (3) Consortia may include other entities providing adult education courses, including, but not necessarily limited to, correctional facilities, other local public entities, and community-based organizations. (b) Grant funds provided pursuant to this section shall be used by each regional consortium to create and implement a plan to better provide adults in its region with all of the following: (1) Elementary and secondary basic skills, including classes required for a high school diploma or high school equivalency certificate. (2) Classes and courses for immigrants eligible for educational services in citizenship and English as a second language, and workforce preparation classes in basic skills. (3) Education programs for adults with disabilities. (4) Short-term career technical education programs with high employment potential. (5) Programs for apprentices. (6) Parenting education, including, but not necessarily limited to, parent cooperative preschools and classes in child growth and development and parent-child relationships, and family literacy education, which may include support to children and schoolaged youth with limited English proficiency backgrounds in the households of participating adults. (c) (1) The classes and courses described in paragraphs (1) and (2) of subdivision (b) shall distribute basic information on American government and civics that includes, but is not limited to, instruction on all of the following: (A) Federal, state, and local government. (B) The three branches of government. (C) The importance of civic engagement. (D) Registering to vote. (2) It is the intent of the Legislature that, consistent with the requirements of Sections 51225.3 and 52555, students enrolled in classes and courses described in paragraphs (1) and (2) of subdivision (b) in which instruction in American government and civics is appropriate shall receive instruction in American government and civics. (d) Each regional consortium’s plan shall include, at a minimum: (1) An evaluation of current levels and types of adult education programs within its region, including education for adults in correctional facilities; credit, noncredit, and enhanced noncredit adult education coursework; and programs funded through Title II of the federal Workforce Investment Act of 1998, known as the Adult Education and Family Literacy Act (Public Law 105-220). (2) An evaluation of current needs for adult education programs within its region. (3) Plans for parties that make up the consortium to integrate their existing programs and create seamless transitions into postsecondary education or the workforce. (4) Plans to address the gaps identified pursuant to paragraphs (1) and (2). (5) Plans to employ approaches proven to accelerate a student’s progress toward his or her academic or career goals, such as contextualized basic skills and career technical education, and other joint programming strategies between adult education and career technical education. (6) Plans to collaborate in the provision of ongoing professional development opportunities for faculty and other staff to help them achieve greater program integration and improve student outcomes. (7) Plans to leverage existing regional structures, including, but not necessarily limited to, local workforce investment areas. (e) The Chancellor of the California Community Colleges and the State Department of Education may identify additional elements that consortia must include in a plan. (f) (1) On or before March 1, 2014, the Chancellor of the California Community Colleges and the State Department of Education shall submit a joint report to the Legislature and the Governor. This report shall include, but not necessarily be limited to, both of the following: (A) The status of developing regional consortia across the state, including identification of unserved geographic areas or emerging gaps in regional program delivery. (B) The status and allocation of grant awards made to regional consortia. (2) The report shall be submitted to the Legislature as provided in Section 9795 of the Government Code. (g) (1) On or before March 1, 2015, the Chancellor of the California Community Colleges and the State Department of Education shall submit a joint report to the Legislature and the Governor. This report shall include, but is not limited to, both of the following: (A) The plans developed by regional consortia across the state. (B) Recommendations for additional improvements in the delivery system serving adult learners. (2) The report shall be submitted to the Legislature as provided in Section 9795 of the Government Code. (h) It is the intent of the Legislature to work toward developing common policies related to adult education affecting adult schools at local educational agencies and community colleges, including policies on fees and funding levels. (i) It is the intent of the Legislature to provide additional funding in the 2015–16 fiscal year to regional consortia to expand and improve the provision of adult education. 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. It is the intent of the Legislature to enact legislation to provide for both of the following: (a)That the funding distributed to local educational agencies through adult education consortia as described in Section 84830 of the Education Code continues to be available to pupils who are minors participating in high school credit recovery pursuant to Sections 52500.1 and 52523 of the Education Code. (b)That no more than 10 percent of the apportionment received by a local educational agency for adult education will be used for pupils in grades 9 to 12, inclusive, as referenced in subdivision (e) of Section 52616.17 of the Education Code.

Existing law requires adult schools and evening high schools to consist of classes for adults. Existing law authorizes minors to be admitted into those classes pursuant to policies adopted by the governing board of the school district if those minors meet certain eligibility requirements. (1) Existing law authorizes the governing board of a school district maintaining secondary schools to establish and maintain classes for adults, as specified. Existing law authorizes specified classes and courses to be offered by school districts and county superintendents of schools for apportionment purposes from the adult education fund, including, among other subject matters, classes and courses for adult programs in parenting education. Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law requires specified noncredit community college courses and classes to be eligible for program-based funding from the state, including, among other subject matters, parenting education courses and classes. This bill would specify that, for the purposes of funding from the adult education fund or from program-based community college funding, as described above, parenting education includes family literacy education, as specified. Existing (2) Existing law requires the Chancellor of the California Community Colleges and the State Department of Education, pursuant to funding made available in the annual Budget Act, to jointly provide 2-year planning and implementation grants to regional consortia of community college districts and school districts for developing regional plans to better serve the educational needs of adults. Existing law requires the grant funds provided under this program to be used by each regional consortium to create and implement a plan to better provide adults in its region with all of the following: elementary and secondary basic skills; classes and courses for immigrants eligible for educational services in citizenship and English as a second language, and workforce preparation classes in basic skills; education programs for adults with disabilities; short-term career technical education programs; and programs for apprentices. This bill would express the intent of the Legislature to enact legislation to provide for both of the following: that the funding distributed to local educational agencies through adult education consortia, as described, continues to be available to pupils who are minors participating in high school credit recovery pursuant to designated provisions; and that no more than 10% of the apportionment received by a local educational agency for adult education will be used for pupils in grades 9 to 12, inclusive, as specified additionally require the plan to better provide adults in the region with parenting education, including, but not necessarily limited to, parent cooperative preschools and classes in child growth and development and parent-child relationships, and family literacy education, as specified . To the extent that this bill would impose new duties on school districts and community college districts that participate in these regional consortia, it would constitute a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 41976 of the Education Code is amended to read: 41976. (a) For purposes of this chapter, the following classes and courses are authorized to be offered by school districts and county superintendents of schools for apportionment purposes from the adult education fund: (1) Adult programs in parenting, including , but not necessarily limited to, parent cooperative preschools, and classes in child growth and development, parent-child relationships, and parenting , and family literacy education, which may include support to children and school aged youth with limited English proficiency backgrounds in the households of participating adults . (2) Adult programs in elementary and secondary basic skills and other courses and classes required for the high school diploma. Apportionments for these courses and classes may only be generated by students who do not possess a high school diploma, except for remedial academic courses or classes in reading, mathematics, and language arts. (3) Adult education programs in English as a second language. (4) Adult education programs for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job specific technical training. (5) Adult education programs for adults with disabilities. (6) Adult short-term career technical education programs with high employment potential. Any reference to “vocational” education or programs in adult education means “career technical” education or programs in adult education. (7) Adult programs for older adults. (8) Adult education programs for apprentices. (9) Adult programs in home economics. (10) Adult programs in health and safety education. (b) No state apportionment shall be made for any course or class which is not set forth in subdivision (a). SEC. 2. Section 84757 of the Education Code is amended to read: 84757. (a) For purposes of this chapter, the following noncredit courses and classes shall be eligible for funding: (1) Parenting, including , but not necessarily limited to, parent cooperative preschools, preschools and classes in child growth and development and development, parent-child relationships , and family literacy education, which may include support to children and school aged youth with limited English proficiency backgrounds in the households of participating adults . (2) Elementary and secondary basic skills and other courses and classes such as remedial academic courses or classes in reading, mathematics, and language arts. (3) English as a second language. (4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and work force preparation classes in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training. (5) Education programs for persons with substantial disabilities. (6) Short-term vocational programs with high employment potential. (7) Education programs for older adults. (8) Education programs for home economics. (9) Health and safety education. (b) No state apportionment shall be made for any course or class that is not set forth in subdivision (a) and for which no credit is given. SEC . 3. Section 84830 of the Education Code is amended to read: 84830. (a) The Chancellor of the California Community Colleges and the State Department of Education shall, pursuant to funding made available in the annual Budget Act, jointly provide two-year planning and implementation grants to regional consortia of community college districts and school districts for the purpose of developing regional plans to better serve the educational needs of adults. (1) Eligibility shall be limited to consortia consisting of at least one community college district and at least one school district within the boundaries of the community college district, either of which may serve as the consortium’s fiscal agent, as determined by the applicant consortium. (2) If a community college district chooses not to participate in a consortium, a neighboring community college district may form a consortium with school districts within the boundaries of the nonparticipating community college district. (3) Consortia may include other entities providing adult education courses, including, but not necessarily limited to, correctional facilities, other local public entities, and community-based organizations. (b) Grant funds provided pursuant to this section shall be used by each regional consortium to create and implement a plan to better provide adults in its region with all of the following: (1) Elementary and secondary basic skills, including classes required for a high school diploma or high school equivalency certificate. (2) Classes and courses for immigrants eligible for educational services in citizenship and English as a second language, and workforce preparation classes in basic skills. (3) Education programs for adults with disabilities. (4) Short-term career technical education programs with high employment potential. (5) Programs for apprentices. (6) Parenting education, including, but not necessarily limited to, parent cooperative preschools and classes in child growth and development and parent-child relationships, and family literacy education, which may include support to children and schoolaged youth with limited English proficiency backgrounds in the households of participating adults. (c) (1) The classes and courses described in paragraphs (1) and (2) of subdivision (b) shall distribute basic information on American government and civics that includes, but is not limited to, instruction on all of the following: (A) Federal, state, and local government. (B) The three branches of government. (C) The importance of civic engagement. (D) Registering to vote. (2) It is the intent of the Legislature that, consistent with the requirements of Sections 51225.3 and 52555, students enrolled in classes and courses described in paragraphs (1) and (2) of subdivision (b) in which instruction in American government and civics is appropriate shall receive instruction in American government and civics. (d) Each regional consortium’s plan shall include, at a minimum: (1) An evaluation of current levels and types of adult education programs within its region, including education for adults in correctional facilities; credit, noncredit, and enhanced noncredit adult education coursework; and programs funded through Title II of the federal Workforce Investment Act of 1998, known as the Adult Education and Family Literacy Act (Public Law 105-220). (2) An evaluation of current needs for adult education programs within its region. (3) Plans for parties that make up the consortium to integrate their existing programs and create seamless transitions into postsecondary education or the workforce. (4) Plans to address the gaps identified pursuant to paragraphs (1) and (2). (5) Plans to employ approaches proven to accelerate a student’s progress toward his or her academic or career goals, such as contextualized basic skills and career technical education, and other joint programming strategies between adult education and career technical education. (6) Plans to collaborate in the provision of ongoing professional development opportunities for faculty and other staff to help them achieve greater program integration and improve student outcomes. (7) Plans to leverage existing regional structures, including, but not necessarily limited to, local workforce investment areas. (e) The Chancellor of the California Community Colleges and the State Department of Education may identify additional elements that consortia must include in a plan. (f) (1) On or before March 1, 2014, the Chancellor of the California Community Colleges and the State Department of Education shall submit a joint report to the Legislature and the Governor. This report shall include, but not necessarily be limited to, both of the following: (A) The status of developing regional consortia across the state, including identification of unserved geographic areas or emerging gaps in regional program delivery. (B) The status and allocation of grant awards made to regional consortia. (2) The report shall be submitted to the Legislature as provided in Section 9795 of the Government Code. (g) (1) On or before March 1, 2015, the Chancellor of the California Community Colleges and the State Department of Education shall submit a joint report to the Legislature and the Governor. This report shall include, but is not limited to, both of the following: (A) The plans developed by regional consortia across the state. (B) Recommendations for additional improvements in the delivery system serving adult learners. (2) The report shall be submitted to the Legislature as provided in Section 9795 of the Government Code. (h) It is the intent of the Legislature to work toward developing common policies related to adult education affecting adult schools at local educational agencies and community colleges, including policies on fees and funding levels. (i) It is the intent of the Legislature to provide additional funding in the 2015–16 fiscal year to regional consortia to expand and improve the provision of adult education. 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. It is the intent of the Legislature to enact legislation to provide for both of the following: (a)That the funding distributed to local educational agencies through adult education consortia as described in Section 84830 of the Education Code continues to be available to pupils who are minors participating in high school credit recovery pursuant to Sections 52500.1 and 52523 of the Education Code. (b)That no more than 10 percent of the apportionment received by a local educational agency for adult education will be used for pupils in grades 9 to 12, inclusive, as referenced in subdivision (e) of Section 52616.17 of the Education Code. ### Summary: This bill would amend Sections 41976 and 84757 of the Education Code to authorize the State Department of Education to apportion funds

The people of the State of California do enact as follows: SECTION 1. Article 6.3 (commencing with Section 14197) is added to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, to read: Article 6.3. California Childhood Immunization Quality Improvement Fund (CCIQIF) Program 14197. (a) The Legislature finds and declares all of the following: (1) The 2014—15 2014–15 outbreaks of vaccine-preventable diseases threaten the health and safety of the California public. (2) Only 71 percent of young children in California between the ages of 19 to 35 months are immunized, which is below the national average of 75 percent, according to 2010 data reported by the Kaiser Family Foundation. (3) In 2013, 39,000 two year olds two-year-olds lacked one or more recommended immunizations, according to the State Department of Health Care Services. (4) The social and direct economic costs of ensuring each child receives the Centers for Disease Control and Prevention Advisory Committee for Immunization Practices recommended schedule for vaccines far outweighs outweigh the costs of not providing routine immunizations. It is estimated that for every $1 one dollar ($1) spent on vaccinations, as many as $29 twenty-nine dollars ($29) can be saved in direct and indirect costs. (5) California children are required to be fully vaccinated before they enter kindergarten, with some exceptions. However, there are no fewer official requirements for younger children who are often more susceptible to dire consequences from vaccine-preventable diseases. (b) It is the intent of the Legislature, by enacting this chapter, to ensure that all possible steps are taken to ensure that two year old two-year-old children who are enrolled in Medi-Cal managed care receive all recommended immunizations. 14197.1. For purposes of this article, “Medi-Cal managed care plan” means any prepaid health plan or Medi-Cal managed care plan contracting with the department to provide services to enrolled Medi-Cal beneficiaries under this chapter or Chapter 8 (commencing with Section 14200). 14197.2. (a) The department shall establish and administer the California Childhood Immunization Quality Improvement Fund (CCIQIF) program to improve childhood immunization rates. (b) (1) The department shall submit an application to the federal Centers for Medicare and Medicaid Services for a waiver or demonstration project to implement the CCIQIF program no later than 120 270 days after the operative date of this article. The department shall determine the form of waiver most appropriate to achieve the purposes of this article. (2) The demonstration project shall operate for a period of five years. (c) In developing the waiver or demonstration project application, the department shall consult with interested stakeholders, including the Medi-Cal Children’s Health Advisory Panel and the Managed Care Advisory Workgroup. The department shall work with stakeholders to incorporate public comment into the waiver or demonstration project application. 14197.3. The department shall develop a plan for the collection and expenditure of CCIQIF moneys according to all of the following guidelines: (a) The CCIQIF program may be financed through voluntary contributions from Medi-Cal managed care plans that shall be used to draw down federal financial participation consistent with federal law. (b) The department shall allocate 33.3 percent of CCIQIF expenditures for provider support payments for use by the department for administrative staff, training, and other resources to support providers in employing strategies to improve immunization rates in their practices, which may include patient reminders, promotion of colocation vaccination delivery with other services, and other strategies as specified by the department after consideration of public comment. The funds shall also be used to pay for the department’s staffing and administrative costs directly attributable to implementing this article, including costs related to developing and seeking federal approval for the CCIQIF and administering the fund. (c) (1) The department shall allocate 66.7 percent of CCIQIF expenditures for reward payments to Medi-Cal managed care plans. The rate of the reward shall be $125 one hundred twenty-five dollars ($125) for each enrollee who receives all recommended vaccinations by the time he or she reaches two years of age, as determined by the Childhood Immunization Status measure of the Healthcare Effectiveness Data and Information Set (HEDIS). (2) Any unearned reward payment expenditures shall roll over to the subsequent demonstration project year. If all reward payment expenditures are earned within a demonstration project year, no additional reward payments shall be distributed until the next demonstration project year begins. (d) At least 20 percent of the CCIQIF expenditures used for reward payments pursuant to subdivision (c) shall be passed through to contracted providers based on the number of Medi-Cal enrollees who are under two years of age in each provider’s respective panel. 14197.4. (a) The department shall contract with the University of California or any other researchers to develop and submit, in compliance with Section 9795 of the Government Code, to the Legislature an evaluation of the effectiveness of the demonstration project using data collected from the first three years of the waiver period or demonstration project. That evaluation shall be submitted within the fourth year of the waiver period or demonstration project. (b) The evaluation shall, at a minimum, include an assessment of the most effective administrative support strategies. (c) The evaluation shall be financed with no more than five percent of the total annual CCIQIF program expenditure dollars. During the waiver or demonstration project year that the evaluation is commissioned, CCIQIF provider support expenditures shall be reduced, commensurate with available funds, to offset the cost of the evaluation contract. 14197.5. This chapter article shall be implemented only if and to the extent that federal financial participation is available and any necessary federal approvals have been obtained. 14197.6. (a) This chapter article shall become inoperative on the date that the Director of Health Care Services executes a declaration, which shall be retained by the director, stating that the demonstration project has concluded, and shall, six months after the date the declaration is executed, be repealed. (b) In addition to the requirements specified in subdivision (a), the director shall post the declaration on the department’s Internet Web site and the director shall send the declaration to the appropriate policy committees of the Legislature and to the Legislative Counsel.

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 county to establish a community child health and disability prevention program to include, among other things, health screening and evaluation services for all children that include immunizations and an assessment of immunization status. This bill would require the State Department of Health Care Services to establish and administer the California Childhood Immunization Quality Improvement Fund (CCIQIF) program to improve childhood immunization rates, and would require the department to submit an application to the federal Centers for Medicare and Medicaid Services for a waiver to implement a 5-year demonstration project to implement the program. The bill would require the department to develop a plan for the collection and expenditure of CCIQIF moneys according to specified guidelines, including voluntary contributions from Medi-Cal managed care plans to be used for provider support payments and reward payments to Medi-Cal managed care plans, as specified. The bill would require the department to contract with specified researchers to develop and submit to the Legislature an evaluation of the effectiveness of the demonstration project. This bill would make these provisions inoperative on a specified date.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Article 6.3 (commencing with Section 14197) is added to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, to read: Article 6.3. California Childhood Immunization Quality Improvement Fund (CCIQIF) Program 14197. (a) The Legislature finds and declares all of the following: (1) The 2014—15 2014–15 outbreaks of vaccine-preventable diseases threaten the health and safety of the California public. (2) Only 71 percent of young children in California between the ages of 19 to 35 months are immunized, which is below the national average of 75 percent, according to 2010 data reported by the Kaiser Family Foundation. (3) In 2013, 39,000 two year olds two-year-olds lacked one or more recommended immunizations, according to the State Department of Health Care Services. (4) The social and direct economic costs of ensuring each child receives the Centers for Disease Control and Prevention Advisory Committee for Immunization Practices recommended schedule for vaccines far outweighs outweigh the costs of not providing routine immunizations. It is estimated that for every $1 one dollar ($1) spent on vaccinations, as many as $29 twenty-nine dollars ($29) can be saved in direct and indirect costs. (5) California children are required to be fully vaccinated before they enter kindergarten, with some exceptions. However, there are no fewer official requirements for younger children who are often more susceptible to dire consequences from vaccine-preventable diseases. (b) It is the intent of the Legislature, by enacting this chapter, to ensure that all possible steps are taken to ensure that two year old two-year-old children who are enrolled in Medi-Cal managed care receive all recommended immunizations. 14197.1. For purposes of this article, “Medi-Cal managed care plan” means any prepaid health plan or Medi-Cal managed care plan contracting with the department to provide services to enrolled Medi-Cal beneficiaries under this chapter or Chapter 8 (commencing with Section 14200). 14197.2. (a) The department shall establish and administer the California Childhood Immunization Quality Improvement Fund (CCIQIF) program to improve childhood immunization rates. (b) (1) The department shall submit an application to the federal Centers for Medicare and Medicaid Services for a waiver or demonstration project to implement the CCIQIF program no later than 120 270 days after the operative date of this article. The department shall determine the form of waiver most appropriate to achieve the purposes of this article. (2) The demonstration project shall operate for a period of five years. (c) In developing the waiver or demonstration project application, the department shall consult with interested stakeholders, including the Medi-Cal Children’s Health Advisory Panel and the Managed Care Advisory Workgroup. The department shall work with stakeholders to incorporate public comment into the waiver or demonstration project application. 14197.3. The department shall develop a plan for the collection and expenditure of CCIQIF moneys according to all of the following guidelines: (a) The CCIQIF program may be financed through voluntary contributions from Medi-Cal managed care plans that shall be used to draw down federal financial participation consistent with federal law. (b) The department shall allocate 33.3 percent of CCIQIF expenditures for provider support payments for use by the department for administrative staff, training, and other resources to support providers in employing strategies to improve immunization rates in their practices, which may include patient reminders, promotion of colocation vaccination delivery with other services, and other strategies as specified by the department after consideration of public comment. The funds shall also be used to pay for the department’s staffing and administrative costs directly attributable to implementing this article, including costs related to developing and seeking federal approval for the CCIQIF and administering the fund. (c) (1) The department shall allocate 66.7 percent of CCIQIF expenditures for reward payments to Medi-Cal managed care plans. The rate of the reward shall be $125 one hundred twenty-five dollars ($125) for each enrollee who receives all recommended vaccinations by the time he or she reaches two years of age, as determined by the Childhood Immunization Status measure of the Healthcare Effectiveness Data and Information Set (HEDIS). (2) Any unearned reward payment expenditures shall roll over to the subsequent demonstration project year. If all reward payment expenditures are earned within a demonstration project year, no additional reward payments shall be distributed until the next demonstration project year begins. (d) At least 20 percent of the CCIQIF expenditures used for reward payments pursuant to subdivision (c) shall be passed through to contracted providers based on the number of Medi-Cal enrollees who are under two years of age in each provider’s respective panel. 14197.4. (a) The department shall contract with the University of California or any other researchers to develop and submit, in compliance with Section 9795 of the Government Code, to the Legislature an evaluation of the effectiveness of the demonstration project using data collected from the first three years of the waiver period or demonstration project. That evaluation shall be submitted within the fourth year of the waiver period or demonstration project. (b) The evaluation shall, at a minimum, include an assessment of the most effective administrative support strategies. (c) The evaluation shall be financed with no more than five percent of the total annual CCIQIF program expenditure dollars. During the waiver or demonstration project year that the evaluation is commissioned, CCIQIF provider support expenditures shall be reduced, commensurate with available funds, to offset the cost of the evaluation contract. 14197.5. This chapter article shall be implemented only if and to the extent that federal financial participation is available and any necessary federal approvals have been obtained. 14197.6. (a) This chapter article shall become inoperative on the date that the Director of Health Care Services executes a declaration, which shall be retained by the director, stating that the demonstration project has concluded, and shall, six months after the date the declaration is executed, be repealed. (b) In addition to the requirements specified in subdivision (a), the director shall post the declaration on the department’s Internet Web site and the director shall send the declaration to the appropriate policy committees of the Legislature and to the Legislative Counsel. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. It is the intent of the Legislature that the Administrative Director of the Division of Workers’ Compensation create an evidence-based drug formulary, with the maximum transparency possible, for use in the workers’ compensation system, and that the formulary include the following in addition to the provisions of this act: (a) Evidence-based guidelines for access to appropriate medications pursuant to pain management prescription drug therapies. (b) Guidance regarding how an injured worker may access off-label use of prescription drugs, when evidenced-based and medically necessary. (c) Use of generic or generic-equivalent drugs in the formulary pursuant to evidence-based practices, with consideration being given to use of brand name medication when its use is cost-effective, medically necessary, and evidence-based. (d) The drug formulary shall not apply to care provided in an emergency department or inpatient setting. (e) Guidance on the use of the formulary to further the goal of providing appropriate medications expeditiously while minimizing administrative burden and associated administrative costs. SEC. 2. Section 4600.1 of the Labor Code is amended to read: 4600.1. (a) Subject to subdivision (b), any person or entity that dispenses medicines and medical supplies, as required by Section 4600, shall dispense the generic drug equivalent. (b) A person or entity is not required to dispense a generic drug equivalent under either of the following circumstances: (1) When a generic drug equivalent is unavailable. (2) When the prescribing physician specifically provides in writing that a nongeneric drug must be dispensed. (c) For purposes of this section, “dispense” has the same meaning as the definition contained in Section 4024 of the Business and Professions Code. (d) Nothing in this section shall be construed to preclude a prescribing physician, who is also the dispensing physician, from dispensing a generic drug equivalent. (e) This section shall only apply to medicines dispensed prior to the operative date of the drug formulary adopted pursuant to Section 5307.27. SEC. 3. Section 4600.2 of the Labor Code is amended to read: 4600.2. (a) Notwithstanding Section 4600, if a self-insured employer, group of self-insured employers, insurer of an employer, or group of insurers contracts with a pharmacy, group of pharmacies, or pharmacy benefit network to provide medicines and medical supplies required by this article to be provided to injured employees, those injured employees that are subject to the contract shall be provided medicines and medical supplies in the manner prescribed in the contract for as long as medicines or medical supplies are reasonably required to cure or relieve the injured employee from the effects of the injury. Medicines provided pursuant to the contract shall be subject to the drug formulary adopted by the administrative director pursuant to Section 5307.27, and such contracts may not limit the availability of medications otherwise prescribed pursuant to the formulary based on whether the pharmacy services are provided within or outside a medical provider network. (b) Nothing in this section shall affect the ability of employee-selected physicians to continue to prescribe and have the employer provide medicines subject to the drug formulary and medical supplies that the physicians deem reasonably required to cure or relieve the injured employee from the effects of the injury. (c) Each contract described in subdivision (a) shall comply with standards adopted by the administrative director. In adopting those standards, the administrative director shall seek to reduce pharmaceutical costs and may consult any relevant studies or practices in other states. The standards shall provide for access to a pharmacy within a reasonable geographic distance from an injured employee’s residence. SEC. 4. Section 5307.27 of the Labor Code is amended to read: 5307.27. (a) The administrative director, in consultation with the Commission on Health and Safety and Workers’ Compensation, shall adopt, after public hearings, a medical treatment utilization schedule, that shall incorporate the evidence-based, peer-reviewed, nationally recognized standards of care recommended by the commission pursuant to Section 77.5, and that shall address, at a minimum, the frequency, duration, intensity, and appropriateness of all treatment procedures and modalities commonly performed in workers’ compensation cases. (b) On or before July 1, 2017, the medical treatment utilization schedule adopted by the administrative director shall include a drug formulary using evidence-based medicine. Nothing in this section shall prohibit the authorization of medications that are not in the formulary when the variance is demonstrated, consistent with subdivision (a) of Section 4604.5. (c) The drug formulary shall include a phased implementation for workers injured prior to July 1, 2017, in order to ensure injured workers safely transition to medications pursuant to the formulary. (d) This section shall apply to all prescribers and dispensers of medications serving injured workers under the workers’ compensation system. SEC. 5. Section 5307.28 is added to the Labor Code, to read: 5307.28. (a) Prior to the adoption of a drug formulary as required by Section 5307.27, the administrative director shall meet and consult regarding the establishment of a formulary with stakeholders, including, but not limited to, employers, insurers, private sector employee representatives, public sector employee representatives, treating physicians actively practicing medicine, pharmacists, pharmacy benefit managers, attorneys who represent applicants, and injured workers. (b) Commencing July 1, 2016, and concluding with the implementation of the formulary, the administrative director shall publish at least two interim reports on the Internet Web site of the Division of Workers’ Compensation describing the status of the creation of the formulary. SEC. 6. Section 5307.29 is added to the Labor Code, to read: 5307.29. (a) The administrative director shall make provision for no less than quarterly updates to the drug formulary to allow for the provision of all appropriate medications, including those new to the market. (b) Changes made to the list of drugs in the drug formulary described in Section 5307.27 shall be made through an order exempt from Sections 5307.3 and 5307.4, and 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), informing the public of the changes and their effective date. All orders issued pursuant to this subdivision shall be published on the Internet Web site of the Division of Workers’ Compensation. (c) The administrative director shall establish an independent pharmacy and therapeutics committee to review and consult with the administrative director on available evidence of the relative safety, efficacy, and effectiveness of drugs within a class of drugs in the updating of an evidence-based drug formulary, as required by Section 5307.27. (1) The committee shall consist of six members and the Executive Medical Director of the Division of Workers’ Compensation. The committee shall consist of medical doctors or doctors of osteopathy holding a physician and surgeon license pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, and pharmacists licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code. A committee member shall have knowledge or expertise in one or more of the following: (A) Clinically appropriate prescribing of covered drugs. (B) Clinically appropriate dispensing and monitoring of covered drugs. (C) Drug use review. (D) Evidence-based medicine. (2) Committee members shall not be employed by a pharmaceutical manufacturer, a pharmacy benefits management company, or a company engaged in the development of a pharmaceutical formulary for commercial sale during his or her term, and shall not have been so employed for 12 months prior to his or her appointment. (3) A committee member shall not have a substantial financial conflict of interest pursuant to standards established by the administrative director. The administrative director may, in his or her sole discretion, disqualify a potential or current member of the committee if the administrative director determines that a substantial conflict of interest exists. (4) A committee member shall agree to keep all proprietary information confidential to the extent required by existing law.

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 employment. The administrative director is authorized to adopt, amend, or repeal, after public hearings, any rules and regulations that are reasonably necessary to enforce the state workers’ compensation provisions, except when that power is specifically reserved to the Workers’ Compensation Appeals Board. Existing law requires the administrative director to adopt a medical treatment utilization schedule that addresses the frequency, duration, intensity, and appropriateness of all common treatments performed in workers’ compensation cases. This bill would require the administrative director to establish a drug formulary, on or before July 1, 2017, as part of the medical treatment utilization schedule, for medications prescribed in the workers’ compensation system. The bill would require the administrative director to meet and consult with stakeholders, as specified, prior to the adoption of the formulary. The bill would require the administrative director to publish at least 2 interim reports on the Internet Web site of the Division of Workers’ Compensation describing the status of the creation of the formulary, commencing July 1, 2016, until the formulary is implemented. The bill would require the administrative director to update the formulary at least on a quarterly basis to allow for the provision of all appropriate medications, including medications new to the market. The bill would exempt an order updating the formulary from the Administrative Procedure Act and other provisions, as specified. The bill would require the administrative director to establish an independent pharmacy and therapeutics committee to review and consult with the administrative director in connection with updating the formulary, as specified. The bill would also make conforming changes to related code sections.

<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 that the Administrative Director of the Division of Workers’ Compensation create an evidence-based drug formulary, with the maximum transparency possible, for use in the workers’ compensation system, and that the formulary include the following in addition to the provisions of this act: (a) Evidence-based guidelines for access to appropriate medications pursuant to pain management prescription drug therapies. (b) Guidance regarding how an injured worker may access off-label use of prescription drugs, when evidenced-based and medically necessary. (c) Use of generic or generic-equivalent drugs in the formulary pursuant to evidence-based practices, with consideration being given to use of brand name medication when its use is cost-effective, medically necessary, and evidence-based. (d) The drug formulary shall not apply to care provided in an emergency department or inpatient setting. (e) Guidance on the use of the formulary to further the goal of providing appropriate medications expeditiously while minimizing administrative burden and associated administrative costs. SEC. 2. Section 4600.1 of the Labor Code is amended to read: 4600.1. (a) Subject to subdivision (b), any person or entity that dispenses medicines and medical supplies, as required by Section 4600, shall dispense the generic drug equivalent. (b) A person or entity is not required to dispense a generic drug equivalent under either of the following circumstances: (1) When a generic drug equivalent is unavailable. (2) When the prescribing physician specifically provides in writing that a nongeneric drug must be dispensed. (c) For purposes of this section, “dispense” has the same meaning as the definition contained in Section 4024 of the Business and Professions Code. (d) Nothing in this section shall be construed to preclude a prescribing physician, who is also the dispensing physician, from dispensing a generic drug equivalent. (e) This section shall only apply to medicines dispensed prior to the operative date of the drug formulary adopted pursuant to Section 5307.27. SEC. 3. Section 4600.2 of the Labor Code is amended to read: 4600.2. (a) Notwithstanding Section 4600, if a self-insured employer, group of self-insured employers, insurer of an employer, or group of insurers contracts with a pharmacy, group of pharmacies, or pharmacy benefit network to provide medicines and medical supplies required by this article to be provided to injured employees, those injured employees that are subject to the contract shall be provided medicines and medical supplies in the manner prescribed in the contract for as long as medicines or medical supplies are reasonably required to cure or relieve the injured employee from the effects of the injury. Medicines provided pursuant to the contract shall be subject to the drug formulary adopted by the administrative director pursuant to Section 5307.27, and such contracts may not limit the availability of medications otherwise prescribed pursuant to the formulary based on whether the pharmacy services are provided within or outside a medical provider network. (b) Nothing in this section shall affect the ability of employee-selected physicians to continue to prescribe and have the employer provide medicines subject to the drug formulary and medical supplies that the physicians deem reasonably required to cure or relieve the injured employee from the effects of the injury. (c) Each contract described in subdivision (a) shall comply with standards adopted by the administrative director. In adopting those standards, the administrative director shall seek to reduce pharmaceutical costs and may consult any relevant studies or practices in other states. The standards shall provide for access to a pharmacy within a reasonable geographic distance from an injured employee’s residence. SEC. 4. Section 5307.27 of the Labor Code is amended to read: 5307.27. (a) The administrative director, in consultation with the Commission on Health and Safety and Workers’ Compensation, shall adopt, after public hearings, a medical treatment utilization schedule, that shall incorporate the evidence-based, peer-reviewed, nationally recognized standards of care recommended by the commission pursuant to Section 77.5, and that shall address, at a minimum, the frequency, duration, intensity, and appropriateness of all treatment procedures and modalities commonly performed in workers’ compensation cases. (b) On or before July 1, 2017, the medical treatment utilization schedule adopted by the administrative director shall include a drug formulary using evidence-based medicine. Nothing in this section shall prohibit the authorization of medications that are not in the formulary when the variance is demonstrated, consistent with subdivision (a) of Section 4604.5. (c) The drug formulary shall include a phased implementation for workers injured prior to July 1, 2017, in order to ensure injured workers safely transition to medications pursuant to the formulary. (d) This section shall apply to all prescribers and dispensers of medications serving injured workers under the workers’ compensation system. SEC. 5. Section 5307.28 is added to the Labor Code, to read: 5307.28. (a) Prior to the adoption of a drug formulary as required by Section 5307.27, the administrative director shall meet and consult regarding the establishment of a formulary with stakeholders, including, but not limited to, employers, insurers, private sector employee representatives, public sector employee representatives, treating physicians actively practicing medicine, pharmacists, pharmacy benefit managers, attorneys who represent applicants, and injured workers. (b) Commencing July 1, 2016, and concluding with the implementation of the formulary, the administrative director shall publish at least two interim reports on the Internet Web site of the Division of Workers’ Compensation describing the status of the creation of the formulary. SEC. 6. Section 5307.29 is added to the Labor Code, to read: 5307.29. (a) The administrative director shall make provision for no less than quarterly updates to the drug formulary to allow for the provision of all appropriate medications, including those new to the market. (b) Changes made to the list of drugs in the drug formulary described in Section 5307.27 shall be made through an order exempt from Sections 5307.3 and 5307.4, and 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), informing the public of the changes and their effective date. All orders issued pursuant to this subdivision shall be published on the Internet Web site of the Division of Workers’ Compensation. (c) The administrative director shall establish an independent pharmacy and therapeutics committee to review and consult with the administrative director on available evidence of the relative safety, efficacy, and effectiveness of drugs within a class of drugs in the updating of an evidence-based drug formulary, as required by Section 5307.27. (1) The committee shall consist of six members and the Executive Medical Director of the Division of Workers’ Compensation. The committee shall consist of medical doctors or doctors of osteopathy holding a physician and surgeon license pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, and pharmacists licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code. A committee member shall have knowledge or expertise in one or more of the following: (A) Clinically appropriate prescribing of covered drugs. (B) Clinically appropriate dispensing and monitoring of covered drugs. (C) Drug use review. (D) Evidence-based medicine. (2) Committee members shall not be employed by a pharmaceutical manufacturer, a pharmacy benefits management company, or a company engaged in the development of a pharmaceutical formulary for commercial sale during his or her term, and shall not have been so employed for 12 months prior to his or her appointment. (3) A committee member shall not have a substantial financial conflict of interest pursuant to standards established by the administrative director. The administrative director may, in his or her sole discretion, disqualify a potential or current member of the committee if the administrative director determines that a substantial conflict of interest exists. (4) A committee member shall agree to keep all proprietary information confidential to the extent required by existing law. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 4535.2 of the Government Code is amended to read: 4535.2. (a) (1) The maximum preference and incentive a bidder may be awarded pursuant to this chapter and any other provision of law shall be 15 percent. However, in no case shall the maximum preference and incentive cost under this chapter exceed fifty thousand dollars ($50,000) for any bid, nor shall the combined cost of preferences and incentives granted pursuant to this chapter and any other provision of law exceed one hundred thousand dollars($100,000). In those cases where the 15-percent cumulated preference and incentive cost would exceed the one hundred thousand dollar ($100,000) maximum preference and incentive cost limit, the one hundred thousand dollar ($100,000) maximum preference and incentive cost limit shall apply. (2) Notwithstanding the one-hundred-thousand-dollar ($100,000) limitation specified in paragraph (1), if the bid includes preferences or incentives under this chapter and Section 14838, the combined cost of preferences and incentives granted pursuant to this chapter and any other law shall not exceed one hundred fifty thousand dollars ($150,000). (b) Notwithstanding the provisions of this chapter, small business bidders qualified in accordance with Section 14838 shall have precedence over nonsmall business bidders in that the application of any bidder preference for which nonsmall business bidders may be eligible, including the preference contained in this chapter, shall not result in the denial of the award to a small business bidder. This subdivision shall apply to those cases where the small business bidder is the lowest responsible bidder, as well as to those cases where the small business bidder is eligible for award as the result of application of the 5-percent small business bidder preference and incentive. SECTION 1. SEC. 2. Section 14838 of the Government Code is amended to read: 14838. In order to facilitate the participation of small business, including microbusiness, in the provision of goods, information technology, and services to the state, and in the construction (including alteration, demolition, repair, or improvement) of state facilities, the directors of the department and other state agencies that enter those contracts, each within their respective areas of responsibility, shall do all of the following: (a) Establish goals, consistent with those established by the Office of Small Business Certification and Resources, for the extent of participation of small businesses, including microbusinesses, in the provision of goods, information technology, and services to the state, and in the construction of state facilities. (b) Provide for small business preference, or nonsmall business preference for bidders that provide for small business and microbusiness subcontractor participation, in the award of contracts for goods, information technology, services, and construction, as follows: (1) In solicitations where an award is to be made to the lowest responsible bidder meeting specifications, the preference to small business and microbusiness shall be 5 percent of the lowest responsible nonsmall business bidder meeting specifications. The preference to nonsmall business bidders that provide for small business or microbusiness subcontractor participation shall be, up to a maximum of 5 percent of the lowest responsible nonsmall business bidder meeting specifications, determined according to rules and regulations established by the Department of General Services. (2) In solicitations where an award is to be made to the highest scored bidder based on evaluation factors in addition to price, the preference to small business or microbusiness shall be 5 percent of the highest responsible bidder’s total score. The preference to nonsmall business bidders that provide for small business or microbusiness subcontractor participation shall be up to a maximum 5 percent of the highest responsible bidder’s total score, determined according to rules and regulations established by the Department of General Services. (3) The preferences under paragraphs (1) and (2) shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements. (4) The preference under paragraph (1) shall not exceed one hundred thousand dollars ($100,000) for any contract award, and the combined cost of preferences granted pursuant to paragraph (1) and any other provision of law shall not exceed one hundred fifty thousand dollars ($150,000). For contract awards in which the state has reserved the right to make multiple awards, this one hundred thousand dollar ($100,000) maximum preference cost shall be applied, to the extent possible, so as to maximize the dollar participation of small businesses, including microbusinesses, in the contract award. (c) Give special consideration to small businesses and microbusinesses by both: (1) Reducing the experience required. (2) Reducing the level of inventory normally required. (d) Give special assistance to small businesses and microbusinesses in the preparation and submission of the information requested in Section 14310. (e) Under the authorization granted in Section 10163 of the Public Contract Code, make awards, whenever feasible, to small business and microbusiness bidders for each project bid upon within their prequalification rating. This may be accomplished by dividing major projects into subprojects so as to allow a small business or microbusiness contractor to qualify to bid on these subprojects. (f) Small business and microbusiness bidders qualified in accordance with this chapter shall have precedence over nonsmall business bidders in that the application of a bidder preference for which nonsmall business bidders may be eligible under this section or any other provision of law shall not result in the denial of the award to a small business or microbusiness bidder. In the event of a precise tie between the low responsible bid of a bidder meeting specifications of a small business or microbusiness, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business or microbusiness, the contract shall be awarded to the disabled veteran-owned small business or microbusiness. This provision applies if the small business or microbusiness bidder is the lowest responsible bidder, as well as if the small business or microbusiness bidder is eligible for award as the result of application of the small business and microbusiness bidder preference granted by subdivision (b). SEC. 3. Section 42893 of the Public Resources Code is amended to read: 42893. (a) The combined amount of preference granted pursuant to this section article shall not exceed one hundred thousand dollars ($100,000) each year. (b) Notwithstanding Section 42892, the recycled tire product preference shall not exceed fifty thousand dollars ($50,000) if a preference exceeding that amount would preclude an award to a small business that offers a similar product made of nonrecycled tire components and is qualified in accordance with Section 14838 of the Government Code. This provision applies regardless of whether the small business is the lowest responsible bidder or is eligible for the contract award on the basis of application of the 5 percent small business preference. (c) Notwithstanding the one-hundred-thousand-dollar limitation specified in subdivision (a) or the fifty-thousand-dollar ($50,000) limitation specified in subdivision (b), if the bid includes the preference authorized in Section 42891 and Section 14838 of the Government Code, the combined cost of preferences and incentives granted pursuant to this article and any other law shall not exceed one hundred fifty thousand dollars ($150,000).

Existing law, the Small Business Procurement and Contract Act, provides for various programs to encourage the participation of small businesses, as certified by the Department of General Services, in state agency contracts, including a microbusiness and a disabled veteran business enterprise. Existing law requires directors of state agencies, in awarding prescribed contracts, to provide a 5% preference to small businesses and microbusinesses, and a preference of up to 5% to a nonsmall business that provides for small business or microbusiness subcontractor participation, not to exceed prescribed amounts. Existing law provides, in solicitations where an award is made to the lowest responsible bidder, that the preferences shall not exceed $50,000 for any bid and that the combined cost of preferences granted shall not exceed $100,000. Existing law provides that, in bids in which the state has reserved the right to make multiple awards, the $50,000 maximum preference cost shall be applied. This bill would provide, in solicitations where an award is made to the lowest responsible bidder, that the preference to small business and microbusiness be 5% of the lowest responsible nonsmall business bidder meeting specifications and that the preference to nonsmall business bidders that provide for small business or microbusiness subcontractor participation be up to a maximum of 5% of the lowest responsible nonsmall business bidder. This bill also would provide that the preference not exceed $100,000 for any contract award and that the combined cost of preferences granted not exceed $150,000. This bill would require that the $100,000 maximum preference cost be applied in multiple contract awards. Existing law, the Target Area Contract Preference Act, requires, if the contract is for goods or services in excess of $100,000, except as specified, the state to award preferences to California-based companies submitting bids or proposals for state contracts who demonstrate and certify under penalty of perjury that of the total labor hours required to manufacture the goods and perform the contract, at least a specified percentage of the hours will be accomplished at an identified worksite or worksites located in a distressed area by persons with a high risk of unemployment. Existing law also provides that the maximum preference and incentive a bidder may be awarded pursuant to this act is $50,000 for any bid, and $100,000 for the combined cost of these preferences and incentives and those provided pursuant to any other provision of law. This bill would instead provide, if the bid includes preferences or incentives provided under the Target Area Contract Preference Act and the Small Business Procurement and Contract Act, that the maximum preference and incentive a bidder may be awarded pursuant to these provisions shall not exceed $150,000 for the combined cost of these preferences and incentives and those provided pursuant to any other provision of law. Existing law, the California Tire Recycling Act, provides, on state purchases of products that are made of, or contains components that can be derived from the recycling of used tires, to suppliers of recycled tire products, a bid preference of 5% of the lowest bid or price quoted by suppliers offering similar products made from nonrecycled components. That law limits the preference to $100,000 each year, or $50,000 if the preference exceeding that amount would preclude an award to a small business that offers a similar product made of nonrecycled tire components and is qualified in accordance with the Small Business Procurement and Contract Act. This bill would provide, notwithstanding those limitations, if the bid includes the preference authorized in the California Tire Recycling Act and the Small Business Procurement and Contract Act, the combined cost of preferences and incentives granted pursuant to California Tire Recycling Act and any other law is not to exceed $150,000.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 4535.2 of the Government Code is amended to read: 4535.2. (a) (1) The maximum preference and incentive a bidder may be awarded pursuant to this chapter and any other provision of law shall be 15 percent. However, in no case shall the maximum preference and incentive cost under this chapter exceed fifty thousand dollars ($50,000) for any bid, nor shall the combined cost of preferences and incentives granted pursuant to this chapter and any other provision of law exceed one hundred thousand dollars($100,000). In those cases where the 15-percent cumulated preference and incentive cost would exceed the one hundred thousand dollar ($100,000) maximum preference and incentive cost limit, the one hundred thousand dollar ($100,000) maximum preference and incentive cost limit shall apply. (2) Notwithstanding the one-hundred-thousand-dollar ($100,000) limitation specified in paragraph (1), if the bid includes preferences or incentives under this chapter and Section 14838, the combined cost of preferences and incentives granted pursuant to this chapter and any other law shall not exceed one hundred fifty thousand dollars ($150,000). (b) Notwithstanding the provisions of this chapter, small business bidders qualified in accordance with Section 14838 shall have precedence over nonsmall business bidders in that the application of any bidder preference for which nonsmall business bidders may be eligible, including the preference contained in this chapter, shall not result in the denial of the award to a small business bidder. This subdivision shall apply to those cases where the small business bidder is the lowest responsible bidder, as well as to those cases where the small business bidder is eligible for award as the result of application of the 5-percent small business bidder preference and incentive. SECTION 1. SEC. 2. Section 14838 of the Government Code is amended to read: 14838. In order to facilitate the participation of small business, including microbusiness, in the provision of goods, information technology, and services to the state, and in the construction (including alteration, demolition, repair, or improvement) of state facilities, the directors of the department and other state agencies that enter those contracts, each within their respective areas of responsibility, shall do all of the following: (a) Establish goals, consistent with those established by the Office of Small Business Certification and Resources, for the extent of participation of small businesses, including microbusinesses, in the provision of goods, information technology, and services to the state, and in the construction of state facilities. (b) Provide for small business preference, or nonsmall business preference for bidders that provide for small business and microbusiness subcontractor participation, in the award of contracts for goods, information technology, services, and construction, as follows: (1) In solicitations where an award is to be made to the lowest responsible bidder meeting specifications, the preference to small business and microbusiness shall be 5 percent of the lowest responsible nonsmall business bidder meeting specifications. The preference to nonsmall business bidders that provide for small business or microbusiness subcontractor participation shall be, up to a maximum of 5 percent of the lowest responsible nonsmall business bidder meeting specifications, determined according to rules and regulations established by the Department of General Services. (2) In solicitations where an award is to be made to the highest scored bidder based on evaluation factors in addition to price, the preference to small business or microbusiness shall be 5 percent of the highest responsible bidder’s total score. The preference to nonsmall business bidders that provide for small business or microbusiness subcontractor participation shall be up to a maximum 5 percent of the highest responsible bidder’s total score, determined according to rules and regulations established by the Department of General Services. (3) The preferences under paragraphs (1) and (2) shall not be awarded to a noncompliant bidder and shall not be used to achieve any applicable minimum requirements. (4) The preference under paragraph (1) shall not exceed one hundred thousand dollars ($100,000) for any contract award, and the combined cost of preferences granted pursuant to paragraph (1) and any other provision of law shall not exceed one hundred fifty thousand dollars ($150,000). For contract awards in which the state has reserved the right to make multiple awards, this one hundred thousand dollar ($100,000) maximum preference cost shall be applied, to the extent possible, so as to maximize the dollar participation of small businesses, including microbusinesses, in the contract award. (c) Give special consideration to small businesses and microbusinesses by both: (1) Reducing the experience required. (2) Reducing the level of inventory normally required. (d) Give special assistance to small businesses and microbusinesses in the preparation and submission of the information requested in Section 14310. (e) Under the authorization granted in Section 10163 of the Public Contract Code, make awards, whenever feasible, to small business and microbusiness bidders for each project bid upon within their prequalification rating. This may be accomplished by dividing major projects into subprojects so as to allow a small business or microbusiness contractor to qualify to bid on these subprojects. (f) Small business and microbusiness bidders qualified in accordance with this chapter shall have precedence over nonsmall business bidders in that the application of a bidder preference for which nonsmall business bidders may be eligible under this section or any other provision of law shall not result in the denial of the award to a small business or microbusiness bidder. In the event of a precise tie between the low responsible bid of a bidder meeting specifications of a small business or microbusiness, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business or microbusiness, the contract shall be awarded to the disabled veteran-owned small business or microbusiness. This provision applies if the small business or microbusiness bidder is the lowest responsible bidder, as well as if the small business or microbusiness bidder is eligible for award as the result of application of the small business and microbusiness bidder preference granted by subdivision (b). SEC. 3. Section 42893 of the Public Resources Code is amended to read: 42893. (a) The combined amount of preference granted pursuant to this section article shall not exceed one hundred thousand dollars ($100,000) each year. (b) Notwithstanding Section 42892, the recycled tire product preference shall not exceed fifty thousand dollars ($50,000) if a preference exceeding that amount would preclude an award to a small business that offers a similar product made of nonrecycled tire components and is qualified in accordance with Section 14838 of the Government Code. This provision applies regardless of whether the small business is the lowest responsible bidder or is eligible for the contract award on the basis of application of the 5 percent small business preference. (c) Notwithstanding the one-hundred-thousand-dollar limitation specified in subdivision (a) or the fifty-thousand-dollar ($50,000) limitation specified in subdivision (b), if the bid includes the preference authorized in Section 42891 and Section 14838 of the Government Code, the combined cost of preferences and incentives granted pursuant to this article and any other law shall not exceed one hundred fifty thousand dollars ($150,000). ### Summary: This bill would amend the Government Code to increase the maximum preference and incentive cost for bidders under the Small Business and Microbusiness Preference and Incentive Act from $50

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The State of California has long recognized the mental health needs of California’s children and the value of addressing these needs by supporting the provision of evidence-based mental health services in publicly funded preschools and elementary schools, as evidenced by the creation in 1981 of the Primary Prevention Project, now named the Primary Intervention Program, and the creation in 1991 of the School-based Early Mental Health Intervention and Prevention Services for Children Program, known as the Early Mental Health Initiative (EMHI). (b) From the 1992–93 fiscal year to the 2011–12 fiscal year, the State Department of Mental Health awarded funds each year in matching grants to local education agencies to fund prevention and early intervention programs, including the Primary Intervention Program, for students experiencing mild to moderate school adjustment difficulty through the EMHI. In the 2011–12 fiscal year, the EMHI received $15 million in state funds. (c) Authorizing legislation specified that the EMHI would be deemed successful if at least 75 percent of the children who complete the program show an improvement in at least one of the following four areas: learning behaviors, attendance, school adjustment, and school-related competencies. (d) The EMHI succeeded in meeting these legislative requirements. According to the 2010/2011 Early Mental Health Initiative Statewide Evaluation Report, of the 15,823 students located in 424 elementary schools across 66 school districts participating in EMHI-funded services during the 2010–11 school year, 79 percent exhibited positive social competence and school adjustment behaviors more frequently after completing services. Furthermore, the magnitude of the improvements was exceptional in comparison to evaluations of other programs, especially given the short-term and cost-effective nature of the intervention. (e) The 2010/2011 Early Mental Health Initiative Statewide Evaluation Report described an unmet demand for EMHI-funded services at participating schoolsites, as only 37 percent of the students that scored in the mild to moderate school adjustment difficulty range were served with EMHI-funded services due to program capacity and funding constraints. Based on demographic considerations, similar demand would be expected at schools that did not receive EMHI grants. (f) The Governor’s realignment for the 2011–12 fiscal year renamed the State Department of Mental Health as the State Department of State Hospitals and limited that department’s mission. (g) The Budget Act of 2012 disbursed Proposition 98 funds, which had been used to fund the EMHI, directly to local education agencies in order to provide local schools with enhanced flexibility to manage their finances and give greater control of local decisions. (h) It is in the interest of California’s children, families, schools, and communities that the State of California support local decisions to provide funding for evidence-based services to address the mental health needs of children in publicly funded preschools and elementary schools. (i) Multitiered systems and supports have been developed as model framework within which to implement these services. Pilot programs in the Counties of San Bernardino and Alameda are demonstrating that implementing these services as part of a multitiered system is cost effective, because the cost of the services is more than fully offset by the reduction in the need for high-cost nonpublic school placements. SEC. 2. Section 4372 of the Welfare and Institutions Code is amended to read: 4372. For the purposes of this part, the following definitions shall apply: (a) “Cooperating entity” means any federal, state, or local, public or private nonprofit agency providing school-based early mental health intervention and prevention services that agrees to offer services at a schoolsite through a program assisted under this part. (b) “Eligible pupil” means a pupil who attends a preschool program at a publicly funded elementary school, or who attends a publicly funded elementary school and who is in kindergarten, transitional kindergarten, or grades 1 to 3, inclusive. (c) “Local educational agency” means any school district or county office of education, state special school, or charter school. (d) “Department” means the State Department of Public Health. (e) “Director” means the State Director of Mental Health. (f) “Supportive service” means a service that will enhance the mental health and social development of children. SEC. 3. Chapter 4 (commencing with Section 4391) is added to Part 4 of Division 4 of the Welfare and Institutions Code, to read: CHAPTER 4. School-Based Early Mental Health Intervention and Prevention Services Support Program 4391. (a) The State Public Health Officer shall establish a four-year pilot program, in consultation with the Superintendent of Public Instruction and the Director of Health Care Services, to encourage and support local decisions to provide funding for the eligible support services as provided in this section. (b) The department shall provide outreach to local education agencies and county mental health agencies to inform individuals responsible for local funding decisions of the program established pursuant to this section. (c) The department shall provide free regional training on all of the following: (1) Eligible support services, which may include any or all of the following: (A) Individual and group intervention and prevention services. (B) Parent involvement through conference or training, or both. (C) Teacher and staff conferences and training related to meeting project goals. (D) Referral to outside resources when eligible pupils require additional services. (E) Use of paraprofessional staff, who are trained and supervised by credentialed school psychologists, school counselors, or school social workers, to meet with pupils on a short-term weekly basis, in a one-on-one setting as in the primary intervention program established pursuant to Chapter 4 (commencing with Section 4343) of Part 3. (F) Any other service or activity that will improve the mental health of eligible pupils. (2) The potential for the eligible support services defined in this section to help fulfill state priorities described by the local control funding formula and local goals described by local control and accountability plans. (3) How educational, mental health, and other funds subject to local control can be used to finance the eligible support services defined in this section. (4) External resources available to support the eligible support services defined in this section, which may include workshops, training, conferences, and peer learning networks. (5) State resources available to support student mental health and positive learning environments, which may include any of the following: (A) Foundational aspects of learning, mental health, toxic stress, childhood trauma, and adverse childhood experiences. (B) Inclusive multitiered systems of behavioral and academic supports, Schoolwide Positive Behavior Interventions and Supports, restorative justice or restorative practices, trauma-informed practices, social and emotional learning, and bullying prevention. (d) The department shall provide technical assistance to local education agencies that provide or seek to provide eligible services defined in this section. Technical assistance shall include assistance in any of the following: (1) Designing programs. (2) Training program staff in intervention skills. (3) Conducting local evaluations. (4) Leveraging educational, mental health, and other funds that are subject to local control and assisting in budget development. (e) In providing outreach pursuant to subdivision (b), training pursuant to subdivision (c), and technical assistance pursuant to subdivision (d), the department shall select and support schoolsites as follows: (1) During the first 18 months of the program, the department shall support, strengthen, and expand the provision of eligible services at 30 schoolsites that previously received funding pursuant to the School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program (Chapter 2 (commencing with Section 4380)) and have continued to provide eligible support services. In working with these selected schoolsites, the department shall develop methods and standards for providing services and practices to new schoolsites. (2) During the subsequent 18 months of the program, the department shall select 30 new schoolsites that are not providing eligible support services but that demonstrate the willingness and capacity to participate in the program. The department shall work with these schoolsites to deliver eligible support services. (3) In selecting schoolsites and providing support, the department shall prioritize geographic diversity, program effectiveness, program efficiency, and long-term program sustainability. (f) The department shall submit, in compliance with Section 9795 of the Government Code, an interim report to the Legislature at the end of the second year of the pilot program that details the department’s work to support the schoolsites selected pursuant to paragraph (1) of subdivision (e) and includes an assessment of the demand and impact of funding for the School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program established pursuant to Chapter 3 (commencing with Section 4390). The department shall make the report available to the public and shall post it on the department’s Internet Web site. (g) The department shall develop an evaluation plan to assess the impact of the pilot program. The department, in compliance with Section 9795 of the Government Code, shall submit a report to the Legislature at the end of the four-year period evaluating the impact of the pilot program and providing recommendations for further implementation. The department shall make the report available to the public and shall post it on the department’s Internet Web site. 4392. This chapter 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.

Existing law, the School-based Early Mental Health Intervention and Prevention Services for Children Act of 1991, authorizes the Director of Health Care Services, in consultation with the Superintendent of Public Instruction, to provide matching grants to local educational agencies to pay the state share of the costs of providing school-based early mental health intervention and prevention services to eligible pupils at schoolsites of eligible pupils, subject to the availability of funding each year. Existing law defines “eligible pupil” for this purpose as a pupil who attends a publicly funded elementary school and who is in kindergarten or grades 1 to 3, inclusive. Existing law also defines “local educational agency” as a school district or county office of education or a state special school. This bill would expand the definition of an eligible pupil to include a pupil who attends a state preschool program at a publicly funded elementary school and a pupil who is in transitional kindergarten, thereby extending the application of the act to those persons. The bill would also include charter schools in the definition of local educational agency, thereby extending the application of the act to those entities. The bill would require the State Public Health Officer, in consultation with the Superintendent of Public Schools and the Director of Health Care Services, to establish a 4-year pilot program, the School-Based Early Mental Health Intervention and Prevention Services Support Program, to provide outreach, free regional training, and technical assistance for local educational agencies in providing mental health services at schoolsites. The bill would require the State Department of Public Health to submit specified reports after 2 and 4 years. The bill would repeal these provisions as of January 1, 2021.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) The State of California has long recognized the mental health needs of California’s children and the value of addressing these needs by supporting the provision of evidence-based mental health services in publicly funded preschools and elementary schools, as evidenced by the creation in 1981 of the Primary Prevention Project, now named the Primary Intervention Program, and the creation in 1991 of the School-based Early Mental Health Intervention and Prevention Services for Children Program, known as the Early Mental Health Initiative (EMHI). (b) From the 1992–93 fiscal year to the 2011–12 fiscal year, the State Department of Mental Health awarded funds each year in matching grants to local education agencies to fund prevention and early intervention programs, including the Primary Intervention Program, for students experiencing mild to moderate school adjustment difficulty through the EMHI. In the 2011–12 fiscal year, the EMHI received $15 million in state funds. (c) Authorizing legislation specified that the EMHI would be deemed successful if at least 75 percent of the children who complete the program show an improvement in at least one of the following four areas: learning behaviors, attendance, school adjustment, and school-related competencies. (d) The EMHI succeeded in meeting these legislative requirements. According to the 2010/2011 Early Mental Health Initiative Statewide Evaluation Report, of the 15,823 students located in 424 elementary schools across 66 school districts participating in EMHI-funded services during the 2010–11 school year, 79 percent exhibited positive social competence and school adjustment behaviors more frequently after completing services. Furthermore, the magnitude of the improvements was exceptional in comparison to evaluations of other programs, especially given the short-term and cost-effective nature of the intervention. (e) The 2010/2011 Early Mental Health Initiative Statewide Evaluation Report described an unmet demand for EMHI-funded services at participating schoolsites, as only 37 percent of the students that scored in the mild to moderate school adjustment difficulty range were served with EMHI-funded services due to program capacity and funding constraints. Based on demographic considerations, similar demand would be expected at schools that did not receive EMHI grants. (f) The Governor’s realignment for the 2011–12 fiscal year renamed the State Department of Mental Health as the State Department of State Hospitals and limited that department’s mission. (g) The Budget Act of 2012 disbursed Proposition 98 funds, which had been used to fund the EMHI, directly to local education agencies in order to provide local schools with enhanced flexibility to manage their finances and give greater control of local decisions. (h) It is in the interest of California’s children, families, schools, and communities that the State of California support local decisions to provide funding for evidence-based services to address the mental health needs of children in publicly funded preschools and elementary schools. (i) Multitiered systems and supports have been developed as model framework within which to implement these services. Pilot programs in the Counties of San Bernardino and Alameda are demonstrating that implementing these services as part of a multitiered system is cost effective, because the cost of the services is more than fully offset by the reduction in the need for high-cost nonpublic school placements. SEC. 2. Section 4372 of the Welfare and Institutions Code is amended to read: 4372. For the purposes of this part, the following definitions shall apply: (a) “Cooperating entity” means any federal, state, or local, public or private nonprofit agency providing school-based early mental health intervention and prevention services that agrees to offer services at a schoolsite through a program assisted under this part. (b) “Eligible pupil” means a pupil who attends a preschool program at a publicly funded elementary school, or who attends a publicly funded elementary school and who is in kindergarten, transitional kindergarten, or grades 1 to 3, inclusive. (c) “Local educational agency” means any school district or county office of education, state special school, or charter school. (d) “Department” means the State Department of Public Health. (e) “Director” means the State Director of Mental Health. (f) “Supportive service” means a service that will enhance the mental health and social development of children. SEC. 3. Chapter 4 (commencing with Section 4391) is added to Part 4 of Division 4 of the Welfare and Institutions Code, to read: CHAPTER 4. School-Based Early Mental Health Intervention and Prevention Services Support Program 4391. (a) The State Public Health Officer shall establish a four-year pilot program, in consultation with the Superintendent of Public Instruction and the Director of Health Care Services, to encourage and support local decisions to provide funding for the eligible support services as provided in this section. (b) The department shall provide outreach to local education agencies and county mental health agencies to inform individuals responsible for local funding decisions of the program established pursuant to this section. (c) The department shall provide free regional training on all of the following: (1) Eligible support services, which may include any or all of the following: (A) Individual and group intervention and prevention services. (B) Parent involvement through conference or training, or both. (C) Teacher and staff conferences and training related to meeting project goals. (D) Referral to outside resources when eligible pupils require additional services. (E) Use of paraprofessional staff, who are trained and supervised by credentialed school psychologists, school counselors, or school social workers, to meet with pupils on a short-term weekly basis, in a one-on-one setting as in the primary intervention program established pursuant to Chapter 4 (commencing with Section 4343) of Part 3. (F) Any other service or activity that will improve the mental health of eligible pupils. (2) The potential for the eligible support services defined in this section to help fulfill state priorities described by the local control funding formula and local goals described by local control and accountability plans. (3) How educational, mental health, and other funds subject to local control can be used to finance the eligible support services defined in this section. (4) External resources available to support the eligible support services defined in this section, which may include workshops, training, conferences, and peer learning networks. (5) State resources available to support student mental health and positive learning environments, which may include any of the following: (A) Foundational aspects of learning, mental health, toxic stress, childhood trauma, and adverse childhood experiences. (B) Inclusive multitiered systems of behavioral and academic supports, Schoolwide Positive Behavior Interventions and Supports, restorative justice or restorative practices, trauma-informed practices, social and emotional learning, and bullying prevention. (d) The department shall provide technical assistance to local education agencies that provide or seek to provide eligible services defined in this section. Technical assistance shall include assistance in any of the following: (1) Designing programs. (2) Training program staff in intervention skills. (3) Conducting local evaluations. (4) Leveraging educational, mental health, and other funds that are subject to local control and assisting in budget development. (e) In providing outreach pursuant to subdivision (b), training pursuant to subdivision (c), and technical assistance pursuant to subdivision (d), the department shall select and support schoolsites as follows: (1) During the first 18 months of the program, the department shall support, strengthen, and expand the provision of eligible services at 30 schoolsites that previously received funding pursuant to the School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program (Chapter 2 (commencing with Section 4380)) and have continued to provide eligible support services. In working with these selected schoolsites, the department shall develop methods and standards for providing services and practices to new schoolsites. (2) During the subsequent 18 months of the program, the department shall select 30 new schoolsites that are not providing eligible support services but that demonstrate the willingness and capacity to participate in the program. The department shall work with these schoolsites to deliver eligible support services. (3) In selecting schoolsites and providing support, the department shall prioritize geographic diversity, program effectiveness, program efficiency, and long-term program sustainability. (f) The department shall submit, in compliance with Section 9795 of the Government Code, an interim report to the Legislature at the end of the second year of the pilot program that details the department’s work to support the schoolsites selected pursuant to paragraph (1) of subdivision (e) and includes an assessment of the demand and impact of funding for the School-Based Early Mental Health Intervention and Prevention Services Matching Grant Program established pursuant to Chapter 3 (commencing with Section 4390). The department shall make the report available to the public and shall post it on the department’s Internet Web site. (g) The department shall develop an evaluation plan to assess the impact of the pilot program. The department, in compliance with Section 9795 of the Government Code, shall submit a report to the Legislature at the end of the four-year period evaluating the impact of the pilot program and providing recommendations for further implementation. The department shall make the report available to the public and shall post it on the department’s Internet Web site. 4392. This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. ### Summary: This bill would enact the School-Based Early Mental Health Intervention and Prevention Services Support Program, which would authorize the State Department of Public Health to establish a four-

The people of the State of California do enact as follows: SECTION 1. Section 30515 of the Penal Code is amended to read: 30515. (a) Notwithstanding Section 30510, “assault weapon” also means any of the following: (1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following: (A) A pistol grip that protrudes conspicuously beneath the action of the weapon. (B) A thumbhole stock. (C) A folding or telescoping stock. (D) A grenade launcher or flare launcher. (E) A flash suppressor. (F) A forward pistol grip. (2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds. (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. (4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following: (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. (B) A second handgrip. (C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel. (D) The capacity to accept a detachable magazine at some location outside of the pistol grip. (5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. (6) A semiautomatic shotgun that has both of the following: (A) A folding or telescoping stock. (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip. (7) A semiautomatic shotgun that has the ability to accept a detachable magazine. (8) Any shotgun with a revolving cylinder. (b) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. (c) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subdivision (d). (d) “Assault weapon” does not include either of the following: (1) Any antique firearm. (2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (c): MANUFACTURER MODEL CALIBER BENELLI MP90 .22LR BENELLI MP90 .32 S&W LONG BENELLI MP95 .22LR BENELLI MP95 .32 S&W LONG HAMMERLI 280 .22LR HAMMERLI 280 .32 S&W LONG HAMMERLI SP20 .22LR HAMMERLI SP20 .32 S&W LONG PARDINI GPO .22 SHORT PARDINI GP-SCHUMANN .22 SHORT PARDINI HP .32 S&W LONG PARDINI MP .32 S&W LONG PARDINI SP .22LR PARDINI SPE .22LR WALTHER GSP .22LR WALTHER GSP .32 S&W LONG WALTHER OSP .22 SHORT WALTHER OSP-2000 .22 SHORT (3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (c) to exempt new models of competitive pistols that would otherwise fall within the definition of “assault weapon” pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant. SEC. 2. Section 30680 is added to the Penal Code, to read: 30680. Section 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable: (a) Prior to January 1, 2017, the person would have been eligible to register that assault weapon pursuant to subdivision (b) of Section 30900. (b) The person lawfully possessed that assault weapon prior to January 1, 2017. (c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900. SEC. 3. Section 30900 of the Penal Code is amended to read: 30900. (a) (1) Any person who, prior to June 1, 1989, lawfully possessed an assault weapon, as defined in former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989, shall register the firearm by January 1, 1991, and any person who lawfully possessed an assault weapon prior to the date it was specified as an assault weapon pursuant to former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended by Section 1 of Chapter 874 of the Statutes of 1990 or Section 3 of Chapter 954 of the Statutes of 1991, shall register the firearm within 90 days with the Department of Justice pursuant to those procedures that the department may establish. (2) Except as provided in Section 30600, any person who lawfully possessed an assault weapon prior to the date it was defined as an assault weapon pursuant to former Section 12276.1, as it read in Section 7 of Chapter 129 of the Statutes of 1999, and which was not specified as an assault weapon under former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, or former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, shall register the firearm by January 1, 2001, with the department pursuant to those procedures that the department may establish. (3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate. (4) The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the reasonable processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act but not to exceed the reasonable costs of the department. The fees shall be deposited into the Dealers’ Record of Sale Special Account. (b) (1) Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, shall register the firearm before January 1, 2018, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5). (2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department. (3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number. (4) The department may charge a fee in an amount of up to fifteen dollars ($15) per person but not to exceed the reasonable processing costs of the department. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to the department. The fee shall be deposited in the Dealers’ Record of Sale Special Account to be used for purposes of this section. (5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

(1) Existing law generally prohibits the possession or transfer of assault weapons, except for the sale, purchase, importation, or possession of assault weapons by specified individuals, including law enforcement officers. Under existing law, “assault weapon” means, among other things, a semiautomatic centerfire rifle or a semiautomatic pistol that has the capacity to accept a detachable magazine and has any one of several specified attributes, including, for rifles, a thumbhole stock, and for pistols, a 2nd handgrip. This bill would revise this definition of “assault weapon” to mean a semiautomatic centerfire rifle or a semiautomatic pistol that does not have a fixed magazine but has any one of those specified attributes. The bill would also define “fixed magazine” to mean an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. By expanding the definition of an existing crime, the bill would impose a state-mandated local program. (2) Existing law requires that any person who, within this state, possesses an assault weapon, except as otherwise provided, be punished as a felony or for a period not to exceed one year in a county jail. This bill would exempt from punishment under that provision a person who possessed an assault weapon prior to January 1, 2017, if specified requirements are met. (3) Existing law requires that, with specified exceptions, any person who, prior to January 1, 2001, lawfully possessed an assault weapon prior to the date it was defined as an assault weapon, and which was not specified as an assault weapon at the time of lawful possession, register the firearm with the Department of Justice. Existing law permits the Department of Justice to charge a fee for registration of up to $20 per person but not to exceed the actual processing costs of the department. Existing law, after the department establishes fees sufficient to reimburse the department for processing costs, requires fees charged to increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act. Existing law requires those fees to be deposited into the Dealers’ Record of Sale Special Account. Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies. This bill would require that any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined, and including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, register the firearm with the Department of Justice before January 1, 2018, but not before the effective date of specified regulations. The bill would permit the department to increase the $20 registration fee as long as it does not exceed the reasonable processing costs of the department. The bill would also require registrations to be submitted electronically via the Internet utilizing a public-facing application made available by the department. The bill would require the registration to contain specified information, including, but not limited to, a description of the firearm that identifies it uniquely and specified information about the registrant. The bill would permit the department to charge a fee of up to $15 per person for registration through the Internet, not to exceed the reasonable processing costs of the department to be paid and deposited, as specified, for purposes of the registration program. The bill would require the department to adopt regulations for the purpose of implementing those provisions and would exempt those regulations from the Administrative Procedure Act. The bill would also make technical and conforming changes. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 30515 of the Penal Code is amended to read: 30515. (a) Notwithstanding Section 30510, “assault weapon” also means any of the following: (1) A semiautomatic, centerfire rifle that does not have a fixed magazine but has any one of the following: (A) A pistol grip that protrudes conspicuously beneath the action of the weapon. (B) A thumbhole stock. (C) A folding or telescoping stock. (D) A grenade launcher or flare launcher. (E) A flash suppressor. (F) A forward pistol grip. (2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds. (3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches. (4) A semiautomatic pistol that does not have a fixed magazine but has any one of the following: (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. (B) A second handgrip. (C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning the bearer’s hand, except a slide that encloses the barrel. (D) The capacity to accept a detachable magazine at some location outside of the pistol grip. (5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. (6) A semiautomatic shotgun that has both of the following: (A) A folding or telescoping stock. (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip. (7) A semiautomatic shotgun that has the ability to accept a detachable magazine. (8) Any shotgun with a revolving cylinder. (b) For purposes of this section, “fixed magazine” means an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action. (c) The Legislature finds a significant public purpose in exempting from the definition of “assault weapon” pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that were used for Olympic target shooting purposes as of January 1, 2001, and that would otherwise fall within the definition of “assault weapon” pursuant to this section are exempt, as provided in subdivision (d). (d) “Assault weapon” does not include either of the following: (1) Any antique firearm. (2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (c): MANUFACTURER MODEL CALIBER BENELLI MP90 .22LR BENELLI MP90 .32 S&W LONG BENELLI MP95 .22LR BENELLI MP95 .32 S&W LONG HAMMERLI 280 .22LR HAMMERLI 280 .32 S&W LONG HAMMERLI SP20 .22LR HAMMERLI SP20 .32 S&W LONG PARDINI GPO .22 SHORT PARDINI GP-SCHUMANN .22 SHORT PARDINI HP .32 S&W LONG PARDINI MP .32 S&W LONG PARDINI SP .22LR PARDINI SPE .22LR WALTHER GSP .22LR WALTHER GSP .32 S&W LONG WALTHER OSP .22 SHORT WALTHER OSP-2000 .22 SHORT (3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (c) to exempt new models of competitive pistols that would otherwise fall within the definition of “assault weapon” pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant. SEC. 2. Section 30680 is added to the Penal Code, to read: 30680. Section 30605 does not apply to the possession of an assault weapon by a person who has possessed the assault weapon prior to January 1, 2017, if all of the following are applicable: (a) Prior to January 1, 2017, the person would have been eligible to register that assault weapon pursuant to subdivision (b) of Section 30900. (b) The person lawfully possessed that assault weapon prior to January 1, 2017. (c) The person registers the assault weapon by January 1, 2018, in accordance with subdivision (b) of Section 30900. SEC. 3. Section 30900 of the Penal Code is amended to read: 30900. (a) (1) Any person who, prior to June 1, 1989, lawfully possessed an assault weapon, as defined in former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989, shall register the firearm by January 1, 1991, and any person who lawfully possessed an assault weapon prior to the date it was specified as an assault weapon pursuant to former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended by Section 1 of Chapter 874 of the Statutes of 1990 or Section 3 of Chapter 954 of the Statutes of 1991, shall register the firearm within 90 days with the Department of Justice pursuant to those procedures that the department may establish. (2) Except as provided in Section 30600, any person who lawfully possessed an assault weapon prior to the date it was defined as an assault weapon pursuant to former Section 12276.1, as it read in Section 7 of Chapter 129 of the Statutes of 1999, and which was not specified as an assault weapon under former Section 12276, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, or former Section 12276.5, as added by Section 3 of Chapter 19 of the Statutes of 1989 or as amended at any time before January 1, 2001, shall register the firearm by January 1, 2001, with the department pursuant to those procedures that the department may establish. (3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that the department may deem appropriate. (4) The department may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the reasonable processing costs of the department. After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for the department’s budget or as otherwise increased through the Budget Act but not to exceed the reasonable costs of the department. The fees shall be deposited into the Dealers’ Record of Sale Special Account. (b) (1) Any person who, from January 1, 2001, to December 31, 2016, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, as defined in Section 30515, including those weapons with an ammunition feeding device that can be readily removed from the firearm with the use of a tool, shall register the firearm before January 1, 2018, but not before the effective date of the regulations adopted pursuant to paragraph (5), with the department pursuant to those procedures that the department may establish by regulation pursuant to paragraph (5). (2) Registrations shall be submitted electronically via the Internet utilizing a public-facing application made available by the department. (3) The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the date the firearm was acquired, the name and address of the individual from whom, or business from which, the firearm was acquired, as well as the registrant’s full name, address, telephone number, date of birth, sex, height, weight, eye color, hair color, and California driver’s license number or California identification card number. (4) The department may charge a fee in an amount of up to fifteen dollars ($15) per person but not to exceed the reasonable processing costs of the department. The fee shall be paid by debit or credit card at the time that the electronic registration is submitted to the department. The fee shall be deposited in the Dealers’ Record of Sale Special Account to be used for purposes of this section. (5) The department shall adopt regulations for the purpose of implementing this subdivision. These regulations are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 399.16 of the Public Utilities Code is amended to read: 399.16. (a) Various electricity products from eligible renewable energy resources located within the WECC transmission network service area shall be eligible to comply with the renewables portfolio standard procurement requirements in Section 399.15. These electricity products may be differentiated by their impacts on the operation of the grid in supplying electricity, as well as, meeting the requirements of this article. (b) Consistent with the goals of procuring the least-cost and best-fit electricity products from eligible renewable energy resources that meet project viability principles adopted by the commission pursuant to paragraph (4) of subdivision (a) of Section 399.13 and that provide the benefits set forth in Section 399.11, a balanced portfolio of eligible renewable energy resources shall be procured consisting of the following portfolio content categories: (1) Eligible renewable energy resource electricity products that meet any of the following criteria: (A) Have a first point of interconnection with a California balancing authority, have a first point of interconnection with distribution facilities used to serve end users within a California balancing authority area, or are scheduled from the eligible renewable energy resource into a California balancing authority without substituting electricity from another source. The use of another source to provide real-time ancillary services required to maintain an hourly or subhourly import schedule into a California balancing authority shall be permitted, but only the fraction of the schedule actually generated by the eligible renewable energy resource shall count toward this portfolio content category. (B) Have an agreement to dynamically transfer electricity to a California balancing authority. (C) Unbundled renewable Renewable energy credits that are earned by electricity that is generated by an entity that, if it were a person or corporation, would be excluded from the definition of an electrical corporation by operation of subdivision (c) or (d) of Section 218, that meets the criteria of subparagraph (A), and where the electricity generated that earned the credit is used at a wastewater treatment facility that is owned by a public entity and first put into service on or after January 1, 2016. consistent with the following requirements: (i) The generating facility earning the renewable energy credit meets the criteria of subparagraph (A). (ii) The electricity generated that earned the renewable energy credit is used at a wastewater treatment facility that is owned by a public entity. (iii) The generating capability of the wastewater treatment facility that earned the renewable energy credit is first put into service on or after January 1, 2016. For these purposes, “generating capability” includes new or additional generation of electricity at a wastewater treatment facility that is the result of capital investment or operational changes made to the facility on or after January 1, 2016, that result in incremental increases in generation at the facility, as well as repowered wastewater facilities. (iv) The wastewater treatment facility does not participate in the small-scale bioenergy feed-in tariff program established by the commission pursuant to Section 399.20. (2) Firmed and shaped eligible renewable energy resource electricity products providing incremental electricity and scheduled into a California balancing authority. (3) Eligible renewable energy resource electricity products, or any fraction of the electricity generated, including unbundled renewable energy credits, that do not qualify under the criteria of paragraph (1) or (2). (c) In order to achieve a balanced portfolio, all retail sellers shall meet the following requirements for all procurement credited toward each compliance period: (1) Not less than 50 percent for the compliance period ending December 31, 2013, 65 percent for the compliance period ending December 31, 2016, and 75 percent thereafter of the eligible renewable energy resource electricity products associated with contracts executed after June 1, 2010, shall meet the product content requirements of paragraph (1) of subdivision (b). (2) Not more than 25 percent for the compliance period ending December 31, 2013, 15 percent for the compliance period ending December 31, 2016, and 10 percent thereafter of the eligible renewable energy resource electricity products associated with contracts executed after June 1, 2010, shall meet the product content requirements of paragraph (3) of subdivision (b). (3) Any renewable energy resources contracts executed on or after June 1, 2010, not subject to the limitations of paragraph (1) or (2), shall meet the product content requirements of paragraph (2) of subdivision (b). (4) For purposes of electric service providers only, the restrictions in this subdivision on crediting eligible renewable energy resource electricity products to each compliance period shall apply to contracts executed after January 13, 2011. (d) Any contract or ownership agreement originally executed prior to June 1, 2010, shall count in full toward the procurement requirements established pursuant to this article, if all of the following conditions are met: (1) The renewable energy resource was eligible under the rules in place as of the date when the contract was executed. (2) For an electrical corporation, the contract has been approved by the commission, even if that approval occurs after June 1, 2010. (3) Any contract amendments or modifications occurring after June 1, 2010, do not increase the nameplate capacity or expected quantities of annual generation, or substitute a different renewable energy resource. The duration of the contract may be extended if the original contract specified a procurement commitment of 15 or more years. (e) A retail seller may apply to the commission for a reduction of a procurement content requirement of subdivision (c). The commission may reduce a procurement content requirement of subdivision (c) to the extent the retail seller demonstrates that it cannot comply with that subdivision because of conditions beyond the control of the retail seller as provided in paragraph (5) of subdivision (b) of Section 399.15. The commission shall not, under any circumstance, reduce the obligation specified in paragraph (1) of subdivision (c) below 65 percent for any compliance obligation after December 31, 2016. (f) (1) A public entity selling renewable energy credits that are eligible for treatment pursuant to subparagraph (C) of paragraph (1) of subdivision (b) shall not make any marketing or advertising claims regarding the renewable attributes of the electricity that earned the renewable energy credit. All renewable attributes of the electricity that earned the renewable energy credit are transferred to the purchaser of the renewable energy credit. (2) For purposes of calculating the renewables portfolio standard procurement obligations for a retail seller pursuant to Section 399.15, and for a local publicly owned electric utility pursuant to Section 399.30, the electricity generated that earned the renewable energy credit that is eligible for treatment pursuant to subparagraph (C) of paragraph (1) of subdivision (b) and is sold by the public entity shall be added to the total retail sales of the retail seller or local publicly owned electric utility that purchases the renewable energy credit.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. The existing definition of an electrical corporation excludes from that definition a corporation or person employing landfill gas technology or digester gas technology for the generation of electricity for (1) its own use or the use of not more than 2 of its tenants located on the real property on which the electricity is generated, (2) the use of or sale to not more than 2 other corporations or persons solely for use on the real property on which the electricity is generated, or (3) the sale or transmission to an electrical corporation or state or local public agency, if the sale or transmission of the electricity service to a retail customer is provided through the transmission system of the existing local publicly owned electric utility or electrical corporation of that retail customer. The California Renewables Portfolio Standard Program requires the Public Utilities Commission to establish a renewables portfolio standard requiring all retail sellers, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources, as defined, at specified percentages of the total kilowatthours sold to their retail end-customers during specified compliance periods. The program additionally requires each local publicly owned electric utility, as defined, to procure a minimum quantity of electricity products from eligible renewable energy resources to achieve the targets established by the program. The program, consistent with the goals of procuring the least-cost and best-fit eligible renewable energy resources that meet project viability principles, requires that all retail sellers procure a balanced portfolio of electricity products from eligible renewable energy resources, as specified, referred to as the portfolio content requirements. Existing law requires every electrical corporation to file with the commission a standard tariff for electricity generated by an electric generation facility, as defined, that qualifies for the tariff, is owned and operated by a retail customer of the electrical corporation, and is located within the service territory of, and developed to sell electricity to, the electrical corporation. This tariff requirement is known as the renewable feed-in tariff program. The program additionally requires the commission, by June 1, 2013, to direct the electrical corporations to collectively procure at least 250 megawatts of cumulative rated generating capacity from developers of bioenergy projects that commence operation on or after June 1, 2013. Pursuant to this requirement, the commission has established the small-scale bioenergy feed-in tariff program. This bill would provide that unbundled renewable energy credits may be used to meet the first category of the portfolio content requirements if (1) the credits are earned by electricity that is generated by an entity that, if it were a person or corporation, would be excluded from the definition of an electrical corporation by operation of the exclusions for a corporation or person employing landfill gas technology or digester gas technology, (2) the entity employing the landfill gas technology or digester gas technology has a first point of interconnection with a California balancing authority, a first point of interconnection with distribution facilities used to serve end users within a California balancing authority area, or are is scheduled from the eligible renewable energy resource into a California balancing authority without substituting electricity from another source, and (3) where the electricity generated that earned the credit is used at a wastewater treatment facility that is owned by a public entity and entity, (4) the generating capability, as specified, of the wastewater treatment facility that earned the renewable energy credit is first put into service on or after January 1, 2016. 2016, and (5) the wastewater treatment facility does not participate in the small-scale bioenergy feed-in tariff program. The bill would prohibit a public entity, selling renewable energy that is eligible to meet the first category of the portfolio content requirements pursuant to the bill’s provisions, from making any marketing or advertising claims regarding the renewable attributes of the electricity that earned the renewable energy credit. The bill would require that the electricity generated that earned the renewable energy credit that is sold by the public entity be added to the total retail sales of the retail seller or local publicly owned electric utility purchasing the renewable energy credit for purposes of determining their renewables portfolio standard procurement requirements.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 399.16 of the Public Utilities Code is amended to read: 399.16. (a) Various electricity products from eligible renewable energy resources located within the WECC transmission network service area shall be eligible to comply with the renewables portfolio standard procurement requirements in Section 399.15. These electricity products may be differentiated by their impacts on the operation of the grid in supplying electricity, as well as, meeting the requirements of this article. (b) Consistent with the goals of procuring the least-cost and best-fit electricity products from eligible renewable energy resources that meet project viability principles adopted by the commission pursuant to paragraph (4) of subdivision (a) of Section 399.13 and that provide the benefits set forth in Section 399.11, a balanced portfolio of eligible renewable energy resources shall be procured consisting of the following portfolio content categories: (1) Eligible renewable energy resource electricity products that meet any of the following criteria: (A) Have a first point of interconnection with a California balancing authority, have a first point of interconnection with distribution facilities used to serve end users within a California balancing authority area, or are scheduled from the eligible renewable energy resource into a California balancing authority without substituting electricity from another source. The use of another source to provide real-time ancillary services required to maintain an hourly or subhourly import schedule into a California balancing authority shall be permitted, but only the fraction of the schedule actually generated by the eligible renewable energy resource shall count toward this portfolio content category. (B) Have an agreement to dynamically transfer electricity to a California balancing authority. (C) Unbundled renewable Renewable energy credits that are earned by electricity that is generated by an entity that, if it were a person or corporation, would be excluded from the definition of an electrical corporation by operation of subdivision (c) or (d) of Section 218, that meets the criteria of subparagraph (A), and where the electricity generated that earned the credit is used at a wastewater treatment facility that is owned by a public entity and first put into service on or after January 1, 2016. consistent with the following requirements: (i) The generating facility earning the renewable energy credit meets the criteria of subparagraph (A). (ii) The electricity generated that earned the renewable energy credit is used at a wastewater treatment facility that is owned by a public entity. (iii) The generating capability of the wastewater treatment facility that earned the renewable energy credit is first put into service on or after January 1, 2016. For these purposes, “generating capability” includes new or additional generation of electricity at a wastewater treatment facility that is the result of capital investment or operational changes made to the facility on or after January 1, 2016, that result in incremental increases in generation at the facility, as well as repowered wastewater facilities. (iv) The wastewater treatment facility does not participate in the small-scale bioenergy feed-in tariff program established by the commission pursuant to Section 399.20. (2) Firmed and shaped eligible renewable energy resource electricity products providing incremental electricity and scheduled into a California balancing authority. (3) Eligible renewable energy resource electricity products, or any fraction of the electricity generated, including unbundled renewable energy credits, that do not qualify under the criteria of paragraph (1) or (2). (c) In order to achieve a balanced portfolio, all retail sellers shall meet the following requirements for all procurement credited toward each compliance period: (1) Not less than 50 percent for the compliance period ending December 31, 2013, 65 percent for the compliance period ending December 31, 2016, and 75 percent thereafter of the eligible renewable energy resource electricity products associated with contracts executed after June 1, 2010, shall meet the product content requirements of paragraph (1) of subdivision (b). (2) Not more than 25 percent for the compliance period ending December 31, 2013, 15 percent for the compliance period ending December 31, 2016, and 10 percent thereafter of the eligible renewable energy resource electricity products associated with contracts executed after June 1, 2010, shall meet the product content requirements of paragraph (3) of subdivision (b). (3) Any renewable energy resources contracts executed on or after June 1, 2010, not subject to the limitations of paragraph (1) or (2), shall meet the product content requirements of paragraph (2) of subdivision (b). (4) For purposes of electric service providers only, the restrictions in this subdivision on crediting eligible renewable energy resource electricity products to each compliance period shall apply to contracts executed after January 13, 2011. (d) Any contract or ownership agreement originally executed prior to June 1, 2010, shall count in full toward the procurement requirements established pursuant to this article, if all of the following conditions are met: (1) The renewable energy resource was eligible under the rules in place as of the date when the contract was executed. (2) For an electrical corporation, the contract has been approved by the commission, even if that approval occurs after June 1, 2010. (3) Any contract amendments or modifications occurring after June 1, 2010, do not increase the nameplate capacity or expected quantities of annual generation, or substitute a different renewable energy resource. The duration of the contract may be extended if the original contract specified a procurement commitment of 15 or more years. (e) A retail seller may apply to the commission for a reduction of a procurement content requirement of subdivision (c). The commission may reduce a procurement content requirement of subdivision (c) to the extent the retail seller demonstrates that it cannot comply with that subdivision because of conditions beyond the control of the retail seller as provided in paragraph (5) of subdivision (b) of Section 399.15. The commission shall not, under any circumstance, reduce the obligation specified in paragraph (1) of subdivision (c) below 65 percent for any compliance obligation after December 31, 2016. (f) (1) A public entity selling renewable energy credits that are eligible for treatment pursuant to subparagraph (C) of paragraph (1) of subdivision (b) shall not make any marketing or advertising claims regarding the renewable attributes of the electricity that earned the renewable energy credit. All renewable attributes of the electricity that earned the renewable energy credit are transferred to the purchaser of the renewable energy credit. (2) For purposes of calculating the renewables portfolio standard procurement obligations for a retail seller pursuant to Section 399.15, and for a local publicly owned electric utility pursuant to Section 399.30, the electricity generated that earned the renewable energy credit that is eligible for treatment pursuant to subparagraph (C) of paragraph (1) of subdivision (b) and is sold by the public entity shall be added to the total retail sales of the retail seller or local publicly owned electric utility that purchases the renewable energy credit. ### 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 115800 of the Health and Safety Code is amended to read: 115800. (a) An operator of a skateboard park shall not permit a person to ride a skateboard or other wheeled recreational device in the skateboard park, unless that person is wearing a helmet, elbow pads, and knee pads. (b) With respect to a facility, owned or operated by a local public agency, that is designed and maintained for the purpose of riding a recreational skateboard or other wheeled recreational device, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: (1) Adoption by the local public agency of an ordinance requiring a person riding a skateboard or other wheeled recreational device at the facility to wear a helmet, elbow pads, and knee pads. (2) The posting of signs at the facility affording reasonable notice that a person riding a skateboard or other wheeled recreational device in the facility must wear a helmet, elbow pads, and knee pads, and that a person failing to do so will be subject to citation pursuant to the ordinance required by paragraph (1). (c) “Local public agency” for purposes of this section includes, but is not limited to, a city, county, or city and county. (d) For purposes of this section, “other wheeled recreational device” means nonmotorized bicycles, scooters, in-line skates, roller skates, or wheelchairs. (e) (1) Riding a skateboard or other wheeled recreational device, or any concurrent combination of these activities at a facility or park owned or operated by a public entity as a public skateboard park, as provided in paragraph (3), shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code if all of the following conditions are met: (A) The person riding the skateboard or other wheeled recreational device is 12 years of age or older. (B) The riding of the skateboard or other wheeled recreational device that caused the injury was stunt, trick, or luge riding. (C) The skateboard park is on public property that complies with subdivision (a) or (b). (2) In addition to subdivision (c) of Section 831.7 of the Government Code, this section does not limit the liability of a public entity with respect to any other duty imposed pursuant to existing law, including the duty to protect against dangerous conditions of public property pursuant to Chapter 2 (commencing with Section 830) of Part 2 of Division 3.6 of Title 1 of the Government Code. However, this section does not abrogate or limit any other legal rights, defenses, or immunities that may otherwise be available at law. (3) (A) Except as provided in subparagraph (B), for public skateboard parks that were constructed on or before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2001. For public skateboard parks that are constructed after January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998. For purposes of this subdivision, a skateboard facility that is a movable facility shall be deemed constructed on the first date it is initially made available for use at a location by the local public agency. (B) For public skateboard parks that were constructed after January 1, 1996, and before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 2012. (4) The appropriate local public agency shall maintain a record of all known or reported injuries incurred by a person riding a skateboard or other wheeled recreational device in a public skateboard park or facility. The local public agency shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency. Copies of the records of claims and lawsuits shall be filed annually, no later than January 30 each year, with the Assembly Committee on Judiciary and the Senate Committee on Judiciary. (5) (A) Except as provided in subparagraph (B), this subdivision shall not apply on or after January 1, 2001, to public skateboard parks that were constructed on or before January 1, 1998, but shall continue to apply to public skateboard parks that are constructed after January 1, 1998. (B) On and after January 1, 2012, this subdivision shall apply to public skateboard parks that were constructed on or after January 1, 1996. (6) For purposes of injuries that occur while operating one of the other wheeled recreational devices described in subdivision (d) in a skateboard facility, this subdivision shall apply to any claim for injuries occurring on or after January 1, 2016. (f) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 2. Section 115800 is added to the Health and Safety Code, to read: 115800. (a) An operator of a skateboard park shall not permit a person to ride a skateboard in the park, unless that person is wearing a helmet, elbow pads, and knee pads. (b) With respect to a facility, owned or operated by a local public agency, that is designed and maintained for the purpose of riding a recreational skateboard, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: (1) Adoption by the local public agency of an ordinance requiring a person riding a skateboard at the facility to wear a helmet, elbow pads, and knee pads. (2) The posting of signs at the facility affording reasonable notice that a person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and that a person failing to do so will be subject to citation under the ordinance required by paragraph (1). (c) “Local public agency” for purposes of this section includes, but is not limited to, a city, county, or city and county. (d) (1)   Riding a skateboard at a facility or park owned or operated by a public entity as a public skateboard park, as provided in paragraph (3), shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code if all of the following conditions are met: (A) The person riding the skateboard is 12 years of age or older. (B) The riding of the skateboard that caused the injury was stunt, trick, or luge riding. (C) The skateboard park is on public property that complies with subdivision (a) or (b). (2) In addition to subdivision (c) of Section 831.7 of the Government Code, this section does not limit the liability of a public entity with respect to any other duty imposed pursuant to existing law, including the duty to protect against dangerous conditions of public property pursuant to Chapter 2 (commencing with Section 830) of Part 2 of Division 3.6 of Title 1 of the Government Code. However, this section does not abrogate or limit any other legal rights, defenses, or immunities that may otherwise be available at law. (3) (A)   Except as provided in subparagraph (B), for public skateboard parks that were constructed on or before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2001. For public skateboard parks that are constructed after January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998. For purposes of this subdivision, a skateboard facility that is a movable facility shall be deemed constructed on the first date it is initially made available for use at a location by the local public agency. (B) For public skateboard parks that were constructed after January 1, 1996, and before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 2012. (4) The appropriate local public agency shall maintain a record of all known or reported injuries incurred by a person riding a skateboard in a public skateboard park or facility. The local public agency shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency. Copies of the records of claims and lawsuits shall be filed annually, no later than January 30 each year, with the Assembly Committee on Judiciary and the Senate Committee on Judiciary. (5) (A)   Except as provided in subparagraph (B), this subdivision shall not apply on or after January 1, 2001, to public skateboard parks that were constructed on or before January 1, 1998, but shall continue to apply to public skateboard parks that are constructed after January 1, 1998. (B) On and after January 1, 2012, this subdivision shall apply to public skateboard parks that were constructed on or after January 1, 1996. (e) This section shall become operative on January 1, 2020.

Existing law prohibits an operator of a skateboard park from permitting a person to ride a skateboard at the park, unless the person is wearing a helmet, elbow pads, and knee pads. Existing law provides that a skateboard facility owned or operated by a local public agency that is not supervised on a regular basis may satisfy the above requirement if it complies with certain things, including the adoption of an ordinance that requires a person riding a skateboard in the facility to wear a helmet, elbow pads, and knee pads, as provided. Existing law provides that a public entity is not liable to a person who participates in a hazardous recreational activity, and that skateboarding at a facility owned or operated by a public entity as a public skateboard park is a hazardous recreational activity, if certain conditions are met. This bill would apply the above provisions, and others relating to skateboard safety and liability, to other wheeled recreational devices, as defined, until January 1, 2020.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 115800 of the Health and Safety Code is amended to read: 115800. (a) An operator of a skateboard park shall not permit a person to ride a skateboard or other wheeled recreational device in the skateboard park, unless that person is wearing a helmet, elbow pads, and knee pads. (b) With respect to a facility, owned or operated by a local public agency, that is designed and maintained for the purpose of riding a recreational skateboard or other wheeled recreational device, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: (1) Adoption by the local public agency of an ordinance requiring a person riding a skateboard or other wheeled recreational device at the facility to wear a helmet, elbow pads, and knee pads. (2) The posting of signs at the facility affording reasonable notice that a person riding a skateboard or other wheeled recreational device in the facility must wear a helmet, elbow pads, and knee pads, and that a person failing to do so will be subject to citation pursuant to the ordinance required by paragraph (1). (c) “Local public agency” for purposes of this section includes, but is not limited to, a city, county, or city and county. (d) For purposes of this section, “other wheeled recreational device” means nonmotorized bicycles, scooters, in-line skates, roller skates, or wheelchairs. (e) (1) Riding a skateboard or other wheeled recreational device, or any concurrent combination of these activities at a facility or park owned or operated by a public entity as a public skateboard park, as provided in paragraph (3), shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code if all of the following conditions are met: (A) The person riding the skateboard or other wheeled recreational device is 12 years of age or older. (B) The riding of the skateboard or other wheeled recreational device that caused the injury was stunt, trick, or luge riding. (C) The skateboard park is on public property that complies with subdivision (a) or (b). (2) In addition to subdivision (c) of Section 831.7 of the Government Code, this section does not limit the liability of a public entity with respect to any other duty imposed pursuant to existing law, including the duty to protect against dangerous conditions of public property pursuant to Chapter 2 (commencing with Section 830) of Part 2 of Division 3.6 of Title 1 of the Government Code. However, this section does not abrogate or limit any other legal rights, defenses, or immunities that may otherwise be available at law. (3) (A) Except as provided in subparagraph (B), for public skateboard parks that were constructed on or before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2001. For public skateboard parks that are constructed after January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998. For purposes of this subdivision, a skateboard facility that is a movable facility shall be deemed constructed on the first date it is initially made available for use at a location by the local public agency. (B) For public skateboard parks that were constructed after January 1, 1996, and before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 2012. (4) The appropriate local public agency shall maintain a record of all known or reported injuries incurred by a person riding a skateboard or other wheeled recreational device in a public skateboard park or facility. The local public agency shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency. Copies of the records of claims and lawsuits shall be filed annually, no later than January 30 each year, with the Assembly Committee on Judiciary and the Senate Committee on Judiciary. (5) (A) Except as provided in subparagraph (B), this subdivision shall not apply on or after January 1, 2001, to public skateboard parks that were constructed on or before January 1, 1998, but shall continue to apply to public skateboard parks that are constructed after January 1, 1998. (B) On and after January 1, 2012, this subdivision shall apply to public skateboard parks that were constructed on or after January 1, 1996. (6) For purposes of injuries that occur while operating one of the other wheeled recreational devices described in subdivision (d) in a skateboard facility, this subdivision shall apply to any claim for injuries occurring on or after January 1, 2016. (f) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. SEC. 2. Section 115800 is added to the Health and Safety Code, to read: 115800. (a) An operator of a skateboard park shall not permit a person to ride a skateboard in the park, unless that person is wearing a helmet, elbow pads, and knee pads. (b) With respect to a facility, owned or operated by a local public agency, that is designed and maintained for the purpose of riding a recreational skateboard, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: (1) Adoption by the local public agency of an ordinance requiring a person riding a skateboard at the facility to wear a helmet, elbow pads, and knee pads. (2) The posting of signs at the facility affording reasonable notice that a person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and that a person failing to do so will be subject to citation under the ordinance required by paragraph (1). (c) “Local public agency” for purposes of this section includes, but is not limited to, a city, county, or city and county. (d) (1)   Riding a skateboard at a facility or park owned or operated by a public entity as a public skateboard park, as provided in paragraph (3), shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code if all of the following conditions are met: (A) The person riding the skateboard is 12 years of age or older. (B) The riding of the skateboard that caused the injury was stunt, trick, or luge riding. (C) The skateboard park is on public property that complies with subdivision (a) or (b). (2) In addition to subdivision (c) of Section 831.7 of the Government Code, this section does not limit the liability of a public entity with respect to any other duty imposed pursuant to existing law, including the duty to protect against dangerous conditions of public property pursuant to Chapter 2 (commencing with Section 830) of Part 2 of Division 3.6 of Title 1 of the Government Code. However, this section does not abrogate or limit any other legal rights, defenses, or immunities that may otherwise be available at law. (3) (A)   Except as provided in subparagraph (B), for public skateboard parks that were constructed on or before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2001. For public skateboard parks that are constructed after January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998. For purposes of this subdivision, a skateboard facility that is a movable facility shall be deemed constructed on the first date it is initially made available for use at a location by the local public agency. (B) For public skateboard parks that were constructed after January 1, 1996, and before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 2012. (4) The appropriate local public agency shall maintain a record of all known or reported injuries incurred by a person riding a skateboard in a public skateboard park or facility. The local public agency shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency. Copies of the records of claims and lawsuits shall be filed annually, no later than January 30 each year, with the Assembly Committee on Judiciary and the Senate Committee on Judiciary. (5) (A)   Except as provided in subparagraph (B), this subdivision shall not apply on or after January 1, 2001, to public skateboard parks that were constructed on or before January 1, 1998, but shall continue to apply to public skateboard parks that are constructed after January 1, 1998. (B) On and after January 1, 2012, this subdivision shall apply to public skateboard parks that were constructed on or after January 1, 1996. (e) This section shall become operative on January 1, 2020. ### 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 40204 of the Vehicle Code is amended to read: 40204. (a) If the parking penalty is received by the person authorized to receive the deposit of the parking penalty and there is no contest as to that parking violation, the proceedings under this article shall terminate. (b) The issuing agency may, consistent with the written guidelines established by the agency, allow payment of the parking penalty in installments if the violator provides evidence satisfactory to the issuing agency of an inability to pay the parking penalty in full. SEC. 2. Section 40215 of the Vehicle Code is amended to read: 40215. (a) For a period of 21 calendar days from the issuance of a notice of parking violation or 14 calendar days from the mailing of a notice of delinquent parking violation, exclusive of any days from the day the processing agency receives a request for a copy or facsimile of the original notice of parking violation pursuant to Section 40206.5 and the day the processing agency complies with the request, a person may request an initial review of the notice by the issuing agency. The request may be made by telephone, in writing, or in person. There shall be no charge for this review. If, following the initial review, the issuing agency is satisfied that the violation did not occur, that the registered owner was not responsible for the violation, or that extenuating circumstances make dismissal of the citation appropriate in the interest of justice, the issuing agency shall cancel the notice of parking violation or notice of delinquent parking violation. The issuing agency shall advise the processing agency, if any, of the cancellation. The issuing agency or the processing agency shall mail the results of the initial review to the person contesting the notice, and, if following that review, cancellation of the notice does not occur, include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedure adopted pursuant to subdivision (b) for waiving prepayment of the parking penalty based upon an inability to pay. (b) If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the violation no later than 21 calendar days following the mailing of the results of the issuing agency’s initial review. The request may be made by telephone, in writing, or in person. The person requesting an administrative hearing shall deposit the amount of the parking penalty with the processing agency. The issuing agency shall adopt a written procedure to allow a person to request an administrative hearing without payment of the parking penalty upon satisfactory proof of an inability to pay the amount due. After January 1, 1996, an administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to this article. The person requesting the hearing may request one continuance, not to exceed 21 calendar days. (c) The administrative hearing process shall include the following: (1) The person requesting a hearing shall have the choice of a hearing by mail or in person. An in-person hearing shall be conducted within the jurisdiction of the issuing agency. If an issuing agency contracts with an administrative provider, hearings shall be held within the jurisdiction of the issuing agency or within the county of the issuing agency. (2) If the person requesting a hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility for the parking violation without the necessity of the appointment of a guardian. The processing agency may proceed against the minor in the same manner as against an adult. (3) The administrative hearing shall be conducted in accordance with written procedures established by the issuing agency and approved by the governing body or chief executive officer of the issuing agency. The hearing shall provide an independent, objective, fair, and impartial review of contested parking violations. (4) (A) The issuing agency’s governing body or chief executive officer shall appoint or contract with qualified examiners or administrative hearing providers that employ qualified examiners to conduct the administrative hearings. Examiners shall demonstrate those qualifications, training, and objectivity necessary to conduct a fair and impartial review. An examiner shall not be employed, managed, or controlled by a person whose primary duties are parking enforcement or parking citation, processing, collection, or issuance. The examiner shall be separate and independent from the citation collection or processing function. An examiner’s continued employment, performance evaluation, compensation, and benefits shall not, directly or indirectly, be linked to the amount of fines collected by the examiner. (B) Examiners shall have a minimum of 20 hours of training. The examiner is responsible for the costs of the training. The issuing agency may reimburse the examiner for those costs. Training may be provided through (i) an accredited college or university, (ii) a program conducted by the Commission on Peace Officer Standards and Training, (iii) American Arbitration Association or a similar established organization, or (iv) through any program approved by the governing board of the issuing agency, including a program developed and provided by, or for, the agency. Training programs may include topics relevant to the administrative hearing, including, but not limited to, applicable laws and regulations, parking enforcement procedures, due process, evaluation of evidence, hearing procedures, and effective oral and written communication. Upon the approval of the governing board of the issuing agency, up to 12 hours of relevant experience may be substituted for up to 12 hours of training. In addition, up to eight hours of the training requirements described in this subparagraph may be credited to an individual, at the discretion of the governing board of the issuing agency, based upon training programs or courses described in (i) to (iv), inclusive, that the individual attended within the last five years. (5) The officer or person who issues a notice of parking violation shall not be required to participate in an administrative hearing. The issuing agency shall not be required to produce any evidence other than the notice of parking violation or copy thereof and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. The documentation in proper form shall be prima facie evidence of the violation. (6) The examiner’s decision following the administrative hearing may be personally delivered to the person by the examiner or sent by first-class mail, and, if the notice is not cancelled, include a written reason for that denial. (7) The examiner or the issuing agency may, at any stage of the initial review or the administrative hearing process, and consistent with the written guidelines established by the issuing agency, allow payment of the parking penalty in installments, or the issuing agency may allow for deferred payment, if the person provides evidence satisfactory to the examiner or the issuing agency, as the case may be, of an inability to pay the parking penalty in full. If authorized by the governing board of the issuing agency, the examiner may permit the performance of community service in lieu of payment of a parking penalty. (d) The provisions of this section relating to the administrative appeal process do not apply to an issuing agency that is a law enforcement agency if the issuing agency does not also act as the processing agency.

Existing law establishes a process by which a person who has received a notice of a parking violation or a notice of a delinquent parking violation may contest the notice. Existing law provides for an administrative hearing, conducted by an examiner, as specified, as part of that process. If after the hearing the examiner determines that the person committed the violation, existing law authorizes the examiner to allow the person to pay the penalty for the violation in installments, and authorizes the agency that issued the notice to allow deferred payment of the penalty or payment of the penalty in installments if the person provides satisfactory evidence of an inability to pay the penalty in full. This bill would authorize the examiner or the issuing agency to allow payment of the penalty in installments, or allow the issuing agency to allow deferred payment of the penalty, at any stage of the process described above. This bill would also authorize the issuing agency to allow payment of the penalty in installments if the person does not contest the violation.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 40204 of the Vehicle Code is amended to read: 40204. (a) If the parking penalty is received by the person authorized to receive the deposit of the parking penalty and there is no contest as to that parking violation, the proceedings under this article shall terminate. (b) The issuing agency may, consistent with the written guidelines established by the agency, allow payment of the parking penalty in installments if the violator provides evidence satisfactory to the issuing agency of an inability to pay the parking penalty in full. SEC. 2. Section 40215 of the Vehicle Code is amended to read: 40215. (a) For a period of 21 calendar days from the issuance of a notice of parking violation or 14 calendar days from the mailing of a notice of delinquent parking violation, exclusive of any days from the day the processing agency receives a request for a copy or facsimile of the original notice of parking violation pursuant to Section 40206.5 and the day the processing agency complies with the request, a person may request an initial review of the notice by the issuing agency. The request may be made by telephone, in writing, or in person. There shall be no charge for this review. If, following the initial review, the issuing agency is satisfied that the violation did not occur, that the registered owner was not responsible for the violation, or that extenuating circumstances make dismissal of the citation appropriate in the interest of justice, the issuing agency shall cancel the notice of parking violation or notice of delinquent parking violation. The issuing agency shall advise the processing agency, if any, of the cancellation. The issuing agency or the processing agency shall mail the results of the initial review to the person contesting the notice, and, if following that review, cancellation of the notice does not occur, include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedure adopted pursuant to subdivision (b) for waiving prepayment of the parking penalty based upon an inability to pay. (b) If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the violation no later than 21 calendar days following the mailing of the results of the issuing agency’s initial review. The request may be made by telephone, in writing, or in person. The person requesting an administrative hearing shall deposit the amount of the parking penalty with the processing agency. The issuing agency shall adopt a written procedure to allow a person to request an administrative hearing without payment of the parking penalty upon satisfactory proof of an inability to pay the amount due. After January 1, 1996, an administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to this article. The person requesting the hearing may request one continuance, not to exceed 21 calendar days. (c) The administrative hearing process shall include the following: (1) The person requesting a hearing shall have the choice of a hearing by mail or in person. An in-person hearing shall be conducted within the jurisdiction of the issuing agency. If an issuing agency contracts with an administrative provider, hearings shall be held within the jurisdiction of the issuing agency or within the county of the issuing agency. (2) If the person requesting a hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility for the parking violation without the necessity of the appointment of a guardian. The processing agency may proceed against the minor in the same manner as against an adult. (3) The administrative hearing shall be conducted in accordance with written procedures established by the issuing agency and approved by the governing body or chief executive officer of the issuing agency. The hearing shall provide an independent, objective, fair, and impartial review of contested parking violations. (4) (A) The issuing agency’s governing body or chief executive officer shall appoint or contract with qualified examiners or administrative hearing providers that employ qualified examiners to conduct the administrative hearings. Examiners shall demonstrate those qualifications, training, and objectivity necessary to conduct a fair and impartial review. An examiner shall not be employed, managed, or controlled by a person whose primary duties are parking enforcement or parking citation, processing, collection, or issuance. The examiner shall be separate and independent from the citation collection or processing function. An examiner’s continued employment, performance evaluation, compensation, and benefits shall not, directly or indirectly, be linked to the amount of fines collected by the examiner. (B) Examiners shall have a minimum of 20 hours of training. The examiner is responsible for the costs of the training. The issuing agency may reimburse the examiner for those costs. Training may be provided through (i) an accredited college or university, (ii) a program conducted by the Commission on Peace Officer Standards and Training, (iii) American Arbitration Association or a similar established organization, or (iv) through any program approved by the governing board of the issuing agency, including a program developed and provided by, or for, the agency. Training programs may include topics relevant to the administrative hearing, including, but not limited to, applicable laws and regulations, parking enforcement procedures, due process, evaluation of evidence, hearing procedures, and effective oral and written communication. Upon the approval of the governing board of the issuing agency, up to 12 hours of relevant experience may be substituted for up to 12 hours of training. In addition, up to eight hours of the training requirements described in this subparagraph may be credited to an individual, at the discretion of the governing board of the issuing agency, based upon training programs or courses described in (i) to (iv), inclusive, that the individual attended within the last five years. (5) The officer or person who issues a notice of parking violation shall not be required to participate in an administrative hearing. The issuing agency shall not be required to produce any evidence other than the notice of parking violation or copy thereof and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. The documentation in proper form shall be prima facie evidence of the violation. (6) The examiner’s decision following the administrative hearing may be personally delivered to the person by the examiner or sent by first-class mail, and, if the notice is not cancelled, include a written reason for that denial. (7) The examiner or the issuing agency may, at any stage of the initial review or the administrative hearing process, and consistent with the written guidelines established by the issuing agency, allow payment of the parking penalty in installments, or the issuing agency may allow for deferred payment, if the person provides evidence satisfactory to the examiner or the issuing agency, as the case may be, of an inability to pay the parking penalty in full. If authorized by the governing board of the issuing agency, the examiner may permit the performance of community service in lieu of payment of a parking penalty. (d) The provisions of this section relating to the administrative appeal process do not apply to an issuing agency that is a law enforcement agency if the issuing agency does not also act as the processing agency. ### Summary: This text is a bill that would amend the Vehicle Code to allow for payment of parking penalties in installments or deferred payment if the violator provides evidence of an inability

The people of the State of California do enact as follows: SECTION 1. Section 896 of the Civil Code is amended to read: 896. In any action seeking recovery of damages arising out of, or related to deficiencies in, the residential construction, design, specifications, surveying, planning, supervision, testing, or observation of construction, a builder, and to the extent set forth in Chapter 4 (commencing with Section 910), a general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, shall, except as specifically set forth in this title, be liable for, and the claimant’s claims or causes of action shall be limited to violation of, the following standards, except as specifically set forth in this title. This title applies to original construction intended to be sold as an individual dwelling unit. unit and shall serve as the sole and exclusive remedy for any action seeking recovery for damages as described in this section. As to condominium conversions, this title does not apply to or does not supersede any other statutory or common law. (a) With respect to water issues: (1) A door shall not allow unintended water to pass beyond, around, or through the door or its designed or actual moisture barriers, if any. (2) Windows, patio doors, deck doors, and their systems shall not allow water to pass beyond, around, or through the window, patio door, or deck door or its designed or actual moisture barriers, including, without limitation, internal barriers within the systems themselves. For purposes of this paragraph, “systems” include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any. (3) Windows, patio doors, deck doors, and their systems shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, “systems” include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any. (4) Roofs, roofing systems, chimney caps, and ventilation components shall not allow water to enter the structure or to pass beyond, around, or through the designed or actual moisture barriers, including, without limitation, internal barriers located within the systems themselves. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, and sheathing, if any. (5) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow water to pass into the adjacent structure. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashing, and sheathing, if any. (6) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow unintended water to pass within the systems themselves and cause damage to the systems. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashing, and sheathing, if any. (7) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to cause damage to another building component. (8) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to limit the installation of the type of flooring materials typically used for the particular application. (9) Hardscape, including paths and patios, irrigation systems, landscaping systems, and drainage systems, that are installed as part of the original construction, shall not be installed in such a way as to cause water or soil erosion to enter into or come in contact with the structure so as to cause damage to another building component. (10) Stucco, exterior siding, exterior walls, including, without limitation, exterior framing, and other exterior wall finishes and fixtures and the systems of those components and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall be installed in such a way so as not to allow unintended water to pass into the structure or to pass beyond, around, or through the designed or actual moisture barriers of the system, including any internal barriers located within the system itself. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any. (11) Stucco, exterior siding, and exterior walls shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any. (12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through its designed or actual moisture barriers including, without limitation, any internal barriers, so as to cause damage. This standard does not apply to those portions of any wall or drainage system that are designed to have water flow beyond, around, or through them. (13) Retaining walls and site walls, and their associated drainage systems, shall only allow water to flow beyond, around, or through the areas designated by design. (14) The lines and components of the plumbing system, sewer system, and utility systems shall not leak. (15) Plumbing lines, sewer lines, and utility lines shall not corrode so as to impede the useful life of the systems. (16) Sewer systems shall be installed in such a way as to allow the designated amount of sewage to flow through the system. (17) Showers, baths, and related waterproofing systems shall not leak water into the interior of walls, flooring systems, or the interior of other components. (18) The waterproofing system behind or under ceramic tile and tile countertops shall not allow water into the interior of walls, flooring systems, or other components so as to cause damage. Ceramic tile systems shall be designed and installed so as to deflect intended water to the waterproofing system. (b) With respect to structural issues: (1) Foundations, load bearing components, and slabs, shall not contain significant cracks or significant vertical displacement. (2) Foundations, load bearing components, and slabs shall not cause the structure, in whole or in part, to be structurally unsafe. (3) Foundations, load bearing components, and slabs, and underlying soils shall be constructed so as to materially comply with the design criteria set by applicable government building codes, regulations, and ordinances for chemical deterioration or corrosion resistance in effect at the time of original construction. (4) A structure shall be constructed so as to materially comply with the design criteria for earthquake and wind load resistance, as set forth in the applicable government building codes, regulations, and ordinances in effect at the time of original construction. (c) With respect to soil issues: (1) Soils and engineered retaining walls shall not cause, in whole or in part, damage to the structure built upon the soil or engineered retaining wall. (2) Soils and engineered retaining walls shall not cause, in whole or in part, the structure to be structurally unsafe. (3) Soils shall not cause, in whole or in part, the land upon which no structure is built to become unusable for the purpose represented at the time of original sale by the builder or for the purpose for which that land is commonly used. (d) With respect to fire protection issues: (1) A structure shall be constructed so as to materially comply with the design criteria of the applicable government building codes, regulations, and ordinances for fire protection of the occupants in effect at the time of the original construction. (2) Fireplaces, chimneys, chimney structures, and chimney termination caps shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire outside the fireplace enclosure or chimney. (3) Electrical and mechanical systems shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire. (e) With respect to plumbing and sewer issues: Plumbing and sewer systems shall be installed to operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action may be brought for a violation of this subdivision more than four years after close of escrow. (f) With respect to electrical system issues: Electrical systems shall operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action shall be brought pursuant to this subdivision more than four years from close of escrow. (g) With respect to issues regarding other areas of construction: (1) Exterior pathways, driveways, hardscape, sidewalls, sidewalks, and patios installed by the original builder shall not contain cracks that display significant vertical displacement or that are excessive. However, no action shall be brought upon a violation of this paragraph more than four years from close of escrow. (2) Stucco, exterior siding, and other exterior wall finishes and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall not contain significant cracks or separations. (3) (A) To the extent not otherwise covered by these standards, manufactured products, including, but not limited to, windows, doors, roofs, plumbing products and fixtures, fireplaces, electrical fixtures, HVAC units, countertops, cabinets, paint, and appliances shall be installed so as not to interfere with the products’ useful life, if any. (B) For purposes of this paragraph, “useful life” means a representation of how long a product is warranted or represented, through its limited warranty or any written representations, to last by its manufacturer, including recommended or required maintenance. If there is no representation by a manufacturer, a builder shall install manufactured products so as not to interfere with the product’s utility. (C) For purposes of this paragraph, “manufactured product” means a product that is completely manufactured offsite. (D) If no useful life representation is made, or if the representation is less than one year, the period shall be no less than one year. If a manufactured product is damaged as a result of a violation of these standards, damage to the product is a recoverable element of damages. This subparagraph does not limit recovery if there has been damage to another building component caused by a manufactured product during the manufactured product’s useful life. (E) This title does not apply in any action seeking recovery solely for a defect in a manufactured product located within or adjacent to a structure. (4) Heating shall be installed so as to be capable of maintaining a room temperature of 70 degrees Fahrenheit at a point three feet above the floor in any living space if the heating was installed pursuant to a building permit application submitted prior to January 1, 2008, or capable of maintaining a room temperature of 68 degrees Fahrenheit at a point three feet above the floor and two feet from exterior walls in all habitable rooms at the design temperature if the heating was installed pursuant to a building permit application submitted on or before January 1, 2008. (5) Living space air-conditioning, if any, shall be provided in a manner consistent with the size and efficiency design criteria specified in Title 24 of the California Code of Regulations or its successor. (6) Attached structures shall be constructed to comply with interunit noise transmission standards set by the applicable government building codes, ordinances, or regulations in effect at the time of the original construction. If there is no applicable code, ordinance, or regulation, this paragraph does not apply. However, no action shall be brought pursuant to this paragraph more than one year from the original occupancy of the adjacent unit. (7) Irrigation systems and drainage shall operate properly so as not to damage landscaping or other external improvements. However, no action shall be brought pursuant to this paragraph more than one year from close of escrow. (8) Untreated wood posts shall not be installed in contact with soil so as to cause unreasonable decay to the wood based upon the finish grade at the time of original construction. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. (9) Untreated steel fences and adjacent components shall be installed so as to prevent unreasonable corrosion. However, no action shall be brought pursuant to this paragraph more than four years from close of escrow. (10) Paint and stains shall be applied in such a manner so as not to cause deterioration of the building surfaces for the length of time specified by the paint or stain manufacturers’ representations, if any. However, no action shall be brought pursuant to this paragraph more than five years from close of escrow. (11) Roofing materials shall be installed so as to avoid materials falling from the roof. (12) The landscaping systems shall be installed in such a manner so as to survive for not less than one year. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. (13) Ceramic tile and tile backing shall be installed in such a manner that the tile does not detach. (14) Dryer ducts shall be installed and terminated pursuant to manufacturer installation requirements. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. (15) Structures shall be constructed in such a manner so as not to impair the occupants’ safety because they contain public health hazards as determined by a duly authorized public health official, health agency, or governmental entity having jurisdiction. This paragraph does not limit recovery for any damages caused by a violation of any other paragraph of this section on the grounds that the damages do not constitute a health hazard. SECTION 1. Section 895 of the Civil Code is amended to read: 895. (a)“Structure” means a residential dwelling, other building, or improvement located upon a lot or within a common area. (b)“Designed moisture barrier” means an installed moisture barrier specified in the plans and specifications, contract documents, or manufacturer’s recommendations. (c)“Actual moisture barrier” means a component or material, actually installed, that serves to any degree as a barrier against moisture, whether or not intended as a barrier against moisture. (d)“Unintended water” means water that passes beyond, around, or through a component or the material that is designed to prevent that passage. (e)“Close of escrow” means the date of the close of escrow between the builder and the original homeowner. With respect to claims by an association, as defined in Section 4080, “close of escrow” means the date of substantial completion, as defined in Section 337.15 of the Code of Civil Procedure, or the date the builder relinquishes control over the association’s ability to decide whether to initiate a claim under this title, whichever is later. (f)“Claimant” or “homeowner” includes the individual owners of single-family homes, individual unit owners of attached dwellings and, in the case of a common interest development, an association as defined in Section 4080.

Existing law regulates actions seeking recovery on construction defects, as specified, on original construction intended to be sold as an individual dwelling unit. Existing law defines certain terms for these purposes. purchased new after January 1, 2003. Existing law provides that general contractors, subcontractors, material suppliers, product manufacturers, and design professionals may be liable for damages for construction defects if they caused, or contributed to, the violation of a particular standard as the result of a breach of contract or through negligence. Existing law also establishes certain prelitigation procedures for both the homeowner and defendants to engage in to attempt to resolve the claim prior to filing a lawsuit for construction defects, and also establishes the parameters of a legal action seeking recovery for construction defects. This bill would make nonsubstantive changes to these provisions establish these provisions as the sole and exclusive remedy available for claims seeking recovery on construction defects, as specified .

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 896 of the Civil Code is amended to read: 896. In any action seeking recovery of damages arising out of, or related to deficiencies in, the residential construction, design, specifications, surveying, planning, supervision, testing, or observation of construction, a builder, and to the extent set forth in Chapter 4 (commencing with Section 910), a general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, shall, except as specifically set forth in this title, be liable for, and the claimant’s claims or causes of action shall be limited to violation of, the following standards, except as specifically set forth in this title. This title applies to original construction intended to be sold as an individual dwelling unit. unit and shall serve as the sole and exclusive remedy for any action seeking recovery for damages as described in this section. As to condominium conversions, this title does not apply to or does not supersede any other statutory or common law. (a) With respect to water issues: (1) A door shall not allow unintended water to pass beyond, around, or through the door or its designed or actual moisture barriers, if any. (2) Windows, patio doors, deck doors, and their systems shall not allow water to pass beyond, around, or through the window, patio door, or deck door or its designed or actual moisture barriers, including, without limitation, internal barriers within the systems themselves. For purposes of this paragraph, “systems” include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any. (3) Windows, patio doors, deck doors, and their systems shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, “systems” include, without limitation, windows, window assemblies, framing, substrate, flashings, and trim, if any. (4) Roofs, roofing systems, chimney caps, and ventilation components shall not allow water to enter the structure or to pass beyond, around, or through the designed or actual moisture barriers, including, without limitation, internal barriers located within the systems themselves. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, and sheathing, if any. (5) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow water to pass into the adjacent structure. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashing, and sheathing, if any. (6) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow unintended water to pass within the systems themselves and cause damage to the systems. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashing, and sheathing, if any. (7) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to cause damage to another building component. (8) Foundation systems and slabs shall not allow water or vapor to enter into the structure so as to limit the installation of the type of flooring materials typically used for the particular application. (9) Hardscape, including paths and patios, irrigation systems, landscaping systems, and drainage systems, that are installed as part of the original construction, shall not be installed in such a way as to cause water or soil erosion to enter into or come in contact with the structure so as to cause damage to another building component. (10) Stucco, exterior siding, exterior walls, including, without limitation, exterior framing, and other exterior wall finishes and fixtures and the systems of those components and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall be installed in such a way so as not to allow unintended water to pass into the structure or to pass beyond, around, or through the designed or actual moisture barriers of the system, including any internal barriers located within the system itself. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any. (11) Stucco, exterior siding, and exterior walls shall not allow excessive condensation to enter the structure and cause damage to another component. For purposes of this paragraph, “systems” include, without limitation, framing, substrate, flashings, trim, wall assemblies, and internal wall cavities, if any. (12) Retaining and site walls and their associated drainage systems shall not allow unintended water to pass beyond, around, or through its designed or actual moisture barriers including, without limitation, any internal barriers, so as to cause damage. This standard does not apply to those portions of any wall or drainage system that are designed to have water flow beyond, around, or through them. (13) Retaining walls and site walls, and their associated drainage systems, shall only allow water to flow beyond, around, or through the areas designated by design. (14) The lines and components of the plumbing system, sewer system, and utility systems shall not leak. (15) Plumbing lines, sewer lines, and utility lines shall not corrode so as to impede the useful life of the systems. (16) Sewer systems shall be installed in such a way as to allow the designated amount of sewage to flow through the system. (17) Showers, baths, and related waterproofing systems shall not leak water into the interior of walls, flooring systems, or the interior of other components. (18) The waterproofing system behind or under ceramic tile and tile countertops shall not allow water into the interior of walls, flooring systems, or other components so as to cause damage. Ceramic tile systems shall be designed and installed so as to deflect intended water to the waterproofing system. (b) With respect to structural issues: (1) Foundations, load bearing components, and slabs, shall not contain significant cracks or significant vertical displacement. (2) Foundations, load bearing components, and slabs shall not cause the structure, in whole or in part, to be structurally unsafe. (3) Foundations, load bearing components, and slabs, and underlying soils shall be constructed so as to materially comply with the design criteria set by applicable government building codes, regulations, and ordinances for chemical deterioration or corrosion resistance in effect at the time of original construction. (4) A structure shall be constructed so as to materially comply with the design criteria for earthquake and wind load resistance, as set forth in the applicable government building codes, regulations, and ordinances in effect at the time of original construction. (c) With respect to soil issues: (1) Soils and engineered retaining walls shall not cause, in whole or in part, damage to the structure built upon the soil or engineered retaining wall. (2) Soils and engineered retaining walls shall not cause, in whole or in part, the structure to be structurally unsafe. (3) Soils shall not cause, in whole or in part, the land upon which no structure is built to become unusable for the purpose represented at the time of original sale by the builder or for the purpose for which that land is commonly used. (d) With respect to fire protection issues: (1) A structure shall be constructed so as to materially comply with the design criteria of the applicable government building codes, regulations, and ordinances for fire protection of the occupants in effect at the time of the original construction. (2) Fireplaces, chimneys, chimney structures, and chimney termination caps shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire outside the fireplace enclosure or chimney. (3) Electrical and mechanical systems shall be constructed and installed in such a way so as not to cause an unreasonable risk of fire. (e) With respect to plumbing and sewer issues: Plumbing and sewer systems shall be installed to operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action may be brought for a violation of this subdivision more than four years after close of escrow. (f) With respect to electrical system issues: Electrical systems shall operate properly and shall not materially impair the use of the structure by its inhabitants. However, no action shall be brought pursuant to this subdivision more than four years from close of escrow. (g) With respect to issues regarding other areas of construction: (1) Exterior pathways, driveways, hardscape, sidewalls, sidewalks, and patios installed by the original builder shall not contain cracks that display significant vertical displacement or that are excessive. However, no action shall be brought upon a violation of this paragraph more than four years from close of escrow. (2) Stucco, exterior siding, and other exterior wall finishes and fixtures, including, but not limited to, pot shelves, horizontal surfaces, columns, and plant-ons, shall not contain significant cracks or separations. (3) (A) To the extent not otherwise covered by these standards, manufactured products, including, but not limited to, windows, doors, roofs, plumbing products and fixtures, fireplaces, electrical fixtures, HVAC units, countertops, cabinets, paint, and appliances shall be installed so as not to interfere with the products’ useful life, if any. (B) For purposes of this paragraph, “useful life” means a representation of how long a product is warranted or represented, through its limited warranty or any written representations, to last by its manufacturer, including recommended or required maintenance. If there is no representation by a manufacturer, a builder shall install manufactured products so as not to interfere with the product’s utility. (C) For purposes of this paragraph, “manufactured product” means a product that is completely manufactured offsite. (D) If no useful life representation is made, or if the representation is less than one year, the period shall be no less than one year. If a manufactured product is damaged as a result of a violation of these standards, damage to the product is a recoverable element of damages. This subparagraph does not limit recovery if there has been damage to another building component caused by a manufactured product during the manufactured product’s useful life. (E) This title does not apply in any action seeking recovery solely for a defect in a manufactured product located within or adjacent to a structure. (4) Heating shall be installed so as to be capable of maintaining a room temperature of 70 degrees Fahrenheit at a point three feet above the floor in any living space if the heating was installed pursuant to a building permit application submitted prior to January 1, 2008, or capable of maintaining a room temperature of 68 degrees Fahrenheit at a point three feet above the floor and two feet from exterior walls in all habitable rooms at the design temperature if the heating was installed pursuant to a building permit application submitted on or before January 1, 2008. (5) Living space air-conditioning, if any, shall be provided in a manner consistent with the size and efficiency design criteria specified in Title 24 of the California Code of Regulations or its successor. (6) Attached structures shall be constructed to comply with interunit noise transmission standards set by the applicable government building codes, ordinances, or regulations in effect at the time of the original construction. If there is no applicable code, ordinance, or regulation, this paragraph does not apply. However, no action shall be brought pursuant to this paragraph more than one year from the original occupancy of the adjacent unit. (7) Irrigation systems and drainage shall operate properly so as not to damage landscaping or other external improvements. However, no action shall be brought pursuant to this paragraph more than one year from close of escrow. (8) Untreated wood posts shall not be installed in contact with soil so as to cause unreasonable decay to the wood based upon the finish grade at the time of original construction. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. (9) Untreated steel fences and adjacent components shall be installed so as to prevent unreasonable corrosion. However, no action shall be brought pursuant to this paragraph more than four years from close of escrow. (10) Paint and stains shall be applied in such a manner so as not to cause deterioration of the building surfaces for the length of time specified by the paint or stain manufacturers’ representations, if any. However, no action shall be brought pursuant to this paragraph more than five years from close of escrow. (11) Roofing materials shall be installed so as to avoid materials falling from the roof. (12) The landscaping systems shall be installed in such a manner so as to survive for not less than one year. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. (13) Ceramic tile and tile backing shall be installed in such a manner that the tile does not detach. (14) Dryer ducts shall be installed and terminated pursuant to manufacturer installation requirements. However, no action shall be brought pursuant to this paragraph more than two years from close of escrow. (15) Structures shall be constructed in such a manner so as not to impair the occupants’ safety because they contain public health hazards as determined by a duly authorized public health official, health agency, or governmental entity having jurisdiction. This paragraph does not limit recovery for any damages caused by a violation of any other paragraph of this section on the grounds that the damages do not constitute a health hazard. SECTION 1. Section 895 of the Civil Code is amended to read: 895. (a)“Structure” means a residential dwelling, other building, or improvement located upon a lot or within a common area. (b)“Designed moisture barrier” means an installed moisture barrier specified in the plans and specifications, contract documents, or manufacturer’s recommendations. (c)“Actual moisture barrier” means a component or material, actually installed, that serves to any degree as a barrier against moisture, whether or not intended as a barrier against moisture. (d)“Unintended water” means water that passes beyond, around, or through a component or the material that is designed to prevent that passage. (e)“Close of escrow” means the date of the close of escrow between the builder and the original homeowner. With respect to claims by an association, as defined in Section 4080, “close of escrow” means the date of substantial completion, as defined in Section 337.15 of the Code of Civil Procedure, or the date the builder relinquishes control over the association’s ability to decide whether to initiate a claim under this title, whichever is later. (f)“Claimant” or “homeowner” includes the individual owners of single-family homes, individual unit owners of attached dwellings and, in the case of a common interest development, an association as defined in Section 4080. ### Summary: This text is a summary of the bill. ### Instruction: Summary this text ### Text: The people of the State of California do enact as

The people of the State of California do enact as follows: SECTION 1. Section 21455.5 of the Vehicle Code is amended to read: 21455.5. (a) Except or provided in subdivision (k), the limit line, the intersection, or a place designated in Section 21455, where a driver is required to stop, may be equipped with an automated traffic enforcement system if the governmental agency using the system meets all of the following requirements: (1) Identifies the system by signs posted within 200 feet of an intersection where a system is operating that clearly indicate the system’s presence and are visible to traffic approaching from all directions in which the automated traffic enforcement system is being used to issue citations. A governmental agency using a system does not need to post signs visible to traffic approaching the intersection from directions not subject to the automated traffic enforcement system. Automated traffic enforcement systems installed as of January 1, 2013, shall be identified no later than January 1, 2014. (2) Locates the system at an intersection and ensures that the system meets the criteria specified in Section 21455.7. (b) Prior to issuing citations under this section, a local jurisdiction using an automated traffic enforcement system shall commence a program to issue only warning notices for 30 days. The local jurisdiction shall also make a public announcement of the automated traffic enforcement system at least 30 days prior to the commencement of the enforcement program. (c) Only a governmental agency, in cooperation with a law enforcement agency, may operate an automated traffic enforcement system. A governmental agency that operates an automated traffic enforcement system shall do all of the following: (1) Develop uniform guidelines for screening and issuing violations and for the processing and storage of confidential information. Establish procedures to ensure compliance with those guidelines. A governmental agency that operates an automated traffic enforcement system installed on or before January 1, 2013 shall establish those guidelines by January 1, 2014. (2) Perform administrative functions and day-to-day functions, including, but not limited to, all of the following: (A) Establishing guidelines for the selection of a location. Commencing January 1, 2013, before installing an automated traffic enforcement system the governmental agency shall make and adopt a finding of fact establishing that the system is needed at a specific location for reasons related to safety. (B) Ensuring that the equipment is regularly inspected. (C) Certifying that the equipment is properly installed and calibrated, and is operating properly. (D) Regularly inspecting and maintaining warning signs placed pursuant to paragraph (1) of subdivision (a). (E) Overseeing the establishment, change, and timing of signal phases. (F) Maintaining controls necessary to ensure that only those citations that have been reviewed and approved by law enforcement are delivered to violators. (d) The activities listed in subdivision (c) that relate to the operation of the system may be contracted out by the governmental agency, if it maintains overall control and supervision of the system. However, the activities listed in paragraph (1) of, and subparagraphs (A), (D), (E), and (F) of paragraph (2) of, subdivision (c) shall not be contracted out to the manufacturer or supplier of the automated traffic enforcement system. (e) The printed representation of computer-generated information, video, or photographic images stored by an automated traffic enforcement system does not constitute an out-of-court hearsay statement by a declarant under Division 10 (commencing with Section 1200) of the Evidence Code. (f) (1) Notwithstanding Section 6253 of the Government Code, or any other law, photographic records made by an automated traffic enforcement system shall be confidential, and shall be made available only to governmental agencies and law enforcement agencies and only for the purposes of this article. (2) Confidential information obtained from the Department of Motor Vehicles for the administration or enforcement of this article shall be held confidential, and shall not be used for any other purpose. (3) Except for court records described in Section 68152 of the Government Code, the confidential records and information described in paragraphs (1) and (2) may be retained for up to six months from the date the information was first obtained, or until final disposition of the citation, whichever date is later, after which time the information shall be destroyed in a manner that will preserve the confidentiality of any person included in the record or information. (g) Notwithstanding subdivision (f), the registered owner or any individual identified by the registered owner as the driver of the vehicle at the time of the alleged violation shall be permitted to review the photographic evidence of the alleged violation. (h) (1) A contract between a governmental agency and a manufacturer or supplier of automated traffic enforcement equipment shall not include a provision for the payment or compensation to the manufacturer or supplier based on the number of citations generated, or as a percentage of the revenue generated, as a result of the use of the equipment authorized under this section. (2) Paragraph (1) does not apply to a contract that was entered into by a governmental agency and a manufacturer or supplier of automated traffic enforcement equipment before January 1, 2004, unless that contract is renewed, extended, or amended on or after January 1, 2004. (3) A governmental agency that proposes to install or operate an automated traffic enforcement system shall not consider revenue generation, beyond recovering its actual costs of operating the system, as a factor when considering whether or not to install or operate a system within its local jurisdiction. (i) A manufacturer or supplier that operates an automated traffic enforcement system pursuant to this section shall, in cooperation with the governmental agency, submit an annual report to the Judicial Council that includes, but is not limited to, all of the following information if this information is in the possession of, or readily available to, the manufacturer or supplier: (1) The number of alleged violations captured by the systems they operate. (2) The number of citations issued by a law enforcement agency based on information collected from the automated traffic enforcement system. (3) For citations identified in paragraph (2), the number of violations that involved traveling straight through the intersection, turning right, and turning left. (4) The number and percentage of citations that are dismissed by the court. (5) The number of traffic collisions at each intersection that occurred prior to, and after the installation of, the automated traffic enforcement system. (j) If a governmental agency using an automated traffic enforcement system has posted signs on or before January 1, 2013, that met the requirements of paragraph (1) of subdivision (a) of this section as it read on January 1, 2012, the governmental agency shall not remove those signs until signs are posted that meet the requirements specified in this section, as it reads on January 1, 2013. (k) (1) Commencing January 1, 2016, a governmental agency shall not install an automated traffic enforcement system. (2) A governmental agency that is operating an automated traffic enforcement system on January 1, 2016, may continue to operate the automated traffic enforcement system after that date only if the agency begins conducting, on or before February 28, 2016, a traffic safety study at each intersection where an automated traffic enforcement system is in use to determine whether the use of the system resulted in a statistically significant reduction in the number of traffic accidents when the primary collision factor was a violation of subdivision (a) or (c) of Section 21453 at that intersection. The traffic study shall also determine whether rear-end collisions occurring within 100 feet of the intersection have increased. The methodology of the traffic safety study shall account for factors other than the automated traffic enforcement system that could have caused any reduction in red-light running, including, but not limited to, engineering countermeasures employed at the intersection, changes in traffic volume, effects of weather, collisions caused by impairment, statistical regression to the mean, and overall trends in red-light running collision rates. The study shall use, at a minimum, three years of data collected before the installation of the automated traffic enforcement system, and the entire period after installation, up to the date the study commences, if that data is available, and shall adjust for any differences between the two periods. The traffic safety study shall be conducted according to standards consistent with the analysis of data approved by the federal National Highway Traffic Safety Administration for automated traffic enforcement systems. All raw data used for, and referenced in, the study shall be clearly listed within the study to allow peer review. The study shall be completed on or before January 1, 2017. (3) If the traffic safety study shows does not definitively show that the use of an automated traffic enforcement system did not reduce reduced the number of traffic accidents caused by red-light running that occurred at an intersection equipped with an automated traffic enforcement system by a statistically significant number, or the study shows that there was an increase in rear-end collisions , the governmental agency shall terminate the use of the system at that intersection no later than January 1, 2018. 2018, and no violation captured by the system after that date shall be used for prosecution. (4) If the governmental agency uses an automated traffic enforcement system to cite motorists for right-turn violations, the agency shall, using the same criteria listed in paragraph (2), include in the study, an analysis of collisions caused by motorists’ failure to stop before turning right on a red light in violation of subdivision (a) or (c) of Section 21453. If the traffic safety study does not definitively show that the use of the automated traffic enforcement system reduced the number of traffic accidents caused by motorists’ failure to stop before turning right on a red light in violation of subdivision (a) or (c) of Section 21453 at an intersection equipped with an automated traffic enforcement system by a statistically significant number, the governmental agency shall terminate the use of the system to cite motorists for right turn violations at that intersection on or before January 1, 2018, and no violation captured by the system after that date shall be used for prosecution.

Existing law authorizes the limit line, intersection, or other places where a driver is required to stop to be equipped with an automated traffic enforcement system, as defined, if the system meets certain requirements. Existing law authorizes a governmental agency to contract out the operation of the system under certain circumstances, except for specified activities, that include, among other things, establishing guidelines for selection of the location of the system. This bill would, beginning January 1, 2016, prohibit a governmental agency from installing an automated traffic enforcement system. The bill would authorize a governmental agency that is operating an automatic traffic enforcement system on that date to continue to do so after that date only if the agency begins conducting a traffic safety study on or before February 28, 2016, at each intersection where a system is in use to determine whether the use of the system resulted in a reduction in the number of traffic accidents involving failing to stop at a red light or failing to stop at a red light when making a right turn at that intersection. The bill would require the traffic safety study to be completed on or before January 1, 2017. The bill would require the governmental agency to terminate the use of an automated traffic enforcement system at an intersection no later than January 1, 2018, if the traffic safety study shows that the use of the system did not reduce the number of traffic accidents that occurred at that intersection by a statistically significant number .

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 21455.5 of the Vehicle Code is amended to read: 21455.5. (a) Except or provided in subdivision (k), the limit line, the intersection, or a place designated in Section 21455, where a driver is required to stop, may be equipped with an automated traffic enforcement system if the governmental agency using the system meets all of the following requirements: (1) Identifies the system by signs posted within 200 feet of an intersection where a system is operating that clearly indicate the system’s presence and are visible to traffic approaching from all directions in which the automated traffic enforcement system is being used to issue citations. A governmental agency using a system does not need to post signs visible to traffic approaching the intersection from directions not subject to the automated traffic enforcement system. Automated traffic enforcement systems installed as of January 1, 2013, shall be identified no later than January 1, 2014. (2) Locates the system at an intersection and ensures that the system meets the criteria specified in Section 21455.7. (b) Prior to issuing citations under this section, a local jurisdiction using an automated traffic enforcement system shall commence a program to issue only warning notices for 30 days. The local jurisdiction shall also make a public announcement of the automated traffic enforcement system at least 30 days prior to the commencement of the enforcement program. (c) Only a governmental agency, in cooperation with a law enforcement agency, may operate an automated traffic enforcement system. A governmental agency that operates an automated traffic enforcement system shall do all of the following: (1) Develop uniform guidelines for screening and issuing violations and for the processing and storage of confidential information. Establish procedures to ensure compliance with those guidelines. A governmental agency that operates an automated traffic enforcement system installed on or before January 1, 2013 shall establish those guidelines by January 1, 2014. (2) Perform administrative functions and day-to-day functions, including, but not limited to, all of the following: (A) Establishing guidelines for the selection of a location. Commencing January 1, 2013, before installing an automated traffic enforcement system the governmental agency shall make and adopt a finding of fact establishing that the system is needed at a specific location for reasons related to safety. (B) Ensuring that the equipment is regularly inspected. (C) Certifying that the equipment is properly installed and calibrated, and is operating properly. (D) Regularly inspecting and maintaining warning signs placed pursuant to paragraph (1) of subdivision (a). (E) Overseeing the establishment, change, and timing of signal phases. (F) Maintaining controls necessary to ensure that only those citations that have been reviewed and approved by law enforcement are delivered to violators. (d) The activities listed in subdivision (c) that relate to the operation of the system may be contracted out by the governmental agency, if it maintains overall control and supervision of the system. However, the activities listed in paragraph (1) of, and subparagraphs (A), (D), (E), and (F) of paragraph (2) of, subdivision (c) shall not be contracted out to the manufacturer or supplier of the automated traffic enforcement system. (e) The printed representation of computer-generated information, video, or photographic images stored by an automated traffic enforcement system does not constitute an out-of-court hearsay statement by a declarant under Division 10 (commencing with Section 1200) of the Evidence Code. (f) (1) Notwithstanding Section 6253 of the Government Code, or any other law, photographic records made by an automated traffic enforcement system shall be confidential, and shall be made available only to governmental agencies and law enforcement agencies and only for the purposes of this article. (2) Confidential information obtained from the Department of Motor Vehicles for the administration or enforcement of this article shall be held confidential, and shall not be used for any other purpose. (3) Except for court records described in Section 68152 of the Government Code, the confidential records and information described in paragraphs (1) and (2) may be retained for up to six months from the date the information was first obtained, or until final disposition of the citation, whichever date is later, after which time the information shall be destroyed in a manner that will preserve the confidentiality of any person included in the record or information. (g) Notwithstanding subdivision (f), the registered owner or any individual identified by the registered owner as the driver of the vehicle at the time of the alleged violation shall be permitted to review the photographic evidence of the alleged violation. (h) (1) A contract between a governmental agency and a manufacturer or supplier of automated traffic enforcement equipment shall not include a provision for the payment or compensation to the manufacturer or supplier based on the number of citations generated, or as a percentage of the revenue generated, as a result of the use of the equipment authorized under this section. (2) Paragraph (1) does not apply to a contract that was entered into by a governmental agency and a manufacturer or supplier of automated traffic enforcement equipment before January 1, 2004, unless that contract is renewed, extended, or amended on or after January 1, 2004. (3) A governmental agency that proposes to install or operate an automated traffic enforcement system shall not consider revenue generation, beyond recovering its actual costs of operating the system, as a factor when considering whether or not to install or operate a system within its local jurisdiction. (i) A manufacturer or supplier that operates an automated traffic enforcement system pursuant to this section shall, in cooperation with the governmental agency, submit an annual report to the Judicial Council that includes, but is not limited to, all of the following information if this information is in the possession of, or readily available to, the manufacturer or supplier: (1) The number of alleged violations captured by the systems they operate. (2) The number of citations issued by a law enforcement agency based on information collected from the automated traffic enforcement system. (3) For citations identified in paragraph (2), the number of violations that involved traveling straight through the intersection, turning right, and turning left. (4) The number and percentage of citations that are dismissed by the court. (5) The number of traffic collisions at each intersection that occurred prior to, and after the installation of, the automated traffic enforcement system. (j) If a governmental agency using an automated traffic enforcement system has posted signs on or before January 1, 2013, that met the requirements of paragraph (1) of subdivision (a) of this section as it read on January 1, 2012, the governmental agency shall not remove those signs until signs are posted that meet the requirements specified in this section, as it reads on January 1, 2013. (k) (1) Commencing January 1, 2016, a governmental agency shall not install an automated traffic enforcement system. (2) A governmental agency that is operating an automated traffic enforcement system on January 1, 2016, may continue to operate the automated traffic enforcement system after that date only if the agency begins conducting, on or before February 28, 2016, a traffic safety study at each intersection where an automated traffic enforcement system is in use to determine whether the use of the system resulted in a statistically significant reduction in the number of traffic accidents when the primary collision factor was a violation of subdivision (a) or (c) of Section 21453 at that intersection. The traffic study shall also determine whether rear-end collisions occurring within 100 feet of the intersection have increased. The methodology of the traffic safety study shall account for factors other than the automated traffic enforcement system that could have caused any reduction in red-light running, including, but not limited to, engineering countermeasures employed at the intersection, changes in traffic volume, effects of weather, collisions caused by impairment, statistical regression to the mean, and overall trends in red-light running collision rates. The study shall use, at a minimum, three years of data collected before the installation of the automated traffic enforcement system, and the entire period after installation, up to the date the study commences, if that data is available, and shall adjust for any differences between the two periods. The traffic safety study shall be conducted according to standards consistent with the analysis of data approved by the federal National Highway Traffic Safety Administration for automated traffic enforcement systems. All raw data used for, and referenced in, the study shall be clearly listed within the study to allow peer review. The study shall be completed on or before January 1, 2017. (3) If the traffic safety study shows does not definitively show that the use of an automated traffic enforcement system did not reduce reduced the number of traffic accidents caused by red-light running that occurred at an intersection equipped with an automated traffic enforcement system by a statistically significant number, or the study shows that there was an increase in rear-end collisions , the governmental agency shall terminate the use of the system at that intersection no later than January 1, 2018. 2018, and no violation captured by the system after that date shall be used for prosecution. (4) If the governmental agency uses an automated traffic enforcement system to cite motorists for right-turn violations, the agency shall, using the same criteria listed in paragraph (2), include in the study, an analysis of collisions caused by motorists’ failure to stop before turning right on a red light in violation of subdivision (a) or (c) of Section 21453. If the traffic safety study does not definitively show that the use of the automated traffic enforcement system reduced the number of traffic accidents caused by motorists’ failure to stop before turning right on a red light in violation of subdivision (a) or (c) of Section 21453 at an intersection equipped with an automated traffic enforcement system by a statistically significant number, the governmental agency shall terminate the use of the system to cite motorists for right turn violations at that intersection on or before January 1, 2018, and no violation captured by the system after that date shall be used for prosecution. ### 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 7.5 (commencing with Section 8239.5) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: Article 7.5. California Preschool Investment Pilot Program 8239.5. The Legislature finds and declares that by providing an additional source of funding, the state can expand the number of preschool slots and the number of subsidies provided to help reduce the waitlist for parents seeking prekindergarten child care assistance. 8239.6. For purposes of this article, the following terms have the following meanings: (a) “Department” means the State Department of Education. (b) “Fund” means the California Preschool Investment Fund. (c) “Person” means an individual, partnership, corporation, limited liability company, association, or other group, however organized. (d) “Program” means the five-county investor funded preschool pilot program. 8239.7. (a) No later than On or before June 1, 2016, a county may apply to the department for consideration of inclusion in the program. For purposes of this section, a county’s local child care and development planning council, established pursuant to Chapter 2.3 (commencing with Section 8499), shall be responsible for making the application authorized pursuant to this section. (b) No later than On or before September 1, 2016, the department shall determine, pursuant to subdivision (c), the five counties that shall be included in the program. When making this determination, the department shall ensure that urban, suburban, and rural counties are represented in the program. (c) The department shall make the determination of which five counties shall be included in the program by giving priority to counties that meet any of the following factors: (1) The length of the county’s waitlist of individuals seeking public child care assistance. (2) The ability to increase the number of preschool slots available to children in the county. (3) Whether the county received federal Race to the Top funds, authorized under the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), with favorable consideration going to the counties that received the funds. 8239.8. (a) (1) The department may accept monetary contributions made by a person for funding the purposes of this article. The California Preschool Investment Fund is hereby created in the State Treasury to receive any monetary contributions made pursuant to this article. (2) (A) The department shall establish a procedure for a person to make monetary contributions to the fund and for a person to obtain from the department a receipt that indicates the amount of monetary contributions made by that person. The receipt shall also contain, at minimum, the date the monetary contribution was made, the name of the person who made the contribution, the amount of the monetary contribution, and whether the person has or has not been allocated a tax credit pursuant to Section 17053.87 or 23687 of the Revenue and Taxation Code. (B) Subject to the annual cap as provided in subdivision (f) of Sections 17053.87 and 23687 of the Revenue and Taxation Code, the department shall allocate credits to contributors on a first-come-first-served basis. (C) The department shall notify the Franchise Tax Board of the credits allocated on at least a monthly basis, and the Franchise Tax Board and the department shall place this information on their respective Internet Web sites together with information as to the amount of remaining credits, at least every calendar quarter, including information as to whether the cap described in subdivision (f) of Sections 17053.87 and 23687 of the Revenue and Taxation Code may be reached by the end of the calendar quarter. (3) Moneys in the fund shall be allocated as follows: (A) First, moneys in the fund shall be transferred to the General Fund in an amount equal to the aggregate amount of certified credits allowed pursuant to Sections 17053.87 and 23687 of the Revenue and Taxation Code for the taxable year. (B) Second, upon appropriation: (i) To the Franchise Tax Board and the department for reimbursement of all administrative costs incurred by those agencies in connection with their duties under this article. (ii) To the department for the purposes of this article, as provided in subdivision (b). (b) The moneys appropriated to the department pursuant to clause (ii) of subparagraph (B) of paragraph (3) of subdivision (a) shall be used to fund the California state preschool programs, pursuant to Article 7 (commencing with 8235). The moneys shall only be used to support state preschools located in one of the five counties participating in the program. 8239.9. A county selected to participate in the program pursuant to Section 8239.7 shall annually report to the department’s Early Education & Support Division. The report shall contain the county’s assessment of how the program is performing. 8239.10. (a) This article shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. (b) Any moneys remaining in the fund as of January 1, 2021, shall be transferred to any other state fund identified by the department that provides funding for increased access to preschool programs for low-income children. SEC. 2. Section 41202 of the Education Code is amended to read: 41202. The words and phrases set forth in subdivision (b) of Section 8 of Article XVI of the Constitution of the State of California shall have the following meanings: (a) “Moneys to be applied by the State,” as used in subdivision (b) of Section 8 of Article XVI of the California Constitution, means appropriations from the General Fund that are made for allocation to school districts, as defined, or community college districts. An appropriation that is withheld, impounded, or made without provisions for its allocation to school districts or community college districts shall not be considered to be “moneys to be applied by the State.” (b) (1) “General Fund revenues which may be appropriated pursuant to Article XIII B,” as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means General Fund revenues that are the proceeds of taxes as defined by subdivision (c) of Section 8 of Article XIII B of the California Constitution, including, for the 1986–87 fiscal year only, any revenues that are determined to be in excess of the appropriations limit established pursuant to Article XIII B of the California Constitution for the fiscal year in which they are received. General Fund revenues for a fiscal year to which paragraph (1) of subdivision (b) is being applied shall include, in that computation, only General Fund revenues for that fiscal year that are the proceeds of taxes, as defined in subdivision (c) of Section 8 of Article XIII B of the California Constitution, and shall not include prior fiscal year revenues. Commencing with the 1995–96 fiscal year, and each fiscal year thereafter, “General Fund revenues that are the proceeds of taxes,” as defined in subdivision (c) of Section 8 of Article XIII B of the California Constitution, includes any portion of the proceeds of taxes received from the state sales tax that are transferred to the counties pursuant to, and only if, legislation is enacted during the 1995–96 fiscal year the purpose of which is to realign children’s programs. The amount of the proceeds of taxes shall be computed for any fiscal year in a manner consistent with the manner in which the amount of the proceeds of taxes was computed by the Department of Finance for purposes of the Governor’s Budget for the Budget Act of 1986. (2) (A) For purposes of calculating the moneys to be applied by the state, as used in subdivision (b) of Section 8 of Article XVI of the California Constitution, the “General Fund revenues that are the proceeds of taxes,” as defined in subdivision (c) of Section 8 of Article XIII   B of the California Constitution, shall include the total annual amount of credit claimed pursuant to Sections 17053.87 and 23687 of the Revenue and Taxation Code as though they were proceeds of taxes. (B) This paragraph shall become inoperative on January 1, 2021. (c) “General Fund revenues appropriated for school districts,” as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to school districts, as defined in Section 41302.5, regardless of whether those appropriations were made from the General Fund to the Superintendent, to the Controller, or to any other fund or state agency for the purpose of allocation to school districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (1) of subdivision (b) of Article XVI of the California Constitution, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations. (d) “General Fund revenues appropriated for community college districts,” as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to community college districts, regardless of whether those appropriations were made from the General Fund to the Controller, to the Chancellor of the California Community Colleges, or to any other fund or state agency for the purpose of allocation to community college districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (1) of subdivision (b) of Article XVI of the California Constitution, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations. (e) “Total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to school districts, as defined in Section 41302.5, and community college districts, regardless of whether those appropriations were made from the General Fund to the Controller, to the Superintendent, to the Chancellor of the California Community Colleges, or to any other fund or state agency for the purpose of allocation to school districts and community college districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations. (f) “General Fund revenues appropriated for school districts and community college districts, respectively” and “moneys to be applied by the state for the support of school districts and community college districts,” as used in Section 8 of Article XVI of the California Constitution, shall include funds appropriated for part-day California state preschool programs under Article 7 (commencing with Section 8235) of Chapter 2 of Part 6 of Division 1 of Title 1, and the After School Education and Safety Program established pursuant to Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1, and shall not include any of the following: (1) Any appropriation that is not made for allocation to a school district, as defined in Section 41302.5, or to a community college district, regardless of whether the appropriation is made for any purpose that may be considered to be for the benefit to a school district, as defined in Section 41302.5, or a community college district. This paragraph shall not be construed to exclude any funding appropriated for part-day California state preschool programs under Article 7 (commencing with Section 8235) of Chapter 2 of Part 6 of Division 1 of Title 1 or the After School Education and Safety Program established pursuant to Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1. (2) Any appropriation made to the Teachers’ Retirement Fund or to the Public Employees’ Retirement Fund except those appropriations for reimbursable state mandates imposed on or before January 1, 1988. (3) Any appropriation made to service any public debt approved by the voters of this state. (4) With the exception of the programs identified in paragraph (1), commencing with the 2011–12 fiscal year, any funds appropriated for the Child Care and Development Services Act, pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1. (g) “Allocated local proceeds of taxes,” as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means, for school districts as defined, those local revenues, except revenues identified pursuant to paragraph (5) of subdivision (j) of Section 42238.02, that are used to offset state aid for school districts in calculations performed pursuant to Sections 2575, 42238.02, and Chapter 7.2 (commencing with Section 56836) of Part 30. (h) “Allocated local proceeds of taxes,” as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means, for community college districts, those local revenues that are used to offset state aid for community college districts. In no event shall the revenues or receipts derived from student fees be considered “allocated local proceeds of taxes.” (i) For purposes of calculating the 4-percent entitlement pursuant to subdivision (a) of Section 8.5 of Article XVI of the California Constitution, “the total amount required pursuant to Section 8(b)” shall mean the General Fund aid required for schools pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution, and shall not include allocated local proceeds of taxes. SEC. 3. Section 17053.87 is added to the Revenue and Taxation Code, to read: 17053.87. (a) For taxable years beginning on or after January 1, 2016, and before January 1, 2020, there shall be allowed as a credit against the “net tax,” as defined in Section 17039, an amount equal to 40 percent of the amount contributed by the taxpayer during the taxable year to the California Preschool Investment Fund, created by Section 8239.8 of the Education Code. (b) A credit shall only be allowed if the taxpayer has received a receipt from the State Department of Education pursuant to Section 8239.8 of the Education Code that indicates that the taxpayer has made a contribution to the California Preschool Investment Fund and that a credit would be allowed under this section. The taxpayer shall provide the receipt upon request to the Franchise Tax Board. (c) (1) 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 four years if necessary, until the credit is exhausted. (2) A deduction otherwise allowed under this part for any amount contributed by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed in subdivision (a). (d) Credit under this section shall be allowed only for credits claimed on a timely filed original return of the taxpayer. (e) (1) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. (2) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section. (f) The aggregate amount of credit that may be allowed pursuant to this section and Section 23687 shall not exceed two hundred fifty million dollars ($250,000,000) for each calendar year. (g) This section is repealed on December 1, 2020. SEC. 4. Section 23687 is added to the Revenue and Taxation Code, to read: 23687. (a) For taxable years beginning on or after January 1, 2016, and before January 1, 2020, there shall be allowed as a credit against the “tax,” as defined in Section 23036, an amount equal to 40 percent of the amount contributed by the taxpayer during the taxable year to the California Preschool Investment Fund, created by Section 8239.8 of the Education Code. (b) A credit shall only be allowed if the taxpayer has received a receipt from the State Department of Education pursuant to Section 8239.8 of the Education Code that indicates that the taxpayer has made a contribution to the California Preschool Investment Fund and that a credit would be allowed under this section. The taxpayer shall provide the receipt upon request to the Franchise Tax Board. (c) (1) In the case where the credit allowed by this section exceeds the “tax,” the excess may be carried over to reduce the “tax” in the following year, and succeeding four years if necessary, until the credit is exhausted. (2) A deduction otherwise allowed under this part for any amount contributed by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed in subdivision (a). (d) Credit under this section shall be allowed only for credits claimed on a timely filed original return of the taxpayer. (e) (1) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. (2) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section. (f) The aggregate amount of credit that may be allowed pursuant to this section and Section 17053.87 shall not exceed two hundred fifty million dollars ($250,000,000) for each calendar year. (g) This section is repealed on December 1, 2020.

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. Existing law requires the Superintendent to administer all California state preschool programs, including, but not limited to, part-day and full-day age and developmentally appropriate programs for 3- and 4-year-old children. This bill would, until January 1, 2021, authorize the department, as part of a pilot program, to accept monetary contributions made to the California Preschool Investment Fund, which this bill would create, by a person for purposes of preschool education, as provided. The bill would require the money in the fund to be used to, among other things, fund state preschools part of the California state preschool program located in one of the 5 participating counties, counties participating in the pilot program, as provided. The bill would require participating counties to report to the department’s Early Education & Support Division regarding the county’s assessment of how the pilot program is performing. The bill would require any moneys remaining in the fund after January 1, 2021, to be transferred to any other state fund identified by the department that provides funding for increased access to preschool programs for low-income children. The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill, under both laws, for taxable years beginning on or after January 1, 2016, and before January 1, 2020, would allow a credit equal to 40% of the amount contributed by the taxpayer during the taxable year to the California Preschool Investment Fund, as provided. The bill would limit the aggregate amount of credit allowed under both laws to not exceed $250,000,000 and would require the State Department of Education to establish a procedure for a person to obtain from the department a receipt indicating specified information, including the amount of monetary contributions made, for purposes of the tax credits allowed under these provisions. The This bill would, until January 1, 2021, require the total annual amount of credits claimed pursuant to these provisions to be treated as though they were proceeds of taxes for purposes of calculating the moneys to be applied by the state for the support of school districts and community college districts pursuant to a specified provision of the California Constitution.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Article 7.5 (commencing with Section 8239.5) is added to Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, to read: Article 7.5. California Preschool Investment Pilot Program 8239.5. The Legislature finds and declares that by providing an additional source of funding, the state can expand the number of preschool slots and the number of subsidies provided to help reduce the waitlist for parents seeking prekindergarten child care assistance. 8239.6. For purposes of this article, the following terms have the following meanings: (a) “Department” means the State Department of Education. (b) “Fund” means the California Preschool Investment Fund. (c) “Person” means an individual, partnership, corporation, limited liability company, association, or other group, however organized. (d) “Program” means the five-county investor funded preschool pilot program. 8239.7. (a) No later than On or before June 1, 2016, a county may apply to the department for consideration of inclusion in the program. For purposes of this section, a county’s local child care and development planning council, established pursuant to Chapter 2.3 (commencing with Section 8499), shall be responsible for making the application authorized pursuant to this section. (b) No later than On or before September 1, 2016, the department shall determine, pursuant to subdivision (c), the five counties that shall be included in the program. When making this determination, the department shall ensure that urban, suburban, and rural counties are represented in the program. (c) The department shall make the determination of which five counties shall be included in the program by giving priority to counties that meet any of the following factors: (1) The length of the county’s waitlist of individuals seeking public child care assistance. (2) The ability to increase the number of preschool slots available to children in the county. (3) Whether the county received federal Race to the Top funds, authorized under the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), with favorable consideration going to the counties that received the funds. 8239.8. (a) (1) The department may accept monetary contributions made by a person for funding the purposes of this article. The California Preschool Investment Fund is hereby created in the State Treasury to receive any monetary contributions made pursuant to this article. (2) (A) The department shall establish a procedure for a person to make monetary contributions to the fund and for a person to obtain from the department a receipt that indicates the amount of monetary contributions made by that person. The receipt shall also contain, at minimum, the date the monetary contribution was made, the name of the person who made the contribution, the amount of the monetary contribution, and whether the person has or has not been allocated a tax credit pursuant to Section 17053.87 or 23687 of the Revenue and Taxation Code. (B) Subject to the annual cap as provided in subdivision (f) of Sections 17053.87 and 23687 of the Revenue and Taxation Code, the department shall allocate credits to contributors on a first-come-first-served basis. (C) The department shall notify the Franchise Tax Board of the credits allocated on at least a monthly basis, and the Franchise Tax Board and the department shall place this information on their respective Internet Web sites together with information as to the amount of remaining credits, at least every calendar quarter, including information as to whether the cap described in subdivision (f) of Sections 17053.87 and 23687 of the Revenue and Taxation Code may be reached by the end of the calendar quarter. (3) Moneys in the fund shall be allocated as follows: (A) First, moneys in the fund shall be transferred to the General Fund in an amount equal to the aggregate amount of certified credits allowed pursuant to Sections 17053.87 and 23687 of the Revenue and Taxation Code for the taxable year. (B) Second, upon appropriation: (i) To the Franchise Tax Board and the department for reimbursement of all administrative costs incurred by those agencies in connection with their duties under this article. (ii) To the department for the purposes of this article, as provided in subdivision (b). (b) The moneys appropriated to the department pursuant to clause (ii) of subparagraph (B) of paragraph (3) of subdivision (a) shall be used to fund the California state preschool programs, pursuant to Article 7 (commencing with 8235). The moneys shall only be used to support state preschools located in one of the five counties participating in the program. 8239.9. A county selected to participate in the program pursuant to Section 8239.7 shall annually report to the department’s Early Education & Support Division. The report shall contain the county’s assessment of how the program is performing. 8239.10. (a) This article shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. (b) Any moneys remaining in the fund as of January 1, 2021, shall be transferred to any other state fund identified by the department that provides funding for increased access to preschool programs for low-income children. SEC. 2. Section 41202 of the Education Code is amended to read: 41202. The words and phrases set forth in subdivision (b) of Section 8 of Article XVI of the Constitution of the State of California shall have the following meanings: (a) “Moneys to be applied by the State,” as used in subdivision (b) of Section 8 of Article XVI of the California Constitution, means appropriations from the General Fund that are made for allocation to school districts, as defined, or community college districts. An appropriation that is withheld, impounded, or made without provisions for its allocation to school districts or community college districts shall not be considered to be “moneys to be applied by the State.” (b) (1) “General Fund revenues which may be appropriated pursuant to Article XIII B,” as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means General Fund revenues that are the proceeds of taxes as defined by subdivision (c) of Section 8 of Article XIII B of the California Constitution, including, for the 1986–87 fiscal year only, any revenues that are determined to be in excess of the appropriations limit established pursuant to Article XIII B of the California Constitution for the fiscal year in which they are received. General Fund revenues for a fiscal year to which paragraph (1) of subdivision (b) is being applied shall include, in that computation, only General Fund revenues for that fiscal year that are the proceeds of taxes, as defined in subdivision (c) of Section 8 of Article XIII B of the California Constitution, and shall not include prior fiscal year revenues. Commencing with the 1995–96 fiscal year, and each fiscal year thereafter, “General Fund revenues that are the proceeds of taxes,” as defined in subdivision (c) of Section 8 of Article XIII B of the California Constitution, includes any portion of the proceeds of taxes received from the state sales tax that are transferred to the counties pursuant to, and only if, legislation is enacted during the 1995–96 fiscal year the purpose of which is to realign children’s programs. The amount of the proceeds of taxes shall be computed for any fiscal year in a manner consistent with the manner in which the amount of the proceeds of taxes was computed by the Department of Finance for purposes of the Governor’s Budget for the Budget Act of 1986. (2) (A) For purposes of calculating the moneys to be applied by the state, as used in subdivision (b) of Section 8 of Article XVI of the California Constitution, the “General Fund revenues that are the proceeds of taxes,” as defined in subdivision (c) of Section 8 of Article XIII   B of the California Constitution, shall include the total annual amount of credit claimed pursuant to Sections 17053.87 and 23687 of the Revenue and Taxation Code as though they were proceeds of taxes. (B) This paragraph shall become inoperative on January 1, 2021. (c) “General Fund revenues appropriated for school districts,” as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to school districts, as defined in Section 41302.5, regardless of whether those appropriations were made from the General Fund to the Superintendent, to the Controller, or to any other fund or state agency for the purpose of allocation to school districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (1) of subdivision (b) of Article XVI of the California Constitution, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations. (d) “General Fund revenues appropriated for community college districts,” as used in paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to community college districts, regardless of whether those appropriations were made from the General Fund to the Controller, to the Chancellor of the California Community Colleges, or to any other fund or state agency for the purpose of allocation to community college districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (1) of subdivision (b) of Article XVI of the California Constitution, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations. (e) “Total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means the sum of appropriations made that are for allocation to school districts, as defined in Section 41302.5, and community college districts, regardless of whether those appropriations were made from the General Fund to the Controller, to the Superintendent, to the Chancellor of the California Community Colleges, or to any other fund or state agency for the purpose of allocation to school districts and community college districts. The full amount of any appropriation shall be included in the calculation of the percentage required by paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, without regard to any unexpended balance of any appropriation. Any reappropriation of funds appropriated in any prior year shall not be included in the sum of appropriations. (f) “General Fund revenues appropriated for school districts and community college districts, respectively” and “moneys to be applied by the state for the support of school districts and community college districts,” as used in Section 8 of Article XVI of the California Constitution, shall include funds appropriated for part-day California state preschool programs under Article 7 (commencing with Section 8235) of Chapter 2 of Part 6 of Division 1 of Title 1, and the After School Education and Safety Program established pursuant to Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1, and shall not include any of the following: (1) Any appropriation that is not made for allocation to a school district, as defined in Section 41302.5, or to a community college district, regardless of whether the appropriation is made for any purpose that may be considered to be for the benefit to a school district, as defined in Section 41302.5, or a community college district. This paragraph shall not be construed to exclude any funding appropriated for part-day California state preschool programs under Article 7 (commencing with Section 8235) of Chapter 2 of Part 6 of Division 1 of Title 1 or the After School Education and Safety Program established pursuant to Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1. (2) Any appropriation made to the Teachers’ Retirement Fund or to the Public Employees’ Retirement Fund except those appropriations for reimbursable state mandates imposed on or before January 1, 1988. (3) Any appropriation made to service any public debt approved by the voters of this state. (4) With the exception of the programs identified in paragraph (1), commencing with the 2011–12 fiscal year, any funds appropriated for the Child Care and Development Services Act, pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1. (g) “Allocated local proceeds of taxes,” as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means, for school districts as defined, those local revenues, except revenues identified pursuant to paragraph (5) of subdivision (j) of Section 42238.02, that are used to offset state aid for school districts in calculations performed pursuant to Sections 2575, 42238.02, and Chapter 7.2 (commencing with Section 56836) of Part 30. (h) “Allocated local proceeds of taxes,” as used in paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, means, for community college districts, those local revenues that are used to offset state aid for community college districts. In no event shall the revenues or receipts derived from student fees be considered “allocated local proceeds of taxes.” (i) For purposes of calculating the 4-percent entitlement pursuant to subdivision (a) of Section 8.5 of Article XVI of the California Constitution, “the total amount required pursuant to Section 8(b)” shall mean the General Fund aid required for schools pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution, and shall not include allocated local proceeds of taxes. SEC. 3. Section 17053.87 is added to the Revenue and Taxation Code, to read: 17053.87. (a) For taxable years beginning on or after January 1, 2016, and before January 1, 2020, there shall be allowed as a credit against the “net tax,” as defined in Section 17039, an amount equal to 40 percent of the amount contributed by the taxpayer during the taxable year to the California Preschool Investment Fund, created by Section 8239.8 of the Education Code. (b) A credit shall only be allowed if the taxpayer has received a receipt from the State Department of Education pursuant to Section 8239.8 of the Education Code that indicates that the taxpayer has made a contribution to the California Preschool Investment Fund and that a credit would be allowed under this section. The taxpayer shall provide the receipt upon request to the Franchise Tax Board. (c) (1) 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 four years if necessary, until the credit is exhausted. (2) A deduction otherwise allowed under this part for any amount contributed by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed in subdivision (a). (d) Credit under this section shall be allowed only for credits claimed on a timely filed original return of the taxpayer. (e) (1) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. (2) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section. (f) The aggregate amount of credit that may be allowed pursuant to this section and Section 23687 shall not exceed two hundred fifty million dollars ($250,000,000) for each calendar year. (g) This section is repealed on December 1, 2020. SEC. 4. Section 23687 is added to the Revenue and Taxation Code, to read: 23687. (a) For taxable years beginning on or after January 1, 2016, and before January 1, 2020, there shall be allowed as a credit against the “tax,” as defined in Section 23036, an amount equal to 40 percent of the amount contributed by the taxpayer during the taxable year to the California Preschool Investment Fund, created by Section 8239.8 of the Education Code. (b) A credit shall only be allowed if the taxpayer has received a receipt from the State Department of Education pursuant to Section 8239.8 of the Education Code that indicates that the taxpayer has made a contribution to the California Preschool Investment Fund and that a credit would be allowed under this section. The taxpayer shall provide the receipt upon request to the Franchise Tax Board. (c) (1) In the case where the credit allowed by this section exceeds the “tax,” the excess may be carried over to reduce the “tax” in the following year, and succeeding four years if necessary, until the credit is exhausted. (2) A deduction otherwise allowed under this part for any amount contributed by the taxpayer upon which the credit is based shall be reduced by the amount of the credit allowed in subdivision (a). (d) Credit under this section shall be allowed only for credits claimed on a timely filed original return of the taxpayer. (e) (1) The Franchise Tax Board may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section. (2) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the Franchise Tax Board pursuant to this section. (f) The aggregate amount of credit that may be allowed pursuant to this section and Section 17053.87 shall not exceed two hundred fifty million dollars ($250,000,000) for each calendar year. (g) This section is repealed on December 1, 2020. ### 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 51225.1 of the Education Code is amended to read: 51225.1. (a) Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, or a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, who transfers between schools any time after the completion of the pupil’s second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school. (b) If the school district determines that the pupil in foster care, or the pupil who is a homeless child or youth, is reasonably able to complete the school district’s graduation requirements within the pupil’s fifth year of high school, the school district shall do all of the following: (1) Inform the pupil of his or her option to remain in school for a fifth year to complete the school district’s graduation requirements. (2) Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school district’s graduation requirements will affect the pupil’s ability to gain admission to a postsecondary educational institution. (3) Provide information to the pupil about transfer opportunities available through the California Community Colleges. (4) Permit the pupil to stay in school for a fifth year to complete the school district’s graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil. (c) To determine whether a pupil in foster care, or a pupil who is a homeless child or youth, is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupil’s school enrollment may be used, whichever will qualify the pupil for the exemption. (d) (1) (A) Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker, of the availability of the exemption and whether the pupil qualifies for an exemption. (B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section. (2) (A) Within 30 calendar days of the date that a pupil who is a homeless child or youth may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption. (B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section. (e) If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year in high school and that pupil would otherwise be entitled to remain in attendance at the school, a school or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school. (f) If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section, the school district shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupil’s ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges. (g) A pupil in foster care, or a pupil who is a homeless child or youth, who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements. (h) If a pupil in foster care, or a pupil who is a homeless child or youth, is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption. (i) If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption. (j) (1) If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district. (2) If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district. (k) A school district shall not require or request a pupil in foster care, or a pupil who is a homeless child or youth, to transfer schools in order to qualify the pupil for an exemption pursuant to this section. (l) (1) A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. (2) A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption 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.

Existing law requires a school district, except as provided, to exempt a pupil in foster care, as defined, or a pupil who is a homeless child or youth, as defined, who transfers between schools any time after the completion of the pupil’s 2nd year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to certain statewide coursework requirements. Existing law requires the school district to notify specified individuals, including a pupil in foster care or a pupil who is a homeless child or youth, within 30 calendar days of the date that a pupil who may qualify for the exemption from local graduation requirements transfers into a school, of the availability of the exemption and whether the pupil qualifies for an exemption. This bill would, if the school district fails to provide that notification, declare the effected pupil eligible for the exemption from local graduation requirements once notified, even if that notification is received after the termination of the court’s jurisdiction over the pupil or after the pupil is no longer a homeless child or youth, as applicable, if the pupil otherwise qualifies for the exemption. Existing law requires, if a pupil in foster care is exempted from local graduation requirements, that the exemption continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district. This bill would require, if a pupil who is a homeless child or youth is exempted from local graduation requirements, that the exemption continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district. By requiring school districts to perform additional duties in complying with the exemption requirement, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 51225.1 of the Education Code is amended to read: 51225.1. (a) Notwithstanding any other law, a school district shall exempt a pupil in foster care, as defined in Section 51225.2, or a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, who transfers between schools any time after the completion of the pupil’s second year of high school from all coursework and other requirements adopted by the governing board of the school district that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the school district makes a finding that the pupil is reasonably able to complete the school district’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school. (b) If the school district determines that the pupil in foster care, or the pupil who is a homeless child or youth, is reasonably able to complete the school district’s graduation requirements within the pupil’s fifth year of high school, the school district shall do all of the following: (1) Inform the pupil of his or her option to remain in school for a fifth year to complete the school district’s graduation requirements. (2) Inform the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the school district’s graduation requirements will affect the pupil’s ability to gain admission to a postsecondary educational institution. (3) Provide information to the pupil about transfer opportunities available through the California Community Colleges. (4) Permit the pupil to stay in school for a fifth year to complete the school district’s graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil. (c) To determine whether a pupil in foster care, or a pupil who is a homeless child or youth, is in the third or fourth year of high school, either the number of credits the pupil has earned to the date of transfer or the length of the pupil’s school enrollment may be used, whichever will qualify the pupil for the exemption. (d) (1) (A) Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker, of the availability of the exemption and whether the pupil qualifies for an exemption. (B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section. (2) (A) Within 30 calendar days of the date that a pupil who is a homeless child or youth may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the school district shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption. (B) If the school district fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section. (e) If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of his or her fourth year in high school and that pupil would otherwise be entitled to remain in attendance at the school, a school or school district shall not require or request that the pupil graduate before the end of his or her fourth year of high school. (f) If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section, the school district shall notify the pupil and the person holding the right to make educational decisions for the pupil how any of the requirements that are waived will affect the pupil’s ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges. (g) A pupil in foster care, or a pupil who is a homeless child or youth, who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which he or she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements. (h) If a pupil in foster care, or a pupil who is a homeless child or youth, is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a school district shall exempt the pupil at any time if an exemption is requested by the pupil and the pupil qualifies for the exemption. (i) If a pupil in foster care, or a pupil who is a homeless child or youth, is exempted from local graduation requirements pursuant to this section, a school district shall not revoke the exemption. (j) (1) If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while he or she is enrolled in school or if the pupil transfers to another school or school district. (2) If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while he or she is enrolled in school or if the pupil transfers to another school or school district. (k) A school district shall not require or request a pupil in foster care, or a pupil who is a homeless child or youth, to transfer schools in order to qualify the pupil for an exemption pursuant to this section. (l) (1) A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. (2) A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption 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. ### 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 832.3 of the Penal Code is amended to read: 832.3. (a) Except as provided in subdivision (e), any sheriff, undersheriff, or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute to maintain a police department, who is first employed after January 1, 1975, shall successfully complete a course of training prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer, except while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. Each police chief, or any other person in charge of a local law enforcement agency, appointed on or after January 1, 1999, as a condition of continued employment, shall complete the course of training pursuant to this subdivision within two years of appointment. The training course for a sheriff, an undersheriff, and a deputy sheriff of a county, and a police chief and a police officer of a city or any other local law enforcement agency, shall be the same. (b) For the purpose of ensuring competent peace officers and standardizing the training required in subdivision (a), the commission shall develop a testing program, including standardized tests that enable (1) comparisons between presenters of the training and (2) assessments of trainee achievement. The trainees’ test scores shall be used only for the purposes enumerated in this subdivision and those research purposes as shall be approved in advance by the commission. The commission shall take all steps necessary to maintain the confidentiality of the test scores, test items, scoring keys, and other examination data used in the testing program required by this subdivision. The commission shall determine the minimum passing score for each test and the conditions for retesting students who fail. Passing these tests shall be required for successful completion of the training required in subdivision (a). Presenters approved by the commission to provide the training required in subdivision (a) shall administer the standardized tests or, at the commission’s option, shall facilitate the commission’s administration of the standardized tests to all trainees. (c) Notwithstanding subdivision (c) of Section 84500 of the Education Code and any regulations adopted pursuant thereto, community colleges may give preference in enrollment to employed law enforcement trainees who shall complete training as prescribed by this section. At least 15 percent of each presentation shall consist of nonlaw enforcement trainees if they are available. Preference should only be given when the trainee could not complete the course within the time required by statute, and only when no other training program is reasonably available. Average daily attendance for these courses shall be reported for state aid. (d) Prior to July 1, 1987, the commission shall make a report to the Legislature on academy proficiency testing scores. This report shall include an evaluation of the correlation between academy proficiency test scores and performance as a peace officer. (e) (1) Any deputy sheriff described in subdivision (c) of Section 830.1 shall be exempt from the training requirements specified in subdivisions (a) and (b) as long as his or her assignments remain custodial related. (2) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the training for peace officers pursuant to subdivision (a) of Section 832, and within 120 days after the date of employment, shall complete the training required by the Board of State and Community Corrections for custodial personnel pursuant to Section 6035, and the training required for custodial personnel of local detention facilities pursuant to Division 1 (commencing with Section 100) of Title 15 of the California Code of Regulations. (3) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the course of training pursuant to subdivision (a) prior to being reassigned from custodial assignments to duties with responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. A deputy sheriff who has completed the course of training pursuant to subdivision (a) and has been hired as a deputy sheriff described in subdivision (c) of Section 830.1 shall be eligible to be reassigned from custodial assignments to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state within three years of completing the training pursuant to subdivision (a). A deputy sheriff shall be eligible for reassignment within five years of having completed the training pursuant to subdivision (a) without having to complete a requalification for the regular basic course provided that all of the following are satisfied: (A) The deputy sheriff remains continuously employed by the same department in which the deputy sheriff is being reassigned from custodial assignments to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. (B) The deputy sheriff maintains the perishable skills training required by the commission for peace officers assigned to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. (f) Any school police officer first employed by a K–12 public school district or California Community College district after July 1, 1999, shall successfully complete a basic course of training as prescribed by subdivision (a) before exercising the powers of a peace officer. A school police officer shall not be subject to this subdivision while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. (g) The commission shall prepare a specialized course of instruction for the training of school peace officers, as defined in Section 830.32, to meet the unique safety needs of a school environment. This course is intended to supplement any other training requirements. (h) Any school peace officer first employed by a K–12 public school district or California Community College district before July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) no later than July 1, 2002. Any school police officer first employed by a K–12 public school district or California Community College district after July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) within two years of the date of first employment. (i) 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 832.3 is added to the Penal Code, to read: 832.3. (a) Except as provided in subdivision (e), any sheriff, undersheriff, or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute to maintain a police department, who is first employed after January 1, 1975, shall successfully complete a course of training prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer, except while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. Each police chief, or any other person in charge of a local law enforcement agency, appointed on or after January 1, 1999, as a condition of continued employment, shall complete the course of training pursuant to this subdivision within two years of appointment. The training course for a sheriff, an undersheriff, and a deputy sheriff of a county, and a police chief and a police officer of a city or any other local law enforcement agency, shall be the same. (b) For the purpose of ensuring competent peace officers and standardizing the training required in subdivision (a), the commission shall develop a testing program, including standardized tests that enable (1) comparisons between presenters of the training and (2) assessments of trainee achievement. The trainees’ test scores shall be used only for the purposes enumerated in this subdivision and those research purposes as shall be approved in advance by the commission. The commission shall take all steps necessary to maintain the confidentiality of the test scores, test items, scoring keys, and other examination data used in the testing program required by this subdivision. The commission shall determine the minimum passing score for each test and the conditions for retesting students who fail. Passing these tests shall be required for successful completion of the training required in subdivision (a). Presenters approved by the commission to provide the training required in subdivision (a) shall administer the standardized tests or, at the commission’s option, shall facilitate the commission’s administration of the standardized tests to all trainees. (c) Notwithstanding subdivision (c) of Section 84500 of the Education Code and any regulations adopted pursuant thereto, community colleges may give preference in enrollment to employed law enforcement trainees who shall complete training as prescribed by this section. At least 15 percent of each presentation shall consist of nonlaw enforcement trainees if they are available. Preference should only be given when the trainee could not complete the course within the time required by statute, and only when no other training program is reasonably available. Average daily attendance for these courses shall be reported for state aid. (d) Prior to July 1, 1987, the commission shall make a report to the Legislature on academy proficiency testing scores. This report shall include an evaluation of the correlation between academy proficiency test scores and performance as a peace officer. (e) (1) Any deputy sheriff described in subdivision (c) of Section 830.1 shall be exempt from the training requirements specified in subdivisions (a) and (b) as long as his or her assignments remain custodial related. (2) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the training for peace officers pursuant to subdivision (a) of Section 832, and within 120 days after the date of employment, shall complete the training required by the Board of State and Community Corrections for custodial personnel pursuant to Section 6035, and the training required for custodial personnel of local detention facilities pursuant to Division 1 (commencing with Section 100) of Title 15 of the California Code of Regulations. (3) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the course of training pursuant to subdivision (a) prior to being reassigned from custodial assignments to duties with responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. (f) Any school police officer first employed by a K–12 public school district or California Community College district after July 1, 1999, shall successfully complete a basic course of training as prescribed by subdivision (a) before exercising the powers of a peace officer. A school police officer shall not be subject to this subdivision while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. (g) The commission shall prepare a specialized course of instruction for the training of school peace officers, as defined in Section 830.32, to meet the unique safety needs of a school environment. This course is intended to supplement any other training requirements. (h) Any school peace officer first employed by a K–12 public school district or California Community College district before July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) no later than July 1, 2002. Any school police officer first employed by a K–12 public school district or California Community College district after July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) within two years of the date of first employment. (i) This section shall become operative January 1, 2019.

Existing law requires peace officers to complete a basic training course prescribed by the Commission on Peace Officer Standards and Training and to pass an examination developed by the commission. Existing law generally requires a person who does not become employed as a peace officer within 3 years of passing the examination, or who has a 3-year or longer break in service, to pass the examination before exercising the powers of a peace officer. Under existing law, in certain counties, any deputy sheriff, who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, is a peace officer whose authority extends to any place in the state only while engaged in the performance of the duties of his or her employment and for the purpose of carrying out the primary functions of employment relating to his or her custodial assignments, or when performing other law enforcement duties directed by his or her employing agency during a local state of emergency. This bill would, until January 1, 2019, exempt a custodial peace officer within the class specified above who is appointed as a peace officer performing police functions from the requirement to retake the examination if he or she has been continuously employed as a custodial peace officer of that class for a period not exceeding 5 years by the agency making the appointment and maintains specified skills during that period.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 832.3 of the Penal Code is amended to read: 832.3. (a) Except as provided in subdivision (e), any sheriff, undersheriff, or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute to maintain a police department, who is first employed after January 1, 1975, shall successfully complete a course of training prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer, except while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. Each police chief, or any other person in charge of a local law enforcement agency, appointed on or after January 1, 1999, as a condition of continued employment, shall complete the course of training pursuant to this subdivision within two years of appointment. The training course for a sheriff, an undersheriff, and a deputy sheriff of a county, and a police chief and a police officer of a city or any other local law enforcement agency, shall be the same. (b) For the purpose of ensuring competent peace officers and standardizing the training required in subdivision (a), the commission shall develop a testing program, including standardized tests that enable (1) comparisons between presenters of the training and (2) assessments of trainee achievement. The trainees’ test scores shall be used only for the purposes enumerated in this subdivision and those research purposes as shall be approved in advance by the commission. The commission shall take all steps necessary to maintain the confidentiality of the test scores, test items, scoring keys, and other examination data used in the testing program required by this subdivision. The commission shall determine the minimum passing score for each test and the conditions for retesting students who fail. Passing these tests shall be required for successful completion of the training required in subdivision (a). Presenters approved by the commission to provide the training required in subdivision (a) shall administer the standardized tests or, at the commission’s option, shall facilitate the commission’s administration of the standardized tests to all trainees. (c) Notwithstanding subdivision (c) of Section 84500 of the Education Code and any regulations adopted pursuant thereto, community colleges may give preference in enrollment to employed law enforcement trainees who shall complete training as prescribed by this section. At least 15 percent of each presentation shall consist of nonlaw enforcement trainees if they are available. Preference should only be given when the trainee could not complete the course within the time required by statute, and only when no other training program is reasonably available. Average daily attendance for these courses shall be reported for state aid. (d) Prior to July 1, 1987, the commission shall make a report to the Legislature on academy proficiency testing scores. This report shall include an evaluation of the correlation between academy proficiency test scores and performance as a peace officer. (e) (1) Any deputy sheriff described in subdivision (c) of Section 830.1 shall be exempt from the training requirements specified in subdivisions (a) and (b) as long as his or her assignments remain custodial related. (2) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the training for peace officers pursuant to subdivision (a) of Section 832, and within 120 days after the date of employment, shall complete the training required by the Board of State and Community Corrections for custodial personnel pursuant to Section 6035, and the training required for custodial personnel of local detention facilities pursuant to Division 1 (commencing with Section 100) of Title 15 of the California Code of Regulations. (3) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the course of training pursuant to subdivision (a) prior to being reassigned from custodial assignments to duties with responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. A deputy sheriff who has completed the course of training pursuant to subdivision (a) and has been hired as a deputy sheriff described in subdivision (c) of Section 830.1 shall be eligible to be reassigned from custodial assignments to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state within three years of completing the training pursuant to subdivision (a). A deputy sheriff shall be eligible for reassignment within five years of having completed the training pursuant to subdivision (a) without having to complete a requalification for the regular basic course provided that all of the following are satisfied: (A) The deputy sheriff remains continuously employed by the same department in which the deputy sheriff is being reassigned from custodial assignments to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. (B) The deputy sheriff maintains the perishable skills training required by the commission for peace officers assigned to duties with the responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. (f) Any school police officer first employed by a K–12 public school district or California Community College district after July 1, 1999, shall successfully complete a basic course of training as prescribed by subdivision (a) before exercising the powers of a peace officer. A school police officer shall not be subject to this subdivision while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. (g) The commission shall prepare a specialized course of instruction for the training of school peace officers, as defined in Section 830.32, to meet the unique safety needs of a school environment. This course is intended to supplement any other training requirements. (h) Any school peace officer first employed by a K–12 public school district or California Community College district before July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) no later than July 1, 2002. Any school police officer first employed by a K–12 public school district or California Community College district after July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) within two years of the date of first employment. (i) 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 832.3 is added to the Penal Code, to read: 832.3. (a) Except as provided in subdivision (e), any sheriff, undersheriff, or deputy sheriff of a county, any police officer of a city, and any police officer of a district authorized by statute to maintain a police department, who is first employed after January 1, 1975, shall successfully complete a course of training prescribed by the Commission on Peace Officer Standards and Training before exercising the powers of a peace officer, except while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. Each police chief, or any other person in charge of a local law enforcement agency, appointed on or after January 1, 1999, as a condition of continued employment, shall complete the course of training pursuant to this subdivision within two years of appointment. The training course for a sheriff, an undersheriff, and a deputy sheriff of a county, and a police chief and a police officer of a city or any other local law enforcement agency, shall be the same. (b) For the purpose of ensuring competent peace officers and standardizing the training required in subdivision (a), the commission shall develop a testing program, including standardized tests that enable (1) comparisons between presenters of the training and (2) assessments of trainee achievement. The trainees’ test scores shall be used only for the purposes enumerated in this subdivision and those research purposes as shall be approved in advance by the commission. The commission shall take all steps necessary to maintain the confidentiality of the test scores, test items, scoring keys, and other examination data used in the testing program required by this subdivision. The commission shall determine the minimum passing score for each test and the conditions for retesting students who fail. Passing these tests shall be required for successful completion of the training required in subdivision (a). Presenters approved by the commission to provide the training required in subdivision (a) shall administer the standardized tests or, at the commission’s option, shall facilitate the commission’s administration of the standardized tests to all trainees. (c) Notwithstanding subdivision (c) of Section 84500 of the Education Code and any regulations adopted pursuant thereto, community colleges may give preference in enrollment to employed law enforcement trainees who shall complete training as prescribed by this section. At least 15 percent of each presentation shall consist of nonlaw enforcement trainees if they are available. Preference should only be given when the trainee could not complete the course within the time required by statute, and only when no other training program is reasonably available. Average daily attendance for these courses shall be reported for state aid. (d) Prior to July 1, 1987, the commission shall make a report to the Legislature on academy proficiency testing scores. This report shall include an evaluation of the correlation between academy proficiency test scores and performance as a peace officer. (e) (1) Any deputy sheriff described in subdivision (c) of Section 830.1 shall be exempt from the training requirements specified in subdivisions (a) and (b) as long as his or her assignments remain custodial related. (2) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the training for peace officers pursuant to subdivision (a) of Section 832, and within 120 days after the date of employment, shall complete the training required by the Board of State and Community Corrections for custodial personnel pursuant to Section 6035, and the training required for custodial personnel of local detention facilities pursuant to Division 1 (commencing with Section 100) of Title 15 of the California Code of Regulations. (3) Deputy sheriffs described in subdivision (c) of Section 830.1 shall complete the course of training pursuant to subdivision (a) prior to being reassigned from custodial assignments to duties with responsibility for the prevention and detection of crime and the general enforcement of the criminal laws of this state. (f) Any school police officer first employed by a K–12 public school district or California Community College district after July 1, 1999, shall successfully complete a basic course of training as prescribed by subdivision (a) before exercising the powers of a peace officer. A school police officer shall not be subject to this subdivision while participating as a trainee in a supervised field training program approved by the Commission on Peace Officer Standards and Training. (g) The commission shall prepare a specialized course of instruction for the training of school peace officers, as defined in Section 830.32, to meet the unique safety needs of a school environment. This course is intended to supplement any other training requirements. (h) Any school peace officer first employed by a K–12 public school district or California Community College district before July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) no later than July 1, 2002. Any school police officer first employed by a K–12 public school district or California Community College district after July 1, 1999, shall successfully complete the specialized course of training prescribed in subdivision (g) within two years of the date of first employment. (i) This section shall become operative January 1, 2019. ### Summary: This bill repeals the Penal Code section 832.3, which exempts deputy sheriffs from the requirement to complete a basic course of training as

The people of the State of California do enact as follows: SECTION 1. Chapter 6.7 (commencing with Section 6970) is added to Part 1 of Division 2 of the Public Contract Code, to read: CHAPTER 6.7. Construction Manager/General Contractor Method: Regional Projects on Expressways 6970. (a) This chapter provides for an alternative procurement procedure for certain transportation projects performed by a regional transportation agency. (b) The Construction Manager/General Contractor method allows the regional transportation agency to engage a construction manager during the design process to provide input on the design. During the design phase, the construction manager provides advice including, but not limited to, scheduling, pricing, and phasing to assist the agency to design a more constructible project. (c) The Legislature finds and declares that utilizing a Construction Manager/General Contractor method requires a clear understanding of the roles and responsibilities of each participant in the process. The Legislature also finds and declares that cost-effective benefits are achieved by shifting the liability and risk for cost containment and project schedule to the construction manager and by permitting the coherent phasing of projects into discrete contract increments. 6971. For purposes of this chapter, the following definitions apply: (a) “Construction manager” means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting and engineering services as needed pursuant to a Construction Manager/General Contractor method contract. (b) “Construction Manager/General Contractor method” means a project delivery method in which a construction manager is procured to provide preconstruction services during the design phase of the project and construction services during the construction phase of the project. The contract for construction services may be entered into at the same time as the contract for preconstruction services, or at a later time. The execution of the design and the construction of the project may be in sequential phases or concurrent phases. (c) “Preconstruction services” means advice during the design phase, including, but not limited to, scheduling, pricing, and phasing to assist the regional transportation agency to design a more constructible project. (d) “Project” means the construction of an expressway that is not on the state highway system. (e) “Regional transportation agency” means any of the following: (1) A transportation planning agency described in Section 29532 or 29532.1 of the Government Code. (2) A county transportation commission established under Section 130050, 130050.1, or 130050.2 of the Public Utilities Code. (3) Any other local or regional transportation entity that is designated by statute as a regional transportation agency. (4) A joint exercise of powers authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, with the consent of a transportation planning agency or a county transportation commission for the jurisdiction in which the transportation project will be developed. (5) A local transportation authority created or designated pursuant to Division 12.5 (commencing with Section 131000) or Division 19 (commencing with Section 180000) of the Public Utilities Code. (6) The Santa Clara Valley Transportation Authority established pursuant to Part 12 (commencing with Section 100000) of Division 10 of the Public Utilities Code. 6972. (a) A regional transportation agency may utilize the Construction Manager/General Contractor method of procurement to design and construct projects if the projects are developed in accordance with an expenditure plan approved by voters. (b) A regional transportation agency may enter into a Construction Manager/General Contractor contract pursuant to this chapter after evaluation of the traditional design-bid-build method of construction and of the Construction Manager/General Contractor method and the board of the regional transportation agency affirmatively adopts the procurement strategy in a public meeting. (c) The entity responsible for the maintenance of the local streets and roads within the jurisdiction of the expressway shall be responsible for the maintenance of the expressway. 6973. Construction Manager/General Contractor method projects authorized pursuant to Section 6972 shall be governed by the same process, procedures, and requirements as set forth in Section 6703, subdivision (a) of Section 6704, and Sections 6705 to 6708, inclusive, except that any reference to “department” shall mean the regional transportation agency. 6974. (a) Upon completion of a project using the Construction Manager/General Contractor method, the regional transportation agency shall prepare a progress report to its governing body. The progress report shall include, but not be limited to, all of the following information: (1) A description of the project. (2) The name of the entity that was awarded the project. (3) The estimated and actual costs of the project. (4) The estimated and actual schedule for project completion. (5) A description of any written protests concerning any aspect of the solicitation, bid, proposal, or award of the project, including, but not limited to, the resolution of the protests. (6) An assessment of the prequalification process and criteria required by this chapter. (7) A description of the method used to evaluate the bid or proposal, including the weighting of each factor and an assessment of the impact of this requirement on a project. (8) A description of any challenges or unexpected problems that arose during the construction of the project and a description of the solutions that were considered and ultimately implemented to address those challenges and problems. (9) Recommendations to improve the Construction Manager/General Contractor method authorized by this chapter. (b) The progress report shall be made available on the regional transportation agency’s Internet Web site. 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 sets forth the requirements for the solicitation and evaluation of bids and the awarding of contracts by local agencies for public works contracts. Existing law authorizes the Department of Transportation, the Santa Clara County Valley Transportation Authority, and the San Diego Association of Governments to use the Construction Manager/General Contractor project delivery method for transit projects within their respective jurisdictions, subject to certain conditions and requirements. This bill would authorize regional transportation agencies, as defined, to use the Construction Manager/General Contractor project delivery method, as specified, to design and construct certain expressways that are not on the state highway system if: (1) the expressways are developed in accordance with an expenditure plan approved by voters, (2) there is an evaluation of the traditional design-bid-build method of construction and of the Construction Manager/General Contractor method, and (3) the board of the regional transportation agency adopts the method in a public meeting. The bill would require the regional transportation agency to provide a report, containing specified information, to its governing body upon completion of a project using the Construction Manager/General Contractor method. The bill would require specified information provided to a regional transportation agency to be verified under oath. By expanding the scope of the existing crime of perjury, 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. Chapter 6.7 (commencing with Section 6970) is added to Part 1 of Division 2 of the Public Contract Code, to read: CHAPTER 6.7. Construction Manager/General Contractor Method: Regional Projects on Expressways 6970. (a) This chapter provides for an alternative procurement procedure for certain transportation projects performed by a regional transportation agency. (b) The Construction Manager/General Contractor method allows the regional transportation agency to engage a construction manager during the design process to provide input on the design. During the design phase, the construction manager provides advice including, but not limited to, scheduling, pricing, and phasing to assist the agency to design a more constructible project. (c) The Legislature finds and declares that utilizing a Construction Manager/General Contractor method requires a clear understanding of the roles and responsibilities of each participant in the process. The Legislature also finds and declares that cost-effective benefits are achieved by shifting the liability and risk for cost containment and project schedule to the construction manager and by permitting the coherent phasing of projects into discrete contract increments. 6971. For purposes of this chapter, the following definitions apply: (a) “Construction manager” means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting and engineering services as needed pursuant to a Construction Manager/General Contractor method contract. (b) “Construction Manager/General Contractor method” means a project delivery method in which a construction manager is procured to provide preconstruction services during the design phase of the project and construction services during the construction phase of the project. The contract for construction services may be entered into at the same time as the contract for preconstruction services, or at a later time. The execution of the design and the construction of the project may be in sequential phases or concurrent phases. (c) “Preconstruction services” means advice during the design phase, including, but not limited to, scheduling, pricing, and phasing to assist the regional transportation agency to design a more constructible project. (d) “Project” means the construction of an expressway that is not on the state highway system. (e) “Regional transportation agency” means any of the following: (1) A transportation planning agency described in Section 29532 or 29532.1 of the Government Code. (2) A county transportation commission established under Section 130050, 130050.1, or 130050.2 of the Public Utilities Code. (3) Any other local or regional transportation entity that is designated by statute as a regional transportation agency. (4) A joint exercise of powers authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, with the consent of a transportation planning agency or a county transportation commission for the jurisdiction in which the transportation project will be developed. (5) A local transportation authority created or designated pursuant to Division 12.5 (commencing with Section 131000) or Division 19 (commencing with Section 180000) of the Public Utilities Code. (6) The Santa Clara Valley Transportation Authority established pursuant to Part 12 (commencing with Section 100000) of Division 10 of the Public Utilities Code. 6972. (a) A regional transportation agency may utilize the Construction Manager/General Contractor method of procurement to design and construct projects if the projects are developed in accordance with an expenditure plan approved by voters. (b) A regional transportation agency may enter into a Construction Manager/General Contractor contract pursuant to this chapter after evaluation of the traditional design-bid-build method of construction and of the Construction Manager/General Contractor method and the board of the regional transportation agency affirmatively adopts the procurement strategy in a public meeting. (c) The entity responsible for the maintenance of the local streets and roads within the jurisdiction of the expressway shall be responsible for the maintenance of the expressway. 6973. Construction Manager/General Contractor method projects authorized pursuant to Section 6972 shall be governed by the same process, procedures, and requirements as set forth in Section 6703, subdivision (a) of Section 6704, and Sections 6705 to 6708, inclusive, except that any reference to “department” shall mean the regional transportation agency. 6974. (a) Upon completion of a project using the Construction Manager/General Contractor method, the regional transportation agency shall prepare a progress report to its governing body. The progress report shall include, but not be limited to, all of the following information: (1) A description of the project. (2) The name of the entity that was awarded the project. (3) The estimated and actual costs of the project. (4) The estimated and actual schedule for project completion. (5) A description of any written protests concerning any aspect of the solicitation, bid, proposal, or award of the project, including, but not limited to, the resolution of the protests. (6) An assessment of the prequalification process and criteria required by this chapter. (7) A description of the method used to evaluate the bid or proposal, including the weighting of each factor and an assessment of the impact of this requirement on a project. (8) A description of any challenges or unexpected problems that arose during the construction of the project and a description of the solutions that were considered and ultimately implemented to address those challenges and problems. (9) Recommendations to improve the Construction Manager/General Contractor method authorized by this chapter. (b) The progress report shall be made available on the regional transportation agency’s Internet Web site. 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. Article 3.9 (commencing with Section 8574.50) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read: Article 3.9. California Cyber Security 8574.50. (a) There is hereby continued in existence the California Cyber Security Task Force, created in 2013 by the Governor’s Office of Emergency Services and the Department of Technology, in the Governor’s Office of Emergency Services. (b) The California Cyber Security Task Force shall consist of the following members: (1) The Director of Emergency Services, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Office of Emergency Services’ information technology and information security duties. (2) The Director of the Department of Technology, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the director’s information technology and information security duties set forth in Chapter 5.6 (commencing with Section 11545). (3) The Attorney General, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Department of Justice’s information technology and information security. (4) The Adjutant General of the Military Department, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Military Department’s information technology and information security. (5) The Commissioner of the California Highway Patrol, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Department of the California Highway Patrol’s information technology and information security. (6) A representative of the Public Utilities Commission or California Energy Commission with knowledge, expertise, and decisionmaking authority with respect to information technology and information security, who shall be appointed by the Governor. (7) A representative from the utility or energy industry, who shall be appointed by the Governor. (8) A representative from law enforcement, who shall be appointed by the Governor. (9) Three individuals with cyber security expertise, who shall be appointed, one each, by the Governor, the Senate Rules Committee, and the Speaker of the Assembly. (c) The California Cyber Security Task Force may convene stakeholders, both public and private, to act in an advisory capacity and compile policy recommendations on cyber security for the State of California. The California Cyber Security Task Force shall complete and issue a report of policy recommendations to the Governor’s office and the Legislature on an annual basis. The report shall be completed in compliance with Section 9795. (d) The California Cyber Security Task Force shall meet quarterly, or more often as necessitated by emergency circumstances, within existing resources to ensure that the policy recommendations from the report are implemented and any necessary modifications that may arise are addressed in a timely manner. (e) The Governor’s Office of Emergency Services and the Department of Technology may conduct the strategic direction of risk assessments performed by the Military Department’s Computer Network Defense Team as budgeted in Item 8940-001-0001 of the Budget Act of 2014. 8574.51. There is within the Governor’s Office of Emergency Services a State Director of Cyber Security, appointed by the Governor and confirmed by the Senate, subject to Senate confirmation, who shall do all of the following: (a) Be the Executive Director of the California Cyber Security Task Force. (b) Provide strategic direction of risk assessments performed with state resources. (c) Complete a risk profile of state assets and capabilities for the purpose of compiling statewide contingency plans including, but not limited to, Emergency Function 18 of the State Emergency Plan. (d) Act as point of contact to the federal government and private entities within the state in the event of a relevant emergency as declared by the Governor. (e) Be an adviser to the Governor’s Office of Emergency Services and the Department of Technology on cyber security. 8574.52. The Cyber Security Task Force shall perform the following functions based on the following priorities: (a) Develop within state government cyber prevention, defense, and response strategies and define a hierarchy of command within the state for this purpose. This duty includes, but is not limited to, the following activities: (1) Ensuring the continual performance of risk assessments on state information technology systems. The assessments shall include penetration tests, vulnerability scans, and other industry-standard methods that identify potential risk. (2) Using assessment results and other state-level data to create a risk profile of public assets, critical infrastructure, public networks, and private operations susceptible to cyber-attacks. The risk profile shall include the development of statewide contingency plans including, but not limited to, Emergency Function 18 of the State Emergency Plan. (b) Partner with the United States Department of Homeland Security to develop an appropriate information sharing system that allows for a controlled and secure process to effectively disseminate cyber threat and response information and data to relevant private and public sector entities. This information sharing system shall reflect state priorities and target identified threat and capability gaps. (c) Provide recommendations for information technology security standards for all state agencies using, among other things, protocols established by the National Institute for Standards and Technology and reflective of appropriate state priorities. (d) Compile and integrate, as appropriate, the research conducted by academic institutions, federal laboratories, and other cyber security experts into state operations and functions. (e) Expand the state’s public-private cyber security partnership network. (f) Expand collaboration with the state’s law enforcement apparatus assigned jurisdiction to prevent, deter, investigate, and prosecute cyber attacks and information technology crime, including collaboration with entities like the High-Tech Theft Apprehension Program, and its five regional task forces, the Department of the California Highway Patrol, and the Attorney General’s eCrimes unit. Collaboration shall include information sharing that will enhance their capabilities including assistance to better align their activities with federal and local resources, provide additional resources, and extend their efforts into regions of the state not currently represented. (g) Propose, where appropriate, potential operational or functional enhancement to the state’s cyber security assessment and response capabilities, as well as investment or spending recommendation and guidance for the state’s information technology budget and procurement. 8574.53. The California Cyber Security Task Force shall take all necessary steps to protect personal information and privacy, public and private sector data, and the constitutional rights and liberties of individuals, when implementing its duties. 8574.54. (a) The California Cyber Security Task Force may issue reports, in addition to the report described in subdivision (c) of Section 8574.51, to the Governor’s office and the Legislature detailing the activities of the task force, including, but not limited to, progress on the California Cyber Security Task Force’s various tasks and actions taken and recommended in response to an incident, as appropriate. (b) The reports shall be submitted in compliance with Section 9795. 8574.55. The California Cyber Security Task Force may engage or accept the services of agency or department personnel, accept the services of stakeholder organizations, and accept federal, private, or other nonstate funding, to operate, manage, or conduct the business of the California Cyber Security Task Force. 8574.56. Each department and agency shall cooperate with the California Cyber Security Task Force and furnish it with information and assistance that is necessary or useful to further the purposes of this article. 8574.57. This article shall become inoperative on January 1, 2020, and shall be repealed as of that date.

Existing law establishes various advisory boards and commissions in state government with specified duties and responsibilities. Existing law establishes in state government the Governor’s Office of Emergency Services and the Department of Technology. This bill would continue in existence the California Cyber Security Task Force, consisting of specified members, previously created by the Governor’s Office of Emergency Services and the Department of Technology, in the Governor’s Office of Emergency Services. This The bill would authorize the task force to convene stakeholders to act in an advisory capacity and compile policy recommendations on cyber security for the state. The bill would require the task force to meet quarterly, or more often as necessitated by emergency circumstances. This The bill would require the task force to complete and issue a report of policy recommendations to the Governor’s office and the Legislature. This The bill would also require the task force to perform specified functions relating to cyber security. This The bill would create a State Director of Cyber Security with specified duties within the Governor’s Office of Emergency Services. This The bill would repeal these provisions on January 1, 2020.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Article 3.9 (commencing with Section 8574.50) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read: Article 3.9. California Cyber Security 8574.50. (a) There is hereby continued in existence the California Cyber Security Task Force, created in 2013 by the Governor’s Office of Emergency Services and the Department of Technology, in the Governor’s Office of Emergency Services. (b) The California Cyber Security Task Force shall consist of the following members: (1) The Director of Emergency Services, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Office of Emergency Services’ information technology and information security duties. (2) The Director of the Department of Technology, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the director’s information technology and information security duties set forth in Chapter 5.6 (commencing with Section 11545). (3) The Attorney General, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Department of Justice’s information technology and information security. (4) The Adjutant General of the Military Department, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Military Department’s information technology and information security. (5) The Commissioner of the California Highway Patrol, or his or her designee with knowledge, expertise, and decisionmaking authority with respect to the Department of the California Highway Patrol’s information technology and information security. (6) A representative of the Public Utilities Commission or California Energy Commission with knowledge, expertise, and decisionmaking authority with respect to information technology and information security, who shall be appointed by the Governor. (7) A representative from the utility or energy industry, who shall be appointed by the Governor. (8) A representative from law enforcement, who shall be appointed by the Governor. (9) Three individuals with cyber security expertise, who shall be appointed, one each, by the Governor, the Senate Rules Committee, and the Speaker of the Assembly. (c) The California Cyber Security Task Force may convene stakeholders, both public and private, to act in an advisory capacity and compile policy recommendations on cyber security for the State of California. The California Cyber Security Task Force shall complete and issue a report of policy recommendations to the Governor’s office and the Legislature on an annual basis. The report shall be completed in compliance with Section 9795. (d) The California Cyber Security Task Force shall meet quarterly, or more often as necessitated by emergency circumstances, within existing resources to ensure that the policy recommendations from the report are implemented and any necessary modifications that may arise are addressed in a timely manner. (e) The Governor’s Office of Emergency Services and the Department of Technology may conduct the strategic direction of risk assessments performed by the Military Department’s Computer Network Defense Team as budgeted in Item 8940-001-0001 of the Budget Act of 2014. 8574.51. There is within the Governor’s Office of Emergency Services a State Director of Cyber Security, appointed by the Governor and confirmed by the Senate, subject to Senate confirmation, who shall do all of the following: (a) Be the Executive Director of the California Cyber Security Task Force. (b) Provide strategic direction of risk assessments performed with state resources. (c) Complete a risk profile of state assets and capabilities for the purpose of compiling statewide contingency plans including, but not limited to, Emergency Function 18 of the State Emergency Plan. (d) Act as point of contact to the federal government and private entities within the state in the event of a relevant emergency as declared by the Governor. (e) Be an adviser to the Governor’s Office of Emergency Services and the Department of Technology on cyber security. 8574.52. The Cyber Security Task Force shall perform the following functions based on the following priorities: (a) Develop within state government cyber prevention, defense, and response strategies and define a hierarchy of command within the state for this purpose. This duty includes, but is not limited to, the following activities: (1) Ensuring the continual performance of risk assessments on state information technology systems. The assessments shall include penetration tests, vulnerability scans, and other industry-standard methods that identify potential risk. (2) Using assessment results and other state-level data to create a risk profile of public assets, critical infrastructure, public networks, and private operations susceptible to cyber-attacks. The risk profile shall include the development of statewide contingency plans including, but not limited to, Emergency Function 18 of the State Emergency Plan. (b) Partner with the United States Department of Homeland Security to develop an appropriate information sharing system that allows for a controlled and secure process to effectively disseminate cyber threat and response information and data to relevant private and public sector entities. This information sharing system shall reflect state priorities and target identified threat and capability gaps. (c) Provide recommendations for information technology security standards for all state agencies using, among other things, protocols established by the National Institute for Standards and Technology and reflective of appropriate state priorities. (d) Compile and integrate, as appropriate, the research conducted by academic institutions, federal laboratories, and other cyber security experts into state operations and functions. (e) Expand the state’s public-private cyber security partnership network. (f) Expand collaboration with the state’s law enforcement apparatus assigned jurisdiction to prevent, deter, investigate, and prosecute cyber attacks and information technology crime, including collaboration with entities like the High-Tech Theft Apprehension Program, and its five regional task forces, the Department of the California Highway Patrol, and the Attorney General’s eCrimes unit. Collaboration shall include information sharing that will enhance their capabilities including assistance to better align their activities with federal and local resources, provide additional resources, and extend their efforts into regions of the state not currently represented. (g) Propose, where appropriate, potential operational or functional enhancement to the state’s cyber security assessment and response capabilities, as well as investment or spending recommendation and guidance for the state’s information technology budget and procurement. 8574.53. The California Cyber Security Task Force shall take all necessary steps to protect personal information and privacy, public and private sector data, and the constitutional rights and liberties of individuals, when implementing its duties. 8574.54. (a) The California Cyber Security Task Force may issue reports, in addition to the report described in subdivision (c) of Section 8574.51, to the Governor’s office and the Legislature detailing the activities of the task force, including, but not limited to, progress on the California Cyber Security Task Force’s various tasks and actions taken and recommended in response to an incident, as appropriate. (b) The reports shall be submitted in compliance with Section 9795. 8574.55. The California Cyber Security Task Force may engage or accept the services of agency or department personnel, accept the services of stakeholder organizations, and accept federal, private, or other nonstate funding, to operate, manage, or conduct the business of the California Cyber Security Task Force. 8574.56. Each department and agency shall cooperate with the California Cyber Security Task Force and furnish it with information and assistance that is necessary or useful to further the purposes of this article. 8574.57. This article shall become inoperative on January 1, 2020, and shall be repealed as of 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 9873 of the Business and Professions Code, as amended by Section 19 of Chapter 428 of the Statutes of 2014, is amended to read: 9873. The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule: (a) (1) The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a service contractor is not more than ninety-five dollars ($95) for each place of business in this state. (2) The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405) for each place of business in this state. The initial registration fee for a person who is a service contractor and engages in business as either an electronic repair industry service dealer or an appliance repair industry service dealer is not more than three hundred dollars ($300) for each place of business in this state. (3) The initial registration fee for a person who engages in both the electronic repair industry and the appliance repair industry as a service dealer and is a service contractor is not more than five hundred dollars ($500) for each place of business in this state. (4) A service dealer or service contractor who does not operate a place of business in this state, but engages in the electronic repair industry, the appliance repair industry, or sells, issues, or administers service contracts in this state shall pay the registration fee specified herein as if he or she had a place of business in this state. (b) (1) The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual registration renewal fee for a service contractor is ninety-five dollars ($95) for each place of business in this state, if renewed prior to its expiration date. (2) The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400) for each place of business in this state. (3) The annual renewal fee for a service dealer who engages in the electronic repair industry and the appliance repair industry and is a service contractor is not more than four hundred seventy-five dollars ($475) for each place of business in this state. (4) A service dealer or service contractor who does not operate a place of business in this state, but who engages in the electronic repair industry, the appliance repair industry, or sells or issues service contracts in this state shall pay the registration fee specified herein as if he or she had a place of business in this state. (c) The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5. (d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2019, deletes or extends that date. (e) Notwithstanding any other law, the director shall not adopt any regulation to increase any fee provided for in this section before January 1, 2017. SEC. 2. Section 9873 of the Business and Professions Code, as amended by Section 20 of Chapter 428 of the Statutes of 2014, is amended to read: 9873. The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule: (a) The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405). (b) The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400). (c) The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5. (d) This section shall become operative on January 1, 2019. SEC. 3. Section 19170 of the Business and Professions Code is amended to read: 19170. (a) The fee imposed for the issuance and for the biennial renewal of each license granted under this chapter shall be set by the chief, with the approval of the director, at a sum not more nor less than that shown in the following table: Maximum fee Minimum fee Importer’s license ........................ $940 $120 Furniture and bedding manufacturer’s license ........................ 940 120 Wholesale furniture and bedding dealer’s license ........................ 675 120 Supply dealer’s license ........................ 675 120 Custom upholsterer’s license ........................ 450 80 Sanitizer’s license ........................ 450 80 Retail furniture and bedding dealer’s license ........................ 300 40 Retail furniture dealer’s license ........................ 150 20 Retail bedding dealer’s license ........................ 150 20 (b) Individuals who, in their own homes and without the employment of any other person, make, sell, advertise, or contract to make pillows, quilts, quilted pads, or comforters are exempt from the fee requirements imposed by subdivision (a). However, these individuals shall comply with all other provisions of this chapter. (c) Retailers who only sell “used” and “antique” furniture as defined in Sections 19008.1 and 19008.2 are exempt from the fee requirements imposed by subdivision (a). Those retailers are also exempt from the other provisions of this chapter. (d) A person who makes, sells, or advertises upholstered furniture and bedding as defined in Sections 19006 and 19007, and who also makes, sells, or advertises furniture used exclusively for the purpose of physical fitness and exercise, shall comply with the fee requirements imposed by subdivision (a). (e) A person who has paid the required fee and who is licensed either as an upholstered furniture and bedding manufacturer or a custom upholsterer under this chapter shall not be required to additionally pay the fee for a sanitizer’s license.

Existing law, the Electronic Appliance Repair Dealer Registration Law and the Home Furnishings and Thermal Insulation Act, provides for the licensure and regulation of, among others, electronic appliance and repair dealers, upholstered furniture and bedding retailers, and upholstered furniture and bedding wholesalers by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation and makes a failure to comply with its provisions a crime. Existing law establishes the bureau under the supervision and control of the Director of Consumer Affairs. Existing law requires the director to administer and enforce those provisions relating to the licensure and regulation of electronic and appliance repair service dealers and persons engaged in various businesses associated with home furnishings. Existing law also requires the director to set certain fees by regulation. Existing law establishes the maximum amount for the initial registration fee for each place of business in the state of an electronic repair industry service dealer, an appliance repair industry service dealer, a service contractor, a person who is engaged in business as both an electronic repair industry service dealer and appliance repair industry service dealer, a service contractor who is engaged in business as either an electronic repair industry service dealer or an appliance industry service dealer, and a service contractor who engages in both the electronic repair industry and the appliance repair industry as a service dealer. Existing law requires a service dealer or service contractor who does not operate a place of business in the state, but engages in at least some of these activities in the state to pay these fees as if he or she had a place of business in the state. This bill would increase the maximum amounts of the initial registration fees for each of the above described persons, as specified, but would prohibit the director from adopting regulations to increase these fees before January 1, 2017. Existing law also establishes, among other things, the maximum amount for the annual registration renewal fee for each place of business for an electronic repair industry service dealer, an appliance repair industry dealer, a service contractor, and a service dealer who is engaged in business as both an electronic repair industry service dealer and an appliance repair industry service dealer. This bill would increase the maximum amount for each of these annual registration renewal fees, as specified, but would prohibit the director from adopting regulations to increase these fees before January 1, 2017. Existing law also requires the chief of the bureau, with the approval of the director, to set, within specified maximum and minimum amounts, the license issuance and biennial renewal fees for an importer, furniture and bedding manufacturer, wholesale furniture and bedding dealer, supply dealer, custom upholsterer, sanitizer, retail furniture and bedding dealer, retail furniture dealer, and retail bedding dealer. This bill would increase the maximum amount for each of these issuance and biennial renewal fees, as specified.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 9873 of the Business and Professions Code, as amended by Section 19 of Chapter 428 of the Statutes of 2014, is amended to read: 9873. The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule: (a) (1) The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a service contractor is not more than ninety-five dollars ($95) for each place of business in this state. (2) The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405) for each place of business in this state. The initial registration fee for a person who is a service contractor and engages in business as either an electronic repair industry service dealer or an appliance repair industry service dealer is not more than three hundred dollars ($300) for each place of business in this state. (3) The initial registration fee for a person who engages in both the electronic repair industry and the appliance repair industry as a service dealer and is a service contractor is not more than five hundred dollars ($500) for each place of business in this state. (4) A service dealer or service contractor who does not operate a place of business in this state, but engages in the electronic repair industry, the appliance repair industry, or sells, issues, or administers service contracts in this state shall pay the registration fee specified herein as if he or she had a place of business in this state. (b) (1) The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual registration renewal fee for a service contractor is ninety-five dollars ($95) for each place of business in this state, if renewed prior to its expiration date. (2) The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400) for each place of business in this state. (3) The annual renewal fee for a service dealer who engages in the electronic repair industry and the appliance repair industry and is a service contractor is not more than four hundred seventy-five dollars ($475) for each place of business in this state. (4) A service dealer or service contractor who does not operate a place of business in this state, but who engages in the electronic repair industry, the appliance repair industry, or sells or issues service contracts in this state shall pay the registration fee specified herein as if he or she had a place of business in this state. (c) The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5. (d) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2019, deletes or extends that date. (e) Notwithstanding any other law, the director shall not adopt any regulation to increase any fee provided for in this section before January 1, 2017. SEC. 2. Section 9873 of the Business and Professions Code, as amended by Section 20 of Chapter 428 of the Statutes of 2014, is amended to read: 9873. The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule: (a) The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405). (b) The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400). (c) The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5. (d) This section shall become operative on January 1, 2019. SEC. 3. Section 19170 of the Business and Professions Code is amended to read: 19170. (a) The fee imposed for the issuance and for the biennial renewal of each license granted under this chapter shall be set by the chief, with the approval of the director, at a sum not more nor less than that shown in the following table: Maximum fee Minimum fee Importer’s license ........................ $940 $120 Furniture and bedding manufacturer’s license ........................ 940 120 Wholesale furniture and bedding dealer’s license ........................ 675 120 Supply dealer’s license ........................ 675 120 Custom upholsterer’s license ........................ 450 80 Sanitizer’s license ........................ 450 80 Retail furniture and bedding dealer’s license ........................ 300 40 Retail furniture dealer’s license ........................ 150 20 Retail bedding dealer’s license ........................ 150 20 (b) Individuals who, in their own homes and without the employment of any other person, make, sell, advertise, or contract to make pillows, quilts, quilted pads, or comforters are exempt from the fee requirements imposed by subdivision (a). However, these individuals shall comply with all other provisions of this chapter. (c) Retailers who only sell “used” and “antique” furniture as defined in Sections 19008.1 and 19008.2 are exempt from the fee requirements imposed by subdivision (a). Those retailers are also exempt from the other provisions of this chapter. (d) A person who makes, sells, or advertises upholstered furniture and bedding as defined in Sections 19006 and 19007, and who also makes, sells, or advertises furniture used exclusively for the purpose of physical fitness and exercise, shall comply with the fee requirements imposed by subdivision (a). (e) A person who has paid the required fee and who is licensed either as an upholstered furniture and bedding manufacturer or a custom upholsterer under this chapter shall not be required to additionally pay the fee for a sanitizer’s license. ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 9873

The people of the State of California do enact as follows: SECTION 1. (a) In submitting this act to the electors, the Legislature finds and declares all of the following: (1) The theft of firearms and receipt of stolen firearms pose dangers to public safety that are different in kind from other types of theft or the receipt of other types of stolen property. (2) Many handguns have a value of less than nine hundred fifty dollars ($950). The threat to public safety in regard to stolen firearms goes above and beyond the monetary value of the firearm. (3) Given the significant and particular threat to public safety in regard to stolen firearms, it is appropriate to restore the penalties that existed prior to the passage of the Safe Neighborhoods and Schools Act in regard to stolen firearms. (b) It is not the intent of the Legislature in submitting this act to the electors to undermine the voter’s decision to decrease penalties for low-level theft and receiving stolen property, only to give the voters the opportunity to decide whether firearm thefts and the receipt of stolen firearms should be subject to the penalties that existed prior to the passage of the Safe Neighborhoods and Schools Act. SEC. 2. Section 490.2 of the Penal Code is amended to read: 490.2. (a) Notwithstanding Section 487 or any other law defining grand theft, except as provided in subdivision (c), obtaining property by theft where the value of the money, labor, real property, or personal property taken does not exceed nine hundred fifty dollars ($950) is petty theft and shall be punished as a misdemeanor, except that the person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. (b) This section does not apply to a theft that may be charged as an infraction pursuant to any other law. (c) If the property taken is a firearm, the theft is grand theft in all cases, as specified in paragraph (2) of subdivision (d) of Section 487, and is punishable pursuant to subdivision (a) of Section 489. SEC. 3. Section 496 of the Penal Code is amended to read: 496. (a) (1) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, except as provided in subdivision (e), if the value of the property does not exceed nine hundred fifty dollars ($950), the offense is a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if the person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. (2) A principal in the actual theft of the property may be convicted pursuant to this section. However, a person may not be convicted both pursuant to this section and of the theft of the same property. (b) (1) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. (2) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor. (c) A person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney’s fees. (d) Notwithstanding Section 664, an attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (e) Notwithstanding subdivision (a), a person who buys or receives a firearm that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding a firearm from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. SEC. 4. Section 29805 of the Penal Code is amended to read: 29805. Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, Section 171b, paragraph (1) of subdivision (a) of Section 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 490.2 if the property taken was a firearm, 496 if the property consists of a firearm, 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as that section read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860. 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. (a) Sections 2 and 3 of this act amend the Safe Neighborhoods and Schools Act, Proposition 47, an initiative statute, and shall become effective only when submitted to and approved by the voters at a statewide election. (b) A special election is hereby called, to be held throughout the state on November 8, 2016, for approval by the voters of Sections 2 and 3 of this act. The special election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election, and only one form of ballot shall be used. (c) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit Sections 2 and 3 of this act to the voters for their approval at the November 8, 2016, statewide general election. SEC. 7. This act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect.

(1) The existing Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of property that does not exceed $950 in value petty theft, and makes that crime punishable as a misdemeanor, with certain exceptions. The California Constitution authorizes the Legislature to amend an initiative statute by another statute that becomes effective only when approved by the electors. This bill would amend that initiative statute by making the theft of a firearm grand theft in all cases and punishable by imprisonment in the state prison for 16 months, or 2 or 3 years. (2) Under existing law, a person who buys or receives property that has been stolen, knowing the property to be stolen, or who conceals, sells, withholds, or aids in concealing, selling, or withholding property from the owner, knowing the property to be stolen, is guilty of a misdemeanor or a felony, except that if the value of the property does not exceed $950, Proposition 47 makes the offense punishable as a misdemeanor if the defendant has not previously been convicted of one or more specified serious or violent felonies or an offense requiring registration as a sex offender. This bill would amend that initiative statute by making the buying or receiving of a stolen firearm, with knowledge that the property was stolen, or the concealing, selling, withholding, or aiding in concealing, selling, or withholding of a firearm, with knowledge that the property was stolen, a misdemeanor or a felony. (3) Existing law generally prohibits a person who has been convicted of certain misdemeanors from possessing a firearm within 10 years of the conviction. Under existing law, a violation of this prohibition is a crime, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding $1,000, or by both that imprisonment and fine. This bill would add to the list of misdemeanors, the conviction for which is subject to the above prohibition on possessing a firearm within 10 years of the conviction, the petty theft of a firearm and the buying, receiving, concealing, selling, withholding, or aiding in concealing, selling, or withholding, of stolen property consisting of a firearm, as specified. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (4) This bill would call a special election to be consolidated with the November 8, 2016, statewide general election. This bill would require the Secretary of State to submit the provisions of the bill that amend the initiative statute, as described in (1) and (2) above, to the electors for their approval at the November 8, 2016, consolidated election. This bill would declare that it is to take effect immediately as an act calling an election.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. (a) In submitting this act to the electors, the Legislature finds and declares all of the following: (1) The theft of firearms and receipt of stolen firearms pose dangers to public safety that are different in kind from other types of theft or the receipt of other types of stolen property. (2) Many handguns have a value of less than nine hundred fifty dollars ($950). The threat to public safety in regard to stolen firearms goes above and beyond the monetary value of the firearm. (3) Given the significant and particular threat to public safety in regard to stolen firearms, it is appropriate to restore the penalties that existed prior to the passage of the Safe Neighborhoods and Schools Act in regard to stolen firearms. (b) It is not the intent of the Legislature in submitting this act to the electors to undermine the voter’s decision to decrease penalties for low-level theft and receiving stolen property, only to give the voters the opportunity to decide whether firearm thefts and the receipt of stolen firearms should be subject to the penalties that existed prior to the passage of the Safe Neighborhoods and Schools Act. SEC. 2. Section 490.2 of the Penal Code is amended to read: 490.2. (a) Notwithstanding Section 487 or any other law defining grand theft, except as provided in subdivision (c), obtaining property by theft where the value of the money, labor, real property, or personal property taken does not exceed nine hundred fifty dollars ($950) is petty theft and shall be punished as a misdemeanor, except that the person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. (b) This section does not apply to a theft that may be charged as an infraction pursuant to any other law. (c) If the property taken is a firearm, the theft is grand theft in all cases, as specified in paragraph (2) of subdivision (d) of Section 487, and is punishable pursuant to subdivision (a) of Section 489. SEC. 3. Section 496 of the Penal Code is amended to read: 496. (a) (1) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, except as provided in subdivision (e), if the value of the property does not exceed nine hundred fifty dollars ($950), the offense is a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if the person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. (2) A principal in the actual theft of the property may be convicted pursuant to this section. However, a person may not be convicted both pursuant to this section and of the theft of the same property. (b) (1) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. (2) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor. (c) A person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney’s fees. (d) Notwithstanding Section 664, an attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (e) Notwithstanding subdivision (a), a person who buys or receives a firearm that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding a firearm from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. SEC. 4. Section 29805 of the Penal Code is amended to read: 29805. Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, Section 171b, paragraph (1) of subdivision (a) of Section 171c, 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 490.2 if the property taken was a firearm, 496 if the property consists of a firearm, 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as that section read at any time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it was repealed by Section 18 of Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860. 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. (a) Sections 2 and 3 of this act amend the Safe Neighborhoods and Schools Act, Proposition 47, an initiative statute, and shall become effective only when submitted to and approved by the voters at a statewide election. (b) A special election is hereby called, to be held throughout the state on November 8, 2016, for approval by the voters of Sections 2 and 3 of this act. The special election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election, and only one form of ballot shall be used. (c) Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit Sections 2 and 3 of this act to the voters for their approval at the November 8, 2016, statewide general election. SEC. 7. This act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect. ### Summary: This bill amends the Safe Neighborhoods and Schools Act, Proposition 47, an initiative statute, to restore the penalties that existed prior to the passage of the

The people of the State of California do enact as follows: SECTION 1. Article 3.3 (commencing with Section 20119) is added to Chapter 1 of Part 3 of Division 2 of the Public Contract Code, to read: Article 3.3. Los Angeles Unified School District — Best Value Procurement 20119. (a) It is the intent of the Legislature to enable school districts to use cost-effective options for building and modernizing school facilities. The Legislature has recognized the merits of the best value procurement method process in the past by authorizing its use for projects undertaken by the University of California. (b) The Legislature also finds and declares that school districts using the best value procurement method require a clear understanding of the roles and responsibilities of each participant in the best value process. As reflected in the University of California report to the Legislature, the benefits of a best value procurement method include a reduction in contract delays, change orders, and claims producing a savings in both contract costs and administration. (c) It is the intent of the Legislature to provide an optional, alternative procedure for bidding and building school construction projects. 20119.1. As used in this article: (a) “Apprenticeable occupation” means an occupation for which the Chief of the Division of Apprenticeship Standards had approved an apprenticeship program pursuant to Section 3075 of the Labor Code prior to January 1, 2015. (b) “Best value” means a procurement process whereby the selected 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. (c) “Best value contract” means a competitively bid contract entered into pursuant to this article. (d) “Best value contractor” means a properly licensed person, firm, or corporation that submits a bid for and is awarded a best value contract. (e) “Best value score” means the resulting score when the school district divides the bidder’s price by the bidder’s qualification score. (f) “Demonstrated management competency” means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity. (g) “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 and required insurance. (h) “Governing board” or “governing board of the school district” means the governing board of the Los Angeles Unified School District. (i) “Labor compliance” means the ability to comply with, and past conformance 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, at 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. (j) “Project” has the same meaning as “public project” as defined in subdivision (c) of Section 22002. (k) “Qualifications” means financial condition, relevant experience, demonstrated management competency, labor compliance, the safety record of the bidder, and, to the extent relevant, the preceding qualifications as they pertain to all subcontractors proposed to be used by the bidder for designated portions of the work. (l) “Relevant experience” means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity. (m) “Safety record” shall be deemed “acceptable” if a contractor’s experience modification rate for the most recent three-year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period do not exceed the applicable statistical standards for its business category or if the bidder is a party to an alternative dispute resolution system as provided for in Section 3201.5 of the Labor Code. (n) “School district” means the Los Angeles Unified School District. (o) “Skilled and trained workforce” means a workforce that meets all of the following conditions: (1) All the workers are either skilled journeypersons or apprentices registered in an apprenticeship program approved by the Chief of the Division of Apprenticeship Standards. (2) (A) As of January 1, 2016, at least 20 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. (B) As of January 1, 2017, at least 30 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. (C) As of January 1, 2018, at least 40 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. (D) As of January 1, 2019, at least 50 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. (E) As of January 1, 2020, at least 60 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. (3) For an apprenticeable occupation in which no apprenticeship program had been approved by the chief prior to January 1, 1995, up to one-half of the graduation percentage requirements of paragraph (2) may be satisfied by skilled journeypersons who commenced working in the apprenticeable occupation prior to the chief’s approval of an apprenticeship program for that occupation in the county in which the project is located. (p) “Skilled journeyperson” means a worker who either: (1) Graduated from an apprenticeship program for the applicable occupation that was approved by the chief or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (2) Has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief. 20119.2. (a) This article provides for a pilot program for the Los Angeles Unified School District to use best value procurement for projects over one million dollars ($1,000,000). (b) The governing board, for projects over one million dollars ($1,000,000), before December 31, 2020, may use the best value procurement method in accordance with this article. (c) The bidder may be selected on the basis of the best value to the governing board of the school district. In order to implement this method of selection, the governing board of the school district shall adopt and publish procedures and required guidelines for evaluating the qualifications of the bidders that ensure the best value selections by the school district are conducted in a fair and impartial manner. These procedures and guidelines shall conform to this article and shall be mandatory for the school district when using best value selection. (d) If the governing board of the school district deems it to be for the best interest of the school district, the governing board of the school district, on the refusal or failure of the selected bidder for a project to execute a tendered contract, may award it to the bidder with the second lowest best value score. If the second bidder fails or refuses to execute the contract, the governing board of the school district may likewise award it to the bidder with the third lowest best value score. (e) The governing board of the school district shall let any contract for a project pursuant to this article to the selected bidder that represents the best value or else reject all bids. (f) (1) If the school district elects to award a project pursuant to this section, retention proceeds withheld by the district from the selected best value contractor shall not exceed 5 percent if a performance and payment bond, issued by an admitted surety insurer, is required in the solicitation of bids. (2) In a contract between the selected best value contractor and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld shall not exceed the percentage specified in the contract between the district and the selected best value contractor. If the selected best value contractor provides written notice to a subcontractor that, prior to or at the time the bid is requested, a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the selected best value contractor, then the selected best value contractor may withhold retention proceeds in excess of the percentage specified in the contract between the district and the selected best value contractor from any payment made by the selected best value contractor to the subcontractor. (g) All subcontractors bidding on contracts pursuant to this chapter shall be afforded the protection contained in Chapter 4 (commencing with Section 4100) of Part 1. 20119.3. The governing board of the school district shall proceed in accordance with the following when awarding best value contracts under this article: (a) The school district shall prepare a solicitation for bids and give notice pursuant to Section 20112. (b) (1) The school district shall establish a procedure to prequalify bidders as required by this code. Information submitted by the bidder as part of the evaluation process shall not be open to public inspection to the extent that information is exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (2) A best value entity shall not be prequalified or shortlisted unless the entity provides an enforceable commitment to the governing board that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades. (3) An entity’s commitment that a skilled and trained workforce will be used to perform the project or contract may be established by any of the following: (A) The entity’s agreement with the school district that the entity and its subcontractors at every tier will comply with the requirements of this subdivision and that the entity will provide the governing board of the school district with evidence, on a monthly basis while the project or contract is being performed, that the entity and its subcontractors are complying with the requirements of this subdivision. (B) If the governing board has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract and that includes the requirements of this subdivision, the entity’s agreement that it will become a party to that project labor agreement. (C) Evidence that the entity has entered into a project labor agreement that includes the requirements of this subdivision and that will bind the entity and all its subcontractors at every tier performing the project or contract. (c) Each solicitation for bids shall do all of the following: (1) Invite prequalified bidders to submit sealed bids in the manner prescribed by this article. (2) Include a section identifying and describing the following: (A) Criteria that the school district will consider in evaluating the qualifications of the bidders. (B) The methodology and rating or weighting system that will be used by the school district in evaluating bids. (C) The relative importance or weight assigned to the criteria for evaluating the qualifications of bidders identified in the request for bids. (d) Final evaluation of the bidders shall be done in a manner that prevents the identity of the bidders and the cost or price information from being revealed in evaluating the qualifications of the bidders prior to completion of qualification scoring. 20119.4. Selection of the best value contractor shall be made as follows: (a) (1) The school district shall evaluate the qualifications of the bidders based solely upon the criteria set forth in the solicitation documents, and shall assign a qualification score to each bid. (2) Qualification scores shall be determined by using only the criteria and selection procedures specifically identified in the request for proposals. The following minimum factors, however, shall be weighted as deemed appropriate by the school district: (A) Relevant experience. (B) Safety record. (C) Other factors identified in the request for proposal. (b) To determine the best value contractor, the school district shall divide each bidder’s price by its qualifications score. A preference of up to 5 percent shall be applied to the price of a bid submitted by a small business, as defined by the school district, before dividing the bidder’s price by its qualification score. The lowest resulting cost per quality point will represent the best value bid. The award of the contract shall be made to the bidder whose bid is determined, by the school district in writing, to be the best value to the school district. (c) The school district shall issue a written decision of its contract award or else reject all bids. (d) Upon issuance of a contract award, the school district shall publicly announce its award identifying the project, the project price, the best value contractor to which the award is made, as well as the prices, qualification scores, and resulting costs per qualification point for all responsive bidders. The contract file shall include documentation sufficient to support the decision to award. 20119.5. (a) (1) A school district that uses the best value procurement method pursuant to this article shall submit to the appropriate policy and fiscal committees of the Legislature an interim and final report on the use of the best value procurement method. The reports shall be prepared by an independent third party and the school district shall pay for the cost of the report. The reports shall be submitted to the appropriate policy and fiscal committees of the Legislature as follows: (A) An interim report on or before July 1, 2018. (B) A final report on or before January 1, 2020. (2) A report shall include, but is not limited to, the following information: (A) A description of the projects awarded using the best value procedures. (B) The contract award amounts. (C) The best value contractors awarded the projects. (D) A description of any written protests concerning any aspect of the solicitation, bid, or award of the best value contracts, including the resolution of the protests. (E) A description of the prequalification process. (F) The criteria used to evaluate the bids, including the weighting of the criteria and an assessment of the effectiveness of the methodology. (G) If a project awarded under this article has been completed, an assessment of the project performance, to include a summary of any delays or cost increases. (b) The requirement for submitting a report imposed pursuant to subdivision (a) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. 20119.6. Except as otherwise provided in this article, the best value procurement method is not intended to change any guideline, criterion, procedure, or requirement of the governing board of the school district to let a contract for a project to the lowest responsible bidder or else reject all bids. 20119.7. This article shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to establish a pilot project for the Los Angeles Unified School District to determine the potential benefits and consequences of using best value procurement to facilitate infrastructure improvements and ease fiscal impacts.

The Local Agency Public Construction Act requires the governing board of any school district to let any contract for a public project, as defined, involving an expenditure of $15,000 or more, to the lowest responsible bidder that gives security as the board requires, or else reject all bids. This bill would establish a pilot program to authorize the Los Angeles Unified School District to use, before December 31, 2020, a best value procurement method for bid evaluation and selection for public projects that exceed $1,000,000. The bill would establish various requirements applicable to the use of the best value procurement method under this authorization. The bill would require the school district to submit an interim and final report to the appropriate policy and fiscal committees of the Legislature on the use of the best value procurement method pursuant to the bill, in accordance with a specified schedule. These provisions would be repealed on January 1, 2021. This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Article 3.3 (commencing with Section 20119) is added to Chapter 1 of Part 3 of Division 2 of the Public Contract Code, to read: Article 3.3. Los Angeles Unified School District — Best Value Procurement 20119. (a) It is the intent of the Legislature to enable school districts to use cost-effective options for building and modernizing school facilities. The Legislature has recognized the merits of the best value procurement method process in the past by authorizing its use for projects undertaken by the University of California. (b) The Legislature also finds and declares that school districts using the best value procurement method require a clear understanding of the roles and responsibilities of each participant in the best value process. As reflected in the University of California report to the Legislature, the benefits of a best value procurement method include a reduction in contract delays, change orders, and claims producing a savings in both contract costs and administration. (c) It is the intent of the Legislature to provide an optional, alternative procedure for bidding and building school construction projects. 20119.1. As used in this article: (a) “Apprenticeable occupation” means an occupation for which the Chief of the Division of Apprenticeship Standards had approved an apprenticeship program pursuant to Section 3075 of the Labor Code prior to January 1, 2015. (b) “Best value” means a procurement process whereby the selected 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. (c) “Best value contract” means a competitively bid contract entered into pursuant to this article. (d) “Best value contractor” means a properly licensed person, firm, or corporation that submits a bid for and is awarded a best value contract. (e) “Best value score” means the resulting score when the school district divides the bidder’s price by the bidder’s qualification score. (f) “Demonstrated management competency” means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity. (g) “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 and required insurance. (h) “Governing board” or “governing board of the school district” means the governing board of the Los Angeles Unified School District. (i) “Labor compliance” means the ability to comply with, and past conformance 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, at 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. (j) “Project” has the same meaning as “public project” as defined in subdivision (c) of Section 22002. (k) “Qualifications” means financial condition, relevant experience, demonstrated management competency, labor compliance, the safety record of the bidder, and, to the extent relevant, the preceding qualifications as they pertain to all subcontractors proposed to be used by the bidder for designated portions of the work. (l) “Relevant experience” means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity. (m) “Safety record” shall be deemed “acceptable” if a contractor’s experience modification rate for the most recent three-year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period do not exceed the applicable statistical standards for its business category or if the bidder is a party to an alternative dispute resolution system as provided for in Section 3201.5 of the Labor Code. (n) “School district” means the Los Angeles Unified School District. (o) “Skilled and trained workforce” means a workforce that meets all of the following conditions: (1) All the workers are either skilled journeypersons or apprentices registered in an apprenticeship program approved by the Chief of the Division of Apprenticeship Standards. (2) (A) As of January 1, 2016, at least 20 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. (B) As of January 1, 2017, at least 30 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. (C) As of January 1, 2018, at least 40 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. (D) As of January 1, 2019, at least 50 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. (E) As of January 1, 2020, at least 60 percent of the skilled journeypersons employed to perform work on the contract or project by the entity and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation that was either approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. (3) For an apprenticeable occupation in which no apprenticeship program had been approved by the chief prior to January 1, 1995, up to one-half of the graduation percentage requirements of paragraph (2) may be satisfied by skilled journeypersons who commenced working in the apprenticeable occupation prior to the chief’s approval of an apprenticeship program for that occupation in the county in which the project is located. (p) “Skilled journeyperson” means a worker who either: (1) Graduated from an apprenticeship program for the applicable occupation that was approved by the chief or located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor. (2) Has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief. 20119.2. (a) This article provides for a pilot program for the Los Angeles Unified School District to use best value procurement for projects over one million dollars ($1,000,000). (b) The governing board, for projects over one million dollars ($1,000,000), before December 31, 2020, may use the best value procurement method in accordance with this article. (c) The bidder may be selected on the basis of the best value to the governing board of the school district. In order to implement this method of selection, the governing board of the school district shall adopt and publish procedures and required guidelines for evaluating the qualifications of the bidders that ensure the best value selections by the school district are conducted in a fair and impartial manner. These procedures and guidelines shall conform to this article and shall be mandatory for the school district when using best value selection. (d) If the governing board of the school district deems it to be for the best interest of the school district, the governing board of the school district, on the refusal or failure of the selected bidder for a project to execute a tendered contract, may award it to the bidder with the second lowest best value score. If the second bidder fails or refuses to execute the contract, the governing board of the school district may likewise award it to the bidder with the third lowest best value score. (e) The governing board of the school district shall let any contract for a project pursuant to this article to the selected bidder that represents the best value or else reject all bids. (f) (1) If the school district elects to award a project pursuant to this section, retention proceeds withheld by the district from the selected best value contractor shall not exceed 5 percent if a performance and payment bond, issued by an admitted surety insurer, is required in the solicitation of bids. (2) In a contract between the selected best value contractor and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld shall not exceed the percentage specified in the contract between the district and the selected best value contractor. If the selected best value contractor provides written notice to a subcontractor that, prior to or at the time the bid is requested, a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the selected best value contractor, then the selected best value contractor may withhold retention proceeds in excess of the percentage specified in the contract between the district and the selected best value contractor from any payment made by the selected best value contractor to the subcontractor. (g) All subcontractors bidding on contracts pursuant to this chapter shall be afforded the protection contained in Chapter 4 (commencing with Section 4100) of Part 1. 20119.3. The governing board of the school district shall proceed in accordance with the following when awarding best value contracts under this article: (a) The school district shall prepare a solicitation for bids and give notice pursuant to Section 20112. (b) (1) The school district shall establish a procedure to prequalify bidders as required by this code. Information submitted by the bidder as part of the evaluation process shall not be open to public inspection to the extent that information is exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (2) A best value entity shall not be prequalified or shortlisted unless the entity provides an enforceable commitment to the governing board that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades. (3) An entity’s commitment that a skilled and trained workforce will be used to perform the project or contract may be established by any of the following: (A) The entity’s agreement with the school district that the entity and its subcontractors at every tier will comply with the requirements of this subdivision and that the entity will provide the governing board of the school district with evidence, on a monthly basis while the project or contract is being performed, that the entity and its subcontractors are complying with the requirements of this subdivision. (B) If the governing board has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract and that includes the requirements of this subdivision, the entity’s agreement that it will become a party to that project labor agreement. (C) Evidence that the entity has entered into a project labor agreement that includes the requirements of this subdivision and that will bind the entity and all its subcontractors at every tier performing the project or contract. (c) Each solicitation for bids shall do all of the following: (1) Invite prequalified bidders to submit sealed bids in the manner prescribed by this article. (2) Include a section identifying and describing the following: (A) Criteria that the school district will consider in evaluating the qualifications of the bidders. (B) The methodology and rating or weighting system that will be used by the school district in evaluating bids. (C) The relative importance or weight assigned to the criteria for evaluating the qualifications of bidders identified in the request for bids. (d) Final evaluation of the bidders shall be done in a manner that prevents the identity of the bidders and the cost or price information from being revealed in evaluating the qualifications of the bidders prior to completion of qualification scoring. 20119.4. Selection of the best value contractor shall be made as follows: (a) (1) The school district shall evaluate the qualifications of the bidders based solely upon the criteria set forth in the solicitation documents, and shall assign a qualification score to each bid. (2) Qualification scores shall be determined by using only the criteria and selection procedures specifically identified in the request for proposals. The following minimum factors, however, shall be weighted as deemed appropriate by the school district: (A) Relevant experience. (B) Safety record. (C) Other factors identified in the request for proposal. (b) To determine the best value contractor, the school district shall divide each bidder’s price by its qualifications score. A preference of up to 5 percent shall be applied to the price of a bid submitted by a small business, as defined by the school district, before dividing the bidder’s price by its qualification score. The lowest resulting cost per quality point will represent the best value bid. The award of the contract shall be made to the bidder whose bid is determined, by the school district in writing, to be the best value to the school district. (c) The school district shall issue a written decision of its contract award or else reject all bids. (d) Upon issuance of a contract award, the school district shall publicly announce its award identifying the project, the project price, the best value contractor to which the award is made, as well as the prices, qualification scores, and resulting costs per qualification point for all responsive bidders. The contract file shall include documentation sufficient to support the decision to award. 20119.5. (a) (1) A school district that uses the best value procurement method pursuant to this article shall submit to the appropriate policy and fiscal committees of the Legislature an interim and final report on the use of the best value procurement method. The reports shall be prepared by an independent third party and the school district shall pay for the cost of the report. The reports shall be submitted to the appropriate policy and fiscal committees of the Legislature as follows: (A) An interim report on or before July 1, 2018. (B) A final report on or before January 1, 2020. (2) A report shall include, but is not limited to, the following information: (A) A description of the projects awarded using the best value procedures. (B) The contract award amounts. (C) The best value contractors awarded the projects. (D) A description of any written protests concerning any aspect of the solicitation, bid, or award of the best value contracts, including the resolution of the protests. (E) A description of the prequalification process. (F) The criteria used to evaluate the bids, including the weighting of the criteria and an assessment of the effectiveness of the methodology. (G) If a project awarded under this article has been completed, an assessment of the project performance, to include a summary of any delays or cost increases. (b) The requirement for submitting a report imposed pursuant to subdivision (a) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. 20119.6. Except as otherwise provided in this article, the best value procurement method is not intended to change any guideline, criterion, procedure, or requirement of the governing board of the school district to let a contract for a project to the lowest responsible bidder or else reject all bids. 20119.7. This article shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to establish a pilot project for the Los Angeles Unified School District to determine the potential benefits and consequences of using best value procurement to facilitate infrastructure improvements and ease fiscal impacts. ### 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 17701.02 of the Corporations Code is amended to read: 17701.02. In this title: (a) “Acknowledged” means that an instrument is either of the following: (1) Formally acknowledged as provided in Article 3 (commencing with Section 1180) of Chapter 4 of Title 4 of Part 4 of Division 2 of the Civil Code. (2) Executed to include substantially the following wording preceding the signature: “It is hereby declared that I am the person who executed this instrument which execution is my act and deed.” Any certificate of acknowledgment taken without this state before a notary public or a judge or clerk of a court of record having an official seal need not be further authenticated. (b) “Articles of organization” means the articles required by Section 17702.01. The term includes the articles of organization as amended or restated. (c) “Contribution” means any benefit provided by a person to a limited liability company: (1) In order to become a member upon formation of the limited liability company and in accordance with an agreement between or among the persons that have agreed to become the initial members of the limited liability company. (2) In order to become a member after formation of the limited liability company and in accordance with an agreement between the person and the limited liability company. (3) In the person’s capacity as a member and in accordance with the operating agreement or an agreement between the member and the limited liability company. (d) “Debtor in bankruptcy” means a person that is the subject of either of the following: (1) An order for relief under Title 11 of the United States Code or a successor statute of general application. (2) A comparable order under federal, state, or foreign law governing bankruptcy or insolvency, an assignment for the benefit of creditors, or an order appointing a trustee, receiver, or liquidator of the person or of all or substantially all of the person’s property. (e) “Designated office” means either of the following: (1) The office that a limited liability company is required to designate and maintain under Section 17701.13. (2) The principal office of a foreign limited liability company. (f) “Distribution,” except as otherwise provided in subdivision (g) of Section 17704.05, means a transfer of money or other property from a limited liability company to another person on account of a transferable interest. (g) “Domestic” means organized under the laws of this state when used in relation to any limited liability company, other business entity, or person other than a natural person. (h) “Effective,” with respect to a record required or permitted to be delivered to the Secretary of State for filing under this title, means effective under subdivision (c) of Section 17702.05. (i) (1) “Electronic transmission by the limited liability company” means a communication delivered by any of the following means: (A) Facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the limited liability company. (B) Posting on an electronic message board or network that the limited liability company has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof. (C) Other means of electronic communication to which both of the following apply: (i) The communication is delivered to a recipient who has provided an unrevoked consent to the use of those means of transmission. (ii) The communication creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. However, an electronic transmission by a limited liability company to an individual member is not authorized unless, in addition to satisfying the requirements of this section, the transmission satisfies the requirements applicable to consumer consent to electronic records as set forth in the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001(c)(1)). (2) “Electronic transmission to the limited liability company” means a communication delivered by any of the following means: (A) Facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, that the limited liability company has provided from time to time to members or managers for sending communications to the limited liability company. (B) Posting on an electronic message board or network that the limited liability company has designated for those communications, which transmission shall be validly delivered upon the posting. (C) Other means of electronic communication to which both of the following apply: (i) The limited liability company has placed in effect reasonable measures to verify that the sender is the member or manager, in person or by proxy, purporting to send the transmission. (ii) The communication creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. (j) “Foreign limited liability company” means an unincorporated entity formed under the law of a jurisdiction other than this state and denominated by that law as a limited liability company. (k) “Limited liability company,” except in the phrase “foreign limited liability company,” means an entity formed under pursuant to this title or an entity that becomes subject to this title pursuant to Article 13 (commencing with Section 17713.01). (l) “Majority of the managers” unless otherwise provided in the operating agreement, means more than 50 percent of the managers of the limited liability company. (m) “Majority of the members” unless otherwise provided in the operating agreement, means more than 50 percent of the membership interests of members in current profits of the limited liability company. (n) “Manager” means a person that under the operating agreement of a manager-managed limited liability company is responsible, alone or in concert with others, for performing the management functions stated in subdivision (c) of Section 17704.07. (o) “Manager-managed limited liability company” means a limited liability company that qualifies under subdivision (a) of Section 17704.07. (p) “Member” means a person that has become a member of a limited liability company under Section 17704.01 and has not dissociated under Section 17706.02. (q) “Member-managed limited liability company” means a limited liability company that is not a manager-managed limited liability company. (r) “Membership interest” means a member’s rights in the limited liability company, including the member’s transferable interest, any right to vote or participate in management, and any right to information concerning the business and affairs of the limited liability company provided by this title. (s) “Operating agreement” means the agreement, whether or not referred to as an operating agreement and whether oral, in a record, implied, or in any combination thereof, of all the members of a limited liability company, including a sole member, concerning the matters described in subdivision (a) of Section 17701.10. The term “operating agreement” may include, without more, an agreement of all members to organize a limited liability company pursuant to this title. An operating agreement of a limited liability company having only one member shall not be unenforceable by reason of there being only one person who is a party to the operating agreement. The term includes the agreement as amended or restated. (t) “Organization” means, whether domestic or foreign, a partnership whether general or limited, limited liability company, association, corporation, professional corporation, professional association, nonprofit corporation, business trust, or statutory business trust having a governing statute. (u) “Organizer” means a person that acts under Section 17702.01 to form a limited liability company. (v) “Person” means an individual, partnership, limited partnership, trust, estate, association, corporation, limited liability company, or other entity, whether domestic or foreign. Nothing in this subdivision shall be construed to confer any rights under the California Constitution or the United States Constitution. (w) “Principal office” means the principal executive office of a limited liability company or foreign limited liability company, whether or not the office is located in this state. (x) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (y) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (z) “Transfer” includes an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, gift, and transfer by operation of law. (aa) “Transferable interest” means the right, as originally associated with a person’s capacity as a member, to receive distributions from a limited liability company in accordance with the operating agreement, whether or not the person remains a member or continues to own any part of the right. (ab) “Transferee” means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a member. (ac) “Vote” includes authorization by written consent or consent given by electronic transmission to the limited liability company.

The California Revised Uniform Limited Liability Company Act governs the formation and operation of limited liability companies. The act defines various terms for the purposes of its provisions. This bill would make a nonsubstantive change to these definitions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 17701.02 of the Corporations Code is amended to read: 17701.02. In this title: (a) “Acknowledged” means that an instrument is either of the following: (1) Formally acknowledged as provided in Article 3 (commencing with Section 1180) of Chapter 4 of Title 4 of Part 4 of Division 2 of the Civil Code. (2) Executed to include substantially the following wording preceding the signature: “It is hereby declared that I am the person who executed this instrument which execution is my act and deed.” Any certificate of acknowledgment taken without this state before a notary public or a judge or clerk of a court of record having an official seal need not be further authenticated. (b) “Articles of organization” means the articles required by Section 17702.01. The term includes the articles of organization as amended or restated. (c) “Contribution” means any benefit provided by a person to a limited liability company: (1) In order to become a member upon formation of the limited liability company and in accordance with an agreement between or among the persons that have agreed to become the initial members of the limited liability company. (2) In order to become a member after formation of the limited liability company and in accordance with an agreement between the person and the limited liability company. (3) In the person’s capacity as a member and in accordance with the operating agreement or an agreement between the member and the limited liability company. (d) “Debtor in bankruptcy” means a person that is the subject of either of the following: (1) An order for relief under Title 11 of the United States Code or a successor statute of general application. (2) A comparable order under federal, state, or foreign law governing bankruptcy or insolvency, an assignment for the benefit of creditors, or an order appointing a trustee, receiver, or liquidator of the person or of all or substantially all of the person’s property. (e) “Designated office” means either of the following: (1) The office that a limited liability company is required to designate and maintain under Section 17701.13. (2) The principal office of a foreign limited liability company. (f) “Distribution,” except as otherwise provided in subdivision (g) of Section 17704.05, means a transfer of money or other property from a limited liability company to another person on account of a transferable interest. (g) “Domestic” means organized under the laws of this state when used in relation to any limited liability company, other business entity, or person other than a natural person. (h) “Effective,” with respect to a record required or permitted to be delivered to the Secretary of State for filing under this title, means effective under subdivision (c) of Section 17702.05. (i) (1) “Electronic transmission by the limited liability company” means a communication delivered by any of the following means: (A) Facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the limited liability company. (B) Posting on an electronic message board or network that the limited liability company has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof. (C) Other means of electronic communication to which both of the following apply: (i) The communication is delivered to a recipient who has provided an unrevoked consent to the use of those means of transmission. (ii) The communication creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. However, an electronic transmission by a limited liability company to an individual member is not authorized unless, in addition to satisfying the requirements of this section, the transmission satisfies the requirements applicable to consumer consent to electronic records as set forth in the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001(c)(1)). (2) “Electronic transmission to the limited liability company” means a communication delivered by any of the following means: (A) Facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, that the limited liability company has provided from time to time to members or managers for sending communications to the limited liability company. (B) Posting on an electronic message board or network that the limited liability company has designated for those communications, which transmission shall be validly delivered upon the posting. (C) Other means of electronic communication to which both of the following apply: (i) The limited liability company has placed in effect reasonable measures to verify that the sender is the member or manager, in person or by proxy, purporting to send the transmission. (ii) The communication creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. (j) “Foreign limited liability company” means an unincorporated entity formed under the law of a jurisdiction other than this state and denominated by that law as a limited liability company. (k) “Limited liability company,” except in the phrase “foreign limited liability company,” means an entity formed under pursuant to this title or an entity that becomes subject to this title pursuant to Article 13 (commencing with Section 17713.01). (l) “Majority of the managers” unless otherwise provided in the operating agreement, means more than 50 percent of the managers of the limited liability company. (m) “Majority of the members” unless otherwise provided in the operating agreement, means more than 50 percent of the membership interests of members in current profits of the limited liability company. (n) “Manager” means a person that under the operating agreement of a manager-managed limited liability company is responsible, alone or in concert with others, for performing the management functions stated in subdivision (c) of Section 17704.07. (o) “Manager-managed limited liability company” means a limited liability company that qualifies under subdivision (a) of Section 17704.07. (p) “Member” means a person that has become a member of a limited liability company under Section 17704.01 and has not dissociated under Section 17706.02. (q) “Member-managed limited liability company” means a limited liability company that is not a manager-managed limited liability company. (r) “Membership interest” means a member’s rights in the limited liability company, including the member’s transferable interest, any right to vote or participate in management, and any right to information concerning the business and affairs of the limited liability company provided by this title. (s) “Operating agreement” means the agreement, whether or not referred to as an operating agreement and whether oral, in a record, implied, or in any combination thereof, of all the members of a limited liability company, including a sole member, concerning the matters described in subdivision (a) of Section 17701.10. The term “operating agreement” may include, without more, an agreement of all members to organize a limited liability company pursuant to this title. An operating agreement of a limited liability company having only one member shall not be unenforceable by reason of there being only one person who is a party to the operating agreement. The term includes the agreement as amended or restated. (t) “Organization” means, whether domestic or foreign, a partnership whether general or limited, limited liability company, association, corporation, professional corporation, professional association, nonprofit corporation, business trust, or statutory business trust having a governing statute. (u) “Organizer” means a person that acts under Section 17702.01 to form a limited liability company. (v) “Person” means an individual, partnership, limited partnership, trust, estate, association, corporation, limited liability company, or other entity, whether domestic or foreign. Nothing in this subdivision shall be construed to confer any rights under the California Constitution or the United States Constitution. (w) “Principal office” means the principal executive office of a limited liability company or foreign limited liability company, whether or not the office is located in this state. (x) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (y) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (z) “Transfer” includes an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, gift, and transfer by operation of law. (aa) “Transferable interest” means the right, as originally associated with a person’s capacity as a member, to receive distributions from a limited liability company in accordance with the operating agreement, whether or not the person remains a member or continues to own any part of the right. (ab) “Transferee” means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a member. (ac) “Vote” includes authorization by written consent or consent given by electronic transmission to the limited liability company. ### Summary: This bill amends the Corporations Code to add a new section 17701.02, which defines various terms used in the Corporations Code.

The people of the State of California do enact as follows: SECTION 1. Chapter 22.4 (commencing with Section 22595) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.4. Fair Information Practices Act 22595. This chapter shall be known and may be cited as the Fair Information Practices Act. 22595.1. (a) The principles of the Fair Information Practices Act include all of the following: (1) Transparency. (2) Individual participation. (3) Purpose specification. (4) Data minimization. (5) Use limitation. (6) Data quality and integrity. (7) Security. (8) Accountability and auditing. (b) The Legislature finds and declares that with regard to the principles listed in subdivision (a), developers and operators of mobile operating systems or platforms are encouraged to do all of the following: (1) Be transparent and notify individuals regarding collection, use, dissemination, and maintenance of personal data. (2) Involve individuals in the process of using personal data and, to the extent practicable, seek individual consent for the collection, use, dissemination, and maintenance of personal data. (3) Specifically articulate the authority that permits the collection of personal data and the purpose or purposes for which the personal data is intended to be used by defining the functional purpose of the mobile application and how an individual’s personal data is used to contribute to that functional purpose. (4) Only collect personal data that is directly relevant and necessary to accomplish the purpose or purposes for which the personal data is intended to be used, and only retain personal data for as long as necessary to fulfill the specified purpose or purposes. (5) Use personal data solely for the purpose or purposes specified in the notice to the user. Sharing personal data should be for a purpose compatible with the purpose or purposes for which the personal data was collected. (6) Ensure, to the extent practicable, that personal data is accurate, relevant, timely, and complete. (7) Protect personal data in all media through appropriate safeguards against risks, including, but not limited to, loss, unauthorized access or use, destruction, modification, or unintended or inappropriate disclosure. (8) Be accountable for complying with the principles listed in subdivision (a), provide training to all employees and contractors who use personal data, and audit the actual use of personal data to demonstrate compliance with the principles listed in subdivision (a) and all applicable privacy protection requirements and laws. 22595.2. For purposes of this chapter the term “person” means any individual, partnership, corporation, limited liability company, association, or other organization. 22595.3. (a) This section shall apply to a person that provides a mobile operating system or platform that is used by an operator or developer of a mobile application or online service that collects personal data from an individual California user through the mobile application or online service. (b) A person shall create universal privacy policy standards for all mobile applications based on the principles listed in subdivision (a) of Section 22595.1, and shall conspicuously post the universal privacy policy standards to the person’s Internet Web site in a digital format that is accessible to all users. (c) (1) Except as otherwise provided in paragraph (2), a developer or operator of a mobile application using a mobile operating system or platform of a person shall accept the universal privacy policy standards of that person, and shall conspicuously post a notice of acceptance of those universal privacy policy standards on its Internet Web site in a digital format that is accessible to all users. (2) A developer or operator of a mobile application or online service may elect not to accept the universal privacy policy standards of a person regarding the use of a user’s personal data, if that developer or operator obtains explicit agreement from that user. SECTION 1. The Legislature finds and declares all of the following: (a)Low carbon transportation fuels are an important element of the state’s greenhouse gas reduction policy and increasing the supply of those fuels will help the state achieve its greenhouse gas reduction goals. (b)Existing incentives for the development of low carbon transportation fuels, including the Low Carbon Fuel Standard regulation (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations), the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), and Assembly Bill 118 (Chapter 750 of the Statutes of 2007), have not resulted in sufficient development of low carbon transportation fuels. SEC. 2. Section 38568 is added to the Health and Safety Code , to read: 38568. (a)For purposes of this section, the following terms have the following meanings: (1)“Indirect land use change emission” means the carbon emissions associated with changes in agricultural activity that result from the market-mediated effects of using an agricultural commodity that is a food product as feedstock for the production of the transportation fuel. (2)“Very low carbon transportation fuel” means a liquid or gaseous transportation fuel having no greater than 50 percent of the carbon intensity of the closest comparable petroleum fuel for that year, as measured by the methodology in the Low Carbon Fuel Standard regulation (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations). The carbon intensity for the transportation fuel shall include the indirect land use change emission if an agricultural commodity that is a food product is used as a feedstock for the production of the transportation fuel. (b)The state board may establish a very low carbon fuel market commitment program that requires a wholesaler, producer, importer, or any other entity that provides transportation fuel to a retailer or sells transportation fuel to a consumer to include as part of its transportation fuel sales in the state percentages of very low carbon transportation fuel. The percentages of very low carbon transportation fuel shall be determined by the state board and measured in energy equivalent units. The state board may require percentages of very low carbon transportation fuel as low as one-quarter of 1 percent or as high as 2 percent. (c)When the state board determines that very low carbon transportation fuel sales have reached 2 percent of all transportation fuel sales in the state, the state board shall notify the Secretary of State and this section shall be inoperative five years from that notification. (d)This section does not replace or modify any existing fuel standards or requirements imposed under the Low Carbon Fuel Standard regulation (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations).

Existing law requires an operator of a commercial Web site or online service that collects personally identifiable information, as defined, through the Internet about individual consumers residing in California to conspicuously post its privacy policy on its Internet Web site, and requires that privacy policy to, among other things, identify the categories of personally identifiable information that the operator collects. This bill would require a person, as defined, that provides a mobile operating system or platform that is used by an operator or developer of a mobile application that collects personal data from an individual California user through the mobile application or an online service to create universal privacy policy standards that are based on certain principles, including, but not limited to, transparency and security. The bill would require that person to conspicuously post those standards on the person’s Internet Web site in a digital format that is accessible to all users, and would require a developer or operator of a mobile application using a mobile operating system or platform to accept those universal privacy policy standards, except as specified. The bill would also make legislative findings and declarations regarding those principles. The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt a statewide greenhouse gas emissions limit to be achieved by 2020 equivalent to the statewide greenhouse gas emissions levels of 1990. The state board additionally is required to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions. Pursuant to the act, the state board has adopted the Low Carbon Fuel Standard regulations. This bill would authorize the state board to establish a very low carbon fuel market commitment program that requires wholesalers, producers, importers, or any other entity that provides transportation fuel to a retailer or sells transportation fuel to a consumer to include as part of their transportation fuel sales in the state percentages of very low carbon transportation fuel, as defined, as determined by the state board. These provisions would become inoperative 5 years after the state board notifies the Secretary of State that very low carbon fuel sales have reached 2% of all transportation fuel sales in the state.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 22.4 (commencing with Section 22595) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 22.4. Fair Information Practices Act 22595. This chapter shall be known and may be cited as the Fair Information Practices Act. 22595.1. (a) The principles of the Fair Information Practices Act include all of the following: (1) Transparency. (2) Individual participation. (3) Purpose specification. (4) Data minimization. (5) Use limitation. (6) Data quality and integrity. (7) Security. (8) Accountability and auditing. (b) The Legislature finds and declares that with regard to the principles listed in subdivision (a), developers and operators of mobile operating systems or platforms are encouraged to do all of the following: (1) Be transparent and notify individuals regarding collection, use, dissemination, and maintenance of personal data. (2) Involve individuals in the process of using personal data and, to the extent practicable, seek individual consent for the collection, use, dissemination, and maintenance of personal data. (3) Specifically articulate the authority that permits the collection of personal data and the purpose or purposes for which the personal data is intended to be used by defining the functional purpose of the mobile application and how an individual’s personal data is used to contribute to that functional purpose. (4) Only collect personal data that is directly relevant and necessary to accomplish the purpose or purposes for which the personal data is intended to be used, and only retain personal data for as long as necessary to fulfill the specified purpose or purposes. (5) Use personal data solely for the purpose or purposes specified in the notice to the user. Sharing personal data should be for a purpose compatible with the purpose or purposes for which the personal data was collected. (6) Ensure, to the extent practicable, that personal data is accurate, relevant, timely, and complete. (7) Protect personal data in all media through appropriate safeguards against risks, including, but not limited to, loss, unauthorized access or use, destruction, modification, or unintended or inappropriate disclosure. (8) Be accountable for complying with the principles listed in subdivision (a), provide training to all employees and contractors who use personal data, and audit the actual use of personal data to demonstrate compliance with the principles listed in subdivision (a) and all applicable privacy protection requirements and laws. 22595.2. For purposes of this chapter the term “person” means any individual, partnership, corporation, limited liability company, association, or other organization. 22595.3. (a) This section shall apply to a person that provides a mobile operating system or platform that is used by an operator or developer of a mobile application or online service that collects personal data from an individual California user through the mobile application or online service. (b) A person shall create universal privacy policy standards for all mobile applications based on the principles listed in subdivision (a) of Section 22595.1, and shall conspicuously post the universal privacy policy standards to the person’s Internet Web site in a digital format that is accessible to all users. (c) (1) Except as otherwise provided in paragraph (2), a developer or operator of a mobile application using a mobile operating system or platform of a person shall accept the universal privacy policy standards of that person, and shall conspicuously post a notice of acceptance of those universal privacy policy standards on its Internet Web site in a digital format that is accessible to all users. (2) A developer or operator of a mobile application or online service may elect not to accept the universal privacy policy standards of a person regarding the use of a user’s personal data, if that developer or operator obtains explicit agreement from that user. SECTION 1. The Legislature finds and declares all of the following: (a)Low carbon transportation fuels are an important element of the state’s greenhouse gas reduction policy and increasing the supply of those fuels will help the state achieve its greenhouse gas reduction goals. (b)Existing incentives for the development of low carbon transportation fuels, including the Low Carbon Fuel Standard regulation (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations), the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), and Assembly Bill 118 (Chapter 750 of the Statutes of 2007), have not resulted in sufficient development of low carbon transportation fuels. SEC. 2. Section 38568 is added to the Health and Safety Code , to read: 38568. (a)For purposes of this section, the following terms have the following meanings: (1)“Indirect land use change emission” means the carbon emissions associated with changes in agricultural activity that result from the market-mediated effects of using an agricultural commodity that is a food product as feedstock for the production of the transportation fuel. (2)“Very low carbon transportation fuel” means a liquid or gaseous transportation fuel having no greater than 50 percent of the carbon intensity of the closest comparable petroleum fuel for that year, as measured by the methodology in the Low Carbon Fuel Standard regulation (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations). The carbon intensity for the transportation fuel shall include the indirect land use change emission if an agricultural commodity that is a food product is used as a feedstock for the production of the transportation fuel. (b)The state board may establish a very low carbon fuel market commitment program that requires a wholesaler, producer, importer, or any other entity that provides transportation fuel to a retailer or sells transportation fuel to a consumer to include as part of its transportation fuel sales in the state percentages of very low carbon transportation fuel. The percentages of very low carbon transportation fuel shall be determined by the state board and measured in energy equivalent units. The state board may require percentages of very low carbon transportation fuel as low as one-quarter of 1 percent or as high as 2 percent. (c)When the state board determines that very low carbon transportation fuel sales have reached 2 percent of all transportation fuel sales in the state, the state board shall notify the Secretary of State and this section shall be inoperative five years from that notification. (d)This section does not replace or modify any existing fuel standards or requirements imposed under the Low Carbon Fuel Standard regulation (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations). ### Summary: This text summarizes the text. ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 2

The people of the State of California do enact as follows: SECTION 1. Section 5150 of the Welfare and Institutions Code is amended to read: 5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service. (b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm. (c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to prevent a peace officer from delivering individuals to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to require peace officers to perform any additional duties other than those specified in Sections 5150.1 and 5150.2. (d) Whenever a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered as determined by the county mental health director. (e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing stating the circumstances under which the person’s condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to himself or herself, or gravely disabled. The application shall also record whether the historical course of the person’s mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she knows to be false. (f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the person’s personal property, the person taking him or her into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the person. The person taking him or her into custody shall then furnish to the court a report generally describing the person’s property so preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the person’s property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her into custody for that property shall terminate. As used in this section, “responsible relative” includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person. (g) (1) Each person, at the time he or she is first taken into custody under this section, shall be provided, by the person who takes him or her into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form: My name is . I am a _____ (peace officer/mental health professional) _____ . with _____ (name of agency) _____ . You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . _____ (name of facility) _____ You will be told your rights by the mental health staff. (2) If taken into custody at his or her own residence, the person shall also be provided the following information: You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken. (h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) which shall include all of the following: (1) The name of the person detained for evaluation. (2) The name and position of the peace officer or mental health professional taking the person into custody. (3) The date the advisement was completed. (4) Whether the advisement was completed. (5) The language or modality used to give the advisement. (6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services. (i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the person’s primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form: My name is  . My position here is  . You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable): ◻ Harm yourself. ◻ Harm someone else. ◻ Be unable to take care of your own food, clothing, and housing needs. We believe this is true because (list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview). You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can. During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge. If you have questions about your legal rights, you may contact the county Patients’ Rights Advocate at _____ (phone number for the county Patients’ Rights Advocacy office) _____ . Your 72-hour period began _____ (date/time) _____ . (2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient shall be informed of this fact. (j) For each patient admitted for evaluation and treatment, the facility shall keep with the patient’s medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following: (1) The name of the person performing the advisement. (2) The date of the advisement. (3) Whether the advisement was completed. (4) The language or modality used to communicate the advisement. (5) If the advisement was not completed, a statement of good cause. 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, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons so committed. Under the act, when a person, as a result of mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, he or she may, upon probable cause, be taken into custody by a peace officer, member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or other designated professional person, and placed in a facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation. Existing law requires, when determining if probable cause exists to take a person into custody, or cause a person to be taken into custody pursuant to the provisions described above, any person who is authorized to take or cause that person to be taken into custody to consider available relevant information about the historical course of the person’s mental disorder, as specified, if the authorized person determines that information has a reasonable bearing on the determination described above. This bill would provide that, when determining if a person should be taken into custody pursuant to the provisions described above, the individual making that determination shall consider available relevant information about the historical course of the person’s mental disorder if the individual concludes that the information has a reasonable bearing on the determination, and that the individual shall not be limited to consideration of the danger of imminent harm. Existing law requires the admitting facility to require an application in writing stating the circumstances under which the person’s condition was called to the attention of those persons authorized to make the determination of probable cause, and stating that he or she has probable cause, as specified. The bill would also require the application to record whether the historical course of a person’s mental disorder was considered in the determination of probable cause. By imposing additional duties on local officials, 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 5150 of the Welfare and Institutions Code is amended to read: 5150. (a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service. (b) When determining if a person should be taken into custody pursuant to subdivision (a), the individual making that determination shall apply the provisions of Section 5150.05, and shall not be limited to consideration of the danger of imminent harm. (c) The professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county shall assess the person to determine whether he or she can be properly served without being detained. If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person can be properly served without being detained, he or she shall be provided evaluation, crisis intervention, or other inpatient or outpatient services on a voluntary basis. Nothing in this subdivision shall be interpreted to prevent a peace officer from delivering individuals to a designated facility for assessment under this section. Furthermore, the assessment requirement of this subdivision shall not be interpreted to require peace officers to perform any additional duties other than those specified in Sections 5150.1 and 5150.2. (d) Whenever a person is evaluated by a professional person in charge of a facility designated by the county for evaluation or treatment, member of the attending staff, or professional person designated by the county and is found to be in need of mental health services, but is not admitted to the facility, all available alternative services provided pursuant to subdivision (c) shall be offered as determined by the county mental health director. (e) If, in the judgment of the professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or the professional person designated by the county, the person cannot be properly served without being detained, the admitting facility shall require an application in writing stating the circumstances under which the person’s condition was called to the attention of the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, and stating that the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county has probable cause to believe that the person is, as a result of a mental health disorder, a danger to others, or to himself or herself, or gravely disabled. The application shall also record whether the historical course of the person’s mental disorder was considered in the determination, pursuant to Section 5150.05. If the probable cause is based on the statement of a person other than the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff, or professional person designated by the county, the person shall be liable in a civil action for intentionally giving a statement that he or she knows to be false. (f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the person’s personal property, the person taking him or her into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the person. The person taking him or her into custody shall then furnish to the court a report generally describing the person’s property so preserved and safeguarded and its disposition, in substantially the form set forth in Section 5211, except that if a responsible relative or the guardian or conservator of the person is in possession of the person’s property, the report shall include only the name of the relative or guardian or conservator and the location of the property, whereupon responsibility of the person taking him or her into custody for that property shall terminate. As used in this section, “responsible relative” includes the spouse, parent, adult child, domestic partner, grandparent, grandchild, or adult brother or sister of the person. (g) (1) Each person, at the time he or she is first taken into custody under this section, shall be provided, by the person who takes him or her into custody, the following information orally in a language or modality accessible to the person. If the person cannot understand an oral advisement, the information shall be provided in writing. The information shall be in substantially the following form: My name is . I am a _____ (peace officer/mental health professional) _____ . with _____ (name of agency) _____ . You are not under criminal arrest, but I am taking you for an examination by mental health professionals at . _____ (name of facility) _____ You will be told your rights by the mental health staff. (2) If taken into custody at his or her own residence, the person shall also be provided the following information: You may bring a few personal items with you, which I will have to approve. Please inform me if you need assistance turning off any appliance or water. You may make a phone call and leave a note to tell your friends or family where you have been taken. (h) The designated facility shall keep, for each patient evaluated, a record of the advisement given pursuant to subdivision (g) which shall include all of the following: (1) The name of the person detained for evaluation. (2) The name and position of the peace officer or mental health professional taking the person into custody. (3) The date the advisement was completed. (4) Whether the advisement was completed. (5) The language or modality used to give the advisement. (6) If the advisement was not completed, a statement of good cause, as defined by regulations of the State Department of Health Care Services. (i) (1) Each person admitted to a facility designated by the county for evaluation and treatment shall be given the following information by admission staff of the facility. The information shall be given orally and in writing and in a language or modality accessible to the person. The written information shall be available to the person in English and in the language that is the person’s primary means of communication. Accommodations for other disabilities that may affect communication shall also be provided. The information shall be in substantially the following form: My name is  . My position here is  . You are being placed into this psychiatric facility because it is our professional opinion that, as a result of a mental health disorder, you are likely to (check applicable): ◻ Harm yourself. ◻ Harm someone else. ◻ Be unable to take care of your own food, clothing, and housing needs. We believe this is true because (list of the facts upon which the allegation of dangerous or gravely disabled due to mental health disorder is based, including pertinent facts arising from the admission interview). You will be held for a period up to 72 hours. During the 72 hours you may also be transferred to another facility. You may request to be evaluated or treated at a facility of your choice. You may request to be evaluated or treated by a mental health professional of your choice. We cannot guarantee the facility or mental health professional you choose will be available, but we will honor your choice if we can. During these 72 hours you will be evaluated by the facility staff, and you may be given treatment, including medications. It is possible for you to be released before the end of the 72 hours. But if the staff decides that you need continued treatment you can be held for a longer period of time. If you are held longer than 72 hours, you have the right to a lawyer and a qualified interpreter and a hearing before a judge. If you are unable to pay for the lawyer, then one will be provided to you free of charge. If you have questions about your legal rights, you may contact the county Patients’ Rights Advocate at _____ (phone number for the county Patients’ Rights Advocacy office) _____ . Your 72-hour period began _____ (date/time) _____ . (2) If the notice is given in a county where weekends and holidays are excluded from the 72-hour period, the patient shall be informed of this fact. (j) For each patient admitted for evaluation and treatment, the facility shall keep with the patient’s medical record a record of the advisement given pursuant to subdivision (i), which shall include all of the following: (1) The name of the person performing the advisement. (2) The date of the advisement. (3) Whether the advisement was completed. (4) The language or modality used to communicate the advisement. (5) If the advisement was not completed, a statement of good cause. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 8869.80 of the Government Code is amended to read: 8869.80. The Legislature hereby finds and declares all of the following: (a) The Tax Reform Act of 1986 (Public Law 99-514) establishes a volume ceiling on the aggregate amount of private activity bonds that can be issued in each state. The volume ceiling is the product of seventy-five dollars ($75) multiplied by the state population in 1987 and fifty dollars ($50) multiplied by the state population in each succeeding calendar year. (b) Sections 1112 and 1401 of the American Recovery and Reinvestment Act of 2009 (26 U.S.C. Secs. 54a and 1400U-1) establish an aggregate amount of bond authority that can be issued in each state. Said amount may be determined from time to time by federal law, federal notice, or both federal law and notice. (c) Section 142(k) of the Internal Revenue Code establishes a volume ceiling on the aggregate amount of qualified education facility bonds that can be issued in each state. The qualified educational facilities volume ceiling is the product of ten dollars ($10) multiplied by the state population in each calendar year. (d) The federal act requires each state to allocate its volume ceiling according to a specified formula unless a different procedure is established by Governor’s proclamation or state legislation. (e) Section 142(k)(5)(B)(i) of the Internal Revenue Code authorizes each state to allocate the qualified educational facilities volume ceiling in the manner the state determines appropriate. (f) Therefore, it is necessary to designate a state agency and create an allocation system to administer the state volume ceiling. (g) A substantial public benefit is served by promoting housing for lower income families and individuals. (h) A substantial public benefit is served by preserving and rehabilitating existing governmental assisted housing for lower income families and individuals. (i) A substantial public benefit is served by providing federal tax credits or reduced interest rate mortgages to assist teachers, principals, vice principals, assistant principals, and classified employees who are willing to serve in high priority schools to purchase a home. (j) A substantial public benefit is served by constructing educational facilities for the state’s children. SEC. 2. Section 8869.81 of the Government Code is amended to read: 8869.81. This chapter is enacted to implement the state volume limit established in Section 1301 of the Federal Tax Reform Act of 1986 (Public Law 99-514), Sections 1112 and 1401 of the American Recovery and Reinvestment Act of 2009 (26 U.S.C. Secs. 54a and 1400U-1), and Sections 142(k) and 146 of the Internal Revenue Code. SEC. 3. Section 8869.82 of the Government Code is amended to read: 8869.82. (a) As used in this chapter, unless the context otherwise requires, the terms defined in this section shall have the following meanings: (1) “Committee” means the California Debt Limit Allocation Committee established pursuant to Section 8869.83. (2) “Fund” means the California Debt Limit Allocation Committee Fund created pursuant to Section 8869.90. (3) “Internal Revenue Code” means the Internal Revenue Code of 1986 (26 U.S.C. Sec. 1 et seq.), as amended from time to time. (4) “Issuer” means any local agency or state agency authorized by the Constitution or laws of the state to issue private activity bonds. (5) “Local agency” means any political subdivision of the state within the meaning of Section 103 of the Internal Revenue Code (26 U.S.C. Sec. 103), or any entity that has the power to issue private activity bonds on behalf of that political subdivision. (6) “MBTCAC” means the California Tax Credit Allocation Committee created by Section 50199.8 of the Health and Safety Code. (7) “Private activity bond” means a part or all of any bond, or other instrument, required to obtain a portion of the state’s volume cap pursuant to Sections 142(k) and 146 of the Internal Revenue Code (26 U.S.C. Secs. 142(k) and 146) in order to be tax-exempt, including, generally, all of the following, as those bonds are defined in the Internal Revenue Code: (A) Exempt facility bonds, except bonds for airports, docks and wharves, and certain solid waste facilities. (B) Qualified mortgage bonds. (C) Qualified small issue bonds. (D) Qualified student loan bonds. (E) Qualified redevelopment bonds. (F) The nonqualified amount of an issue of governmental bonds (including advance refunds) exceeding fifteen million dollars ($15,000,000), as provided in Section 141(b)(5) of the Internal Revenue Code (26 U.S.C. Sec. 141(b)(5)). (8) “Private activity bond limit” means any portion of the state ceiling allocated or transferred to a state agency or local agency pursuant to this chapter. (9) “State” means the State of California. (10) “State agency” means the state and all state entities, including joint powers authorities of which the state or agency or instrumentality thereof is a member, empowered to issue private activity bonds, the interest on which is exempt from income tax under Section 103(a) of the Internal Revenue Code (26 U.S.C. Sec. 103(a)), including nonprofit corporations described in Section 150(d) of the Internal Revenue Code (26 U.S.C. Sec. 150(d)), authorized to issue qualified scholarship funding bonds. (11) “State ceiling” includes all of the following: (A) The amount specified by Section 146(d) of the Internal Revenue Code (26 U.S.C. Sec. 146(d)) for each calendar year commencing in 1986. (B) The amount reserved to the state pursuant to Sections 1112 and 1401 of the American Recovery and Reinvestment Act of 2009 (26 U.S.C. Secs. 54a and 1400U-1). (C) The amount specified by Section 142(k) of the Internal Revenue Code (26 U.S.C. Sec. 42(k)). (b) Pursuant to Section 146(e) of the Internal Revenue Code (26 U.S.C. Sec. 146(e)), this chapter governs the allocation of the state ceiling among the state agencies and local agencies in this state having authority to issue private activity bonds. (c) Any portion of the state ceiling allocated or transferred by or under the authority of this chapter shall become the private activity bond limit for the issuer of which that portion is allocated or transferred for any private activity bonds issued by that issuer. SEC. 4. Section 8869.85 of the Government Code is amended to read: 8869.85. (a) Each state agency shall apply to the committee for allocation of a portion of the state ceiling, supplying any information which the committee may require. The application may be for a specific project, or it may be for a designated dollar amount, to be utilized for projects or programs at the discretion of the state agency. No private activity bonds issued by any state agency shall be deemed to receive the benefit of any portion of the state ceiling unless the committee has allocated or permitted the transfer of a portion of the state ceiling to the state agency. The allocation may be on any terms and conditions as the committee may determine. (b) Any local agency may apply to the committee for an allocation of a portion of the state ceiling, supplying any information which the committee may require. Applications from local agencies may only be for specific projects or programs. No private activity bond issued by a local agency shall be deemed to receive the benefit of any portion of the state ceiling unless the committee has allocated or permitted the transfer of a portion of the state ceiling to the local agency. The allocation may be upon any terms and conditions as the committee may determine. (c) Any allocation made pursuant to this section shall be irrevocable upon issuance of bonds pursuant thereto at least to the extent of the amount of the bonds so issued. No allocation shall permit the state agency or local agency which receives it to use all or any portion of the allocation for a carryforward pursuant to Section 146(f) or Section 142(k)(5)(B)(ii) of the Internal Revenue Code, unless the committee expressly allows use of the allocation for a carryforward. (d) No allocation made to a state agency or a local agency pursuant to this section may be transferred by the initial recipient thereof to any other state agency or local agency unless the committee expressly permits the transfer. With the committee’s permission, any state or local agency may, by resolution, transfer to any other local agency or to any state agency or back to the committee all or any portion of the agency’s private activity bond limit. Any such transfer shall be made in writing and may be general or limited and subject to any terms and conditions as may be set forth in the resolution or under the committee’s permission, as long as the transfer is irrevocable upon issuance of bonds pursuant to the transfer, at least to the extent of the amount of the bonds so issued. Each transferee shall maintain a written record of the transfer in its records for at least the term of all private activity bonds issued pursuant to the transfer. No transfer may be made pursuant to this section in return for any payment of cash, property, or other marketable thing of value. SEC. 5. Section 8869.86 of the Government Code is amended to read: 8869.86. (a) Subject to any limitations on transferred private activity bond limit as may be provided in subdivision (d) of Section 8869.85, any state agency or local agency may utilize its private activity bond limit for any of the following: (1) The issuance of private activity bonds. (2) If permitted by the committee, to make a carryforward election pursuant to Section 142(k) or Section 146(f) of the Internal Revenue Code. (3) If permitted by the committee, to make a transfer to any state agency, local agency, or the committee. (b) Prior to issuing any private activity bonds, the issuer shall, in the bond resolution or other similar action giving approval for the issuance of bonds, specifically designate to the bond issue a portion of the private activity bond limit available or expected to be available to that issuer. The designation shall be irrevocable upon the issuance of the bonds to the extent of the amount thereof. (c) Each state agency and local agency shall notify the committee in writing, as directed by the committee, after any of the following: (1) The issuance of any private activity bonds. (2) Any action taken pursuant to subdivision (d) of Section 8869.85 to transfer any portion of its private activity bond limit. (3) Any election to treat all or any portion of the state agency’s or local agency’s private activity bond limit as a carryforward pursuant to Section 142(k) or Section 146(f) of the Internal Revenue Code. The committee shall keep the notices in its records for a period no less than the term of all private activity bonds issued as described in the notices. SEC. 6. Section 8869.93 of the Government Code is amended to read: 8869.93. The Treasurer, or his or her designee, is designated as the state official to certify that an issue of private activity bonds meets the requirements of Section 142(k) or Section 146 of the Internal Revenue Code of 1986, as amended, and to take any and all actions as may be necessary or appropriate in connection therewith.

Existing law establishes the California Debt Limit Allocation Committee for the purpose of implementing the volume limit for the state on private activity bonds established pursuant to federal law. The committee’s duties include annually determining a state ceiling on the aggregate amount of private activity bonds that may be issued, and allocating that amount among state and local agencies. Existing law defines the terms “private activity bond” and “state ceiling” for those purposes with regard to an amount specified in federal law. This bill would revise the findings and declarations with regard to, and the purpose for, the provisions relating to the California Debt Limit Allocation Committee to reflect the American Recovery and Reinvestment Act of 2009. The bill would revise the definition of “private activity bond” and “state ceiling” to also include certain amounts reserved to the state for qualified educational facilities bonds and would make conforming changes with regard to those bonds.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 8869.80 of the Government Code is amended to read: 8869.80. The Legislature hereby finds and declares all of the following: (a) The Tax Reform Act of 1986 (Public Law 99-514) establishes a volume ceiling on the aggregate amount of private activity bonds that can be issued in each state. The volume ceiling is the product of seventy-five dollars ($75) multiplied by the state population in 1987 and fifty dollars ($50) multiplied by the state population in each succeeding calendar year. (b) Sections 1112 and 1401 of the American Recovery and Reinvestment Act of 2009 (26 U.S.C. Secs. 54a and 1400U-1) establish an aggregate amount of bond authority that can be issued in each state. Said amount may be determined from time to time by federal law, federal notice, or both federal law and notice. (c) Section 142(k) of the Internal Revenue Code establishes a volume ceiling on the aggregate amount of qualified education facility bonds that can be issued in each state. The qualified educational facilities volume ceiling is the product of ten dollars ($10) multiplied by the state population in each calendar year. (d) The federal act requires each state to allocate its volume ceiling according to a specified formula unless a different procedure is established by Governor’s proclamation or state legislation. (e) Section 142(k)(5)(B)(i) of the Internal Revenue Code authorizes each state to allocate the qualified educational facilities volume ceiling in the manner the state determines appropriate. (f) Therefore, it is necessary to designate a state agency and create an allocation system to administer the state volume ceiling. (g) A substantial public benefit is served by promoting housing for lower income families and individuals. (h) A substantial public benefit is served by preserving and rehabilitating existing governmental assisted housing for lower income families and individuals. (i) A substantial public benefit is served by providing federal tax credits or reduced interest rate mortgages to assist teachers, principals, vice principals, assistant principals, and classified employees who are willing to serve in high priority schools to purchase a home. (j) A substantial public benefit is served by constructing educational facilities for the state’s children. SEC. 2. Section 8869.81 of the Government Code is amended to read: 8869.81. This chapter is enacted to implement the state volume limit established in Section 1301 of the Federal Tax Reform Act of 1986 (Public Law 99-514), Sections 1112 and 1401 of the American Recovery and Reinvestment Act of 2009 (26 U.S.C. Secs. 54a and 1400U-1), and Sections 142(k) and 146 of the Internal Revenue Code. SEC. 3. Section 8869.82 of the Government Code is amended to read: 8869.82. (a) As used in this chapter, unless the context otherwise requires, the terms defined in this section shall have the following meanings: (1) “Committee” means the California Debt Limit Allocation Committee established pursuant to Section 8869.83. (2) “Fund” means the California Debt Limit Allocation Committee Fund created pursuant to Section 8869.90. (3) “Internal Revenue Code” means the Internal Revenue Code of 1986 (26 U.S.C. Sec. 1 et seq.), as amended from time to time. (4) “Issuer” means any local agency or state agency authorized by the Constitution or laws of the state to issue private activity bonds. (5) “Local agency” means any political subdivision of the state within the meaning of Section 103 of the Internal Revenue Code (26 U.S.C. Sec. 103), or any entity that has the power to issue private activity bonds on behalf of that political subdivision. (6) “MBTCAC” means the California Tax Credit Allocation Committee created by Section 50199.8 of the Health and Safety Code. (7) “Private activity bond” means a part or all of any bond, or other instrument, required to obtain a portion of the state’s volume cap pursuant to Sections 142(k) and 146 of the Internal Revenue Code (26 U.S.C. Secs. 142(k) and 146) in order to be tax-exempt, including, generally, all of the following, as those bonds are defined in the Internal Revenue Code: (A) Exempt facility bonds, except bonds for airports, docks and wharves, and certain solid waste facilities. (B) Qualified mortgage bonds. (C) Qualified small issue bonds. (D) Qualified student loan bonds. (E) Qualified redevelopment bonds. (F) The nonqualified amount of an issue of governmental bonds (including advance refunds) exceeding fifteen million dollars ($15,000,000), as provided in Section 141(b)(5) of the Internal Revenue Code (26 U.S.C. Sec. 141(b)(5)). (8) “Private activity bond limit” means any portion of the state ceiling allocated or transferred to a state agency or local agency pursuant to this chapter. (9) “State” means the State of California. (10) “State agency” means the state and all state entities, including joint powers authorities of which the state or agency or instrumentality thereof is a member, empowered to issue private activity bonds, the interest on which is exempt from income tax under Section 103(a) of the Internal Revenue Code (26 U.S.C. Sec. 103(a)), including nonprofit corporations described in Section 150(d) of the Internal Revenue Code (26 U.S.C. Sec. 150(d)), authorized to issue qualified scholarship funding bonds. (11) “State ceiling” includes all of the following: (A) The amount specified by Section 146(d) of the Internal Revenue Code (26 U.S.C. Sec. 146(d)) for each calendar year commencing in 1986. (B) The amount reserved to the state pursuant to Sections 1112 and 1401 of the American Recovery and Reinvestment Act of 2009 (26 U.S.C. Secs. 54a and 1400U-1). (C) The amount specified by Section 142(k) of the Internal Revenue Code (26 U.S.C. Sec. 42(k)). (b) Pursuant to Section 146(e) of the Internal Revenue Code (26 U.S.C. Sec. 146(e)), this chapter governs the allocation of the state ceiling among the state agencies and local agencies in this state having authority to issue private activity bonds. (c) Any portion of the state ceiling allocated or transferred by or under the authority of this chapter shall become the private activity bond limit for the issuer of which that portion is allocated or transferred for any private activity bonds issued by that issuer. SEC. 4. Section 8869.85 of the Government Code is amended to read: 8869.85. (a) Each state agency shall apply to the committee for allocation of a portion of the state ceiling, supplying any information which the committee may require. The application may be for a specific project, or it may be for a designated dollar amount, to be utilized for projects or programs at the discretion of the state agency. No private activity bonds issued by any state agency shall be deemed to receive the benefit of any portion of the state ceiling unless the committee has allocated or permitted the transfer of a portion of the state ceiling to the state agency. The allocation may be on any terms and conditions as the committee may determine. (b) Any local agency may apply to the committee for an allocation of a portion of the state ceiling, supplying any information which the committee may require. Applications from local agencies may only be for specific projects or programs. No private activity bond issued by a local agency shall be deemed to receive the benefit of any portion of the state ceiling unless the committee has allocated or permitted the transfer of a portion of the state ceiling to the local agency. The allocation may be upon any terms and conditions as the committee may determine. (c) Any allocation made pursuant to this section shall be irrevocable upon issuance of bonds pursuant thereto at least to the extent of the amount of the bonds so issued. No allocation shall permit the state agency or local agency which receives it to use all or any portion of the allocation for a carryforward pursuant to Section 146(f) or Section 142(k)(5)(B)(ii) of the Internal Revenue Code, unless the committee expressly allows use of the allocation for a carryforward. (d) No allocation made to a state agency or a local agency pursuant to this section may be transferred by the initial recipient thereof to any other state agency or local agency unless the committee expressly permits the transfer. With the committee’s permission, any state or local agency may, by resolution, transfer to any other local agency or to any state agency or back to the committee all or any portion of the agency’s private activity bond limit. Any such transfer shall be made in writing and may be general or limited and subject to any terms and conditions as may be set forth in the resolution or under the committee’s permission, as long as the transfer is irrevocable upon issuance of bonds pursuant to the transfer, at least to the extent of the amount of the bonds so issued. Each transferee shall maintain a written record of the transfer in its records for at least the term of all private activity bonds issued pursuant to the transfer. No transfer may be made pursuant to this section in return for any payment of cash, property, or other marketable thing of value. SEC. 5. Section 8869.86 of the Government Code is amended to read: 8869.86. (a) Subject to any limitations on transferred private activity bond limit as may be provided in subdivision (d) of Section 8869.85, any state agency or local agency may utilize its private activity bond limit for any of the following: (1) The issuance of private activity bonds. (2) If permitted by the committee, to make a carryforward election pursuant to Section 142(k) or Section 146(f) of the Internal Revenue Code. (3) If permitted by the committee, to make a transfer to any state agency, local agency, or the committee. (b) Prior to issuing any private activity bonds, the issuer shall, in the bond resolution or other similar action giving approval for the issuance of bonds, specifically designate to the bond issue a portion of the private activity bond limit available or expected to be available to that issuer. The designation shall be irrevocable upon the issuance of the bonds to the extent of the amount thereof. (c) Each state agency and local agency shall notify the committee in writing, as directed by the committee, after any of the following: (1) The issuance of any private activity bonds. (2) Any action taken pursuant to subdivision (d) of Section 8869.85 to transfer any portion of its private activity bond limit. (3) Any election to treat all or any portion of the state agency’s or local agency’s private activity bond limit as a carryforward pursuant to Section 142(k) or Section 146(f) of the Internal Revenue Code. The committee shall keep the notices in its records for a period no less than the term of all private activity bonds issued as described in the notices. SEC. 6. Section 8869.93 of the Government Code is amended to read: 8869.93. The Treasurer, or his or her designee, is designated as the state official to certify that an issue of private activity bonds meets the requirements of Section 142(k) or Section 146 of the Internal Revenue Code of 1986, as amended, and to take any and all actions as may be necessary or appropriate in connection therewith. ### Summary: This bill amends the Government Code to authorize the California Debt Limit Allocation Committee to allocate the state’s qualified education facility bonds volume ceiling. ### Fiscal Effect:

The people of the State of California do enact as follows: SECTION 1. Section 14999 of the Government Code is amended to read: 14999. The Commission for Economic Development, hereinafter referred to as the commission, is continued in existence. The purpose of the commission is to provide continuing bipartisan legislative, executive branch, and private sector support and guidance on public policies and economic development activities that support job creation and business growth in this state. Among other activities, the commission may undertake any and all of the following: (a) Assessing specific regional or local economic development problems and making recommendations for solving problems. (b) Providing a forum for ongoing dialogue on economic issues between state government and the private sector. (c) Recommending, where deemed appropriate, legislation to require evaluation of demonstration and ongoing economic development projects and programs to ensure continued cost effectiveness. (d) Identifying and reporting important secondary effects on economic development of programs and regulations which may have other primary purposes. (e) Undertaking specialized studies and preparing specialized reports at the request of the Governor or Legislature. (f) Collaborating with statewide and regional organizations on economic and community development initiatives. (g) Identifying and supporting this state’s access to federal programs, services, and initiatives that would benefit this state’s economy, businesses, and workers. SEC. 2. Section 14999.1 of the Government Code is amended to read: 14999.1. (a) The commission shall consist of the Lieutenant Governor and 16 members appointed as follows: (1) Three Members of the Senate, appointed by the Senate Rules Committee. (2) Three Members of the Assembly, appointed by the Speaker of the Assembly. The Members of the Legislature appointed to the commission shall serve at the pleasure of the appointing power and shall participate in the activities of the commission to the extent that such participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this chapter, such Members of the Legislature shall constitute a joint investigating committee on the subject of this chapter and as such shall have the powers and duties imposed upon such committees by the Joint Rules of the Senate and Assembly. (3) Ten members appointed by the Governor after consultation with business, industry, and labor organizations, with no more than six members registered from the same political party. These 10 members shall include persons from the economic development fields of manufacturing, tourism, world trade small business, finance, and such other fields as may be appropriate. The terms of these 10 members shall be for four years. The terms of the members first appointed shall be as follows: four shall expire January 1, 1973; four January 1, 1974; and two January 1, 1975. (b) The commission may additionally consist of up to three Members of the California United States Congressional Delegation, who have applied to, and have been appointed by by, the Governor. The Members of the United States Congress appointed to the commission shall serve at the pleasure of the appointing power and shall participate in the activities of the commission to the extent that such participation is not incompatible with their respective positions as Members of the United States Congress. (c) The Lieutenant Governor shall serve as chairman chairperson of the commission. The commission shall provide for the selection of a vice chairman chairperson who shall be a registered member of a political party different from that of the chairman. chairperson. The commission may select from its membership such other officers as it deems necessary. The chairman chairperson and the vice chairman chairperson shall be ad hoc members of all committees. (d) The Governor shall appoint, upon the nomination of the Lieutenant Governor, an executive secretary for the commission. The executive secretary shall serve at the pleasure of the Lieutenant Governor. The Lieutenant Governor shall appoint the staff of the commission. The staff shall be employees of the Lieutenant Governor’s office. SEC. 3. Section 14999.2 of the Government Code is amended to read: 14999.2. The commission may appoint task forces to study and report on specific issues relating to the purposes of this chapter. The commission may contract for studies and other special services for purposes of this chapter. All studies and reports of the commission are public documents and shall be posted on the Internet Web site of the Lieutenant Governor for not less than 24 months. SEC. 4. Section 14999.3 of the Government Code is amended to read: 14999.3. The commission shall may appoint advisory committees from outside its membership to represent the aerospace, manufacturing, logistics, tourism, and world trade segments of the state’s economy, and such other advisory committees as it deems necessary for the purpose of carrying out its responsibilities as set forth in this chapter. No reimbursement for travel within the state or per diem is authorized for participation on an advisory committee or for testifying before an advisory committee. SEC. 5. Section 14999.4 of the Government Code is amended to read: 14999.4. (a) Except as provided in subdivision (b), members of the commission, including members appointed pursuant to subdivision (b) of Section 14999.1, shall serve without compensation, but shall be reimbursed for actual necessary expenses for travel within the state incurred in the performance of their duties, as authorized by the commission chairperson. (b) Members representing the Senate and Assembly shall receive reimbursement from their legislative funds. SEC. 6. Section 14999.5 of the Government Code is amended to read: 14999.5. All meetings of the commission shall be open and public and all persons shall be permitted to attend any meetings of the commission. SEC. 7. Section 14999.6 of the Government Code is amended to read: 14999.6. (a) The commission may act at any regular or special meeting, by teleconference, via an Internet Web site, or other electronic means, or a combination thereof. Regular meetings shall be held once during each three-month four-month period and special meetings may be called by the chairman chairperson at any time he or she deems it is necessary to handle special or emergency matters. (b) A majority of the members described in subdivision (a) of Section 14999.1 shall constitute a quorum for the transaction of business for the commission. The transaction of business does not include taking testimony or discussing issues that will be acted on at a future meeting or pursuant to subparagraph (2) of subdivision (c). meeting. (c) The commission may also act without a meeting if a majority of the members approve of the action taken in writing. (d) Any member described in subdivision (a) of Section 14999.1 who misses attending three consecutive meetings without good cause, cause may be replaced. SEC. 8. Section 14999.7 of the Government Code is amended to read: 14999.7. The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including including, but not limited to, all of the following: (a) To adopt rules and regulations as it deems advisable with respect to the conduct of its own affairs. (b) To hold hearings, make and sign agreements, and to do or perform any acts which may be necessary, desirable, or proper to carry out the purposes of this chapter. (c) To cooperate with, and secure the cooperation of, any department, division, bureau, commission, or other agency of the state, other federal, foreign, or local government, public entity, private organization, or corporation to facilitate it to properly carry out its powers and duties pursuant to this chapter. (d) To accept any federal funds granted, by act of the United States Congress or by executive order, for all or any of the purposes of this chapter. (e) To accept any gifts, donations, grants, or bequests for all or any of the purposes of this chapter. SEC. 9. Section 14999.8 of the Government Code is amended to read: 14999.8. (a) The commission shall consider programs, services, technologies, and actions to further the economic development of the state. (b) The commission shall may study the laws and programs of other states relating to economic development, job creation, entrepreneurship, economic mobility, competitiveness, and the encouragement of civic leaders and business and industry. other economic development-related topics. The commission may confer with governmental officials, civic leaders, business and industry, and any other persons or organizations interested in the promotion of economic development, job creation, entrepreneurship, and competitiveness. deemed necessary by the chairperson to carry out the purposes of this chapter. (c) The commission shall may make recommendations concerning legislation affecting the economic development of the state. SEC. 10. Section 14999.9 of the Government Code is amended to read: 14999.9. (a) The commission shall make a report of its activities, findings, and recommendations to the Governor and the Legislature not later than February 1 of each year. (b) A report to the Legislature pursuant to this section shall be submitted in compliance with Section 9795. SEC. 11. Section 14999.10 of the Government Code is amended to read: 14999.10. (a) The Legislature finds and declares that the Commission for Economic Development is solely an advisory body to the Legislature, to the Governor, and to state departments, offices, and agencies, and that the duties and functions given the commission are part of, or incidental to, its work as an advisory body. (b) The Legislature further finds and declares that no person shall, by virtue of his or her membership on the commission, be deemed or held to be an officer of the State of California.

Existing law establishes the Commission on for Economic Development, as solely an advisory body, and provides that the purpose of the commission is to provide continuing bipartisan legislative branch, executive branch, and private sector support and guidance for the best overall economic development of the state by any specified means. Under existing law, the membership of the committee consists of the Lieutenant Governor and 16 other members, including 6 Members of the Legislature appointed by the Senate Committee on Rules and the Speaker of the Assembly and 10 members representing business, industry, and labor organizations appointed by the Governor. Existing law authorizes the commission to appoint task forces to study and report on specific issues relating to these purposes. Existing law authorizes the commission to act at any regular or special meeting. meeting and requires regular meetings to be held once during each 3-month period. Existing law requires the commission to appoint advisory committees from outside its membership to represent, among other industries, aerospace and to study laws and programs of other states relating to economic development and the encouragement of business and industry. This bill would provide that the purpose of the commission is to provide that continuing support and guidance on public policies and economic development activities that support job creation and business growth in this state. The bill would additionally authorize the commission to collaborate with statewide and regional organizations on economic and community development initiatives and identify and support this state’s access to federal programs, as provided. The bill would authorize the addition of up to 3 Members of the California Congressional Delegation to the commission and would require these members to apply and be appointed by the Governor. The bill would declare all studies and reports of the commission to be public documents and would require them to be posted on the Internet Web site of the Lieutenant Governor for not less than 24 months. The bill would additionally authorize the commission to act by teleconference, via an Internet Web site, or other electronic means, or a combination of a meeting and electronic means. means and would instead require regular meetings to occur once during each 4-month period. The bill would authorize, rather than require, the commission to appoint advisory committees from outside its membership and to study laws and programs of other states relating to economic development, including, among others, economic mobility. The bill would also make numerous technical and conforming changes.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 14999 of the Government Code is amended to read: 14999. The Commission for Economic Development, hereinafter referred to as the commission, is continued in existence. The purpose of the commission is to provide continuing bipartisan legislative, executive branch, and private sector support and guidance on public policies and economic development activities that support job creation and business growth in this state. Among other activities, the commission may undertake any and all of the following: (a) Assessing specific regional or local economic development problems and making recommendations for solving problems. (b) Providing a forum for ongoing dialogue on economic issues between state government and the private sector. (c) Recommending, where deemed appropriate, legislation to require evaluation of demonstration and ongoing economic development projects and programs to ensure continued cost effectiveness. (d) Identifying and reporting important secondary effects on economic development of programs and regulations which may have other primary purposes. (e) Undertaking specialized studies and preparing specialized reports at the request of the Governor or Legislature. (f) Collaborating with statewide and regional organizations on economic and community development initiatives. (g) Identifying and supporting this state’s access to federal programs, services, and initiatives that would benefit this state’s economy, businesses, and workers. SEC. 2. Section 14999.1 of the Government Code is amended to read: 14999.1. (a) The commission shall consist of the Lieutenant Governor and 16 members appointed as follows: (1) Three Members of the Senate, appointed by the Senate Rules Committee. (2) Three Members of the Assembly, appointed by the Speaker of the Assembly. The Members of the Legislature appointed to the commission shall serve at the pleasure of the appointing power and shall participate in the activities of the commission to the extent that such participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this chapter, such Members of the Legislature shall constitute a joint investigating committee on the subject of this chapter and as such shall have the powers and duties imposed upon such committees by the Joint Rules of the Senate and Assembly. (3) Ten members appointed by the Governor after consultation with business, industry, and labor organizations, with no more than six members registered from the same political party. These 10 members shall include persons from the economic development fields of manufacturing, tourism, world trade small business, finance, and such other fields as may be appropriate. The terms of these 10 members shall be for four years. The terms of the members first appointed shall be as follows: four shall expire January 1, 1973; four January 1, 1974; and two January 1, 1975. (b) The commission may additionally consist of up to three Members of the California United States Congressional Delegation, who have applied to, and have been appointed by by, the Governor. The Members of the United States Congress appointed to the commission shall serve at the pleasure of the appointing power and shall participate in the activities of the commission to the extent that such participation is not incompatible with their respective positions as Members of the United States Congress. (c) The Lieutenant Governor shall serve as chairman chairperson of the commission. The commission shall provide for the selection of a vice chairman chairperson who shall be a registered member of a political party different from that of the chairman. chairperson. The commission may select from its membership such other officers as it deems necessary. The chairman chairperson and the vice chairman chairperson shall be ad hoc members of all committees. (d) The Governor shall appoint, upon the nomination of the Lieutenant Governor, an executive secretary for the commission. The executive secretary shall serve at the pleasure of the Lieutenant Governor. The Lieutenant Governor shall appoint the staff of the commission. The staff shall be employees of the Lieutenant Governor’s office. SEC. 3. Section 14999.2 of the Government Code is amended to read: 14999.2. The commission may appoint task forces to study and report on specific issues relating to the purposes of this chapter. The commission may contract for studies and other special services for purposes of this chapter. All studies and reports of the commission are public documents and shall be posted on the Internet Web site of the Lieutenant Governor for not less than 24 months. SEC. 4. Section 14999.3 of the Government Code is amended to read: 14999.3. The commission shall may appoint advisory committees from outside its membership to represent the aerospace, manufacturing, logistics, tourism, and world trade segments of the state’s economy, and such other advisory committees as it deems necessary for the purpose of carrying out its responsibilities as set forth in this chapter. No reimbursement for travel within the state or per diem is authorized for participation on an advisory committee or for testifying before an advisory committee. SEC. 5. Section 14999.4 of the Government Code is amended to read: 14999.4. (a) Except as provided in subdivision (b), members of the commission, including members appointed pursuant to subdivision (b) of Section 14999.1, shall serve without compensation, but shall be reimbursed for actual necessary expenses for travel within the state incurred in the performance of their duties, as authorized by the commission chairperson. (b) Members representing the Senate and Assembly shall receive reimbursement from their legislative funds. SEC. 6. Section 14999.5 of the Government Code is amended to read: 14999.5. All meetings of the commission shall be open and public and all persons shall be permitted to attend any meetings of the commission. SEC. 7. Section 14999.6 of the Government Code is amended to read: 14999.6. (a) The commission may act at any regular or special meeting, by teleconference, via an Internet Web site, or other electronic means, or a combination thereof. Regular meetings shall be held once during each three-month four-month period and special meetings may be called by the chairman chairperson at any time he or she deems it is necessary to handle special or emergency matters. (b) A majority of the members described in subdivision (a) of Section 14999.1 shall constitute a quorum for the transaction of business for the commission. The transaction of business does not include taking testimony or discussing issues that will be acted on at a future meeting or pursuant to subparagraph (2) of subdivision (c). meeting. (c) The commission may also act without a meeting if a majority of the members approve of the action taken in writing. (d) Any member described in subdivision (a) of Section 14999.1 who misses attending three consecutive meetings without good cause, cause may be replaced. SEC. 8. Section 14999.7 of the Government Code is amended to read: 14999.7. The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including including, but not limited to, all of the following: (a) To adopt rules and regulations as it deems advisable with respect to the conduct of its own affairs. (b) To hold hearings, make and sign agreements, and to do or perform any acts which may be necessary, desirable, or proper to carry out the purposes of this chapter. (c) To cooperate with, and secure the cooperation of, any department, division, bureau, commission, or other agency of the state, other federal, foreign, or local government, public entity, private organization, or corporation to facilitate it to properly carry out its powers and duties pursuant to this chapter. (d) To accept any federal funds granted, by act of the United States Congress or by executive order, for all or any of the purposes of this chapter. (e) To accept any gifts, donations, grants, or bequests for all or any of the purposes of this chapter. SEC. 9. Section 14999.8 of the Government Code is amended to read: 14999.8. (a) The commission shall consider programs, services, technologies, and actions to further the economic development of the state. (b) The commission shall may study the laws and programs of other states relating to economic development, job creation, entrepreneurship, economic mobility, competitiveness, and the encouragement of civic leaders and business and industry. other economic development-related topics. The commission may confer with governmental officials, civic leaders, business and industry, and any other persons or organizations interested in the promotion of economic development, job creation, entrepreneurship, and competitiveness. deemed necessary by the chairperson to carry out the purposes of this chapter. (c) The commission shall may make recommendations concerning legislation affecting the economic development of the state. SEC. 10. Section 14999.9 of the Government Code is amended to read: 14999.9. (a) The commission shall make a report of its activities, findings, and recommendations to the Governor and the Legislature not later than February 1 of each year. (b) A report to the Legislature pursuant to this section shall be submitted in compliance with Section 9795. SEC. 11. Section 14999.10 of the Government Code is amended to read: 14999.10. (a) The Legislature finds and declares that the Commission for Economic Development is solely an advisory body to the Legislature, to the Governor, and to state departments, offices, and agencies, and that the duties and functions given the commission are part of, or incidental to, its work as an advisory body. (b) The Legislature further finds and declares that no person shall, by virtue of his or her membership on the commission, be deemed or held to be an officer of the State of California. ### Summary: This bill amends the Government Code to change the name of the Commission for Economic Development to the Commission for Economic Development and Competitiveness. The bill also changes the commission

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) One of the biggest challenges currently faced by charter schools is finding suitable facilities and funding for those facilities. Charter schools typically do not receive local funding through bonds and must pay for their facilities out of general operating expenses. As a result, many charter schools turn to private financing and bond transactions to pay for a long-term facilities solution. (b) The California School Finance Authority currently operates several valuable programs to assist schools seeking facilities financing, including its conduit revenue bond financing program. However, because charter schools are generally rated low or below investment grade, and the State of California does not directly guarantee or provide for payment of charter school revenue bonds issued through the California School Finance Authority, charter schools that issue revenue bonds to finance public school facilities face excessive interest rates. (c) A program that provides funds to insure or guarantee school facility bonds issued by the California School Finance Authority to assist charter schools with the acquisition, renovation, or construction of school facilities, or the refinancing of existing charter school facility debt, would lower borrowing costs for those schools and ensure more funds remain in California’s classrooms. SEC. 2. The heading of Article 1 (commencing with Section 17170) is added to Chapter 18 of Part 10 of Division 1 of Title 1 of the Education Code, to read: Article 1. General Provisions SEC. 3. The heading of Article 2 (commencing with Section 17172) is added to Chapter 18 of Part 10 of Division 1 of Title 1 of the Education Code, to read: Article 2. California School Finance Authority SEC. 4. Article 3 (commencing with Section 17200) is added to Chapter 18 of Part 10 of Division 1 of Title 1 of the Education Code, to read: Article 3. California Credit Enhancement Program 17200. There is hereby created the California Credit Enhancement Program within the authority. The purpose of the program is to establish a fund to be used to insure facility bonds issued by the authority in order to achieve lower cost alternatives for public school facilities financing. 17201. Notwithstanding Section 17182, in addition to the powers authorized by this chapter, the authority may leverage its funding for the California Credit Enhancement Program so the amount of credit insurance provided pursuant to the California Credit Enhancement Program exceeds the amount of funds on deposit in the California Credit Enhancement Account within the California School Finance Authority Fund created pursuant to Section 17203. 17202. The authority shall adopt regulations to carry out the provisions of this article. The authority may consult with subject matter experts in the development of the regulations, which shall include, but not be limited to, all of the following: (a) Eligibility criteria for participating public schools, including financial, performance, organizational, and governance criteria. A public school that is fiscally sound and that has a good credit rating may participate in the California Credit Enhancement Program. (b) Parameters and procedures for the provision of credit enhancement to eligible financing transactions, including, but not limited to, maximum credit enhancement limits, and provisions necessary to accommodate federal, state, and local regulatory compliance. (c) The application process and fee schedule. (d) A definition of “default” for purposes of the program, and procedures so that, in the event of a default, funds from the California Credit Enhancement Account are paid out only after all other sources of payment and credit enhancement to an eligible financing transaction are exhausted. (e) Options, in the event of a default, to ensure that the first priority of the facility is the continued use for public school purposes. These options may include, but are not limited to, the relet or sale of the facility to another public school and a mechanism by which the state has a right of first refusal to purchase the facility instead of it being sold in a foreclosure sale. (f) The structure and guidelines for investing in the California Credit Enhancement Program. 17203. There is hereby created the California Credit Enhancement Account within the California School Finance Authority Fund, established pursuant to Section 17181. The authority shall deposit funds identified for the California Credit Enhancement Program in the California Credit Enhancement Account. The authority may, at its discretion, deposit fees collected in accordance with this chapter in the California Credit Enhancement Account, in addition to the funds authorized to be collected pursuant to Section 17181. The authority may designate and hold separately one or more subaccounts within the California Credit Enhancement Account. Nothing in this section shall be construed to require the authority to deposit, or the Legislature to appropriate, funds for the purposes established in this article. 17204. (a) Notwithstanding any other law, bond insurance, credit enhancement, or other guarantees issued under this chapter shall not be deemed to constitute a debt or liability of the state, or any political subdivision thereof, and shall not be deemed to be a pledge of the faith and credit of the state, or any political subdivision thereof, other than the authority. Bond insurance, credit enhancement, or other guarantees of the authority shall be payable solely from funds available in the California Credit Enhancement Account. (b) Each bond insurance policy, credit enhancement instrument, or other guarantee of the authority issued under the California Credit Enhancement Program shall include a statement on its face that neither the State of California nor the authority is obligated to pay the principal or interest thereon, except from revenues of the authority available therefor, and shall also include a statement that neither the faith or credit, nor the taxing power of the State of California, or any political subdivision thereof, is pledged to the payment of the principal or interest of the bonds covered by the California Credit Enhancement Program. (c) The issuance of bond insurance, credit enhancement, or other guarantees under this chapter shall not directly, indirectly, or contingently obligate the state, or any political subdivision thereof, to levy or pledge any form of taxation, or make any appropriation for their payment.

The California School Finance Authority Act establishes the California School Finance Authority, and authorizes the authority to, among other things, issue revenue bonds to finance or refinance educational facility projects for school districts, charter schools, county offices of education, and community college districts. Existing law establishes the California School Finance Authority Fund, administered by the authority, and continuously appropriates moneys in the fund for purposes of the act. This bill would create within the authority the California Credit Enhancement Program for the purpose of establishing a fund to insure school facility bonds issued by the authority pursuant to the act, as specified. The bill would create the California Credit Enhancement Account within the California School Finance Authority Fund, would authorize the authority to deposit fees collected pursuant to the program in that account, and would specify that bond insurance, credit enhancement, or other guarantees of the authority shall be payable solely from funds available in that account. By authorizing money in the California School Finance Authority Fund to be used for a new purpose, the bill would make an appropriation. The bill would require the authority to adopt regulations to carry out the program, including, but not limited to, regulations establishing eligibility criteria and a definition of “default” for purposes of the program.

<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) One of the biggest challenges currently faced by charter schools is finding suitable facilities and funding for those facilities. Charter schools typically do not receive local funding through bonds and must pay for their facilities out of general operating expenses. As a result, many charter schools turn to private financing and bond transactions to pay for a long-term facilities solution. (b) The California School Finance Authority currently operates several valuable programs to assist schools seeking facilities financing, including its conduit revenue bond financing program. However, because charter schools are generally rated low or below investment grade, and the State of California does not directly guarantee or provide for payment of charter school revenue bonds issued through the California School Finance Authority, charter schools that issue revenue bonds to finance public school facilities face excessive interest rates. (c) A program that provides funds to insure or guarantee school facility bonds issued by the California School Finance Authority to assist charter schools with the acquisition, renovation, or construction of school facilities, or the refinancing of existing charter school facility debt, would lower borrowing costs for those schools and ensure more funds remain in California’s classrooms. SEC. 2. The heading of Article 1 (commencing with Section 17170) is added to Chapter 18 of Part 10 of Division 1 of Title 1 of the Education Code, to read: Article 1. General Provisions SEC. 3. The heading of Article 2 (commencing with Section 17172) is added to Chapter 18 of Part 10 of Division 1 of Title 1 of the Education Code, to read: Article 2. California School Finance Authority SEC. 4. Article 3 (commencing with Section 17200) is added to Chapter 18 of Part 10 of Division 1 of Title 1 of the Education Code, to read: Article 3. California Credit Enhancement Program 17200. There is hereby created the California Credit Enhancement Program within the authority. The purpose of the program is to establish a fund to be used to insure facility bonds issued by the authority in order to achieve lower cost alternatives for public school facilities financing. 17201. Notwithstanding Section 17182, in addition to the powers authorized by this chapter, the authority may leverage its funding for the California Credit Enhancement Program so the amount of credit insurance provided pursuant to the California Credit Enhancement Program exceeds the amount of funds on deposit in the California Credit Enhancement Account within the California School Finance Authority Fund created pursuant to Section 17203. 17202. The authority shall adopt regulations to carry out the provisions of this article. The authority may consult with subject matter experts in the development of the regulations, which shall include, but not be limited to, all of the following: (a) Eligibility criteria for participating public schools, including financial, performance, organizational, and governance criteria. A public school that is fiscally sound and that has a good credit rating may participate in the California Credit Enhancement Program. (b) Parameters and procedures for the provision of credit enhancement to eligible financing transactions, including, but not limited to, maximum credit enhancement limits, and provisions necessary to accommodate federal, state, and local regulatory compliance. (c) The application process and fee schedule. (d) A definition of “default” for purposes of the program, and procedures so that, in the event of a default, funds from the California Credit Enhancement Account are paid out only after all other sources of payment and credit enhancement to an eligible financing transaction are exhausted. (e) Options, in the event of a default, to ensure that the first priority of the facility is the continued use for public school purposes. These options may include, but are not limited to, the relet or sale of the facility to another public school and a mechanism by which the state has a right of first refusal to purchase the facility instead of it being sold in a foreclosure sale. (f) The structure and guidelines for investing in the California Credit Enhancement Program. 17203. There is hereby created the California Credit Enhancement Account within the California School Finance Authority Fund, established pursuant to Section 17181. The authority shall deposit funds identified for the California Credit Enhancement Program in the California Credit Enhancement Account. The authority may, at its discretion, deposit fees collected in accordance with this chapter in the California Credit Enhancement Account, in addition to the funds authorized to be collected pursuant to Section 17181. The authority may designate and hold separately one or more subaccounts within the California Credit Enhancement Account. Nothing in this section shall be construed to require the authority to deposit, or the Legislature to appropriate, funds for the purposes established in this article. 17204. (a) Notwithstanding any other law, bond insurance, credit enhancement, or other guarantees issued under this chapter shall not be deemed to constitute a debt or liability of the state, or any political subdivision thereof, and shall not be deemed to be a pledge of the faith and credit of the state, or any political subdivision thereof, other than the authority. Bond insurance, credit enhancement, or other guarantees of the authority shall be payable solely from funds available in the California Credit Enhancement Account. (b) Each bond insurance policy, credit enhancement instrument, or other guarantee of the authority issued under the California Credit Enhancement Program shall include a statement on its face that neither the State of California nor the authority is obligated to pay the principal or interest thereon, except from revenues of the authority available therefor, and shall also include a statement that neither the faith or credit, nor the taxing power of the State of California, or any political subdivision thereof, is pledged to the payment of the principal or interest of the bonds covered by the California Credit Enhancement Program. (c) The issuance of bond insurance, credit enhancement, or other guarantees under this chapter shall not directly, indirectly, or contingently obligate the state, or any political subdivision thereof, to levy or pledge any form of taxation, or make any appropriation for their payment. ### 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 82002 of the Government Code is amended to read: 82002. (a) “Administrative action” means either of the following: (1) The proposal, drafting, development, consideration, amendment, enactment, or defeat by any state agency of any rule, regulation, or other action in any ratemaking proceeding or any quasi-legislative proceeding, which shall include any proceeding governed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (2) With regard only to placement agents, the decision by any state agency to enter into a contract to invest state public retirement system assets on behalf of a state public retirement system. (b) “Ratemaking proceeding” means, for the purposes of a proceeding before the Public Utilities Commission, any proceeding in which it is reasonably foreseeable that a rate will be established, including, but not limited to, general rate cases, performance-based ratemaking, and other ratesetting mechanisms. (c) “Quasi-legislative proceeding” means, for purposes of a proceeding before the Public Utilities Commission, any proceeding that involves consideration of the establishment of a policy that will apply generally to a group or class of persons, including, but not limited to, rulemakings and investigations that may establish rules affecting an entire industry. (d) 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. SEC. 2. Section 82002 is added to the Government Code, to read: 82002. (a) “Administrative action” means any of the following: (1) The proposal, drafting, development, consideration, amendment, enactment, or defeat by any state agency of any rule, regulation, or other action in any ratemaking proceeding or any quasi-legislative proceeding, which shall include any proceeding governed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (2) With regard only to placement agents, the decision by any state agency to enter into a contract to invest state public retirement system assets on behalf of a state public retirement system. (3) Governmental Procurement. (b) “Ratemaking proceeding” means, for purposes of a proceeding before the Public Utilities Commission, any proceeding in which it is reasonably foreseeable that a rate will be established, including, but not limited to, general rate cases, performance-based ratemaking, and other ratesetting mechanisms. (c) “Quasi-legislative proceeding” means, for purposes of a proceeding before the Public Utilities Commission, any proceeding that involves consideration of the establishment of a policy that will apply generally to a group or class of persons, including, but not limited to, rulemakings and investigations that may establish rules affecting an entire industry. (d) (1) “Governmental procurement” means any of the following with respect to influencing a state procurement contract for which the total estimated cost exceeds two hundred fifty thousand dollars ($250,000): (A) Preparing the terms, specifications, bid documents, request for proposals, or evaluation criteria for the procurement contract. (B) Soliciting for the procurement contract. (C) Evaluating the procurement contract. (D) Scoring criteria for the procurement contract. (E) Awarding, approving, denying, or disapproving the procurement contract. (F) Approving or denying an assignment, amendment, other than an amendment authorized and payable under the terms of the procurement contract as the procurement contract was finally awarded or approved, renewal, or extension of the procurement contract, or any other material change in the procurement contract resulting in financial benefit to the offeror. (2) “Governmental procurement” does not include any activity undertaken by a placement agent, as that term is defined in Section 82047.3. (e) This section shall become operative on January 1, 2017. SEC. 3. Section 82039 of the Government Code is amended to read: 82039. (a) “Lobbyist” means either of the following: (1) Any individual who receives two thousand dollars ($2,000) or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses, or whose principal duties as an employee are, to communicate directly or through his or her agents with any elective state official, agency official, or legislative official for the purpose of influencing legislative or administrative action. (2) A placement agent, as defined in Section 82047.3. (b) An individual is not a lobbyist by reason of activities described in Section 86300. (c) For the purposes of subdivision (a), a proceeding before the Public Utilities Commission constitutes “administrative action” if it meets any of the definitions set forth in subdivision (b) or (c) of Section 82002. However, a communication made for the purpose of influencing this type of Public Utilities Commission proceeding is not within subdivision (a) if the communication is made at a public hearing, public workshop, or other public forum that is part of the proceeding, or if the communication is included in the official record of the proceeding. (d) 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. SEC. 4. Section 82039 is added to the Government Code, to read: 82039. (a) “Lobbyist” means any of the following: (1) Any individual who receives two thousand dollars ($2,000) or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses, or whose principal duties as an employee are, to communicate directly or through his or her agents with any elective state official, agency official, or legislative official for the purpose of influencing legislative or administrative action, except for administrative action that is governmental procurement, as defined in subdivision (d) of Section 82002. (2) A placement agent, as defined in Section 82047.3. (3) Any individual who receives two thousand dollars ($2,000) or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses, to communicate directly or through his or her agents on behalf of any person other than his or her employer with any elective state official, agency official, or legislative official for the purpose of influencing administrative action that is governmental procurement, as defined in subdivision (d) of Section 82002. (b) An individual is not a lobbyist by reason of activities described in Section 86300. (c) For the purposes of subdivision (a), a proceeding before the Public Utilities Commission constitutes “administrative action” if it meets any of the definitions set forth in subdivision (b) or (c) of Section 82002. However, a communication made for the purpose of influencing this type of Public Utilities Commission proceeding is not within subdivision (a) if the communication is made at a public hearing, public workshop, or other public forum that is part of the proceeding, or if the communication is included in the official record of the proceeding. (d) This section shall become operative on January 1, 2017. SEC. 5. Section 86207 is added to the Government Code, to read: 86207. (a) Notwithstanding any other law, the penalties imposed by this title shall be the exclusive remedy for a violation of this chapter with respect to requirements for governmental procurement lobbying. (b) This section shall become operative on January 1, 2017. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SEC. 7. 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. SEC. 8. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide the Fair Political Practices Commission with authority and sufficient time to adopt regulations necessary to implement the substantive requirements of this act before the January 1, 2017, operative date, it is necessary that this bill take effect immediately.

Existing provisions of the Political Reform Act of 1974 regulate the activities of lobbyists, lobbying firms, and lobbyist employers in connection with attempts to influence legislative and administrative action by legislative and other state officials, including requirements that lobbyists, lobbying firms, and lobbyist employers register and file periodic reports with the Secretary of State. For purposes of these provisions, “lobbyist” is defined, in part, as an individual who receives $2,000 or more in economic consideration in a calendar month, or whose principal duties as an employee are, to communicate with specified officials for the purpose of influencing legislative or administrative action. This bill would revise the definition of “lobbyist” to include specified conduct by an individual acting on behalf of any person other than his or her employer for the purpose of influencing administrative action that is governmental procurement, which is further defined to include various actions regarding a state procurement contract for which the total estimated cost exceeds $250,000, thereby making the above-described lobbying requirements applicable to the specified attempts to influence governmental procurement. This bill would provide that the act’s penalty provisions are the exclusive remedy for a violation of the act’s requirements concerning governmental procurement lobbying. The bill would makes these provisions operative on January 1, 2017. Because a willful violation of the act’s provisions is punishable as a misdemeanor, 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. 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 82002 of the Government Code is amended to read: 82002. (a) “Administrative action” means either of the following: (1) The proposal, drafting, development, consideration, amendment, enactment, or defeat by any state agency of any rule, regulation, or other action in any ratemaking proceeding or any quasi-legislative proceeding, which shall include any proceeding governed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (2) With regard only to placement agents, the decision by any state agency to enter into a contract to invest state public retirement system assets on behalf of a state public retirement system. (b) “Ratemaking proceeding” means, for the purposes of a proceeding before the Public Utilities Commission, any proceeding in which it is reasonably foreseeable that a rate will be established, including, but not limited to, general rate cases, performance-based ratemaking, and other ratesetting mechanisms. (c) “Quasi-legislative proceeding” means, for purposes of a proceeding before the Public Utilities Commission, any proceeding that involves consideration of the establishment of a policy that will apply generally to a group or class of persons, including, but not limited to, rulemakings and investigations that may establish rules affecting an entire industry. (d) 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. SEC. 2. Section 82002 is added to the Government Code, to read: 82002. (a) “Administrative action” means any of the following: (1) The proposal, drafting, development, consideration, amendment, enactment, or defeat by any state agency of any rule, regulation, or other action in any ratemaking proceeding or any quasi-legislative proceeding, which shall include any proceeding governed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (2) With regard only to placement agents, the decision by any state agency to enter into a contract to invest state public retirement system assets on behalf of a state public retirement system. (3) Governmental Procurement. (b) “Ratemaking proceeding” means, for purposes of a proceeding before the Public Utilities Commission, any proceeding in which it is reasonably foreseeable that a rate will be established, including, but not limited to, general rate cases, performance-based ratemaking, and other ratesetting mechanisms. (c) “Quasi-legislative proceeding” means, for purposes of a proceeding before the Public Utilities Commission, any proceeding that involves consideration of the establishment of a policy that will apply generally to a group or class of persons, including, but not limited to, rulemakings and investigations that may establish rules affecting an entire industry. (d) (1) “Governmental procurement” means any of the following with respect to influencing a state procurement contract for which the total estimated cost exceeds two hundred fifty thousand dollars ($250,000): (A) Preparing the terms, specifications, bid documents, request for proposals, or evaluation criteria for the procurement contract. (B) Soliciting for the procurement contract. (C) Evaluating the procurement contract. (D) Scoring criteria for the procurement contract. (E) Awarding, approving, denying, or disapproving the procurement contract. (F) Approving or denying an assignment, amendment, other than an amendment authorized and payable under the terms of the procurement contract as the procurement contract was finally awarded or approved, renewal, or extension of the procurement contract, or any other material change in the procurement contract resulting in financial benefit to the offeror. (2) “Governmental procurement” does not include any activity undertaken by a placement agent, as that term is defined in Section 82047.3. (e) This section shall become operative on January 1, 2017. SEC. 3. Section 82039 of the Government Code is amended to read: 82039. (a) “Lobbyist” means either of the following: (1) Any individual who receives two thousand dollars ($2,000) or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses, or whose principal duties as an employee are, to communicate directly or through his or her agents with any elective state official, agency official, or legislative official for the purpose of influencing legislative or administrative action. (2) A placement agent, as defined in Section 82047.3. (b) An individual is not a lobbyist by reason of activities described in Section 86300. (c) For the purposes of subdivision (a), a proceeding before the Public Utilities Commission constitutes “administrative action” if it meets any of the definitions set forth in subdivision (b) or (c) of Section 82002. However, a communication made for the purpose of influencing this type of Public Utilities Commission proceeding is not within subdivision (a) if the communication is made at a public hearing, public workshop, or other public forum that is part of the proceeding, or if the communication is included in the official record of the proceeding. (d) 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. SEC. 4. Section 82039 is added to the Government Code, to read: 82039. (a) “Lobbyist” means any of the following: (1) Any individual who receives two thousand dollars ($2,000) or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses, or whose principal duties as an employee are, to communicate directly or through his or her agents with any elective state official, agency official, or legislative official for the purpose of influencing legislative or administrative action, except for administrative action that is governmental procurement, as defined in subdivision (d) of Section 82002. (2) A placement agent, as defined in Section 82047.3. (3) Any individual who receives two thousand dollars ($2,000) or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses, to communicate directly or through his or her agents on behalf of any person other than his or her employer with any elective state official, agency official, or legislative official for the purpose of influencing administrative action that is governmental procurement, as defined in subdivision (d) of Section 82002. (b) An individual is not a lobbyist by reason of activities described in Section 86300. (c) For the purposes of subdivision (a), a proceeding before the Public Utilities Commission constitutes “administrative action” if it meets any of the definitions set forth in subdivision (b) or (c) of Section 82002. However, a communication made for the purpose of influencing this type of Public Utilities Commission proceeding is not within subdivision (a) if the communication is made at a public hearing, public workshop, or other public forum that is part of the proceeding, or if the communication is included in the official record of the proceeding. (d) This section shall become operative on January 1, 2017. SEC. 5. Section 86207 is added to the Government Code, to read: 86207. (a) Notwithstanding any other law, the penalties imposed by this title shall be the exclusive remedy for a violation of this chapter with respect to requirements for governmental procurement lobbying. (b) This section shall become operative on January 1, 2017. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SEC. 7. 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. SEC. 8. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide the Fair Political Practices Commission with authority and sufficient time to adopt regulations necessary to implement the substantive requirements of this act before the January 1, 2017, operative date, it is necessary that this bill 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 25200.1.3 is added to the Health and Safety Code, to read: 25200.1.3. The department shall, within 90 days of receiving a renewal application for a hazardous waste facilities permit, hold a public meeting in or near the community in which the hazardous waste facility is located in order to inform the public of the submission of the renewal application, the process for reviewing and making a decision on the renewal application, how the public can participate in the process, and the facility’s enforcement history. SEC. 2. Section 25205 of the Health and Safety Code is amended to read: 25205. (a) Except as provided in Section 25245.5, 25245.4, the department shall not issue or renew a permit to operate a hazardous waste facility unless the owner or operator of the facility establishes and maintains the financial assurances required pursuant to Article 12 (commencing with Section 25245). (b) The grant of interim status of a facility, or any portion thereof, that is operating under a grant of interim status pursuant to Section 25200.5, based on the facility having been in existence on November 19, 1980, shall terminate on July 1, 1997, unless the department certifies, on or before July 1, 1997, that the facility is in compliance with the financial assurance requirements of Article 12 (commencing with Section 25245) for a facility in operation since November 19, 1980, for all units, tanks, and equipment for which the facility has authorization to operate pursuant to its grant of interim status. (c) The department shall review the financial assurances required to operate a hazardous waste facility at least once every five years. If the department’s review finds the financial assurances for a facility to be inadequate, the department shall notify the owner or operator of the facility and require the owner or operator to update and adopt adequate financial assurances within 90 days. 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. The Legislature finds and declares all of the following: (a)Efforts to reduce greenhouse gas emissions and enhance carbon sequestration on river systems will have significant economic, social, and environmental cobenefits and can aid progress on efforts to prepare for climate change risks. (b)Investing in river systems allows for cobenefits, including protection of water supply and water quality, air quality, species habitat, recreation, jobs, flood protection, reduced heat-island effects, and reduced energy use. (c)To ensure resilience and proper carbon management of these river systems, an integrated program must be developed to maximize the carbon management of the systems as well as effectively use existing state and regional funding. SEC. 2. Chapter 10.5 (commencing with Section 5845) is added to Division 5 of the Public Resources Code , to read: 10.5. The California River Revitalization and Greenway Development Act of 2015 5845. This chapter shall be known, and may be cited, as CalRIVER. 5846. It is the intent of the Legislature that, in an effort to reduce greenhouse gas emissions and increase greenhouse gas sequestration, the state shall protect, restore, and enhance a network of river systems and their riparian corridors to increase water retention, improve water quality, improve urban greening and urban reforestation, reduce the heat-island effect, increase active transportation, such as biking and walking, improve nonmotorized mobility in the surrounding communities, and decrease vehicle miles traveled. 5847. (a)The Natural Resources Agency shall establish a grant program for projects on or adjacent to riparian corridors that furthers the regulatory purposes of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and meets the requirements of the Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act (Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code). (b)To be eligible for funding under the program, a project shall demonstrate that it will achieve a reduction in emissions of greenhouse gases. In selecting projects for funding, the Natural Resources Agency, in consultation with the State Air Resources Board, shall consider the extent to which a project reduces emissions of greenhouse gases. (c)In evaluating grant applications for funding, the Natural Resources Agency shall, in addition to prioritizing projects pursuant to subdivision (b), consider the extent to which a project provides the greatest level of the following cobenefits: (1)Recreational access to and improved human interaction with a river or riparian corridor, especially in urban corridors and park-starved communities. (2)Improved transportation mobility, especially pedestrian, bicycle, and public transit. (3)Economic viability of the surrounding community by promoting appropriate development, especially in an urban setting. (4)Development of visitor-serving and interpretive facilities. (5)Access and development of pocket parks, community gardens, demonstration gardens, and other urban greening. (6)Species protections and the protection of habitat strongholds, including improved wildlife corridors. (7)Improved resiliency in the face of unavoidable impacts from climate change. (8)Improved water supply, flood protection, and water quality, including the water quality of impaired water bodies through river restoration. (9)Job training and workforce development, especially projects that involve disadvantaged youth and veterans. (10)Improved stormwater retention. (d)Projects receiving funding pursuant to this chapter shall also be consistent with both of the following: (1)The California Water Action Plan published by the Governor. (2)The Safeguarding California Plan published by the Natural Resources Agency. (e)Projects receiving funding pursuant to this chapter for flood protection shall be consistent, as applicable, with Chapter 4 (commencing with Section 8400) of Part 2 of Division 5, Part 6 (commencing with Section 9600) of Division 5, and Part 9 (commencing with Section 12980) of Division 6, of the Water Code. (f)The Natural Resources Agency shall also prioritize funding pursuant to this chapter for projects with the following characteristics: (1)Are consistent with a parkway, greenway, or urban greening plan. (2)Leverage moneys from the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election. (3)Provide recreational access and opportunities to major metropolitan areas of the state, including those that are relatively underserved by parks. 5848. The CalRIVER fund is hereby created in the State Treasury to be administered by the Natural Resources Agency. The moneys in the CalRIVER Fund, upon appropriation by the Legislature, shall be expended by the Natural Resources Agency in accordance with this chapter. The Legislature may transfer moneys to the fund from bond proceeds and special funds, including, but not limited to, the Greenhouse Gas Reduction Fund, created by Section 16428.8 of the Government Code. 5849. The secretary shall develop regulations, criteria, or procedural guidelines for the implementation of this chapter.

Existing law, as part of the hazardous waste control law, requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the Department of Toxic Substances Control. Existing law requires the department to impose certain conditions on each hazardous waste facilities permit and authorizes the department to impose other conditions on a hazardous waste facilities permit, as specified. A violation of the hazardous waste control law is a crime. This bill would require the department, within 90 days of receiving a renewal application for a hazardous waste facilities permit, to hold a public meeting for specified purposes in or near the community in which the hazardous waste facility is located. Existing law prohibits the department from issuing or renewing a permit to operate a hazardous waste facility unless the owner or operator of the facility establishes and maintains financial assurances. This bill would require the department to review the financial assurances required to operate a hazardous waste facility at least once every 5 years. If the department’s review finds the financial assurances for a facility to be inadequate, the bill would require the department to notify the owner or operator of the facility and would require the owner or operator to update and adopt adequate financial assurances within 90 days. Because a violation of the bill’s requirements 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. Existing law establishes various plans and programs to preserve, protect, and rehabilitate lands adjacent to rivers in the state. 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 adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. This bill would require the Natural Resources Agency to establish a grant program for projects on or adjacent to riparian corridors that, among other things, furthers the regulatory purposes of the California Global Warming Solutions Act of 2006 and to consider the extent to which a project reduces emissions of greenhouse gases and provides the greatest level of specified cobenefits. The bill would create the CalRIVER Fund in the State Treasury, with moneys in the fund to be available upon appropriation to implement the grant program. The bill would require the secretary of the agency to develop regulations, criteria, or procedural guidelines for the implementation of the grant program.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 25200.1.3 is added to the Health and Safety Code, to read: 25200.1.3. The department shall, within 90 days of receiving a renewal application for a hazardous waste facilities permit, hold a public meeting in or near the community in which the hazardous waste facility is located in order to inform the public of the submission of the renewal application, the process for reviewing and making a decision on the renewal application, how the public can participate in the process, and the facility’s enforcement history. SEC. 2. Section 25205 of the Health and Safety Code is amended to read: 25205. (a) Except as provided in Section 25245.5, 25245.4, the department shall not issue or renew a permit to operate a hazardous waste facility unless the owner or operator of the facility establishes and maintains the financial assurances required pursuant to Article 12 (commencing with Section 25245). (b) The grant of interim status of a facility, or any portion thereof, that is operating under a grant of interim status pursuant to Section 25200.5, based on the facility having been in existence on November 19, 1980, shall terminate on July 1, 1997, unless the department certifies, on or before July 1, 1997, that the facility is in compliance with the financial assurance requirements of Article 12 (commencing with Section 25245) for a facility in operation since November 19, 1980, for all units, tanks, and equipment for which the facility has authorization to operate pursuant to its grant of interim status. (c) The department shall review the financial assurances required to operate a hazardous waste facility at least once every five years. If the department’s review finds the financial assurances for a facility to be inadequate, the department shall notify the owner or operator of the facility and require the owner or operator to update and adopt adequate financial assurances within 90 days. 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. The Legislature finds and declares all of the following: (a)Efforts to reduce greenhouse gas emissions and enhance carbon sequestration on river systems will have significant economic, social, and environmental cobenefits and can aid progress on efforts to prepare for climate change risks. (b)Investing in river systems allows for cobenefits, including protection of water supply and water quality, air quality, species habitat, recreation, jobs, flood protection, reduced heat-island effects, and reduced energy use. (c)To ensure resilience and proper carbon management of these river systems, an integrated program must be developed to maximize the carbon management of the systems as well as effectively use existing state and regional funding. SEC. 2. Chapter 10.5 (commencing with Section 5845) is added to Division 5 of the Public Resources Code , to read: 10.5. The California River Revitalization and Greenway Development Act of 2015 5845. This chapter shall be known, and may be cited, as CalRIVER. 5846. It is the intent of the Legislature that, in an effort to reduce greenhouse gas emissions and increase greenhouse gas sequestration, the state shall protect, restore, and enhance a network of river systems and their riparian corridors to increase water retention, improve water quality, improve urban greening and urban reforestation, reduce the heat-island effect, increase active transportation, such as biking and walking, improve nonmotorized mobility in the surrounding communities, and decrease vehicle miles traveled. 5847. (a)The Natural Resources Agency shall establish a grant program for projects on or adjacent to riparian corridors that furthers the regulatory purposes of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and meets the requirements of the Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act (Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code). (b)To be eligible for funding under the program, a project shall demonstrate that it will achieve a reduction in emissions of greenhouse gases. In selecting projects for funding, the Natural Resources Agency, in consultation with the State Air Resources Board, shall consider the extent to which a project reduces emissions of greenhouse gases. (c)In evaluating grant applications for funding, the Natural Resources Agency shall, in addition to prioritizing projects pursuant to subdivision (b), consider the extent to which a project provides the greatest level of the following cobenefits: (1)Recreational access to and improved human interaction with a river or riparian corridor, especially in urban corridors and park-starved communities. (2)Improved transportation mobility, especially pedestrian, bicycle, and public transit. (3)Economic viability of the surrounding community by promoting appropriate development, especially in an urban setting. (4)Development of visitor-serving and interpretive facilities. (5)Access and development of pocket parks, community gardens, demonstration gardens, and other urban greening. (6)Species protections and the protection of habitat strongholds, including improved wildlife corridors. (7)Improved resiliency in the face of unavoidable impacts from climate change. (8)Improved water supply, flood protection, and water quality, including the water quality of impaired water bodies through river restoration. (9)Job training and workforce development, especially projects that involve disadvantaged youth and veterans. (10)Improved stormwater retention. (d)Projects receiving funding pursuant to this chapter shall also be consistent with both of the following: (1)The California Water Action Plan published by the Governor. (2)The Safeguarding California Plan published by the Natural Resources Agency. (e)Projects receiving funding pursuant to this chapter for flood protection shall be consistent, as applicable, with Chapter 4 (commencing with Section 8400) of Part 2 of Division 5, Part 6 (commencing with Section 9600) of Division 5, and Part 9 (commencing with Section 12980) of Division 6, of the Water Code. (f)The Natural Resources Agency shall also prioritize funding pursuant to this chapter for projects with the following characteristics: (1)Are consistent with a parkway, greenway, or urban greening plan. (2)Leverage moneys from the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election. (3)Provide recreational access and opportunities to major metropolitan areas of the state, including those that are relatively underserved by parks. 5848. The CalRIVER fund is hereby created in the State Treasury to be administered by the Natural Resources Agency. The moneys in the CalRIVER Fund, upon appropriation by the Legislature, shall be expended by the Natural Resources Agency in accordance with this chapter. The Legislature may transfer moneys to the fund from bond proceeds and special funds, including, but not limited to, the Greenhouse Gas Reduction Fund, created by Section 16428.8 of the Government Code. 5849. The secretary shall develop regulations, criteria, or procedural guidelines for the implementation of this chapter. ### Summary: This bill would enact the California River Revitalization and Greenway Development Act of 2015, which would establish a grant program for projects on or adjacent to

The people of the State of California do enact as follows: SECTION 1. Section 1250 of the Health and Safety Code is amended to read: 1250. As used in this chapter, “health facility” means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer, and includes the following types: (a) “General acute care hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services. A general acute care hospital may include more than one physical plant maintained and operated on separate premises as provided in Section 1250.8. A general acute care hospital that exclusively provides acute medical rehabilitation center services, including at least physical therapy, occupational therapy, and speech therapy, may provide for the required surgical and anesthesia services through a contract with another acute care hospital. In addition, a general acute care hospital that, on July 1, 1983, provided required surgical and anesthesia services through a contract or agreement with another acute care hospital may continue to provide these surgical and anesthesia services through a contract or agreement with an acute care hospital. The general acute care hospital operated by the State Department of Developmental Services at Agnews Developmental Center may, until June 30, 2007, provide surgery and anesthesia services through a contract or agreement with another acute care hospital. Notwithstanding the requirements of this subdivision, a general acute care hospital operated by the Department of Corrections and Rehabilitation or the Department of Veterans Affairs may provide surgery and anesthesia services during normal weekday working hours, and not provide these services during other hours of the weekday or on weekends or holidays, if the general acute care hospital otherwise meets the requirements of this section. A “general acute care hospital” includes a “rural general acute care hospital.” However, a “rural general acute care hospital” shall not be required by the department to provide surgery and anesthesia services. A “rural general acute care hospital” shall meet either of the following conditions: (1) The hospital meets criteria for designation within peer group six or eight, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982. (2) The hospital meets the criteria for designation within peer group five or seven, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982, and has no more than 76 acute care beds and is located in a census dwelling place of 15,000 or less population according to the 1980 federal census. (b) “Acute psychiatric hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care for persons with mental health disorders or other patients referred to in Division 5 (commencing with Section 5000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code, including the following basic services: medical, nursing, rehabilitative, pharmacy, and dietary services. (c) (1) “Skilled nursing facility” means a health facility that provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. (2) “Skilled nursing facility” includes a “small house skilled nursing facility (SHSNF),” as defined in Section 1323.5. (d) “Intermediate care facility” means a health facility that provides inpatient care to ambulatory or nonambulatory patients who have recurring need for skilled nursing supervision and need supportive care, but who do not require availability of continuous skilled nursing care. (e) “Intermediate care facility/developmentally disabled habilitative” means a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, habilitation, developmental, and supportive health services to 15 or fewer persons with developmental disabilities who have intermittent recurring needs for nursing services, but have been certified by a physician and surgeon as not requiring availability of continuous skilled nursing care. (f) “Special hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical or dental staff that provides inpatient or outpatient care in dentistry or maternity. (g) “Intermediate care facility/developmentally disabled” means a facility that provides 24-hour personal care, habilitation, developmental, and supportive health services to persons with developmental disabilities whose primary need is for developmental services and who have a recurring but intermittent need for skilled nursing services. (h) “Intermediate care facility/developmentally disabled-nursing” means a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have intermittent recurring needs for skilled nursing care but have been certified by a physician and surgeon as not requiring continuous skilled nursing care. The facility shall serve medically fragile persons with developmental disabilities or who demonstrate significant developmental delay that may lead to a developmental disability if not treated. (i) (1) “Congregate living health facility” means a residential home with a capacity, except as provided in paragraph (4), of no more than 18 beds, that provides inpatient care, including the following basic services: medical supervision, 24-hour skilled nursing and supportive care, pharmacy, dietary, social, recreational, and at least one type of service specified in paragraph (2). The primary need of congregate living health facility residents shall be for availability of skilled nursing care on a recurring, intermittent, extended, or continuous basis. This care is generally less intense than that provided in general acute care hospitals but more intense than that provided in skilled nursing facilities. (2) Congregate living health facilities shall provide one or more of the following services: (A) Services for persons who are mentally alert, persons with physical disabilities, who may be ventilator dependent. (B) Services for persons who have a diagnosis of terminal illness, a diagnosis of a life-threatening illness, or both. Terminal illness means the individual has a life expectancy of six months or less as stated in writing by his or her attending physician and surgeon. A “life-threatening illness” means the individual has an illness that can lead to a possibility of a termination of life within five years or less as stated in writing by his or her attending physician and surgeon. (C) Services for persons who are catastrophically and severely disabled. A person who is catastrophically and severely disabled means a person whose origin of disability was acquired through trauma or nondegenerative neurologic illness, for whom it has been determined that active rehabilitation would be beneficial and to whom these services are being provided. Services offered by a congregate living health facility to a person who is catastrophically disabled shall include, but not be limited to, speech, physical, and occupational therapy. (3) A congregate living health facility license shall specify which of the types of persons described in paragraph (2) to whom a facility is licensed to provide services. (4) (A) A facility operated by a city and county for the purposes of delivering services under this section may have a capacity of 59 beds. (B) A congregate living health facility not operated by a city and county servicing persons who are terminally ill, persons who have been diagnosed with a life-threatening illness, or both, that is located in a county with a population of 500,000 or more persons, or located in a county of the 16th class pursuant to Section 28020 of the Government Code, may have not more than 25 beds for the purpose of serving persons who are terminally ill. (5) A congregate living health facility shall have a noninstitutional, homelike environment. (j) (1) “Correctional treatment center” means a health facility operated by the Department of Corrections and Rehabilitation, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or a county, city, or city and county law enforcement agency that, as determined by the department, provides inpatient health services to that portion of the inmate population who do not require a general acute care level of basic services. This definition shall not apply to those areas of a law enforcement facility that houses inmates or wards who may be receiving outpatient services and are housed separately for reasons of improved access to health care, security, and protection. The health services provided by a correctional treatment center shall include, but are not limited to, all of the following basic services: physician and surgeon, psychiatrist, psychologist, nursing, pharmacy, and dietary. A correctional treatment center may provide the following services: laboratory, radiology, perinatal, and any other services approved by the department. (2) Outpatient surgical care with anesthesia may be provided, if the correctional treatment center meets the same requirements as a surgical clinic licensed pursuant to Section 1204, with the exception of the requirement that patients remain less than 24 hours. (3) Correctional treatment centers shall maintain written service agreements with general acute care hospitals to provide for those inmate physical health needs that cannot be met by the correctional treatment center. (4) Physician and surgeon services shall be readily available in a correctional treatment center on a 24-hour basis. (5) It is not the intent of the Legislature to have a correctional treatment center supplant the general acute care hospitals at the California Medical Facility, the California Men’s Colony, and the California Institution for Men. This subdivision shall not be construed to prohibit the Department of Corrections and Rehabilitation from obtaining a correctional treatment center license at these sites. (k) “Nursing facility” means a health facility licensed pursuant to this chapter that is certified to participate as a provider of care either as a skilled nursing facility in the federal Medicare Program under Title XVIII of the federal Social Security Act (42 U.S.C. Sec. 1395 et seq.) or as a nursing facility in the federal Medicaid Program under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), or as both. (l) Regulations defining a correctional treatment center described in subdivision (j) that is operated by a county, city, or city and county, the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall not become effective prior to, or, if effective, shall be inoperative until January 1, 1996, and until that time these correctional facilities are exempt from any licensing requirements. (m) “Intermediate care facility/developmentally disabled-continuous nursing (ICF/DD-CN)” means a homelike facility with a capacity of four to eight, inclusive, beds that provides 24-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have continuous needs for skilled nursing care and have been certified by a physician and surgeon as warranting continuous skilled nursing care. The facility shall serve medically fragile persons who have developmental disabilities or demonstrate significant developmental delay that may lead to a developmental disability if not treated. ICF/DD-CN facilities shall be subject to licensure under this chapter upon adoption of licensing regulations in accordance with Section 1275.3. A facility providing continuous skilled nursing services to persons with developmental disabilities pursuant to Section 14132.20 or 14495.10 of the Welfare and Institutions Code shall apply for licensure under this subdivision within 90 days after the regulations become effective, and may continue to operate pursuant to those sections until its licensure application is either approved or denied. (n) “Hospice facility” means a health facility licensed pursuant to this chapter with a capacity of no more than 24 beds that provides hospice services. Hospice services include, but are not limited to, routine care, continuous care, inpatient respite care, and inpatient hospice care as defined in subdivision (d) of Section 1339.40, and is operated by a provider of hospice services that is licensed pursuant to Section 1751 and certified as a hospice pursuant to Part 418 of Title 42 of the Code of Federal Regulations. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to immediately ensure that eligible patients of congregate living health facilities are able to obtain essential care, and to enable these facilities to provide care for patients currently on a waiting list, it is necessary that this act take effect immediately.

Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, including congregate living health facilities. A violation of these provisions is a misdemeanor. For this purpose, existing law defines “congregate living health facility” as a residential home with a capacity of no more than 12 beds, that provides inpatient care and skilled nursing care on a recurring, intermittent, extended, or continuous basis. This bill would include in the definition of congregate living health facility a residential home with a capacity of no more than 18 beds that provides inpatient and skilled nursing care, as specified. By changing the definition of a crime, this bill would impose a state-mandated local program. The bill would make other technical, nonsubstantive changes. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. 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 1250 of the Health and Safety Code is amended to read: 1250. As used in this chapter, “health facility” means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24-hour stay or longer, and includes the following types: (a) “General acute care hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care, including the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services. A general acute care hospital may include more than one physical plant maintained and operated on separate premises as provided in Section 1250.8. A general acute care hospital that exclusively provides acute medical rehabilitation center services, including at least physical therapy, occupational therapy, and speech therapy, may provide for the required surgical and anesthesia services through a contract with another acute care hospital. In addition, a general acute care hospital that, on July 1, 1983, provided required surgical and anesthesia services through a contract or agreement with another acute care hospital may continue to provide these surgical and anesthesia services through a contract or agreement with an acute care hospital. The general acute care hospital operated by the State Department of Developmental Services at Agnews Developmental Center may, until June 30, 2007, provide surgery and anesthesia services through a contract or agreement with another acute care hospital. Notwithstanding the requirements of this subdivision, a general acute care hospital operated by the Department of Corrections and Rehabilitation or the Department of Veterans Affairs may provide surgery and anesthesia services during normal weekday working hours, and not provide these services during other hours of the weekday or on weekends or holidays, if the general acute care hospital otherwise meets the requirements of this section. A “general acute care hospital” includes a “rural general acute care hospital.” However, a “rural general acute care hospital” shall not be required by the department to provide surgery and anesthesia services. A “rural general acute care hospital” shall meet either of the following conditions: (1) The hospital meets criteria for designation within peer group six or eight, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982. (2) The hospital meets the criteria for designation within peer group five or seven, as defined in the report entitled Hospital Peer Grouping for Efficiency Comparison, dated December 20, 1982, and has no more than 76 acute care beds and is located in a census dwelling place of 15,000 or less population according to the 1980 federal census. (b) “Acute psychiatric hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff that provides 24-hour inpatient care for persons with mental health disorders or other patients referred to in Division 5 (commencing with Section 5000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code, including the following basic services: medical, nursing, rehabilitative, pharmacy, and dietary services. (c) (1) “Skilled nursing facility” means a health facility that provides skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. (2) “Skilled nursing facility” includes a “small house skilled nursing facility (SHSNF),” as defined in Section 1323.5. (d) “Intermediate care facility” means a health facility that provides inpatient care to ambulatory or nonambulatory patients who have recurring need for skilled nursing supervision and need supportive care, but who do not require availability of continuous skilled nursing care. (e) “Intermediate care facility/developmentally disabled habilitative” means a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, habilitation, developmental, and supportive health services to 15 or fewer persons with developmental disabilities who have intermittent recurring needs for nursing services, but have been certified by a physician and surgeon as not requiring availability of continuous skilled nursing care. (f) “Special hospital” means a health facility having a duly constituted governing body with overall administrative and professional responsibility and an organized medical or dental staff that provides inpatient or outpatient care in dentistry or maternity. (g) “Intermediate care facility/developmentally disabled” means a facility that provides 24-hour personal care, habilitation, developmental, and supportive health services to persons with developmental disabilities whose primary need is for developmental services and who have a recurring but intermittent need for skilled nursing services. (h) “Intermediate care facility/developmentally disabled-nursing” means a facility with a capacity of 4 to 15 beds that provides 24-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have intermittent recurring needs for skilled nursing care but have been certified by a physician and surgeon as not requiring continuous skilled nursing care. The facility shall serve medically fragile persons with developmental disabilities or who demonstrate significant developmental delay that may lead to a developmental disability if not treated. (i) (1) “Congregate living health facility” means a residential home with a capacity, except as provided in paragraph (4), of no more than 18 beds, that provides inpatient care, including the following basic services: medical supervision, 24-hour skilled nursing and supportive care, pharmacy, dietary, social, recreational, and at least one type of service specified in paragraph (2). The primary need of congregate living health facility residents shall be for availability of skilled nursing care on a recurring, intermittent, extended, or continuous basis. This care is generally less intense than that provided in general acute care hospitals but more intense than that provided in skilled nursing facilities. (2) Congregate living health facilities shall provide one or more of the following services: (A) Services for persons who are mentally alert, persons with physical disabilities, who may be ventilator dependent. (B) Services for persons who have a diagnosis of terminal illness, a diagnosis of a life-threatening illness, or both. Terminal illness means the individual has a life expectancy of six months or less as stated in writing by his or her attending physician and surgeon. A “life-threatening illness” means the individual has an illness that can lead to a possibility of a termination of life within five years or less as stated in writing by his or her attending physician and surgeon. (C) Services for persons who are catastrophically and severely disabled. A person who is catastrophically and severely disabled means a person whose origin of disability was acquired through trauma or nondegenerative neurologic illness, for whom it has been determined that active rehabilitation would be beneficial and to whom these services are being provided. Services offered by a congregate living health facility to a person who is catastrophically disabled shall include, but not be limited to, speech, physical, and occupational therapy. (3) A congregate living health facility license shall specify which of the types of persons described in paragraph (2) to whom a facility is licensed to provide services. (4) (A) A facility operated by a city and county for the purposes of delivering services under this section may have a capacity of 59 beds. (B) A congregate living health facility not operated by a city and county servicing persons who are terminally ill, persons who have been diagnosed with a life-threatening illness, or both, that is located in a county with a population of 500,000 or more persons, or located in a county of the 16th class pursuant to Section 28020 of the Government Code, may have not more than 25 beds for the purpose of serving persons who are terminally ill. (5) A congregate living health facility shall have a noninstitutional, homelike environment. (j) (1) “Correctional treatment center” means a health facility operated by the Department of Corrections and Rehabilitation, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or a county, city, or city and county law enforcement agency that, as determined by the department, provides inpatient health services to that portion of the inmate population who do not require a general acute care level of basic services. This definition shall not apply to those areas of a law enforcement facility that houses inmates or wards who may be receiving outpatient services and are housed separately for reasons of improved access to health care, security, and protection. The health services provided by a correctional treatment center shall include, but are not limited to, all of the following basic services: physician and surgeon, psychiatrist, psychologist, nursing, pharmacy, and dietary. A correctional treatment center may provide the following services: laboratory, radiology, perinatal, and any other services approved by the department. (2) Outpatient surgical care with anesthesia may be provided, if the correctional treatment center meets the same requirements as a surgical clinic licensed pursuant to Section 1204, with the exception of the requirement that patients remain less than 24 hours. (3) Correctional treatment centers shall maintain written service agreements with general acute care hospitals to provide for those inmate physical health needs that cannot be met by the correctional treatment center. (4) Physician and surgeon services shall be readily available in a correctional treatment center on a 24-hour basis. (5) It is not the intent of the Legislature to have a correctional treatment center supplant the general acute care hospitals at the California Medical Facility, the California Men’s Colony, and the California Institution for Men. This subdivision shall not be construed to prohibit the Department of Corrections and Rehabilitation from obtaining a correctional treatment center license at these sites. (k) “Nursing facility” means a health facility licensed pursuant to this chapter that is certified to participate as a provider of care either as a skilled nursing facility in the federal Medicare Program under Title XVIII of the federal Social Security Act (42 U.S.C. Sec. 1395 et seq.) or as a nursing facility in the federal Medicaid Program under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), or as both. (l) Regulations defining a correctional treatment center described in subdivision (j) that is operated by a county, city, or city and county, the Department of Corrections and Rehabilitation, or the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall not become effective prior to, or, if effective, shall be inoperative until January 1, 1996, and until that time these correctional facilities are exempt from any licensing requirements. (m) “Intermediate care facility/developmentally disabled-continuous nursing (ICF/DD-CN)” means a homelike facility with a capacity of four to eight, inclusive, beds that provides 24-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have continuous needs for skilled nursing care and have been certified by a physician and surgeon as warranting continuous skilled nursing care. The facility shall serve medically fragile persons who have developmental disabilities or demonstrate significant developmental delay that may lead to a developmental disability if not treated. ICF/DD-CN facilities shall be subject to licensure under this chapter upon adoption of licensing regulations in accordance with Section 1275.3. A facility providing continuous skilled nursing services to persons with developmental disabilities pursuant to Section 14132.20 or 14495.10 of the Welfare and Institutions Code shall apply for licensure under this subdivision within 90 days after the regulations become effective, and may continue to operate pursuant to those sections until its licensure application is either approved or denied. (n) “Hospice facility” means a health facility licensed pursuant to this chapter with a capacity of no more than 24 beds that provides hospice services. Hospice services include, but are not limited to, routine care, continuous care, inpatient respite care, and inpatient hospice care as defined in subdivision (d) of Section 1339.40, and is operated by a provider of hospice services that is licensed pursuant to Section 1751 and certified as a hospice pursuant to Part 418 of Title 42 of the Code of Federal Regulations. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to immediately ensure that eligible patients of congregate living health facilities are able to obtain essential care, and to enable these facilities to provide care for patients currently on a waiting list, 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. Chapter 2.7 (commencing with Section 15180) is added to Part 6 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 2.7. Offender Global Positioning System Database 15180. It is the intent of the Legislature to provide for a statewide database to receive and house all Global Positioning System (GPS) device data for offenders monitored by criminal justice agencies throughout the state. Developing and implementing this database is a matter of public safety and statewide importance. Presently there is no ability for criminal justice agencies to access each other’s GPS device data to determine if an offender placed on GPS by one entity is in the proximity of another offender monitored by a different entity. A GPS database that can be accessed by criminal justice agencies will enhance supervision practices, promote rehabilitative services, assist investigations and ensure offender accountability and community safety. 15181. The Department of Justice shall implement, operate, and maintain the Offender Global Positioning System Database for the use of criminal justice agencies. 15182. As used in this chapter, the following terms are defined below: (a) “Alert” means a notification from the database to the monitoring agency or user. (b) “Database” means the Offender Global Positioning System Database as described in this chapter. (c) “Global Positioning System device” or “GPS device” means a device that uses signals from satellites to determine an offender’s physical location with a high degree of accuracy. (d) “Monitoring agency” means the criminal justice agency responsible, pursuant to statute or court order, for monitoring an offender. (e) “Offender” means any person convicted of a crime and who is subject to GPS device monitoring by a criminal justice agency. (f) “Reporting cycle” means the specified minimum interval at which a GPS device is to transmit data to the database. (g) “User” means a criminal justice agency with a data connection to the database. 15183. (a) On or before January 1, ______, the Department of Justice shall develop functional specifications and standards for offender GPS devices in compliance with the following objectives: (1) The GPS device shall transmit GPS data information to the database at a specified reporting cycle. The GPS data information transmitted to the database shall include the following data elements: (A) Latitude. (B) Longitude. (C) The offender’s full name. (D) The offender’s date of birth. (E) The monitoring entity’s contact information. (F) The GPS device identification number. (2) The GPS device shall be capable of receiving commands from the database to transmit the data information identified in paragraph (1) regardless of the device’s reporting cycle. (b) On or before January 1, ____, the Department of Justice shall develop functional specifications and standards for the database in compliance with the following objectives: (1) The database shall receive information from GPS devices to include the data elements in paragraph (1) of subdivision (a). (2) The database shall permit users to track and view offender’s proximity to other offenders. (3) The database shall permit users to create and use offender monitoring alert zones. These zones which are electronically demarcated during GPS monitoring, are as follows: (A) An “inclusion zone” is a geographic area within which it is appropriate for an offender to be present. If the offender leaves this zone, an alert shall occur. (B) An “exclusion zone” is a geographic area within which an offender is not permitted. If the offender enters this zone, an alert shall occur. (C) An “investigation zone” is a specialized geographic area created by the monitoring agency or user where, if specified criteria are met, an alert shall occur. (4) The database shall permit users to send a command to a GPS device or multiple GPS devices to transmit the data information identified in paragraph (1) of subdivision (a), regardless of the device’s reporting cycle. (5) The database shall permit users to determine if one or more offenders are, or were, at or near a particular location during a specified time frame. (c) The Department of Justice shall consult with the following entities and groups when developing the functional specifications and standards set forth in subdivisions (a) and (b): (1) The Department of Corrections and Rehabilitation. (2) Chief Probation Officers of California. (3) The California Probation, Parole, and Correctional Association. (4) The California Police Chiefs Association. (5) The California Peace Officers’ Association. (6) GPS device industry representatives. (d) Each entity and group listed in subdivision (c) may designate a representative to work with the Department of Justice to develop the functional specifications and standards set forth in subdivisions (a) and (b). (e) Criminal justice agencies that use GPS devices for monitoring offenders shall have the ability to select from different manufacturers and vendors, in accordance with any contracting policies, rules, and regulations governing their authority to contract for those services. The functional specifications and standards shall encourage multiple bidders and shall not have the effect of limiting the criminal justice agencies to choosing a GPS device that is able to be supplied by only one manufacturer or vendor. (f) Except as provided in subdivision (g), a GPS device purchased or used for GPS monitoring of offenders in this state shall comply with the functional specifications and standards developed pursuant to subdivision (a). (g) Subdivision (f) does not apply to any GPS devices purchased and used to monitor offenders pursuant to a contract entered into before January 1, ____. (h) On a triennial basis, following implementation of the functional specifications and standards for GPS devices and the database, the Department of Justice shall consult with the entities and groups identified in subdivision (c) to determine if there are any improvements to the functional specifications and standards for GPS devices and the database needed to meet the needs of law enforcement and to take advantage of advancements in GPS monitoring. The database shall be designed to accommodate present and future data-processing equipment. 15184. The Department of Justice shall provide, at state expense, connections to the database to one sheriff’s system and one probation department system in each county, hereinafter the “county systems.” Before providing the county systems with connections to the database, the Department of Justice shall adopt and publish for distribution, the operating policies, practices, and procedures for the database, and the security requirements for county systems connecting to the database. 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 requires sex offenders to wear global positioning system (GPS) devices while on parole, and requires some of those offenders to wear those devices for life. This bill would require the Department of Justice to establish an Offender Global Positioning System Database that would receive and store GPS device data for offenders monitored by criminal justice agencies throughout the state. The database would be required, among other capabilities, to receive specified data and to be able to send commands to a GPS device requiring the device to report data and to comply with other functional requirements. The department would be required to provide, at state expense, connections to the database to one sheriff’s system and one probation department system in each county for purposes of submitting data to the database. By imposing additional duties on local law enforcement agencies in connection with the operation of the GPS database, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 2.7 (commencing with Section 15180) is added to Part 6 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 2.7. Offender Global Positioning System Database 15180. It is the intent of the Legislature to provide for a statewide database to receive and house all Global Positioning System (GPS) device data for offenders monitored by criminal justice agencies throughout the state. Developing and implementing this database is a matter of public safety and statewide importance. Presently there is no ability for criminal justice agencies to access each other’s GPS device data to determine if an offender placed on GPS by one entity is in the proximity of another offender monitored by a different entity. A GPS database that can be accessed by criminal justice agencies will enhance supervision practices, promote rehabilitative services, assist investigations and ensure offender accountability and community safety. 15181. The Department of Justice shall implement, operate, and maintain the Offender Global Positioning System Database for the use of criminal justice agencies. 15182. As used in this chapter, the following terms are defined below: (a) “Alert” means a notification from the database to the monitoring agency or user. (b) “Database” means the Offender Global Positioning System Database as described in this chapter. (c) “Global Positioning System device” or “GPS device” means a device that uses signals from satellites to determine an offender’s physical location with a high degree of accuracy. (d) “Monitoring agency” means the criminal justice agency responsible, pursuant to statute or court order, for monitoring an offender. (e) “Offender” means any person convicted of a crime and who is subject to GPS device monitoring by a criminal justice agency. (f) “Reporting cycle” means the specified minimum interval at which a GPS device is to transmit data to the database. (g) “User” means a criminal justice agency with a data connection to the database. 15183. (a) On or before January 1, ______, the Department of Justice shall develop functional specifications and standards for offender GPS devices in compliance with the following objectives: (1) The GPS device shall transmit GPS data information to the database at a specified reporting cycle. The GPS data information transmitted to the database shall include the following data elements: (A) Latitude. (B) Longitude. (C) The offender’s full name. (D) The offender’s date of birth. (E) The monitoring entity’s contact information. (F) The GPS device identification number. (2) The GPS device shall be capable of receiving commands from the database to transmit the data information identified in paragraph (1) regardless of the device’s reporting cycle. (b) On or before January 1, ____, the Department of Justice shall develop functional specifications and standards for the database in compliance with the following objectives: (1) The database shall receive information from GPS devices to include the data elements in paragraph (1) of subdivision (a). (2) The database shall permit users to track and view offender’s proximity to other offenders. (3) The database shall permit users to create and use offender monitoring alert zones. These zones which are electronically demarcated during GPS monitoring, are as follows: (A) An “inclusion zone” is a geographic area within which it is appropriate for an offender to be present. If the offender leaves this zone, an alert shall occur. (B) An “exclusion zone” is a geographic area within which an offender is not permitted. If the offender enters this zone, an alert shall occur. (C) An “investigation zone” is a specialized geographic area created by the monitoring agency or user where, if specified criteria are met, an alert shall occur. (4) The database shall permit users to send a command to a GPS device or multiple GPS devices to transmit the data information identified in paragraph (1) of subdivision (a), regardless of the device’s reporting cycle. (5) The database shall permit users to determine if one or more offenders are, or were, at or near a particular location during a specified time frame. (c) The Department of Justice shall consult with the following entities and groups when developing the functional specifications and standards set forth in subdivisions (a) and (b): (1) The Department of Corrections and Rehabilitation. (2) Chief Probation Officers of California. (3) The California Probation, Parole, and Correctional Association. (4) The California Police Chiefs Association. (5) The California Peace Officers’ Association. (6) GPS device industry representatives. (d) Each entity and group listed in subdivision (c) may designate a representative to work with the Department of Justice to develop the functional specifications and standards set forth in subdivisions (a) and (b). (e) Criminal justice agencies that use GPS devices for monitoring offenders shall have the ability to select from different manufacturers and vendors, in accordance with any contracting policies, rules, and regulations governing their authority to contract for those services. The functional specifications and standards shall encourage multiple bidders and shall not have the effect of limiting the criminal justice agencies to choosing a GPS device that is able to be supplied by only one manufacturer or vendor. (f) Except as provided in subdivision (g), a GPS device purchased or used for GPS monitoring of offenders in this state shall comply with the functional specifications and standards developed pursuant to subdivision (a). (g) Subdivision (f) does not apply to any GPS devices purchased and used to monitor offenders pursuant to a contract entered into before January 1, ____. (h) On a triennial basis, following implementation of the functional specifications and standards for GPS devices and the database, the Department of Justice shall consult with the entities and groups identified in subdivision (c) to determine if there are any improvements to the functional specifications and standards for GPS devices and the database needed to meet the needs of law enforcement and to take advantage of advancements in GPS monitoring. The database shall be designed to accommodate present and future data-processing equipment. 15184. The Department of Justice shall provide, at state expense, connections to the database to one sheriff’s system and one probation department system in each county, hereinafter the “county systems.” Before providing the county systems with connections to the database, the Department of Justice shall adopt and publish for distribution, the operating policies, practices, and procedures for the database, and the security requirements for county systems connecting to the database. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 1203 of the Penal Code is amended to read: 1203. (a) As used in this code, “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. As used in this code, “conditional sentence” means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer. It is the intent of the Legislature that both conditional sentence and probation are authorized whenever probation is authorized in any code as a sentencing option for infractions or misdemeanors. (b) (1) Except as provided in subdivision (j), if a person is convicted of a felony and is eligible for probation, before judgment is pronounced, the court shall immediately refer the matter to a probation officer to investigate and report to the court, at a specified time, upon the circumstances surrounding the crime and the prior history and record of the person, which may be considered either in aggravation or mitigation of the punishment. (2) (A) The probation officer shall immediately investigate and make a written report to the court of his or her findings and recommendations, including his or her recommendations as to the granting or denying of probation and the conditions of probation, if granted. (B) Pursuant to Section 828 of the Welfare and Institutions Code, the probation officer shall include in his or her report any information gathered by a law enforcement agency relating to the taking of the defendant into custody as a minor, which shall be considered for purposes of determining whether adjudications of commissions of crimes as a juvenile warrant a finding that there are circumstances in aggravation pursuant to Section 1170 or to deny probation. (C) If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation report recommends that registration be ordered at sentencing pursuant to Section 290.006, the probation officer’s report shall include the results of the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable. (D) The probation officer may also include in the report his or her recommendation of both of the following: (i) The amount the defendant should be required to pay as a restitution fine pursuant to subdivision (b) of Section 1202.4. (ii) Whether the court shall require, as a condition of probation, restitution to the victim or to the Restitution Fund and the amount thereof. (E) The report shall be made available to the court and the prosecuting and defense attorneys at least five days, or upon request of the defendant or prosecuting attorney nine days, prior to the time fixed by the court for the hearing and determination of the report, and shall be filed with the clerk of the court as a record in the case at the time of the hearing. The time within which the report shall be made available and filed may be waived by written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court. A request for a continuance of the hearing based on a failure to make the report available to the parties within the deadlines specified above may be granted by the court only upon a finding of good cause. (3) At a time fixed by the court, the court shall hear and determine the application, if one has been made, or, in any case, the suitability of probation in the particular case. At the hearing, the court shall consider any report of the probation officer, including the results of the SARATSO, if applicable, and shall make a statement that it has considered the report, which shall be filed with the clerk of the court as a record in the case. If the court determines that there are circumstances in mitigation of the punishment prescribed by law or that the ends of justice would be served by granting probation to the person, it may place the person on probation. If probation is denied, the clerk of the court shall immediately send a copy of the report to the Department of Corrections and Rehabilitation at the prison or other institution to which the person is delivered. (4) The preparation of the report or the consideration of the report by the court may be waived only by a written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court, except that a waiver shall not be allowed unless the court consents thereto. However, if the defendant is ultimately sentenced and committed to the state prison, a probation report shall be completed pursuant to Section 1203c. (c) If a defendant is not represented by an attorney, the court shall order the probation officer who makes the probation report to discuss its contents with the defendant. (d) If a person is convicted of a misdemeanor, the court may either refer the matter to the probation officer for an investigation and a report or summarily pronounce a conditional sentence. If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation officer recommends that the court, at sentencing, order the offender to register as a sex offender pursuant to Section 290.006, the court shall refer the matter to the probation officer for the purpose of obtaining a report on the results of the State-Authorized Risk Assessment Tool for Sex Offenders administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable, which the court shall consider. If the case is not referred to the probation officer, in sentencing the person, the court may consider any information concerning the person that could have been included in a probation report. The court shall inform the person of the information to be considered and permit him or her to answer or controvert the information. For this purpose, upon the request of the person, the court shall grant a continuance before the judgment is pronounced. (e) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any of the following persons: (1) Unless the person had a lawful right to carry a deadly weapon, other than a firearm, at the time of the perpetration of the crime or his or her arrest, any person who has been convicted of arson, robbery, carjacking, burglary, burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, kidnapping, escape from the state prison, or a conspiracy to commit one or more of those crimes and who was armed with the weapon at either of those times. (2) Any person who used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the crime of which he or she has been convicted. (3) Any person who willfully inflicted great bodily injury or torture in the perpetration of the crime of which he or she has been convicted. (4) Any person who has been previously convicted twice in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony. (5) Unless the person has never been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, any person who has been convicted of burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, extortion, kidnapping, escape from the state prison, a violation of Section 286, 288, 288a, or 288.5, or a conspiracy to commit one or more of those crimes. (6) Any person who has been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, if he or she committed any of the following acts: (A) Unless the person had a lawful right to carry a deadly weapon at the time of the perpetration of the previous crime or his or her arrest for the previous crime, he or she was armed with a weapon at either of those times. (B) The person used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the previous crime. (C) The person willfully inflicted great bodily injury or torture in the perpetration of the previous crime. (7) Any public official or peace officer of this state or any city, county, or other political subdivision who, in the discharge of the duties of his or her public office or employment, accepted or gave or offered to accept or give any bribe, embezzled public money, or was guilty of extortion. (8) Any person who knowingly furnishes or gives away phencyclidine. (9) Any person who intentionally inflicted great bodily injury in the commission of arson under subdivision (a) of Section 451 or who intentionally set fire to, burned, or caused the burning of, an inhabited structure or inhabited property in violation of subdivision (b) of Section 451. (10) Any person who, in the commission of a felony, inflicts great bodily injury or causes the death of a human being by the discharge of a firearm from or at an occupied motor vehicle proceeding on a public street or highway. (11) Any person who possesses a short-barreled rifle or a short-barreled shotgun under Section 33215, a machinegun under Section 32625, or a silencer under Section 33410. (12) Any person who is convicted of violating Section 8101 of the Welfare and Institutions Code. (13) Any person who is described in subdivision (b) or (c) of Section 27590. (f) When probation is granted in a case which comes within subdivision (e), the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition. (g) If a person is not eligible for probation, the judge shall refer the matter to the probation officer for an investigation of the facts relevant to determination of the amount of a restitution fine pursuant to subdivision (b) of Section 1202.4 in all cases where the determination is applicable. The judge, in his or her discretion, may direct the probation officer to investigate all facts relevant to the sentencing of the person. Upon that referral, the probation officer shall immediately investigate the circumstances surrounding the crime and the prior record and history of the person and make a written report to the court of his or her findings. The findings shall include a recommendation of the amount of the restitution fine as provided in subdivision (b) of Section 1202.4. (h) If a defendant is convicted of a felony and a probation report is prepared pursuant to subdivision (b) or (g), the probation officer may obtain and include in the report a statement of the comments of the victim concerning the offense. The court may direct the probation officer not to obtain a statement if the victim has in fact testified at any of the court proceedings concerning the offense. (i) A probationer shall not be released to enter another state unless his or her case has been referred to the Administrator of the Interstate Probation and Parole Compacts, pursuant to the Uniform Act for Out-of-State Probationer or Parolee Supervision (Article 3 (commencing with Section 11175) of Chapter 2 of Title 1 of Part 4) and the probationer has reimbursed the county that has jurisdiction over his or her probation case the reasonable costs of processing his or her request for interstate compact supervision. The amount and method of reimbursement shall be in accordance with Section 1203.1b. (j) In any court where a county financial evaluation officer is available, in addition to referring the matter to the probation officer, the court may order the defendant to appear before the county financial evaluation officer for a financial evaluation of the defendant’s ability to pay restitution, in which case the county financial evaluation officer shall report his or her findings regarding restitution and other court-related costs to the probation officer on the question of the defendant’s ability to pay those costs. Any order made pursuant to this subdivision may be enforced as a violation of the terms and conditions of probation upon willful failure to pay and at the discretion of the court, may be enforced in the same manner as a judgment in a civil action, if any balance remains unpaid at the end of the defendant’s probationary period. (k) Probation shall not be granted to, nor shall the execution of, or imposition of sentence be suspended for, any person who is convicted of a violent felony, as defined in subdivision (c) of Section 667.5, or a serious felony, as defined in subdivision (c) of Section 1192.7, and who was on probation for a felony offense at the time of the commission of the new felony offense.

Existing law provides that, if a person is convicted of a felony and is eligible for probation, the court is required to refer the matter to a probation officer to create a probation sentencing report containing specified information that may be considered either in aggravation or mitigation of the punishment before judgment is pronounced. Existing law requires the probation sentencing report to be provided to the court and to the parties at least 5 days, or upon request of the defendant or prosecuting attorney, 9 days, before the sentencing hearing unless the deadline is waived by the parties, as specified. Existing law provides that generally, a person seeking to continue a hearing in a criminal proceeding is required to file and serve a written notice to all parties at least 2 court days before the hearing that is to be continued. This bill would authorize a court to grant the defendant’s request for continuance when the probation department fails to provide the report by the 5-day or 9-day deadline only if the court finds good cause to grant the continuance.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1203 of the Penal Code is amended to read: 1203. (a) As used in this code, “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. As used in this code, “conditional sentence” means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer. It is the intent of the Legislature that both conditional sentence and probation are authorized whenever probation is authorized in any code as a sentencing option for infractions or misdemeanors. (b) (1) Except as provided in subdivision (j), if a person is convicted of a felony and is eligible for probation, before judgment is pronounced, the court shall immediately refer the matter to a probation officer to investigate and report to the court, at a specified time, upon the circumstances surrounding the crime and the prior history and record of the person, which may be considered either in aggravation or mitigation of the punishment. (2) (A) The probation officer shall immediately investigate and make a written report to the court of his or her findings and recommendations, including his or her recommendations as to the granting or denying of probation and the conditions of probation, if granted. (B) Pursuant to Section 828 of the Welfare and Institutions Code, the probation officer shall include in his or her report any information gathered by a law enforcement agency relating to the taking of the defendant into custody as a minor, which shall be considered for purposes of determining whether adjudications of commissions of crimes as a juvenile warrant a finding that there are circumstances in aggravation pursuant to Section 1170 or to deny probation. (C) If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation report recommends that registration be ordered at sentencing pursuant to Section 290.006, the probation officer’s report shall include the results of the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable. (D) The probation officer may also include in the report his or her recommendation of both of the following: (i) The amount the defendant should be required to pay as a restitution fine pursuant to subdivision (b) of Section 1202.4. (ii) Whether the court shall require, as a condition of probation, restitution to the victim or to the Restitution Fund and the amount thereof. (E) The report shall be made available to the court and the prosecuting and defense attorneys at least five days, or upon request of the defendant or prosecuting attorney nine days, prior to the time fixed by the court for the hearing and determination of the report, and shall be filed with the clerk of the court as a record in the case at the time of the hearing. The time within which the report shall be made available and filed may be waived by written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court. A request for a continuance of the hearing based on a failure to make the report available to the parties within the deadlines specified above may be granted by the court only upon a finding of good cause. (3) At a time fixed by the court, the court shall hear and determine the application, if one has been made, or, in any case, the suitability of probation in the particular case. At the hearing, the court shall consider any report of the probation officer, including the results of the SARATSO, if applicable, and shall make a statement that it has considered the report, which shall be filed with the clerk of the court as a record in the case. If the court determines that there are circumstances in mitigation of the punishment prescribed by law or that the ends of justice would be served by granting probation to the person, it may place the person on probation. If probation is denied, the clerk of the court shall immediately send a copy of the report to the Department of Corrections and Rehabilitation at the prison or other institution to which the person is delivered. (4) The preparation of the report or the consideration of the report by the court may be waived only by a written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court, except that a waiver shall not be allowed unless the court consents thereto. However, if the defendant is ultimately sentenced and committed to the state prison, a probation report shall be completed pursuant to Section 1203c. (c) If a defendant is not represented by an attorney, the court shall order the probation officer who makes the probation report to discuss its contents with the defendant. (d) If a person is convicted of a misdemeanor, the court may either refer the matter to the probation officer for an investigation and a report or summarily pronounce a conditional sentence. If the person was convicted of an offense that requires him or her to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation officer recommends that the court, at sentencing, order the offender to register as a sex offender pursuant to Section 290.006, the court shall refer the matter to the probation officer for the purpose of obtaining a report on the results of the State-Authorized Risk Assessment Tool for Sex Offenders administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable, which the court shall consider. If the case is not referred to the probation officer, in sentencing the person, the court may consider any information concerning the person that could have been included in a probation report. The court shall inform the person of the information to be considered and permit him or her to answer or controvert the information. For this purpose, upon the request of the person, the court shall grant a continuance before the judgment is pronounced. (e) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any of the following persons: (1) Unless the person had a lawful right to carry a deadly weapon, other than a firearm, at the time of the perpetration of the crime or his or her arrest, any person who has been convicted of arson, robbery, carjacking, burglary, burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, kidnapping, escape from the state prison, or a conspiracy to commit one or more of those crimes and who was armed with the weapon at either of those times. (2) Any person who used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the crime of which he or she has been convicted. (3) Any person who willfully inflicted great bodily injury or torture in the perpetration of the crime of which he or she has been convicted. (4) Any person who has been previously convicted twice in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony. (5) Unless the person has never been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, any person who has been convicted of burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, extortion, kidnapping, escape from the state prison, a violation of Section 286, 288, 288a, or 288.5, or a conspiracy to commit one or more of those crimes. (6) Any person who has been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, if he or she committed any of the following acts: (A) Unless the person had a lawful right to carry a deadly weapon at the time of the perpetration of the previous crime or his or her arrest for the previous crime, he or she was armed with a weapon at either of those times. (B) The person used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the previous crime. (C) The person willfully inflicted great bodily injury or torture in the perpetration of the previous crime. (7) Any public official or peace officer of this state or any city, county, or other political subdivision who, in the discharge of the duties of his or her public office or employment, accepted or gave or offered to accept or give any bribe, embezzled public money, or was guilty of extortion. (8) Any person who knowingly furnishes or gives away phencyclidine. (9) Any person who intentionally inflicted great bodily injury in the commission of arson under subdivision (a) of Section 451 or who intentionally set fire to, burned, or caused the burning of, an inhabited structure or inhabited property in violation of subdivision (b) of Section 451. (10) Any person who, in the commission of a felony, inflicts great bodily injury or causes the death of a human being by the discharge of a firearm from or at an occupied motor vehicle proceeding on a public street or highway. (11) Any person who possesses a short-barreled rifle or a short-barreled shotgun under Section 33215, a machinegun under Section 32625, or a silencer under Section 33410. (12) Any person who is convicted of violating Section 8101 of the Welfare and Institutions Code. (13) Any person who is described in subdivision (b) or (c) of Section 27590. (f) When probation is granted in a case which comes within subdivision (e), the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition. (g) If a person is not eligible for probation, the judge shall refer the matter to the probation officer for an investigation of the facts relevant to determination of the amount of a restitution fine pursuant to subdivision (b) of Section 1202.4 in all cases where the determination is applicable. The judge, in his or her discretion, may direct the probation officer to investigate all facts relevant to the sentencing of the person. Upon that referral, the probation officer shall immediately investigate the circumstances surrounding the crime and the prior record and history of the person and make a written report to the court of his or her findings. The findings shall include a recommendation of the amount of the restitution fine as provided in subdivision (b) of Section 1202.4. (h) If a defendant is convicted of a felony and a probation report is prepared pursuant to subdivision (b) or (g), the probation officer may obtain and include in the report a statement of the comments of the victim concerning the offense. The court may direct the probation officer not to obtain a statement if the victim has in fact testified at any of the court proceedings concerning the offense. (i) A probationer shall not be released to enter another state unless his or her case has been referred to the Administrator of the Interstate Probation and Parole Compacts, pursuant to the Uniform Act for Out-of-State Probationer or Parolee Supervision (Article 3 (commencing with Section 11175) of Chapter 2 of Title 1 of Part 4) and the probationer has reimbursed the county that has jurisdiction over his or her probation case the reasonable costs of processing his or her request for interstate compact supervision. The amount and method of reimbursement shall be in accordance with Section 1203.1b. (j) In any court where a county financial evaluation officer is available, in addition to referring the matter to the probation officer, the court may order the defendant to appear before the county financial evaluation officer for a financial evaluation of the defendant’s ability to pay restitution, in which case the county financial evaluation officer shall report his or her findings regarding restitution and other court-related costs to the probation officer on the question of the defendant’s ability to pay those costs. Any order made pursuant to this subdivision may be enforced as a violation of the terms and conditions of probation upon willful failure to pay and at the discretion of the court, may be enforced in the same manner as a judgment in a civil action, if any balance remains unpaid at the end of the defendant’s probationary period. (k) Probation shall not be granted to, nor shall the execution of, or imposition of sentence be suspended for, any person who is convicted of a violent felony, as defined in subdivision (c) of Section 667.5, or a serious felony, as defined in subdivision (c) of Section 1192.7, and who was on probation for a felony offense at the time of the commission of the new felony offense. ### 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) State agencies contain great amounts of valuable information and reports on all aspects of life for Californians, including, but not limited to, health, business, public safety, labor data, transportation, parks, and recreation. (b) New information technology has fundamentally changed the way people search for, and expect to find, information, and can aggregate large quantities of data to allow the state to provide information to the public with increasing efficiency and thoroughness. (c) The state can use these powerful information technology tools to enhance public access to public data, thus making the state more transparent and promoting public trust. (d) Ensuring the quality and consistency of public data is essential to maintaining its value and utility. (e) It is the intent of the Legislature by this act to establish an open data policy for state agencies to post public data directly onto a central online Internet Web site at data.ca.gov and provide a single-stop access to public data that is owned, controlled, collected, or maintained by state agencies. SEC. 2. Chapter 5.8 (commencing with Section 11549.30) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 5.8. The California Open Data Act Article 1. General Provisions 11549.30. This chapter shall be known and may be cited as the California Open Data Act. 11549.32. Unless the context requires otherwise, the following definitions shall apply to this chapter: (a) “Public data” means all data that is collected by a state agency in pursuit of that state agency’s responsibilities that is otherwise subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). (b) “State agency” has the same meaning as in Section 11000. (c) “Strategic enterprise application plan” means a comprehensive program developed by a state agency, articulating both principles and goals related to the application of its services and programs to the current and future needs of enterprise in the state. (d) “Strategic plan” means a state agency’s evaluation, over a period of up to five years, of its strategy and direction, including, but not limited to, a framework for decisionmaking with respect to resource allocation to achieve defined goals. Article 2. Chief Data Officer 11549.34. There is in state government the Chief Data Officer, who shall be appointed by, and serve at the pleasure of, the Governor. The Chief Data Officer shall report to the Secretary of Government Operations. 11549.36. (a) The Chief Data Officer shall create an inventory of all available public data in the state. (b) The Chief Data Officer shall establish an Internet Web portal at data.ca.gov to achieve the purposes of this chapter. Article 3. Open Data Standard 11549.38. (a) The Chief Data Officer shall establish the California Open Data Standard for state agencies to make public data available. A local government agency may adopt the standard. (b) In establishing the California Open Data Standard pursuant to subdivision (a), the Chief Data Officer shall consult with the subject matter experts from all state agencies, organizations specializing in technology and innovation, the academic community, and other interested groups designated by the Chief Data Officer. (c) The California Open Data Standard shall include, but not be limited to, all of the following: (1) A format that permits public notification of all updates whenever possible. (2) Requirements to update public data as often as is necessary to preserve the integrity and usefulness of public data to the extent that a state agency regularly maintains or updates public data. (3) Availability of public data without any registration or license requirement, or restrictions on the use of public data. Registration or license requirements, or restriction on the use of public data do not include measures designed or required to ensure access to public data, protect the Internet Web site housing public data from abuse or attempts to damage or impair the use of the Internet Web site, or analyze the types of public data being accessed to improve service delivery. (4) Ability of public data to be electronically searched using external information technology. 11549.40. The Chief Data Officer may establish policies, standards, and guidelines to implement the California Open Data Standard. 11549.42. On or before July 1, 2016, the Chief Data Officer shall create a Data Working Group composed of all the following: (a) A data coordinator from each agency listed in Section 12800 who shall be appointed by the secretary of the agency. (b) Two individuals with expertise in open data information technology, appointed by and who serve at the pleasure of, the Chief Data Officer. 11549.44. (a) (1) On or before March 1, 2016, the Chief Data Officer shall prepare and publish a technical standards manual for publishing public data through the Internet Web portal by state agencies for the purpose of making public data available to the greatest number of users and for the greatest number of applications and shall, whenever practicable, use open standards for Internet Web publishing in a machine-readable format. (2) The manual shall identify the policy for each technical standard and specify which types of data the standard applies to, and may recommend or require that public data be published in more than one technical standard. The manual shall include a plan to adopt or utilize an Internet Web application programming interface that permits application programs to request and receive public data directly from the Internet Web portal. The manual and related policies may be updated as necessary. (b) The Chief Data Officer shall consult with organizations specializing in technology and innovation, the state agencies listed in Section 12800, academic institutions, and voluntary consensus standards bodies. Whenever feasible, the Chief Data Officer shall consult with these types of entities in the development of technical and open standards. Article 4. Compliance 11549.46. (a) A state agency that releases public data shall do so in compliance with this chapter and on the Internet Web portal that is linked to data.ca.gov or any successor Internet Web site maintained by, or on behalf of, the state for the purposes of this chapter. If a state agency cannot make all public data available on the Internet Web portal, the state agency shall report to the Chief Data Officer all the public data it is unable to make available, state the reasons why it is unable to do so, and the date by which the state agency expects the public data to be made available on the Internet Web portal. (b) Public data shall be made available in accordance with technical standards established by the Chief Data Officer. (c) On or before July 1, 2016, each state agency shall submit a strategic plan and a strategic enterprise application plan consistent with this chapter to the Chief Data Officer and shall make the plans available to the public on the Internet Web portal at data.ca.gov. Each state agency shall collaborate with the Chief Data Officer in formulating its plans. The strategic plan shall include all of the following: (1) A summary description of public data under the control of the state agency on or after January 1, 2016. (2) A summary explanation of how its plans, budgets, capital expenditures, contracts, and other related documents and information for each information technology and telecommunications project it proposes to undertake can be utilized to support the California Open Data Standard and related savings and efficiencies. The strategic plan shall prioritize public data for inclusion on the Internet Web portal on or before January 1, 2017, in accordance with the standards established by the Chief Data Officer. For purposes of prioritizing public data, a state agency shall consider whether public data does any of the following: (i) Increases agency accountability and responsiveness. (ii) Improves public knowledge of the state agency and its operations. (iii) Furthers the mission of the state agency. (iv) Creates economic opportunity. (v) Responds to an online demand for the public data. (vi) Responds to a need or demand identified by public consultation. Article 5. Legal Policies 11549.48. (a) The Chief Data Officer shall post the legal policies for the California Open Data Standard on the Internet Web portal. (b) The Chief Data Officer may establish and maintain an online forum to solicit feedback from the public and to encourage discussion on the California Open Data Standard and public data available on the Internet Web portal. (c) Use of the public data provided pursuant to this chapter shall be subject to all of the following legal policies: (1) Public data available on the Internet Web portal are provided for informational purposes only. The state does not warrant the completeness, accuracy, content, or fitness for any particular purpose or use of any public data made available on the Internet Web portal, nor are any warranties to be implied or inferred with respect to the public data furnished pursuant to this chapter. (2) The state is not liable for any deficiencies in the completeness, accuracy, content, or fitness for any particular purpose or use of any public data or any third-party application utilizing a public data. (3) All public data shall be entirely in the public domain for purposes of applicable copyright laws. SECTION 1. It is the intent of the Legislature to enact legislation to strengthen the state’s commitment to an open and transparent government.

Existing law establishes the Department of Technology, within the Government Operations Agency, headed by the Director of Technology, who is also known as the State Chief Information Officer. The department is responsible for the approval and oversight of information technology projects in state government by, among other things, consulting with agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs and consider feasible alternatives to address the identified needs and benefits consistent with statewide strategies, policies, and procedures. This bill would enact the California Open Data Act and create the position of the Chief Data Officer, who would be appointed by, and serve at the pleasure of, the Governor, and report to the Secretary of Government Operations. This bill would require the Chief Data Officer to establish the California Open Data Standard, as specified, and require state agencies to make public data, as defined, available on an Internet Web portal pursuant to that standard. This bill would authorize a local government to adopt that standard. This bill would require the Chief Data Officer to create a Data Working Group, composed of data coordinators from specific state agencies and 2 individuals with expertise in open data information technology, who are appointed by and serve at the pleasure of, the Chief Data Officer. This bill would further require each state agency, on or before July 1, 2016, to submit a strategic plan and a strategic enterprise application plan, as specified, to the Chief Data Officer and to post the reports on the Internet Web portal. This bill would also require specified legal policies for public data to be posted on the Internet Web portal. This bill would make legislative findings and declarations relating to this act. Existing law requires, with specified exceptions, that all meetings of state and local government entities be open and public and that all persons be permitted to attend and participate. Existing law also requires that public records be open to inspection at all times during the office hours of a state or local government entity and that every person has a right to inspect any public record, except as specifically provided. This bill would state the intent of the Legislature to enact legislation to strengthen the state’s commitment to an open and transparent government.

<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) State agencies contain great amounts of valuable information and reports on all aspects of life for Californians, including, but not limited to, health, business, public safety, labor data, transportation, parks, and recreation. (b) New information technology has fundamentally changed the way people search for, and expect to find, information, and can aggregate large quantities of data to allow the state to provide information to the public with increasing efficiency and thoroughness. (c) The state can use these powerful information technology tools to enhance public access to public data, thus making the state more transparent and promoting public trust. (d) Ensuring the quality and consistency of public data is essential to maintaining its value and utility. (e) It is the intent of the Legislature by this act to establish an open data policy for state agencies to post public data directly onto a central online Internet Web site at data.ca.gov and provide a single-stop access to public data that is owned, controlled, collected, or maintained by state agencies. SEC. 2. Chapter 5.8 (commencing with Section 11549.30) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 5.8. The California Open Data Act Article 1. General Provisions 11549.30. This chapter shall be known and may be cited as the California Open Data Act. 11549.32. Unless the context requires otherwise, the following definitions shall apply to this chapter: (a) “Public data” means all data that is collected by a state agency in pursuit of that state agency’s responsibilities that is otherwise subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). (b) “State agency” has the same meaning as in Section 11000. (c) “Strategic enterprise application plan” means a comprehensive program developed by a state agency, articulating both principles and goals related to the application of its services and programs to the current and future needs of enterprise in the state. (d) “Strategic plan” means a state agency’s evaluation, over a period of up to five years, of its strategy and direction, including, but not limited to, a framework for decisionmaking with respect to resource allocation to achieve defined goals. Article 2. Chief Data Officer 11549.34. There is in state government the Chief Data Officer, who shall be appointed by, and serve at the pleasure of, the Governor. The Chief Data Officer shall report to the Secretary of Government Operations. 11549.36. (a) The Chief Data Officer shall create an inventory of all available public data in the state. (b) The Chief Data Officer shall establish an Internet Web portal at data.ca.gov to achieve the purposes of this chapter. Article 3. Open Data Standard 11549.38. (a) The Chief Data Officer shall establish the California Open Data Standard for state agencies to make public data available. A local government agency may adopt the standard. (b) In establishing the California Open Data Standard pursuant to subdivision (a), the Chief Data Officer shall consult with the subject matter experts from all state agencies, organizations specializing in technology and innovation, the academic community, and other interested groups designated by the Chief Data Officer. (c) The California Open Data Standard shall include, but not be limited to, all of the following: (1) A format that permits public notification of all updates whenever possible. (2) Requirements to update public data as often as is necessary to preserve the integrity and usefulness of public data to the extent that a state agency regularly maintains or updates public data. (3) Availability of public data without any registration or license requirement, or restrictions on the use of public data. Registration or license requirements, or restriction on the use of public data do not include measures designed or required to ensure access to public data, protect the Internet Web site housing public data from abuse or attempts to damage or impair the use of the Internet Web site, or analyze the types of public data being accessed to improve service delivery. (4) Ability of public data to be electronically searched using external information technology. 11549.40. The Chief Data Officer may establish policies, standards, and guidelines to implement the California Open Data Standard. 11549.42. On or before July 1, 2016, the Chief Data Officer shall create a Data Working Group composed of all the following: (a) A data coordinator from each agency listed in Section 12800 who shall be appointed by the secretary of the agency. (b) Two individuals with expertise in open data information technology, appointed by and who serve at the pleasure of, the Chief Data Officer. 11549.44. (a) (1) On or before March 1, 2016, the Chief Data Officer shall prepare and publish a technical standards manual for publishing public data through the Internet Web portal by state agencies for the purpose of making public data available to the greatest number of users and for the greatest number of applications and shall, whenever practicable, use open standards for Internet Web publishing in a machine-readable format. (2) The manual shall identify the policy for each technical standard and specify which types of data the standard applies to, and may recommend or require that public data be published in more than one technical standard. The manual shall include a plan to adopt or utilize an Internet Web application programming interface that permits application programs to request and receive public data directly from the Internet Web portal. The manual and related policies may be updated as necessary. (b) The Chief Data Officer shall consult with organizations specializing in technology and innovation, the state agencies listed in Section 12800, academic institutions, and voluntary consensus standards bodies. Whenever feasible, the Chief Data Officer shall consult with these types of entities in the development of technical and open standards. Article 4. Compliance 11549.46. (a) A state agency that releases public data shall do so in compliance with this chapter and on the Internet Web portal that is linked to data.ca.gov or any successor Internet Web site maintained by, or on behalf of, the state for the purposes of this chapter. If a state agency cannot make all public data available on the Internet Web portal, the state agency shall report to the Chief Data Officer all the public data it is unable to make available, state the reasons why it is unable to do so, and the date by which the state agency expects the public data to be made available on the Internet Web portal. (b) Public data shall be made available in accordance with technical standards established by the Chief Data Officer. (c) On or before July 1, 2016, each state agency shall submit a strategic plan and a strategic enterprise application plan consistent with this chapter to the Chief Data Officer and shall make the plans available to the public on the Internet Web portal at data.ca.gov. Each state agency shall collaborate with the Chief Data Officer in formulating its plans. The strategic plan shall include all of the following: (1) A summary description of public data under the control of the state agency on or after January 1, 2016. (2) A summary explanation of how its plans, budgets, capital expenditures, contracts, and other related documents and information for each information technology and telecommunications project it proposes to undertake can be utilized to support the California Open Data Standard and related savings and efficiencies. The strategic plan shall prioritize public data for inclusion on the Internet Web portal on or before January 1, 2017, in accordance with the standards established by the Chief Data Officer. For purposes of prioritizing public data, a state agency shall consider whether public data does any of the following: (i) Increases agency accountability and responsiveness. (ii) Improves public knowledge of the state agency and its operations. (iii) Furthers the mission of the state agency. (iv) Creates economic opportunity. (v) Responds to an online demand for the public data. (vi) Responds to a need or demand identified by public consultation. Article 5. Legal Policies 11549.48. (a) The Chief Data Officer shall post the legal policies for the California Open Data Standard on the Internet Web portal. (b) The Chief Data Officer may establish and maintain an online forum to solicit feedback from the public and to encourage discussion on the California Open Data Standard and public data available on the Internet Web portal. (c) Use of the public data provided pursuant to this chapter shall be subject to all of the following legal policies: (1) Public data available on the Internet Web portal are provided for informational purposes only. The state does not warrant the completeness, accuracy, content, or fitness for any particular purpose or use of any public data made available on the Internet Web portal, nor are any warranties to be implied or inferred with respect to the public data furnished pursuant to this chapter. (2) The state is not liable for any deficiencies in the completeness, accuracy, content, or fitness for any particular purpose or use of any public data or any third-party application utilizing a public data. (3) All public data shall be entirely in the public domain for purposes of applicable copyright laws. SECTION 1. It is the intent of the Legislature to enact legislation to strengthen the state’s commitment to an open and transparent government. ### Summary: This bill would enact the California Open Data Act, which would establish a Chief Data Officer in the state government, with the responsibility of creating an inventory of all available

The people of the State of California do enact as follows: SECTION 1. Section 22513 of the Vehicle Code is amended to read: 22513. (a) (1) It is a misdemeanor for a towing company or the owner or operator of a tow truck to stop or cause a person to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, or to accrue charges for services furnished under those circumstances, unless requested to perform that service by a law enforcement officer or public agency pursuant to that agency’s procedures, or unless summoned to the scene or requested to stop by the owner or operator of a disabled vehicle. (2) (A) A towing company or the owner or operator of a tow truck summoned to the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing prior to arriving at the scene: (i) The first and last name and working telephone number of the person who summoned it to the scene. (ii) The make, model, year, and license plate number of the disabled vehicle. (iii) The date and time it was summoned to the scene. (iv) The name of the person who obtained the information in clauses (i), (ii), and (iii). (B) A towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle is exempt from the requirements of subparagraph (A), provided it possesses all of the following information in writing prior to arriving at the scene: (i) The business name of the motor club. (ii) The identification number the motor club assigns to the referral. (iii) The date and time it was summoned to the scene by the motor club. (3) A towing company or the owner or operator of a tow truck requested to stop at the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing upon arriving at the scene: (A) The first and last name and working telephone number of the person who requested the stop. (B) The make, model, and license plate number, if one is displayed, of the disabled vehicle. (C) The date and time it was requested to stop. (D) The name of the person who obtained the information in subparagraphs (A), (B), and (C). (4) A towing company or the owner or operator of a tow truck summoned or requested by a law enforcement officer or public agency pursuant to that agency’s procedures to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, or that is expressly authorized to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, shall possess all of the following in writing before leaving the scene: (A) The identity of the law enforcement agency or public agency. (B) The log number, call number, incident number, or dispatch number assigned to the incident by law enforcement or the public agency, or the surname and badge number of the law enforcement officer, or the surname and employee identification number of the public agency employee. (C) The date and time of the summons, request, or express authorization. (5) For purposes of this section, “writing” includes electronic records. (b) The towing company or the owner or operator of a tow truck shall make the written information described in subdivision (a) available to law enforcement, upon request, from the time it appears at the scene until the time the vehicle is towed and released to a third party, and shall maintain that information for three years. The towing company or owner or operator of a tow truck shall make that information available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. (c) (1) Prior to attaching a vehicle to the tow truck, if the vehicle owner or operator is present at the time and location of the anticipated tow, the towing company or the owner or operator of the tow truck shall furnish the vehicle’s owner or operator with a written itemized estimate of all charges and services to be performed. The estimate shall include all of the following: (A) The name, address, telephone number, and motor carrier permit number of the towing company. (B) The license plate number of the tow truck performing the tow. (C) The first and last name of the towing operator, and if different than the towing operator, the first and last name of the person from the towing company furnishing the estimate. (D) A description and cost for all services, including, but not limited to, charges for labor, special equipment, mileage from dispatch to return, and storage fees, expressed as a 24-hour rate. (2) The tow truck operator shall obtain the vehicle owner or operator’s signature on the itemized estimate and shall furnish a copy to the person who signed the estimate. (3) The requirements in paragraph (1) may be completed after the vehicle is attached and removed to the nearest safe shoulder or street if done at the request of law enforcement or a public agency, provided the estimate is furnished prior to the removal of the vehicle from the nearest safe shoulder or street. (4) The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make them available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. (5) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle. (6) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by law enforcement or a public agency pursuant to that agency’s procedures, and operating at the scene pursuant to a contract with that law enforcement agency or public agency. (d) (1) Except as provided in paragraph (2), a towing company or the owner or operator of a tow truck shall not charge a fee for towing or storage, or both, of a vehicle in excess of the greater of the following: (A) The fee that would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law enforcement agency that exercises primary jurisdiction in the city in which the vehicle was, or was attempted to be, removed, or if not located within a city, the law enforcement agency that exercises primary jurisdiction in the county in which the vehicle was, or was attempted to be, removed. (B) The fee that would have been charged for that towing or storage, or both, under the rate approved for that towing operatorn 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. (e) A person who willfully violates subdivision (b), (c), or (d) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment. (f) This section shall not apply to the following: (1) A vehicle owned or operated by, or under contract to, a motor club, as defined by Section 12142 of the Insurance Code, which stops to provide services for which compensation is neither requested nor received, provided that those services may not include towing other than that which may be necessary to remove the vehicle to the nearest safe shoulder. The owner or operator of that vehicle may contact a law enforcement agency or other public agency on behalf of a motorist, but may not refer a motorist to a tow truck owner or operator, unless the motorist is a member of the motor club, the motorist is referred to a tow truck owner or operator under contract to the motor club, and, if there is a dispatch facility that services the area and is owned or operated by the motor club, the referral is made through that dispatch facility. (2) A tow truck operator employed by a law enforcement agency or other public agency. (3) A tow truck owner or operator acting under contract with a law enforcement or other public agency to abate abandoned vehicles, or to provide towing service or emergency road service to motorists while involved in freeway service patrol operations, to the extent authorized by law. SEC. 2. Section 22513.1 is added to the Vehicle Code, to read: 22513.1. (a) A business taking possession of a vehicle from a tow truck shall document the name, address, and telephone number of the towing company, the name and driver’s license number of the tow truck operator, the make, model, and license plate or Vehicle Identification Number, and the date and time that possession was taken of the vehicle. If the vehicle was dropped off after hours, the business shall obtain the information from the towing company the next day. (b) The information required in this section shall be maintained for three years and shall be available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office. (c) A person who willfully violates this section is guilty of a misdemeanor, and is punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

(1) Existing law makes it a misdemeanor for the owner or operator of a tow truck to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, or to furnish any towing services, unless summoned to the scene, requested to stop, or flagged down by the owner or operator of a disabled vehicle, or requested to perform the service by a law enforcement officer or public agency pursuant to that agency’s procedures. This bill would, subject to exceptions, apply those provisions to a towing company. The bill would also require, in addition to being summoned to the scene or requested to stop by the owner or operator of a disabled vehicle, that the towing company or the owner or operator of the tow truck possess specified information in writing prior to arriving at the scene, or obtain specified information prior to leaving the scene, and would require that information to be made available to law enforcement, upon request, from the time the tow truck appears at the scene until the time the vehicle is towed and released to a third party. The bill would provide that a writing for this purpose includes an electronic record. (2) Existing law also makes it a misdemeanor for the owner or operator of a tow truck to move any vehicle from a highway, street, or public property without the express authorization of the owner or operator of the vehicle or a law enforcement officer or public agency pursuant to that agency’s procedures, when the vehicle has been left unattended or when there is an injury as the result of an accident. This bill would recast, and subject to exceptions, apply those provisions to a towing company. The bill would delete the requirement for the express authorization of the owner or operator of the vehicle. The bill would require the towing company or the owner or operator of the tow truck to obtain specified information and to make that information available to law enforcement, upon request, from the time the vehicle is attached to or loaded on to the tow truck until the time the vehicle is towed and released to a third party. The bill would, subject to exceptions, and if the vehicle owner or operator is present, also require the towing company or the owner or operator of the tow truck to furnish the vehicle’s owner or operator with a written itemized estimate of all charges and services to be performed. Prior to removing the vehicle, the towing company or the owner or operator of the tow truck would be required to obtain the vehicle owner or operator’s signature on the itemized estimate, and to furnish a copy to the person who signed the estimate, as specified. The bill would require a towing company or the owner or operator of a tow truck to maintain specified documents for 3 years and to make those documents available for inspection and copying within 48 hours of a written request by specified law enforcement and prosecutorial entities. The bill would also require a business taking possession of a vehicle from a tow truck to document specified information, to maintain those documents for 3 years, and to make those documents available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office. The bill would provide, except for those provisions described in paragraph (1) above, that a willful violation of these requirements is a misdemeanor punishable by a fine not exceeding $2,500, or imprisonment in a county jail not exceeding 3 months, or both imprisonment and that fine. By creating new crimes, 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 22513 of the Vehicle Code is amended to read: 22513. (a) (1) It is a misdemeanor for a towing company or the owner or operator of a tow truck to stop or cause a person to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, or to accrue charges for services furnished under those circumstances, unless requested to perform that service by a law enforcement officer or public agency pursuant to that agency’s procedures, or unless summoned to the scene or requested to stop by the owner or operator of a disabled vehicle. (2) (A) A towing company or the owner or operator of a tow truck summoned to the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing prior to arriving at the scene: (i) The first and last name and working telephone number of the person who summoned it to the scene. (ii) The make, model, year, and license plate number of the disabled vehicle. (iii) The date and time it was summoned to the scene. (iv) The name of the person who obtained the information in clauses (i), (ii), and (iii). (B) A towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle is exempt from the requirements of subparagraph (A), provided it possesses all of the following information in writing prior to arriving at the scene: (i) The business name of the motor club. (ii) The identification number the motor club assigns to the referral. (iii) The date and time it was summoned to the scene by the motor club. (3) A towing company or the owner or operator of a tow truck requested to stop at the scene by the owner or operator of a disabled vehicle shall possess all of the following information in writing upon arriving at the scene: (A) The first and last name and working telephone number of the person who requested the stop. (B) The make, model, and license plate number, if one is displayed, of the disabled vehicle. (C) The date and time it was requested to stop. (D) The name of the person who obtained the information in subparagraphs (A), (B), and (C). (4) A towing company or the owner or operator of a tow truck summoned or requested by a law enforcement officer or public agency pursuant to that agency’s procedures to stop at the scene of an accident or near a disabled vehicle for the purpose of soliciting an engagement for towing services, either directly or indirectly, to furnish towing services, or that is expressly authorized to move a vehicle from a highway, street, or public property when the vehicle has been left unattended or when there is an injury as the result of an accident, shall possess all of the following in writing before leaving the scene: (A) The identity of the law enforcement agency or public agency. (B) The log number, call number, incident number, or dispatch number assigned to the incident by law enforcement or the public agency, or the surname and badge number of the law enforcement officer, or the surname and employee identification number of the public agency employee. (C) The date and time of the summons, request, or express authorization. (5) For purposes of this section, “writing” includes electronic records. (b) The towing company or the owner or operator of a tow truck shall make the written information described in subdivision (a) available to law enforcement, upon request, from the time it appears at the scene until the time the vehicle is towed and released to a third party, and shall maintain that information for three years. The towing company or owner or operator of a tow truck shall make that information available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. (c) (1) Prior to attaching a vehicle to the tow truck, if the vehicle owner or operator is present at the time and location of the anticipated tow, the towing company or the owner or operator of the tow truck shall furnish the vehicle’s owner or operator with a written itemized estimate of all charges and services to be performed. The estimate shall include all of the following: (A) The name, address, telephone number, and motor carrier permit number of the towing company. (B) The license plate number of the tow truck performing the tow. (C) The first and last name of the towing operator, and if different than the towing operator, the first and last name of the person from the towing company furnishing the estimate. (D) A description and cost for all services, including, but not limited to, charges for labor, special equipment, mileage from dispatch to return, and storage fees, expressed as a 24-hour rate. (2) The tow truck operator shall obtain the vehicle owner or operator’s signature on the itemized estimate and shall furnish a copy to the person who signed the estimate. (3) The requirements in paragraph (1) may be completed after the vehicle is attached and removed to the nearest safe shoulder or street if done at the request of law enforcement or a public agency, provided the estimate is furnished prior to the removal of the vehicle from the nearest safe shoulder or street. (4) The towing company or the owner or operator of a tow truck shall maintain the written documents described in this subdivision for three years, and shall make them available for inspection and copying within 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. (5) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by a motor club, as defined by Section 12142 of the Insurance Code, pursuant to the request of the owner or operator of a disabled vehicle. (6) This subdivision does not apply to a towing company or the owner or operator of a tow truck summoned to the scene by law enforcement or a public agency pursuant to that agency’s procedures, and operating at the scene pursuant to a contract with that law enforcement agency or public agency. (d) (1) Except as provided in paragraph (2), a towing company or the owner or operator of a tow truck shall not charge a fee for towing or storage, or both, of a vehicle in excess of the greater of the following: (A) The fee that would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company and the law enforcement agency that exercises primary jurisdiction in the city in which the vehicle was, or was attempted to be, removed, or if not located within a city, the law enforcement agency that exercises primary jurisdiction in the county in which the vehicle was, or was attempted to be, removed. (B) The fee that would have been charged for that towing or storage, or both, under the rate approved for that towing operatorn 48 hours of a written request from any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, a district attorney’s office, or a city attorney’s office. (e) A person who willfully violates subdivision (b), (c), or (d) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment. (f) This section shall not apply to the following: (1) A vehicle owned or operated by, or under contract to, a motor club, as defined by Section 12142 of the Insurance Code, which stops to provide services for which compensation is neither requested nor received, provided that those services may not include towing other than that which may be necessary to remove the vehicle to the nearest safe shoulder. The owner or operator of that vehicle may contact a law enforcement agency or other public agency on behalf of a motorist, but may not refer a motorist to a tow truck owner or operator, unless the motorist is a member of the motor club, the motorist is referred to a tow truck owner or operator under contract to the motor club, and, if there is a dispatch facility that services the area and is owned or operated by the motor club, the referral is made through that dispatch facility. (2) A tow truck operator employed by a law enforcement agency or other public agency. (3) A tow truck owner or operator acting under contract with a law enforcement or other public agency to abate abandoned vehicles, or to provide towing service or emergency road service to motorists while involved in freeway service patrol operations, to the extent authorized by law. SEC. 2. Section 22513.1 is added to the Vehicle Code, to read: 22513.1. (a) A business taking possession of a vehicle from a tow truck shall document the name, address, and telephone number of the towing company, the name and driver’s license number of the tow truck operator, the make, model, and license plate or Vehicle Identification Number, and the date and time that possession was taken of the vehicle. If the vehicle was dropped off after hours, the business shall obtain the information from the towing company the next day. (b) The information required in this section shall be maintained for three years and shall be available for inspection and copying within 48 hours of a written request by any officer or agent of a police department, sheriff’s department, the Department of the California Highway Patrol, the Attorney General’s office, the Bureau of Automotive Repair, a district attorney’s office, or a city attorney’s office. (c) A person who willfully violates this section is guilty of a misdemeanor, and is punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment. 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 52060 of the Education Code is amended to read: 52060. (a) On or before July 1, 2014, the governing board of each school district shall adopt a local control and accountability plan using a template adopted by the state board. (b) A local control and accountability plan adopted by the governing board of a school district shall be effective for a period of three years, and shall be updated on or before July 1 of each year. (c) A local control and accountability plan adopted by the governing board of a school district shall include, for the school district and each school within the school district, both of the following: (1) A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subdivision (d) and for any additional local priorities identified by the governing board of the school district. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in paragraphs (2) and (3) of subdivision (a) of Section 52052. (2) A description of the specific actions the school district will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including the enumeration of any specific actions necessary for that year to correct any deficiencies in regard to the state priorities listed in paragraph (1) of subdivision (d). The specific actions shall not supersede the provisions of existing local collective bargaining agreements within the jurisdiction of the school district. (d) All of the following are state priorities: (1) The degree to which the teachers of the school district are appropriately assigned in accordance with Section 44258.9, and fully credentialed in the subject areas, and, for the pupils they are teaching, every pupil in the school district has sufficient access to the standards-aligned instructional materials as determined pursuant to Section 60119, and school facilities are maintained in good repair, as defined in subdivision (d) of Section 17002. (2) Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4, for purposes of gaining academic content knowledge and English language proficiency. (3) The degree to which the certificated instructional personnel of the school district are offered opportunity opportunities for professional development and growth in effectiveness, including, but not necessarily limited to, the requirement to confer with a certificated employee making specific recommendations as to areas of improvement in the employee’s performance and endeavor to assist the employee in his or her performance, pursuant to Section 44664. growth. (4) Parental involvement, including efforts the school district makes to seek parent input in making decisions for the school district and each individual schoolsite, and including how the school district will promote parental participation in programs for unduplicated pupils and individuals with exceptional needs. (5) Pupil achievement, as measured by all of the following, as applicable: (A) Statewide assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or any subsequent assessment, as certified by the state board. (B) The Academic Performance Index, as described in Section 52052. (C) The percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University, or career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692. (D) The percentage of English learner pupils who make progress toward English proficiency as measured by the California English Language Development Test or any subsequent assessment of English proficiency, as certified by the state board. (E) The English learner reclassification rate. (F) The percentage of pupils who have passed an advanced placement examination with a score of 3 or higher. (G) The percentage of pupils who participate in, and demonstrate college preparedness pursuant to, the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness. (6) Pupil engagement, as measured by all of the following, as applicable: (A) School attendance rates. (B) Chronic absenteeism rates. (C) Middle school dropout rates, as described in paragraph (3) of subdivision (a) of Section 52052.1. (D) High school dropout rates. (E) High school graduation rates. (7) School climate, as measured by all of the following, as applicable: (A) Pupil suspension rates. (B) Pupil expulsion rates. (C) Other local measures, including surveys of pupils, parents, and teachers on the sense of safety and school connectedness. (8) The extent to which pupils have access to, and are enrolled in, a broad course of study that includes all of the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable, including the programs and services developed and provided to unduplicated pupils and individuals with exceptional needs, and the programs and services that are provided to benefit these pupils as a result of the funding received pursuant to Section 42238.02, as implemented by Section 42238.03. (9) Pupil outcomes, if available, in the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable. (e) For purposes of the descriptions required by subdivision (c), the governing board of a school district may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subparagraph (J) of paragraph (4) of subdivision (a) of Section 52052 or any other reviews. (f) To the extent practicable, data reported in a local control and accountability plan shall be reported in a manner consistent with how information is reported on a school accountability report card. (g) The governing board of a school district shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the school district, parents, and pupils in developing a local control and accountability plan. (h) A school district may identify local priorities, goals in regard to the local priorities, and the method for measuring the school district’s progress toward achieving those goals. 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 requires the governing board of each school district to adopt a local control and accountability plan and requires the governing board of a school district to update its local control and accountability plan before July 1 of each year. Existing law requires a local control and accountability plan to include, among other things, a description of the annual goals to be achieved for each state priority, as specified, for all pupils and certain subgroups of pupils. This bill would add to the enumerated state priorities the degree to which the certificated instructional personnel of the school district are offered opportunity opportunities for professional development and growth in effectiveness, as specified. growth. By requiring the governing board of each school district to include additional information in the local control and accountability plan, 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 52060 of the Education Code is amended to read: 52060. (a) On or before July 1, 2014, the governing board of each school district shall adopt a local control and accountability plan using a template adopted by the state board. (b) A local control and accountability plan adopted by the governing board of a school district shall be effective for a period of three years, and shall be updated on or before July 1 of each year. (c) A local control and accountability plan adopted by the governing board of a school district shall include, for the school district and each school within the school district, both of the following: (1) A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subdivision (d) and for any additional local priorities identified by the governing board of the school district. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in paragraphs (2) and (3) of subdivision (a) of Section 52052. (2) A description of the specific actions the school district will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including the enumeration of any specific actions necessary for that year to correct any deficiencies in regard to the state priorities listed in paragraph (1) of subdivision (d). The specific actions shall not supersede the provisions of existing local collective bargaining agreements within the jurisdiction of the school district. (d) All of the following are state priorities: (1) The degree to which the teachers of the school district are appropriately assigned in accordance with Section 44258.9, and fully credentialed in the subject areas, and, for the pupils they are teaching, every pupil in the school district has sufficient access to the standards-aligned instructional materials as determined pursuant to Section 60119, and school facilities are maintained in good repair, as defined in subdivision (d) of Section 17002. (2) Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4, for purposes of gaining academic content knowledge and English language proficiency. (3) The degree to which the certificated instructional personnel of the school district are offered opportunity opportunities for professional development and growth in effectiveness, including, but not necessarily limited to, the requirement to confer with a certificated employee making specific recommendations as to areas of improvement in the employee’s performance and endeavor to assist the employee in his or her performance, pursuant to Section 44664. growth. (4) Parental involvement, including efforts the school district makes to seek parent input in making decisions for the school district and each individual schoolsite, and including how the school district will promote parental participation in programs for unduplicated pupils and individuals with exceptional needs. (5) Pupil achievement, as measured by all of the following, as applicable: (A) Statewide assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or any subsequent assessment, as certified by the state board. (B) The Academic Performance Index, as described in Section 52052. (C) The percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University, or career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692. (D) The percentage of English learner pupils who make progress toward English proficiency as measured by the California English Language Development Test or any subsequent assessment of English proficiency, as certified by the state board. (E) The English learner reclassification rate. (F) The percentage of pupils who have passed an advanced placement examination with a score of 3 or higher. (G) The percentage of pupils who participate in, and demonstrate college preparedness pursuant to, the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness. (6) Pupil engagement, as measured by all of the following, as applicable: (A) School attendance rates. (B) Chronic absenteeism rates. (C) Middle school dropout rates, as described in paragraph (3) of subdivision (a) of Section 52052.1. (D) High school dropout rates. (E) High school graduation rates. (7) School climate, as measured by all of the following, as applicable: (A) Pupil suspension rates. (B) Pupil expulsion rates. (C) Other local measures, including surveys of pupils, parents, and teachers on the sense of safety and school connectedness. (8) The extent to which pupils have access to, and are enrolled in, a broad course of study that includes all of the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable, including the programs and services developed and provided to unduplicated pupils and individuals with exceptional needs, and the programs and services that are provided to benefit these pupils as a result of the funding received pursuant to Section 42238.02, as implemented by Section 42238.03. (9) Pupil outcomes, if available, in the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable. (e) For purposes of the descriptions required by subdivision (c), the governing board of a school district may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subparagraph (J) of paragraph (4) of subdivision (a) of Section 52052 or any other reviews. (f) To the extent practicable, data reported in a local control and accountability plan shall be reported in a manner consistent with how information is reported on a school accountability report card. (g) The governing board of a school district shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the school district, parents, and pupils in developing a local control and accountability plan. (h) A school district may identify local priorities, goals in regard to the local priorities, and the method for measuring the school district’s progress toward achieving those goals. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 13515.30 of the Penal Code is amended to read: 13515.30. (a) By July 1, 2015, the Commission on Peace Officer Standards and Training shall establish and keep updated a continuing education training course relating to law enforcement interaction with mentally disabled and developmentally disabled persons living within a state mental hospital or state developmental center. The training course shall be developed by the commission in consultation with appropriate community, local, and state organizations and agencies that have expertise in the area of mental illness and developmental disability, and with appropriate consumer and family advocate groups. In developing the course, the commission shall also examine existing courses certified by the commission that relate to mentally disabled and developmentally disabled persons. The commission shall make the course available to all law enforcement agencies in California, and the course shall be required for law enforcement personnel serving in law enforcement agencies with jurisdiction over state mental hospitals and state developmental centers, as part of the agency’s officer training program. (b) The course described in subdivision (a) may consist of video-based or classroom instruction. The course shall include, at a minimum, core instruction in all of the following: (1) The prevalence, cause, and nature of mental illnesses and developmental disabilities. (2) The unique characteristics, barriers, and challenges of individuals who may be a victim of abuse or exploitation living within a state mental hospital or state developmental center. (3) How to accommodate, interview, and converse with individuals who may require assistive devices in order to express themselves. (4) Capacity and consent of individuals with cognitive and intellectual barriers. (5) Conflict resolution and deescalation techniques for potentially dangerous situations involving mentally disabled or developmentally disabled persons. (6) Appropriate language usage when interacting with mentally disabled or developmentally disabled persons. (7) Community and state resources and advocacy support and services available to serve mentally disabled or developmentally disabled persons, and how these resources can be best utilized by law enforcement to benefit the mentally disabled or developmentally disabled community. (8) The fact that a crime committed in whole or in part because of an actual or perceived disability of the victim is a hate crime punishable under Title 11.6 (commencing with Section 422.55) of Part 1. (9) Information on the state mental hospital system and the state developmental center system. (10) Techniques in conducting forensic investigations within institutional settings where jurisdiction may be shared. (11) Examples of abuse and exploitation perpetrated by caregivers, staff, contractors, or administrators of state mental hospitals and state developmental centers, and how to conduct investigations in instances where a perpetrator may also be a caregiver or provider of therapeutic or other services. (c) The commission shall, in collaboration with relevant stakeholders, study and submit a report to the Legislature, on or before December 31, 2017, that assesses the status of the course described in subdivision (a), assesses whether the course covers all appropriate topics, and identifies areas where additional training may be needed. SEC. 2. Section 13519.2 of the Penal Code is amended to read: 13519.2. (a) The commission shall, on or before July 1, 1990, include in the basic training course for law enforcement officers, adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Officers who complete the basic training prior to July 1, 1990, shall participate in supplementary training on this topic. This supplementary training shall be completed on or before July 1, 1992. Further training courses to update this instruction shall be established, as deemed necessary by the commission. (b) The course of instruction relating to the handling of developmentally disabled or mentally ill persons shall be developed by the commission in consultation with appropriate groups and individuals having an interest and expertise in this area. In addition to providing instruction on the handling of these persons, the course shall also include information on the cause and nature of developmental disabilities and mental illness, as well as the community resources available to serve these persons. (c) The commission shall, in collaboration with relevant stakeholders, study and submit a report to the Legislature, on or before December 31, 2017, that assesses the status of the course described in subdivision (a), assesses whether the course covers all appropriate topics, and identifies areas where additional training may be needed. SECTION 1. It is the intent of the Legislature to enact legislation to increase the continuing mental health training standards for California peace officers.

Existing law requires the Commission on Peace Officer Standards and Training to establish and keep updated a continuing education classroom training course for peace officer interactions with persons with mental illnesses or developmental disabilities. Under existing law, this course consists of classroom instruction and utilizes interactive training methods to ensure that training is as realistic as possible. Under existing law, this course includes training in identifying indicators of mental disability, conflict resolution techniques, and alternatives to lethal force. Existing law also requires the commission to develop, in consultation with specified entities, adequate instruction in the handling of persons with developmental disabilities or mental illnesses for inclusion in the basic training course for law enforcement officers. This bill would require the commission, in collaboration with relevant stakeholders, to study and submit a report to the Legislature, on or before December 31, 2017, that assesses the statuses of the training courses described above, assesses whether the courses cover all appropriate topics, and identifies areas where additional training may be needed. This bill would declare the intent of the Legislature to enact legislation to increase the continuing mental health training standards for California peace officers.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 13515.30 of the Penal Code is amended to read: 13515.30. (a) By July 1, 2015, the Commission on Peace Officer Standards and Training shall establish and keep updated a continuing education training course relating to law enforcement interaction with mentally disabled and developmentally disabled persons living within a state mental hospital or state developmental center. The training course shall be developed by the commission in consultation with appropriate community, local, and state organizations and agencies that have expertise in the area of mental illness and developmental disability, and with appropriate consumer and family advocate groups. In developing the course, the commission shall also examine existing courses certified by the commission that relate to mentally disabled and developmentally disabled persons. The commission shall make the course available to all law enforcement agencies in California, and the course shall be required for law enforcement personnel serving in law enforcement agencies with jurisdiction over state mental hospitals and state developmental centers, as part of the agency’s officer training program. (b) The course described in subdivision (a) may consist of video-based or classroom instruction. The course shall include, at a minimum, core instruction in all of the following: (1) The prevalence, cause, and nature of mental illnesses and developmental disabilities. (2) The unique characteristics, barriers, and challenges of individuals who may be a victim of abuse or exploitation living within a state mental hospital or state developmental center. (3) How to accommodate, interview, and converse with individuals who may require assistive devices in order to express themselves. (4) Capacity and consent of individuals with cognitive and intellectual barriers. (5) Conflict resolution and deescalation techniques for potentially dangerous situations involving mentally disabled or developmentally disabled persons. (6) Appropriate language usage when interacting with mentally disabled or developmentally disabled persons. (7) Community and state resources and advocacy support and services available to serve mentally disabled or developmentally disabled persons, and how these resources can be best utilized by law enforcement to benefit the mentally disabled or developmentally disabled community. (8) The fact that a crime committed in whole or in part because of an actual or perceived disability of the victim is a hate crime punishable under Title 11.6 (commencing with Section 422.55) of Part 1. (9) Information on the state mental hospital system and the state developmental center system. (10) Techniques in conducting forensic investigations within institutional settings where jurisdiction may be shared. (11) Examples of abuse and exploitation perpetrated by caregivers, staff, contractors, or administrators of state mental hospitals and state developmental centers, and how to conduct investigations in instances where a perpetrator may also be a caregiver or provider of therapeutic or other services. (c) The commission shall, in collaboration with relevant stakeholders, study and submit a report to the Legislature, on or before December 31, 2017, that assesses the status of the course described in subdivision (a), assesses whether the course covers all appropriate topics, and identifies areas where additional training may be needed. SEC. 2. Section 13519.2 of the Penal Code is amended to read: 13519.2. (a) The commission shall, on or before July 1, 1990, include in the basic training course for law enforcement officers, adequate instruction in the handling of persons with developmental disabilities or mental illness, or both. Officers who complete the basic training prior to July 1, 1990, shall participate in supplementary training on this topic. This supplementary training shall be completed on or before July 1, 1992. Further training courses to update this instruction shall be established, as deemed necessary by the commission. (b) The course of instruction relating to the handling of developmentally disabled or mentally ill persons shall be developed by the commission in consultation with appropriate groups and individuals having an interest and expertise in this area. In addition to providing instruction on the handling of these persons, the course shall also include information on the cause and nature of developmental disabilities and mental illness, as well as the community resources available to serve these persons. (c) The commission shall, in collaboration with relevant stakeholders, study and submit a report to the Legislature, on or before December 31, 2017, that assesses the status of the course described in subdivision (a), assesses whether the course covers all appropriate topics, and identifies areas where additional training may be needed. SECTION 1. It is the intent of the Legislature to enact legislation to increase the continuing mental health training standards for California peace officers. ### 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 66019.3 of the Education Code is amended to read: 66019.3. (a) It is the intent of the Legislature to encourage the California Community Colleges, the California State University, and the University of California to disseminate information to foster care agencies regarding admissions requirements and financial aid. (b) The Legislature requests the Regents of the University of California and the Trustees of the California State University to explore methods of using the admissions-by-exemption category to assist the transition of students who are homeless youth or foster youth into four-year public institutions of higher education. SEC. 2. Section 76010 of the Education Code is amended to read: 76010. (a) In order to ensure that current and former homeless youth and current and former foster youth who are students at the campuses of the California Community Colleges have stable housing, each campus of the California Community Colleges that maintains student housing facilities is requested to give priority for housing to current and former homeless youth and current and former foster youth. In addition, each campus of the California Community Colleges that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, is requested to give first priority to current and former homeless youth and current and former foster youth for residence in the housing facilities that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current and former homeless youth and current and former foster youth for housing that is open for occupation during the most days in the calendar year. (b) In addition, each campus of the California Community Colleges is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities. (c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the California Community Colleges, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following: (1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. (2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program. (3) A financial aid administrator. (d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission. SEC. 3. Section 90001.5 of the Education Code is amended to read: 90001.5. (a) In order to ensure that current and former homeless youth and current and former foster youth who are students at campuses of the California State University have stable housing, each campus of the California State University that maintains student housing facilities shall give priority to current and former homeless youth and current and former foster youth. In addition, each campus of the California State University that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, shall first give priority to current and former homeless youth and current and former foster youth for residence in the housing facilities that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current and former homeless youth and current and former foster youth for housing that is open for occupation during the most days in the calendar year. (b) In addition, each campus of the California State University is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities. (c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the California State University, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following: (1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. (2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program. (3) A financial aid administrator. (d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission. SEC. 4. Section 92660 of the Education Code is amended to read: 92660. (a) In order to ensure that current and former homeless youth and current and former foster youth who are students at campuses of the University of California have stable housing, each campus of the University of California that maintains student housing facilities shall give priority to current and former homeless youth and current and former foster youth. In addition, each campus of the University of California that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, shall first give priority to current and former homeless youth and current and former foster youth for residence in the housing facilities for which they are eligible that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current or former homeless youth and current and former foster youth for residence in the housing facilities for which they are eligible that are open for occupation during the most days in the calendar year. (b) In addition, a campus of the University of California is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities. (c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the University of California, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following: (1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. (2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program. (3) A financial aid administrator. (d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission. (e) This section shall not apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make this section applicable.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the 3 segments of public postsecondary education in this state. Existing law establishes community college districts throughout the state, and authorizes them to provide instruction to students at community college campuses. Existing law establishes the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the other 2 segments of public postsecondary education in this state. Existing law requests the regents and the trustees to explore methods of using the admissions-by-exemption category to assist the transition of students in foster care into 4-year public institutions of higher education. This bill would request the regents and the trustees to provide that assistance to students who are homeless youth. Existing law requests campuses of the California Community Colleges, requires campuses of the California State University, and requires campuses of the University of California, subject to its agreement by resolution, to do all of the following: (1) give priority for housing to current and former foster youth, and (2) as to campuses that maintain student housing facilities open for occupation during school breaks, or on a year-round basis, give first priority to current and former foster youth for residence in housing facilities that are open for uninterrupted year-round occupation and next give priority to current and former foster youth for housing that is open for occupation during the most days in the calendar year. This bill would provide priority for campus housing to current and former homeless youth that is identical to that priority extended to current and former foster youth under existing law. This bill would request the campuses of the California Community Colleges, and would require the campuses of the California State University, and of the University of California, subject to its agreement by resolution, if they maintain student housing facilities, to provide housing in housing facilities that are open for uninterrupted year-round occupation to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and would request each campus of the California Community Colleges, the California State University, and the University of California to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources during and between academic terms, including during academic and campus breaks. This bill would define current and former homeless youth for each of these purposes.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 66019.3 of the Education Code is amended to read: 66019.3. (a) It is the intent of the Legislature to encourage the California Community Colleges, the California State University, and the University of California to disseminate information to foster care agencies regarding admissions requirements and financial aid. (b) The Legislature requests the Regents of the University of California and the Trustees of the California State University to explore methods of using the admissions-by-exemption category to assist the transition of students who are homeless youth or foster youth into four-year public institutions of higher education. SEC. 2. Section 76010 of the Education Code is amended to read: 76010. (a) In order to ensure that current and former homeless youth and current and former foster youth who are students at the campuses of the California Community Colleges have stable housing, each campus of the California Community Colleges that maintains student housing facilities is requested to give priority for housing to current and former homeless youth and current and former foster youth. In addition, each campus of the California Community Colleges that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, is requested to give first priority to current and former homeless youth and current and former foster youth for residence in the housing facilities that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current and former homeless youth and current and former foster youth for housing that is open for occupation during the most days in the calendar year. (b) In addition, each campus of the California Community Colleges is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities. (c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the California Community Colleges, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following: (1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. (2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program. (3) A financial aid administrator. (d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission. SEC. 3. Section 90001.5 of the Education Code is amended to read: 90001.5. (a) In order to ensure that current and former homeless youth and current and former foster youth who are students at campuses of the California State University have stable housing, each campus of the California State University that maintains student housing facilities shall give priority to current and former homeless youth and current and former foster youth. In addition, each campus of the California State University that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, shall first give priority to current and former homeless youth and current and former foster youth for residence in the housing facilities that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current and former homeless youth and current and former foster youth for housing that is open for occupation during the most days in the calendar year. (b) In addition, each campus of the California State University is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities. (c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the California State University, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following: (1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. (2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program. (3) A financial aid administrator. (d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission. SEC. 4. Section 92660 of the Education Code is amended to read: 92660. (a) In order to ensure that current and former homeless youth and current and former foster youth who are students at campuses of the University of California have stable housing, each campus of the University of California that maintains student housing facilities shall give priority to current and former homeless youth and current and former foster youth. In addition, each campus of the University of California that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, shall first give priority to current and former homeless youth and current and former foster youth for residence in the housing facilities for which they are eligible that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current or former homeless youth and current and former foster youth for residence in the housing facilities for which they are eligible that are open for occupation during the most days in the calendar year. (b) In addition, a campus of the University of California is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities. (c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the University of California, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following: (1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. (2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program. (3) A financial aid administrator. (d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission. (e) This section shall not apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make this section applicable. ### Summary: This bill amends the Education Code to require the University of California, the California State University, and the California Community Colleges to prioritize housing for current and former homeless youth

The people of the State of California do enact as follows: SECTION 1. Section 44559.13 is added to the Health and Safety Code, to read: 44559.13. (a) It is the intent of the Legislature in this act to create and fund the California Americans with Disabilities Small Business Capital Access Loan Program to assist small businesses in complying with the Americans with Disabilities Act. It is not the intent of the Legislature to assist the physical expansion of small businesses that includes modifications that comply with the Americans with Disabilities Act. The program shall be administered by the California Pollution Control Financing Authority and follow the terms and conditions for the Capital Access Loan Program for Small Businesses in this article with the additional program requirements specified under this section. (b) For purposes of this section, unless the context requires otherwise, the following words and terms shall have the following meanings: (1) “Americans with Disabilities Act” means the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) and amendments thereto. (2) “California Americans with Disabilities Act Small Business Capital Access Loan Program Fund” or “fund” means a fund established and administered by the authority pursuant to Sections 44548 and 44549 to be used for purposes of this program. (3) “Eligible cost” means and includes all or any part of the price of construction, purchase price of real or personal property, the price of demolishing or removing any buildings or structures, the price of all machinery and equipment, the amount of financing charges and interest prior to, during, and for a period not to exceed the later of one year or one year following completion of construction, as determined by the authority, the price of insurance during construction, the amount of funding or financing noncapital expenses, the amount of reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements, the price of engineering, financial, and legal services and other service contracts, the price of plans, specifications, studies, surveys, estimates, administrative expenses, and any other expenses of funding or financing, that are necessary and allocable to the eligible project, and shall not include costs not directly related to physical alterations necessary for compliance with the Americans with Disabilities Act. (4) “Eligible project” means the physical alterations or retrofits to an existing small business facility of less than 10,000 square feet necessary to ensure that facility is in compliance with the Americans with Disabilities Act, and the financing necessary to pay eligible costs of the project. (5) “Qualified loan” means a loan or portion of a loan as defined in subdivision (j) of Section 44559.1, where the proceeds of the loan or portion of the loan are limited to the eligible costs for an eligible project under this program, and where the loan or portion of the loan does not exceed fifty thousand dollars ($50,000). (6) “Small business” or “qualified business” means a business referred to in subdivisions (i) and (m) of Section 44559.1, that meets the following additional criteria: (A) Fifteen or fewer full-time equivalent employees. (B) Less than one million dollars ($1,000,000) in total gross annual income from all sources. (C) Does not provide overnight accommodations. (c) (1) The California Americans with Disabilities Act Small Business Capital Access Loan Program Fund is established in the State Treasury for, and shall be administered by the authority pursuant to Sections 44548 and 44549 for, this program. Notwithstanding Section 13340 of the Government Code, all money in the fund is continuously appropriated to the authority for carrying out the purposes of this section. The authority may divide the fund into separate accounts. All moneys accruing to the authority pursuant to this section from any source shall be deposited into the fund. (2) All moneys in the fund derived from any source shall be held in trust for the life of this program, subject to the program expenditures and costs of administering this section, as follows: (A) Program expenditures shall include both of the following: (i) Contributions paid by the authority in support of qualified loans. (ii) Reasonable costs to educate the small business community and participating lenders about the program, including travel within the state. (B) Administrative expenditures shall be limited to 5 percent of the initial appropriation plus 5 percent of all moneys recaptured, and shall include all of the following: (i) Personnel costs. (ii) Service and vending contracts necessary to carry out the program. (iii) Other reasonable direct and indirect administrative costs. (3) The authority may direct the Treasurer to invest moneys in the fund that are not required for its current needs in the eligible securities specified in Section 16430 of the Government Code as the authority shall designate. The authority may direct the Treasurer to deposit moneys in interest-bearing accounts in state or national banks or other financial institutions having principal offices located in the state. The authority may alternatively require the transfer of moneys in the fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of the Government Code. All interest or other increment resulting from an investment or deposit shall be deposited into the fund, notwithstanding Section 16305.7 of the Government Code. Moneys in the fund shall not be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of the Government Code, excepting the Surplus Money Investment Fund. (d) The authority shall adopt regulations pursuant to subdivision (c) of Section 44520 to implement the program, including provisions specific to this program as described in this section and further including provisions to: (1) Establish a new loss reserve account for each participating lender enrolling loans in this program. (2) Obtain a certification from each participating lender and small business upon enrollment of a qualified loan that the proceeds of the loan will be used for the eligible costs of an eligible project. (3) Contribute an additional incentive from the fund for each loan enrolled for a qualified business located in a severely affected community. (4) Restrict the enrollment of a qualified loan in any other Capital Access Loan Program for small business offered by the authority as long as funds are available for this program. (5) Limit the term of loss coverage for each qualified loan to no more than five years. (6) Recapture from the loss reserve account the authority’s contribution for each enrolled loan upon the maturation of such loan or after five years from the date of enrollment, whichever happens first, to be deposited in the fund and applied to future program and administrative expenditures. SEC. 2. The sum of ten million dollars ($10,000,000) is hereby transferred from the General Fund to the California Americans with Disabilities Act Small Business Capital Access Loan Program Fund for the purposes of funding loss reserve accounts and administering the program pursuant to the California Americans with Disabilities Act Small Business Capital Access Loan Program.

Existing law provides various programs to expand access to persons with disabilities and promote compliance with the federal Americans with Disabilities Act of 1990. Existing law establishes the Capital Access Loan Program, which is administered by the California Pollution Control Financing Authority (authority) to assist small businesses to finance the costs of complying with environmental mandates and the remediation of contamination on their properties. This bill would establish the California Americans with Disabilities Act Small Business Capital Access Loan Program within the Capital Access Loan Program, to create a self-sustaining program to provide loans to assist small businesses in financing the costs of projects that alter or retrofit existing small business facilities, meeting specified criteria, to comply with the federal Americans with Disabilities Act. This bill would authorize the authority to administer the program, including adopting regulations, and controlling funds appropriated for the program, as specified. This bill would establish the California Americans with Disabilities Act Small Business Capital Access Loan Program Fund, as a continuously appropriated fund, and require the authority to use the fund for all its purposes. This bill would also transfer $10,000,000 from the General Fund to the California Americans with Disabilities Act Small Business Capital Access Loan Program Fund.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 44559.13 is added to the Health and Safety Code, to read: 44559.13. (a) It is the intent of the Legislature in this act to create and fund the California Americans with Disabilities Small Business Capital Access Loan Program to assist small businesses in complying with the Americans with Disabilities Act. It is not the intent of the Legislature to assist the physical expansion of small businesses that includes modifications that comply with the Americans with Disabilities Act. The program shall be administered by the California Pollution Control Financing Authority and follow the terms and conditions for the Capital Access Loan Program for Small Businesses in this article with the additional program requirements specified under this section. (b) For purposes of this section, unless the context requires otherwise, the following words and terms shall have the following meanings: (1) “Americans with Disabilities Act” means the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) and amendments thereto. (2) “California Americans with Disabilities Act Small Business Capital Access Loan Program Fund” or “fund” means a fund established and administered by the authority pursuant to Sections 44548 and 44549 to be used for purposes of this program. (3) “Eligible cost” means and includes all or any part of the price of construction, purchase price of real or personal property, the price of demolishing or removing any buildings or structures, the price of all machinery and equipment, the amount of financing charges and interest prior to, during, and for a period not to exceed the later of one year or one year following completion of construction, as determined by the authority, the price of insurance during construction, the amount of funding or financing noncapital expenses, the amount of reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations, and improvements, the price of engineering, financial, and legal services and other service contracts, the price of plans, specifications, studies, surveys, estimates, administrative expenses, and any other expenses of funding or financing, that are necessary and allocable to the eligible project, and shall not include costs not directly related to physical alterations necessary for compliance with the Americans with Disabilities Act. (4) “Eligible project” means the physical alterations or retrofits to an existing small business facility of less than 10,000 square feet necessary to ensure that facility is in compliance with the Americans with Disabilities Act, and the financing necessary to pay eligible costs of the project. (5) “Qualified loan” means a loan or portion of a loan as defined in subdivision (j) of Section 44559.1, where the proceeds of the loan or portion of the loan are limited to the eligible costs for an eligible project under this program, and where the loan or portion of the loan does not exceed fifty thousand dollars ($50,000). (6) “Small business” or “qualified business” means a business referred to in subdivisions (i) and (m) of Section 44559.1, that meets the following additional criteria: (A) Fifteen or fewer full-time equivalent employees. (B) Less than one million dollars ($1,000,000) in total gross annual income from all sources. (C) Does not provide overnight accommodations. (c) (1) The California Americans with Disabilities Act Small Business Capital Access Loan Program Fund is established in the State Treasury for, and shall be administered by the authority pursuant to Sections 44548 and 44549 for, this program. Notwithstanding Section 13340 of the Government Code, all money in the fund is continuously appropriated to the authority for carrying out the purposes of this section. The authority may divide the fund into separate accounts. All moneys accruing to the authority pursuant to this section from any source shall be deposited into the fund. (2) All moneys in the fund derived from any source shall be held in trust for the life of this program, subject to the program expenditures and costs of administering this section, as follows: (A) Program expenditures shall include both of the following: (i) Contributions paid by the authority in support of qualified loans. (ii) Reasonable costs to educate the small business community and participating lenders about the program, including travel within the state. (B) Administrative expenditures shall be limited to 5 percent of the initial appropriation plus 5 percent of all moneys recaptured, and shall include all of the following: (i) Personnel costs. (ii) Service and vending contracts necessary to carry out the program. (iii) Other reasonable direct and indirect administrative costs. (3) The authority may direct the Treasurer to invest moneys in the fund that are not required for its current needs in the eligible securities specified in Section 16430 of the Government Code as the authority shall designate. The authority may direct the Treasurer to deposit moneys in interest-bearing accounts in state or national banks or other financial institutions having principal offices located in the state. The authority may alternatively require the transfer of moneys in the fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of the Government Code. All interest or other increment resulting from an investment or deposit shall be deposited into the fund, notwithstanding Section 16305.7 of the Government Code. Moneys in the fund shall not be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of the Government Code, excepting the Surplus Money Investment Fund. (d) The authority shall adopt regulations pursuant to subdivision (c) of Section 44520 to implement the program, including provisions specific to this program as described in this section and further including provisions to: (1) Establish a new loss reserve account for each participating lender enrolling loans in this program. (2) Obtain a certification from each participating lender and small business upon enrollment of a qualified loan that the proceeds of the loan will be used for the eligible costs of an eligible project. (3) Contribute an additional incentive from the fund for each loan enrolled for a qualified business located in a severely affected community. (4) Restrict the enrollment of a qualified loan in any other Capital Access Loan Program for small business offered by the authority as long as funds are available for this program. (5) Limit the term of loss coverage for each qualified loan to no more than five years. (6) Recapture from the loss reserve account the authority’s contribution for each enrolled loan upon the maturation of such loan or after five years from the date of enrollment, whichever happens first, to be deposited in the fund and applied to future program and administrative expenditures. SEC. 2. The sum of ten million dollars ($10,000,000) is hereby transferred from the General Fund to the California Americans with Disabilities Act Small Business Capital Access Loan Program Fund for the purposes of funding loss reserve accounts and administering the program pursuant to the California Americans with Disabilities Act Small Business Capital Access Loan 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 8547.2 of the Government Code is amended to read: 8547.2. For the purposes of this article, the following terms have the following meanings: (a) “Employee” means an individual appointed by the Governor, or employed or holding office in a state agency as defined by Section 11000, including, for purposes of Sections 8547.3 to 8547.7, inclusive, an employee of the California State University, or an individual appointed by the Legislature to a state board or commission and who is not a Member or employee of the Legislature. In addition, “employee” means a person employed by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts for the purposes of Sections 8547.3 to 8547.7, inclusive, and Section 8547.13, except for those provisions of Section 8547.4 concerning notice of adverse action and the State Personnel Board. “Employee” includes a former employee who met the criteria of this subdivision during his or her employment. (b) “Illegal order” means a directive to violate or assist in violating a federal, state, or local law, rule, or regulation, or an order to work or cause others to work in conditions outside of their line of duty that would unreasonably threaten the health or safety of employees or the public. (c) “Improper governmental activity” means an activity by a state agency or by an employee that is undertaken in the performance of the employee’s duties, undertaken inside a state office, or, if undertaken outside a state office by the employee, directly relates to state government, whether or not that activity is within the scope of his or her employment, and that (1) is in violation of any state or federal law or regulation, including, but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty, (2) is in violation of an Executive order of the Governor, a California Rule of Court, or any policy or procedure mandated by the State Administrative Manual or State Contracting Manual, or (3) is economically wasteful, involves gross misconduct, incompetency, or inefficiency. For purposes of Sections 8547.4, 8547.5, 8547.7, 8547.10, and 8547.11, “improper governmental activity” includes any activity by the University of California or by an employee, including an officer or faculty member, who otherwise meets the criteria of this subdivision. For purposes of Sections 8547.4, 8547.5, and 8547.13, “improper governmental activity” includes any activity by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts, or by an employee thereof, who otherwise meets the criteria of this subdivision. (d) “Person” means an individual, corporation, trust, association, a state or local government, or an agency or instrumentality of any of the foregoing. (e) “Protected disclosure” means a good faith communication, including a communication based on, or when carrying out, job duties, that discloses or demonstrates an intention to disclose information that may evidence (1) an improper governmental activity, or (2) a condition that may significantly threaten the health or safety of employees or the public if the disclosure or intention to disclose was made for the purpose of remedying that condition. Protected disclosure specifically includes a good faith communication to the California State Auditor’s Office alleging an improper governmental activity and any evidence delivered to the California State Auditor’s Office in support of the allegation. “Protected disclosure” also includes, but is not limited to, a complaint made to the Commission on Judicial Performance. (f) “State agency” is defined by Section 11000. “State agency” includes the University of California for purposes of Sections 8547.5 to 8547.7, inclusive, and Section 8547.16, and the California State University for purposes of Sections 8547.3 to 8547.7, inclusive. inclusive, and Section 8547.16. Sections 8547.3 to 8547.7, inclusive, shall apply to the Supreme Court, the courts of appeal, the superior courts, and the Administrative Office of the Courts in the same manner as they apply to a state agency. SECTION 1. SEC. 2. Section 8547.16 is added to the Government Code, to read: 8547.16. Any (a) A state agency that utilizes a whistleblower investigation policy separate from this article shall publicly report, in the manner in which the State Auditor is authorized to publicly report pursuant to subdivision (c) of Section 8547.7, any investigation of a whistleblower complaint that has substantiated improper governmental activities. (b) This section shall not be deemed to require the disclosure of a public record that is otherwise not required to be disclosed pursuant to any other state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).

The California Whistleblower Protection Act requires the State Auditor to administer the act and to investigate and report on improper governmental activities, as defined. The act requires the State Auditor to establish a means of submitting allegations of improper governmental activity, and generally requires the State Auditor to keep confidential every investigation, including all investigative files and work product. The product. The act authorizes the State Auditor to issue a public report of an investigation that has substantiated an improper governmental activity, keeping confidential the identity of the employee or employees involved. The act also further authorizes the State Auditor to release any findings or evidence supporting any findings resulting from an investigation whenever the State Auditor determines it necessary to serve the interests of the state. This bill would require a state agency agency, as defined, that utilizes a whistleblower investigation policy separate from the act to publicly report, in the manner in which the State Auditor is authorized to publicly report, any investigation of a whistleblower complaint that has substantiated improper government activities. The bill would specify that its provisions shall not be deemed to require the disclosure of a public record that is otherwise not required to be disclosed pursuant to any other state law.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 8547.2 of the Government Code is amended to read: 8547.2. For the purposes of this article, the following terms have the following meanings: (a) “Employee” means an individual appointed by the Governor, or employed or holding office in a state agency as defined by Section 11000, including, for purposes of Sections 8547.3 to 8547.7, inclusive, an employee of the California State University, or an individual appointed by the Legislature to a state board or commission and who is not a Member or employee of the Legislature. In addition, “employee” means a person employed by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts for the purposes of Sections 8547.3 to 8547.7, inclusive, and Section 8547.13, except for those provisions of Section 8547.4 concerning notice of adverse action and the State Personnel Board. “Employee” includes a former employee who met the criteria of this subdivision during his or her employment. (b) “Illegal order” means a directive to violate or assist in violating a federal, state, or local law, rule, or regulation, or an order to work or cause others to work in conditions outside of their line of duty that would unreasonably threaten the health or safety of employees or the public. (c) “Improper governmental activity” means an activity by a state agency or by an employee that is undertaken in the performance of the employee’s duties, undertaken inside a state office, or, if undertaken outside a state office by the employee, directly relates to state government, whether or not that activity is within the scope of his or her employment, and that (1) is in violation of any state or federal law or regulation, including, but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty, (2) is in violation of an Executive order of the Governor, a California Rule of Court, or any policy or procedure mandated by the State Administrative Manual or State Contracting Manual, or (3) is economically wasteful, involves gross misconduct, incompetency, or inefficiency. For purposes of Sections 8547.4, 8547.5, 8547.7, 8547.10, and 8547.11, “improper governmental activity” includes any activity by the University of California or by an employee, including an officer or faculty member, who otherwise meets the criteria of this subdivision. For purposes of Sections 8547.4, 8547.5, and 8547.13, “improper governmental activity” includes any activity by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts, or by an employee thereof, who otherwise meets the criteria of this subdivision. (d) “Person” means an individual, corporation, trust, association, a state or local government, or an agency or instrumentality of any of the foregoing. (e) “Protected disclosure” means a good faith communication, including a communication based on, or when carrying out, job duties, that discloses or demonstrates an intention to disclose information that may evidence (1) an improper governmental activity, or (2) a condition that may significantly threaten the health or safety of employees or the public if the disclosure or intention to disclose was made for the purpose of remedying that condition. Protected disclosure specifically includes a good faith communication to the California State Auditor’s Office alleging an improper governmental activity and any evidence delivered to the California State Auditor’s Office in support of the allegation. “Protected disclosure” also includes, but is not limited to, a complaint made to the Commission on Judicial Performance. (f) “State agency” is defined by Section 11000. “State agency” includes the University of California for purposes of Sections 8547.5 to 8547.7, inclusive, and Section 8547.16, and the California State University for purposes of Sections 8547.3 to 8547.7, inclusive. inclusive, and Section 8547.16. Sections 8547.3 to 8547.7, inclusive, shall apply to the Supreme Court, the courts of appeal, the superior courts, and the Administrative Office of the Courts in the same manner as they apply to a state agency. SECTION 1. SEC. 2. Section 8547.16 is added to the Government Code, to read: 8547.16. Any (a) A state agency that utilizes a whistleblower investigation policy separate from this article shall publicly report, in the manner in which the State Auditor is authorized to publicly report pursuant to subdivision (c) of Section 8547.7, any investigation of a whistleblower complaint that has substantiated improper governmental activities. (b) This section shall not be deemed to require the disclosure of a public record that is otherwise not required to be disclosed pursuant to any other state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). ### Summary: This bill amends the Government Code to add a new section 8547.16. The new section requires a state agency that utilizes a whistleblower

The people of the State of California do enact as follows: SECTION 1. Section 65850.7 is added to the Government Code, to read: 65850.7. (a) The Legislature finds and declares all of the following: (1) The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern. (2) It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations. (3) It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use. (4) It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for charging stations so long as the action does not supersede the building official’s authority to identify and address higher priority life-safety situations. (b) A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit. (c) A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. (d) The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county. (e) Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. (f) (1) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities. (2) An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (g) (1) On or before September 30, 2016, every city, county, or city and county with a population of 200,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. An application submitted to a city, county, or city and county that owns and operates an electric utility shall demonstrate compliance with the utility’s interconnection policies prior to approval. (2) The checklist and required permitting documentation shall be published on a publicly accessible Internet Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required. (h) A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code. (i) The following definitions shall apply to this section: (1) “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit. (2) “Electronic submittal” means the utilization of one or more of the following: (A) Email. (B) The Internet. (C) Facsimile. (3) “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. (4) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 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 Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a general plan for the physical development of the county or city and authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities. Existing law, the Electric Vehicle Charging Stations Open Access Act, prohibits the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, and prohibits a requirement for persons to obtain membership in any club, association, or organization as a condition of using the station, except as specified. The bill would require a city, county, or city and county to approve an application for the installation of electric vehicle charging stations, as defined, through the issuance of specified permits unless the city or county makes specified written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The bill would provide for appeal of that decision to the planning commission, as specified. The bill would provide that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern. The bill would require electric vehicle charging stations to meet specified standards. The bill would require a city, county, or city and county with a population of 200,000 or more residents to adopt an ordinance, by September 30, 2016, that creates an expedited and streamlined permitting process for electric vehicle charging stations, as specified. The bill would require a city, county, or city and county with a population of less than 200,000 residents to adopt this ordinance by September 30, 2017. The ercase">MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 65850.7 is added to the Government Code, to read: 65850.7. (a) The Legislature finds and declares all of the following: (1) The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern. (2) It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations. (3) It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use. (4) It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for charging stations so long as the action does not supersede the building official’s authority to identify and address higher priority life-safety situations. (b) A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit. (c) A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. (d) The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county. (e) Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. (f) (1) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities. (2) An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (g) (1) On or before September 30, 2016, every city, county, or city and county with a population of 200,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. An application submitted to a city, county, or city and county that owns and operates an electric utility shall demonstrate compliance with the utility’s interconnection policies prior to approval. (2) The checklist and required permitting documentation shall be published on a publicly accessible Internet Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required. (h) A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code. (i) The following definitions shall apply to this section: (1) “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit. (2) “Electronic submittal” means the utilization of one or more of the following: (A) Email. (B) The Internet. (C) Facsimile. (3) “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. (4) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 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.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 65850.7 is added to the Government Code, to read: 65850.7. (a) The Legislature finds and declares all of the following: (1) The implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern. (2) It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of electric vehicle charging stations and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install electric vehicle charging stations. (3) It is the policy of the state to promote and encourage the use of electric vehicle charging stations and to limit obstacles to their use. (4) It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of electric vehicle charging stations by removing obstacles to, and minimizing costs of, permitting for charging stations so long as the action does not supersede the building official’s authority to identify and address higher priority life-safety situations. (b) A city, county, or city and county shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install an electric vehicle charging station shall be limited to the building official’s review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city, county, or city and county makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city, county, or city and county may require the applicant to apply for a use permit. (c) A city, county, or city and county may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. (d) The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city, county, or city and county. (e) Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. (f) (1) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities. (2) An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (g) (1) On or before September 30, 2016, every city, county, or city and county with a population of 200,000 or more residents, and, on or before September 30, 2017, every city, county, or city and county with a population of less than 200,000 residents, shall, in consultation with the local fire department or district and the utility director, if the city, county, or city and county operates a utility, adopt an ordinance, consistent with the goals and intent of this section, that creates an expedited, streamlined permitting process for electric vehicle charging stations. In developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. An application that satisfies the information requirements in the checklist, as determined by the city, county, or city and county, shall be deemed complete. Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations. However, the city, county, or city and county may establish a process to prioritize competing applications for expedited permits. Upon receipt of an incomplete application, a city, county, or city and county shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. An application submitted to a city, county, or city and county that owns and operates an electric utility shall demonstrate compliance with the utility’s interconnection policies prior to approval. (2) The checklist and required permitting documentation shall be published on a publicly accessible Internet Web site, if the city, county, or city and county has an Internet Web site, and the city, county, or city and county shall allow for electronic submittal of a permit application and associated documentation, and shall authorize the electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant. In developing the ordinance, the city, county, or city and county may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research. A city, county, or city and county may adopt an ordinance that modifies the checklists and standards found in the guidebook due to unique climactic, geological, seismological, or topographical conditions. If a city, county, or city and county determines that it is unable to authorize the acceptance of an electronic signature on all forms, applications, and other documents in lieu of a wet signature by an applicant, the city, county, or city and county shall state, in the ordinance required under this subdivision, the reasons for its inability to accept electronic signatures and acceptance of an electronic signature shall not be required. (h) A city, county, or city and county shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in Section 4080 of the Civil Code. (i) The following definitions shall apply to this section: (1) “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city, county, or city and county on another similarly situated application in a prior successful application for a permit. (2) “Electronic submittal” means the utilization of one or more of the following: (A) Email. (B) The Internet. (C) Facsimile. (3) “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. (4) “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 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 require a city, county, or city and county to issue a building permit or similar nondiscretionary permit for an application to install an electric

The people of the State of California do enact as follows: SECTION 1. Section 1027 of the Penal Code is amended to read: 1027. (a) When a defendant pleads not guilty by reason of insanity the court shall select and appoint two, and may select and appoint three, psychiatrists, or licensed psychologists who have a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders, appoint an evaluation panel that has been convened pursuant to Section 7233 of the Welfare and Institutions Code to examine the defendant and investigate his or her mental status. It is the duty of the psychiatrists or psychologists selected and appointed evaluation panel to make the examination and investigation, and to testify, whenever summoned, in any proceeding in which the sanity of the defendant is in question. The psychiatrists or psychologists appointed by the court members of the evaluation panel shall be allowed, in addition to their actual traveling expenses, those fees that in the discretion of the court seem just and reasonable, having regard to the services rendered by the witnesses. The fees allowed shall be paid by the county where the indictment was found or in which the defendant was held for trial. trial to the State Department of State Hospitals. (b) Any report on the examination and investigation made pursuant to subdivision (a) shall include, but not be limited to, the psychological history of the defendant, the facts surrounding the commission of the acts forming the basis for the present charge used by the psychiatrist or psychologist evaluation panel in making his or her the panel’s examination of the defendant, the present psychological or psychiatric symptoms of the defendant, if any, the substance abuse history of the defendant, the substance use history of the defendant on the day of the offense, a review of the police report for the offense, and any other credible and relevant material reasonably necessary to describe the facts of the offense. (c) This section does not presume that a psychiatrist or psychologist an evaluation panel can determine whether a defendant was sane or insane at the time of the alleged offense. This section does not limit a court’s discretion to admit or exclude, pursuant to the Evidence Code, psychiatric or psychological evidence about the defendant’s state of mind or mental or emotional condition at the time of the alleged offense. (d) Nothing contained in this section shall be deemed or construed to prevent any party to any criminal action from producing any other expert evidence with respect to the mental status of the defendant. If expert witnesses are called by the district attorney in the action, they shall only be entitled to those witness fees as may be allowed by the court. (e) Any psychiatrist or psychologist The members of an evaluation panel appointed by the court may be called by either party to the action or by the court, and shall be subject to all legal objections as to competency and bias and as to qualifications as an expert. When called by the court or by either party to the action, the court may examine the psychiatrist or psychologist, members of the evaluation panel, as deemed necessary, but either party shall have the same right to object to the questions asked by the court and the evidence adduced as though the psychiatrist or psychologist members of the panel were a witness witnesses for the adverse party. When a member of the psychiatrist or psychologist panel is called and examined by the court, the parties may cross-examine him or her in the order directed by the court. When called by either party to the action, the adverse party may examine him or her the same as in the case of any other witness called by the party. SEC. 2. Section 1369 of the Penal Code is amended to read: 1369. Except as stated in subdivision (g), a trial by court or jury of the question of mental competence shall proceed in the following order: (a) The court shall appoint a psychiatrist or licensed psychologist, an evaluation panel that has been convened pursuant to Section 7233 of the Welfare and Institutions Code, and any other expert with forensic experience the court may deem appropriate, to examine the defendant. In any case where in which the defendant or the defendant’s counsel informs the court that the defendant is not seeking a finding of mental incompetence, the court shall appoint two psychiatrists, licensed psychologists, or a combination thereof. One of the psychiatrists or licensed psychologists may be named by the defense and one may be named by the prosecution. defense and the prosecution shall each confer with the State Department of State Hospitals regarding the selection of the panelists. The examining psychiatrists or licensed psychologists panelists shall evaluate the nature of the defendant’s mental disorder, if any, the defendant’s ability or inability to understand the nature of the criminal proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental disorder and, if within the scope of their licenses and appropriate to their opinions, whether or not treatment with antipsychotic medication is medically appropriate for the defendant and whether antipsychotic medication is likely to restore the defendant to mental competence. If an examining psychologist panelist is of the opinion that antipsychotic medication may be medically appropriate for the defendant and that the defendant should be evaluated by a psychiatrist to determine if antipsychotic medication is medically appropriate, the psychologist panelist shall inform the court of this opinion and his or her recommendation as to whether a psychiatrist should examine the defendant. The examining psychiatrists or licensed psychologists panelists shall also address the issues of whether the defendant has capacity to make decisions regarding antipsychotic medication and whether the defendant is a danger to self or others. If the defendant is examined by a psychiatrist and the psychiatrist forms an opinion as to whether or not treatment with antipsychotic medication is medically appropriate, the psychiatrist shall inform the court of his or her opinions as to the likely or potential side effects of the medication, the expected efficacy of the medication, possible alternative treatments, and whether it is medically appropriate to administer antipsychotic medication in the county jail. If it is suspected the defendant is developmentally disabled, the court shall appoint the director of the regional center for the developmentally disabled established under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code, or the designee of the director, to examine the defendant. The court may order the developmentally disabled defendant to be confined for examination in a residential facility or state hospital. The regional center director shall recommend to the court a suitable residential facility or state hospital. Prior to issuing an order pursuant to this section, the court shall consider the recommendation of the regional center director. While the person is confined pursuant to order of the court under this section, he or she shall be provided with necessary care and treatment. (b) (1) The counsel for the defendant shall offer evidence in support of the allegation of mental incompetence. (2) If the defense declines to offer any evidence in support of the allegation of mental incompetence, the prosecution may do so. (c) The prosecution shall present its case regarding the issue of the defendant’s present mental competence. (d) Each party may offer rebutting testimony, unless the court, for good reason in furtherance of justice, also permits other evidence in support of the original contention. (e) When the evidence is concluded, unless the case is submitted without final argument, the prosecution shall make its final argument and the defense shall conclude with its final argument to the court or jury. (f) In a jury trial, the court shall charge the jury, instructing them on all matters of law necessary for the rendering of a verdict. It shall be presumed that the defendant is mentally competent unless it is proved by a preponderance of the evidence that the defendant is mentally incompetent. The verdict of the jury shall be unanimous. (g) Only a court trial is required to determine competency in any proceeding for a violation of probation, mandatory supervision, postrelease community supervision, or parole. SEC. 3. Section 7233 is added to the Welfare and Institutions Code, to read: 7233. (a) The State Department of State Hospitals shall establish a pool of psychiatrists and psychologists with forensic skills who are employees of the department from which evaluation panels shall be created pursuant to subdivision (b). (b) The department shall create evaluation panels with each panel consisting of three to five forensic psychiatrists or psychologists from the pool created in subdivision (a).

Existing law establishes the State Department of State Hospitals for the administration of state hospitals and provides for the involuntary confinement of certain individuals in those state hospitals, including a defendant who has been found mentally incompetent to stand trial or who has been found to be insane at the time he or she committed the crime. Existing law requires a court, when a defendant pleads not guilty by reason of insanity, or if there is a question as to the defendant’s mental competence, to appoint a specified number of psychiatrists or psychologists to examine the defendant. This bill would require the State Department of State Hospitals to establish, within the department, a pool of psychiatrists and psychologists with forensic skills, and would require the department to create evaluation panels from the pool of psychiatrists and psychologists, as specified. The bill would require the court to order an evaluation panel to evaluate a defendant who pleads not guilty by reason of insanity or who may be mentally incompetent. The bill would also make conforming changes.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1027 of the Penal Code is amended to read: 1027. (a) When a defendant pleads not guilty by reason of insanity the court shall select and appoint two, and may select and appoint three, psychiatrists, or licensed psychologists who have a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders, appoint an evaluation panel that has been convened pursuant to Section 7233 of the Welfare and Institutions Code to examine the defendant and investigate his or her mental status. It is the duty of the psychiatrists or psychologists selected and appointed evaluation panel to make the examination and investigation, and to testify, whenever summoned, in any proceeding in which the sanity of the defendant is in question. The psychiatrists or psychologists appointed by the court members of the evaluation panel shall be allowed, in addition to their actual traveling expenses, those fees that in the discretion of the court seem just and reasonable, having regard to the services rendered by the witnesses. The fees allowed shall be paid by the county where the indictment was found or in which the defendant was held for trial. trial to the State Department of State Hospitals. (b) Any report on the examination and investigation made pursuant to subdivision (a) shall include, but not be limited to, the psychological history of the defendant, the facts surrounding the commission of the acts forming the basis for the present charge used by the psychiatrist or psychologist evaluation panel in making his or her the panel’s examination of the defendant, the present psychological or psychiatric symptoms of the defendant, if any, the substance abuse history of the defendant, the substance use history of the defendant on the day of the offense, a review of the police report for the offense, and any other credible and relevant material reasonably necessary to describe the facts of the offense. (c) This section does not presume that a psychiatrist or psychologist an evaluation panel can determine whether a defendant was sane or insane at the time of the alleged offense. This section does not limit a court’s discretion to admit or exclude, pursuant to the Evidence Code, psychiatric or psychological evidence about the defendant’s state of mind or mental or emotional condition at the time of the alleged offense. (d) Nothing contained in this section shall be deemed or construed to prevent any party to any criminal action from producing any other expert evidence with respect to the mental status of the defendant. If expert witnesses are called by the district attorney in the action, they shall only be entitled to those witness fees as may be allowed by the court. (e) Any psychiatrist or psychologist The members of an evaluation panel appointed by the court may be called by either party to the action or by the court, and shall be subject to all legal objections as to competency and bias and as to qualifications as an expert. When called by the court or by either party to the action, the court may examine the psychiatrist or psychologist, members of the evaluation panel, as deemed necessary, but either party shall have the same right to object to the questions asked by the court and the evidence adduced as though the psychiatrist or psychologist members of the panel were a witness witnesses for the adverse party. When a member of the psychiatrist or psychologist panel is called and examined by the court, the parties may cross-examine him or her in the order directed by the court. When called by either party to the action, the adverse party may examine him or her the same as in the case of any other witness called by the party. SEC. 2. Section 1369 of the Penal Code is amended to read: 1369. Except as stated in subdivision (g), a trial by court or jury of the question of mental competence shall proceed in the following order: (a) The court shall appoint a psychiatrist or licensed psychologist, an evaluation panel that has been convened pursuant to Section 7233 of the Welfare and Institutions Code, and any other expert with forensic experience the court may deem appropriate, to examine the defendant. In any case where in which the defendant or the defendant’s counsel informs the court that the defendant is not seeking a finding of mental incompetence, the court shall appoint two psychiatrists, licensed psychologists, or a combination thereof. One of the psychiatrists or licensed psychologists may be named by the defense and one may be named by the prosecution. defense and the prosecution shall each confer with the State Department of State Hospitals regarding the selection of the panelists. The examining psychiatrists or licensed psychologists panelists shall evaluate the nature of the defendant’s mental disorder, if any, the defendant’s ability or inability to understand the nature of the criminal proceedings or assist counsel in the conduct of a defense in a rational manner as a result of a mental disorder and, if within the scope of their licenses and appropriate to their opinions, whether or not treatment with antipsychotic medication is medically appropriate for the defendant and whether antipsychotic medication is likely to restore the defendant to mental competence. If an examining psychologist panelist is of the opinion that antipsychotic medication may be medically appropriate for the defendant and that the defendant should be evaluated by a psychiatrist to determine if antipsychotic medication is medically appropriate, the psychologist panelist shall inform the court of this opinion and his or her recommendation as to whether a psychiatrist should examine the defendant. The examining psychiatrists or licensed psychologists panelists shall also address the issues of whether the defendant has capacity to make decisions regarding antipsychotic medication and whether the defendant is a danger to self or others. If the defendant is examined by a psychiatrist and the psychiatrist forms an opinion as to whether or not treatment with antipsychotic medication is medically appropriate, the psychiatrist shall inform the court of his or her opinions as to the likely or potential side effects of the medication, the expected efficacy of the medication, possible alternative treatments, and whether it is medically appropriate to administer antipsychotic medication in the county jail. If it is suspected the defendant is developmentally disabled, the court shall appoint the director of the regional center for the developmentally disabled established under Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code, or the designee of the director, to examine the defendant. The court may order the developmentally disabled defendant to be confined for examination in a residential facility or state hospital. The regional center director shall recommend to the court a suitable residential facility or state hospital. Prior to issuing an order pursuant to this section, the court shall consider the recommendation of the regional center director. While the person is confined pursuant to order of the court under this section, he or she shall be provided with necessary care and treatment. (b) (1) The counsel for the defendant shall offer evidence in support of the allegation of mental incompetence. (2) If the defense declines to offer any evidence in support of the allegation of mental incompetence, the prosecution may do so. (c) The prosecution shall present its case regarding the issue of the defendant’s present mental competence. (d) Each party may offer rebutting testimony, unless the court, for good reason in furtherance of justice, also permits other evidence in support of the original contention. (e) When the evidence is concluded, unless the case is submitted without final argument, the prosecution shall make its final argument and the defense shall conclude with its final argument to the court or jury. (f) In a jury trial, the court shall charge the jury, instructing them on all matters of law necessary for the rendering of a verdict. It shall be presumed that the defendant is mentally competent unless it is proved by a preponderance of the evidence that the defendant is mentally incompetent. The verdict of the jury shall be unanimous. (g) Only a court trial is required to determine competency in any proceeding for a violation of probation, mandatory supervision, postrelease community supervision, or parole. SEC. 3. Section 7233 is added to the Welfare and Institutions Code, to read: 7233. (a) The State Department of State Hospitals shall establish a pool of psychiatrists and psychologists with forensic skills who are employees of the department from which evaluation panels shall be created pursuant to subdivision (b). (b) The department shall create evaluation panels with each panel consisting of three to five forensic psychiatrists or psychologists from the pool created in subdivision (a). ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1027

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Research shows that children who eat breakfast have improved cognitive function, demonstrate higher academic achievement, exhibit better behavior, and have healthier diets, as compared to children who do not eat breakfast. (b) Research also shows that breakfasts served at school are generally more nutritious than breakfasts served at home. (c) Each school day, schoolday, 2.2 million of the state’s low-income pupils miss out on the health and academic benefits of school breakfasts and, in total, 4.3 million of California’s public school pupils miss out on school breakfast breakfasts each schoolday. (d) Serving breakfast after the start of the schoolday has been shown to significantly improve school breakfast participation, yield fiscal benefits, and improve the learning environment for all pupils by decreasing absenteeism, tardiness, reports of hunger-related illness, and disciplinary issues. (e) The federal School Breakfast Program enables school districts to draw on federal funds designated to serve low-income pupils. If the federal School Breakfast Program reached as many low-income pupils as the federal National School Lunch Program, California’s public schools would receive an additional $344 million in federal meal reimbursements, providing essential resources to the state’s most vulnerable children. (f) Fiscal research shows that increasing participation in the federal School Breakfast Program immediately and positively impacts the California economy by distributing federal funds to school districts, increasing local employment, and increasing purchases of food and equipment. (g) Given the academic, health, and fiscal benefits of school breakfasts, high-need schools serving low-income pupils should make breakfast readily available and accessible during the schoolday. SEC. 2. Section 49550 of the Education Code is amended to read: 49550. Notwithstanding any other law: (a) A school district or county office of education maintaining any kindergarten or any of grades 1 to 12, inclusive, shall provide for each pupil who is a needy child as defined in Section 49552 one nutritionally adequate free or reduced-price meal during each schoolday, except for family day care homes that shall be reimbursed for 75 percent of the meals served. (b) In order to comply with subdivision (a), a school district or county office of education may use funds that are available through any federal or state program the purpose of which includes the provision of meals to a pupil, including, but not necessarily limited to, the federal School Breakfast Program, the federal National School Lunch Program, the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or may do so at the expense of the school district or county office of education. (c) Each school district or county office of education maintaining any kindergarten or any of grades 1 to 12, inclusive, shall provide breakfast for its pupils in accordance with the following: (1) From July 1, 2016, to June 30, 2017, inclusive, if at least 40 percent of the pupils enrolled in a school are needy children as defined in Section 49552, a nutritionally adequate breakfast shall be made available to pupils each schoolday. This breakfast may be offered either for sale or at no cost to the pupils. No pupil shall be required to consume a meal. Commencing on July 1, 2017, the requirements of this paragraph shall apply only to schools where at least 40 percent, but less than 60 percent, of the pupils enrolled in that school are needy children as defined in Section 49552. (2) (A) From July 1, 2017, to June 30, 2018, inclusive, if at least 60 percent of the pupils enrolled in a school are needy children as defined in Section 49552, the school shall comply with both of the following requirements: (i) A nutritionally adequate breakfast shall be made available to each pupil each schoolday. The school may make this breakfast available either for sale or at no cost to the pupils. No pupil shall be required to consume a meal. (ii) The breakfast provided pursuant to clause (i) shall be available to pupils after instruction has begun for the schoolday. (B) On and after July 1, 2018, the requirements of subparagraph (A) shall apply only to schools where at least 60 percent, but less than 80 percent, of the pupils enrolled in that school are needy children as defined in Section 49552. (3) On and after July 1, 2018, if at least 80 percent of the pupils enrolled in a school are needy children as defined in Section 49552, the school shall comply with both of the following requirements: (A) A nutritionally adequate breakfast shall be made available to pupils each schoolday. This breakfast shall be offered at no cost to the pupils. No pupil shall be required to consume a meal. (B) The breakfast provided pursuant to subparagraph (A) shall be available to pupils after instruction has begun for the schoolday. (d) As used in this section, “after instruction has begun for the schoolday” means after the time the schoolday has begun for a majority of the pupils enrolled at that school. (e) This section shall not be construed to require a school to set aside instructional time for the purpose of serving breakfast. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

(1) Existing law requires each school district or county superintendent of schools maintaining kindergarten or any of grades 1 to 12, inclusive, to provide one nutritionally adequate free or reduced-price meal for each needy pupil during each schoolday, except as specified. Existing law authorizes a school district or county office of education to use funds made available through any applicable federal or state program or to use its own funds to provide the required meals. This bill would express legislative findings and declarations relating to the federal School Breakfast Program. The bill, from July 1, 2016, to June 30, 2017, inclusive, would require each school district or county office of education maintaining any kindergarten or any of grades 1 to 12, inclusive, to make a nutritionally adequate breakfast available for all of the pupils in a school, when at least 40% of the pupils enrolled at the school are needy children, as defined. On and after July 1, 2017, these requirements would apply only to schools where at least 40%, but less than 60%, of the pupils enrolled in that school are needy children. The bill, from July 1, 2017, to June 30, 2018, inclusive, with respect to schools where at least 60% of the pupils enrolled at the school are needy children, would additionally require these nutritionally adequate breakfasts to be available to pupils after instruction has begun for the schoolday, as defined. On and after July 1, 2018, these requirements would apply only to schools where at least 60%, but less than 80%, of the pupils enrolled in that school are needy children. The bill, on and after July 1, 2018, with respect to schools where at least 80% of the pupils enrolled at the school are needy children, would additionally require these nutritionally adequate breakfasts to be available to pupils, at no cost to the pupil, after instruction has begun for the schoolday, as defined. The bill would also specify that these provisions shall not be construed to require a school to set aside instructional time for the purpose of serving breakfast. To the extent that this bill would create new duties for school districts and county offices of education, it would constitute a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Research shows that children who eat breakfast have improved cognitive function, demonstrate higher academic achievement, exhibit better behavior, and have healthier diets, as compared to children who do not eat breakfast. (b) Research also shows that breakfasts served at school are generally more nutritious than breakfasts served at home. (c) Each school day, schoolday, 2.2 million of the state’s low-income pupils miss out on the health and academic benefits of school breakfasts and, in total, 4.3 million of California’s public school pupils miss out on school breakfast breakfasts each schoolday. (d) Serving breakfast after the start of the schoolday has been shown to significantly improve school breakfast participation, yield fiscal benefits, and improve the learning environment for all pupils by decreasing absenteeism, tardiness, reports of hunger-related illness, and disciplinary issues. (e) The federal School Breakfast Program enables school districts to draw on federal funds designated to serve low-income pupils. If the federal School Breakfast Program reached as many low-income pupils as the federal National School Lunch Program, California’s public schools would receive an additional $344 million in federal meal reimbursements, providing essential resources to the state’s most vulnerable children. (f) Fiscal research shows that increasing participation in the federal School Breakfast Program immediately and positively impacts the California economy by distributing federal funds to school districts, increasing local employment, and increasing purchases of food and equipment. (g) Given the academic, health, and fiscal benefits of school breakfasts, high-need schools serving low-income pupils should make breakfast readily available and accessible during the schoolday. SEC. 2. Section 49550 of the Education Code is amended to read: 49550. Notwithstanding any other law: (a) A school district or county office of education maintaining any kindergarten or any of grades 1 to 12, inclusive, shall provide for each pupil who is a needy child as defined in Section 49552 one nutritionally adequate free or reduced-price meal during each schoolday, except for family day care homes that shall be reimbursed for 75 percent of the meals served. (b) In order to comply with subdivision (a), a school district or county office of education may use funds that are available through any federal or state program the purpose of which includes the provision of meals to a pupil, including, but not necessarily limited to, the federal School Breakfast Program, the federal National School Lunch Program, the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or may do so at the expense of the school district or county office of education. (c) Each school district or county office of education maintaining any kindergarten or any of grades 1 to 12, inclusive, shall provide breakfast for its pupils in accordance with the following: (1) From July 1, 2016, to June 30, 2017, inclusive, if at least 40 percent of the pupils enrolled in a school are needy children as defined in Section 49552, a nutritionally adequate breakfast shall be made available to pupils each schoolday. This breakfast may be offered either for sale or at no cost to the pupils. No pupil shall be required to consume a meal. Commencing on July 1, 2017, the requirements of this paragraph shall apply only to schools where at least 40 percent, but less than 60 percent, of the pupils enrolled in that school are needy children as defined in Section 49552. (2) (A) From July 1, 2017, to June 30, 2018, inclusive, if at least 60 percent of the pupils enrolled in a school are needy children as defined in Section 49552, the school shall comply with both of the following requirements: (i) A nutritionally adequate breakfast shall be made available to each pupil each schoolday. The school may make this breakfast available either for sale or at no cost to the pupils. No pupil shall be required to consume a meal. (ii) The breakfast provided pursuant to clause (i) shall be available to pupils after instruction has begun for the schoolday. (B) On and after July 1, 2018, the requirements of subparagraph (A) shall apply only to schools where at least 60 percent, but less than 80 percent, of the pupils enrolled in that school are needy children as defined in Section 49552. (3) On and after July 1, 2018, if at least 80 percent of the pupils enrolled in a school are needy children as defined in Section 49552, the school shall comply with both of the following requirements: (A) A nutritionally adequate breakfast shall be made available to pupils each schoolday. This breakfast shall be offered at no cost to the pupils. No pupil shall be required to consume a meal. (B) The breakfast provided pursuant to subparagraph (A) shall be available to pupils after instruction has begun for the schoolday. (d) As used in this section, “after instruction has begun for the schoolday” means after the time the schoolday has begun for a majority of the pupils enrolled at that school. (e) This section shall not be construed to require a school to set aside instructional time for the purpose of serving breakfast. 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 39719 of the Health and Safety Code is amended to read: 39719. (a) The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712. (b) To carry out a portion of the requirements of subdivision (a), annual proceeds are continuously appropriated for the following: (1) Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of annual proceeds are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as following: (A) Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code. (B) Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. Funds shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code. (C) Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual proceeds, shall be expended for affordable housing, consistent with the provisions of that program. (2) Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code: (A) Acquisition and construction costs of the project. (B) Environmental review and design costs of the project. (C) Other capital costs of the project. (D) Repayment of any loans made to the authority to fund the project. (3) Beginning in the 2016–17 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the Department of Water Resources to comply with the requirements of Chapter 4.5 (commencing with Section 430) of Division 1 of the Water Code. (c) In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the funds subject to Section 39719.1 shall not be included. SEC. 2. Chapter 4.5 (commencing with Section 430) is added to Division 1 of the Water Code, to read: CHAPTER 4.5. Water Storage and Reliability 430. (a) On or before January 1, 2017, the Department of Water Resources, after one or more public workshops, shall identify the current statewide water storage capacity, including local, state, and federal projects, and prepare a strategy and implementation plan to achieve an expansion in statewide water storage capacity of 25 percent by January 1, 2025, and 50 percent by January 1, 2050. (b) The Department of Water Resources shall provide a copy of the strategy and implementation plan to the appropriate policy committees of the Legislature and publish this information on the Department of Water Resources’ publicly available Internet Web site. (c) On January 1, 2018, and every two years thereafter, until January 1, 2050, the Department of Water Resources shall update the strategy and implementation plan to reflect any changes made to the strategy and plan. (d) The Department of Water Resources shall provide a copy of the updated strategy and implementation plans required pursuant to subdivision (c) to the appropriate policy committees of the Legislature and publish this information on the Department of Water Resources’ publicly available Internet Web site. 431. (a) The Department of Water Resources shall increase the state’s total water storage capacity by 25 percent by January 1, 2025, and by 50 percent by January 1, 2050. (b) The increase in water storage capacity required pursuant to subdivision (a) may be accomplished through a mix of both surface water and groundwater storage projects, including, but not limited to, all of the following: (1) Surface water storage projects identified in the CALFED Bay-Delta Program Record of Decision, dated August 28, 2000, except for projects prohibited by Chapter 1.4 (commencing with Section 5093.50) of Division 5 of the Public Resources Code. (2) Local and regional surface water storage projects. (3) Groundwater storage projects and groundwater contamination prevention or remediation projects that provide water storage benefits. (4) Conjunctive use and reservoir reoperation projects. 432. (a) On January 1, 2020, and every five years thereafter, until January 1, 2050, the Legislative Analyst’s Office shall report to the Legislature on the Department of Water Resources’ progress on fulfilling the requirements imposed under Section 431. (b) The Legislative Analyst’s Office shall include in the report required pursuant to subdivision (a) whether the Department of Water Resources is expected to achieve the water storage requirements imposed under Section 431 on time. SECTION 1. SEC. 3. Section 13145.5 is added to the Water Code, to read: 13145.5. In formulating state policy for water quality control and adopting or approving a water quality control plan for the Sacramento-San Joaquin Delta, the state board shall take into consideration, consistent with the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, any applicable groundwater sustainability plan or alternative adopted or approved under Part 2.74 (commencing with Section 10720) of Division 6 and available information and data regarding the impacts of groundwater use and management on beneficial uses of surface waters.

(1) Existing law establishes the Department of Water Resources in the Natural Resources Agency, and, among other things, empowers the department to conduct investigations of all or any portion of any stream, stream system, lake, or other body of water. Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board from the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions to be deposited in the Greenhouse Gas Reduction Fund. This bill would require the department to increase statewide water storage capacity by 25% by January 1, 2025, and 50% by January 1, 2050, as specified. The bill would require the department, on or before January 1, 2017, to identify the current statewide water storage capacity and prepare a strategy and implementation plan to achieve those expansions in statewide water storage capacity, and would require the department to update the strategy and implementation plan on January 1, 2018, and every 2 years thereafter, until January 1, 2050. The bill would require the Legislative Analyst’s Office to report to the Legislature on January 1, 2020, and every 5 years thereafter, until January 1, 2050, on the department’s progress on achieving those required increases in statewide water storage capacity, as specified. The bill would, beginning in the 2016–17 fiscal year, continuously appropriate 25% of the annual proceeds of the Greenhouse Gas Reduction Fund to the department to comply with these requirements. Existing (2) Existing law establishes the State Water Resources Control Board and the 9 California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law requires the state board to formulate and adopt state policy for water quality control. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region and prohibits a water quality control plan, or a revision of the plan, adopted by a regional board, from becoming effective unless it is approved by the state board. Existing law, the Sustainable Groundwater Management Act, requires all groundwater basins designated as high- or medium-priority basins by the Department of Water Resources that are designated as basins subject to critical conditions of overdraft to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2020, and requires all other groundwater basins designated as high- or medium-priority basins to be managed under a groundwater sustainability plan or coordinated groundwater sustainability plans by January 31, 2022, except as specified. This bill would require the state board, in formulating state policy for water quality control and adopting or approving a water quality control plan for the Sacramento-San Joaquin Delta, to take into consideration, consistent with the requirements of the California Environmental Quality Act, any applicable groundwater sustainability plan or alternative and available information and data regarding the impacts of groundwater use and management on beneficial uses of surface waters.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 39719 of the Health and Safety Code is amended to read: 39719. (a) The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712. (b) To carry out a portion of the requirements of subdivision (a), annual proceeds are continuously appropriated for the following: (1) Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of annual proceeds are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as following: (A) Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code. (B) Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. Funds shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code. (C) Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual proceeds, shall be expended for affordable housing, consistent with the provisions of that program. (2) Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code: (A) Acquisition and construction costs of the project. (B) Environmental review and design costs of the project. (C) Other capital costs of the project. (D) Repayment of any loans made to the authority to fund the project. (3) Beginning in the 2016–17 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the Department of Water Resources to comply with the requirements of Chapter 4.5 (commencing with Section 430) of Division 1 of the Water Code. (c) In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the funds subject to Section 39719.1 shall not be included. SEC. 2. Chapter 4.5 (commencing with Section 430) is added to Division 1 of the Water Code, to read: CHAPTER 4.5. Water Storage and Reliability 430. (a) On or before January 1, 2017, the Department of Water Resources, after one or more public workshops, shall identify the current statewide water storage capacity, including local, state, and federal projects, and prepare a strategy and implementation plan to achieve an expansion in statewide water storage capacity of 25 percent by January 1, 2025, and 50 percent by January 1, 2050. (b) The Department of Water Resources shall provide a copy of the strategy and implementation plan to the appropriate policy committees of the Legislature and publish this information on the Department of Water Resources’ publicly available Internet Web site. (c) On January 1, 2018, and every two years thereafter, until January 1, 2050, the Department of Water Resources shall update the strategy and implementation plan to reflect any changes made to the strategy and plan. (d) The Department of Water Resources shall provide a copy of the updated strategy and implementation plans required pursuant to subdivision (c) to the appropriate policy committees of the Legislature and publish this information on the Department of Water Resources’ publicly available Internet Web site. 431. (a) The Department of Water Resources shall increase the state’s total water storage capacity by 25 percent by January 1, 2025, and by 50 percent by January 1, 2050. (b) The increase in water storage capacity required pursuant to subdivision (a) may be accomplished through a mix of both surface water and groundwater storage projects, including, but not limited to, all of the following: (1) Surface water storage projects identified in the CALFED Bay-Delta Program Record of Decision, dated August 28, 2000, except for projects prohibited by Chapter 1.4 (commencing with Section 5093.50) of Division 5 of the Public Resources Code. (2) Local and regional surface water storage projects. (3) Groundwater storage projects and groundwater contamination prevention or remediation projects that provide water storage benefits. (4) Conjunctive use and reservoir reoperation projects. 432. (a) On January 1, 2020, and every five years thereafter, until January 1, 2050, the Legislative Analyst’s Office shall report to the Legislature on the Department of Water Resources’ progress on fulfilling the requirements imposed under Section 431. (b) The Legislative Analyst’s Office shall include in the report required pursuant to subdivision (a) whether the Department of Water Resources is expected to achieve the water storage requirements imposed under Section 431 on time. SECTION 1. SEC. 3. Section 13145.5 is added to the Water Code, to read: 13145.5. In formulating state policy for water quality control and adopting or approving a water quality control plan for the Sacramento-San Joaquin Delta, the state board shall take into consideration, consistent with the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, any applicable groundwater sustainability plan or alternative adopted or approved under Part 2.74 (commencing with Section 10720) of Division 6 and available information and data regarding the impacts of groundwater use and management on beneficial uses of surface waters. ### 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 6254.32 is added to the Government Code, to read: 6254.32. (a) Notwithstanding any other law, including, but not limited to, Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, a recording made by a body worn camera is confidential and shall not be disclosed, except that the recording shall be disclosed to the person whose image is recorded by the body worn camera. (b) The following definitions shall apply to this section: (1) “Body worn camera” means a device attached to the uniform or body of a peace officer that records video, audio, or both, in a digital or analog format. (2) “Peace officer” means any person designated as a peace officer pursuant to Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 6254.32 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: The need to protect individual privacy from the public disclosure of images captured by a body worn camera outweighs the interest in the public disclosure of that information. SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 6254.32 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: Protecting the privacy of a person whose image is captured by body worn cameras on local peace officers enhances public safety and the protection of individual rights, thereby furthering the purposes of Section 3 of Article I of the California Constitution. 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 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. SECTION 1. Section 832.7 of the Penal Code is amended to read: 832.7. (a)Peace officer or custodial officer personnel records and records maintained by any state or local agency pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. This section shall not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by a grand jury, a district attorney’s office, or the Attorney General’s office. (b)Notwithstanding subdivision (a), a department or agency shall release to the complaining party a copy of his or her own statements at the time the complaint is filed. (c)Notwithstanding subdivision (a), a department or agency that employs peace or custodial officers may disseminate data regarding the number, type, or disposition of complaints (sustained, not sustained, exonerated, or unfounded) made against its officers if that information is in a form that does not identify the individuals involved. (d)Notwithstanding subdivision (a), a department or agency that employs peace or custodial officers may release factual information concerning a disciplinary investigation if the officer who is the subject of the disciplinary investigation, or the officer’s agent or representative, publicly makes a statement he or she knows to be false concerning the investigation or the imposition of disciplinary action. Information may not be disclosed by the peace or custodial officer’s employer unless the false statement was published by an established medium of communication, including, but not limited to, television, radio, or a newspaper. Disclosure of factual information by the employing agency pursuant to this subdivision is limited to facts contained in the officer’s personnel file concerning the disciplinary investigation or imposition of disciplinary action that specifically refute the false statements made public by the peace or custodial officer or his or her agent or representative. (e)(1)The department or agency shall provide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition. (2)The notification described in this subdivision shall not be conclusive or binding or admissible as evidence in any separate or subsequent action or proceeding brought before an arbitrator, court, or judge of this state or the United States. (f)Nothing in this section shall affect the discovery or disclosure of information contained in a peace or custodial officer’s personnel file pursuant to Section 1043 of the Evidence Code.

(1) The California Public Records Act requires that public records be open to inspection at all times during the office hours of a state or local agency and that every person has a right to inspect any public record, except as specifically provided. The act further requires that a reasonably segregable portion of a public record be available for inspection by any person requesting the public record after deletion of the portions that are exempted by law. This bill would, notwithstanding any other law, prohibit the disclosure of a recording made by a body worn camera, as defined, except for requiring disclosure to the person whose image is recorded by the body worn camera. (2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (3) 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. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Existing law provides that peace officer or custodial officer personnel records and records maintained by any state or local agency, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery. Existing law describes exceptions to this policy, including data regarding the number, type, or disposition of complaints made against officers if that information is in a form that does not identify the individuals involved. This bill would make technical, nonsubstantive changes to these provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 6254.32 is added to the Government Code, to read: 6254.32. (a) Notwithstanding any other law, including, but not limited to, Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, a recording made by a body worn camera is confidential and shall not be disclosed, except that the recording shall be disclosed to the person whose image is recorded by the body worn camera. (b) The following definitions shall apply to this section: (1) “Body worn camera” means a device attached to the uniform or body of a peace officer that records video, audio, or both, in a digital or analog format. (2) “Peace officer” means any person designated as a peace officer pursuant to Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 6254.32 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: The need to protect individual privacy from the public disclosure of images captured by a body worn camera outweighs the interest in the public disclosure of that information. SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Section 6254.32 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: Protecting the privacy of a person whose image is captured by body worn cameras on local peace officers enhances public safety and the protection of individual rights, thereby furthering the purposes of Section 3 of Article I of the California Constitution. 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 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. SECTION 1. Section 832.7 of the Penal Code is amended to read: 832.7. (a)Peace officer or custodial officer personnel records and records maintained by any state or local agency pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. This section shall not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by a grand jury, a district attorney’s office, or the Attorney General’s office. (b)Notwithstanding subdivision (a), a department or agency shall release to the complaining party a copy of his or her own statements at the time the complaint is filed. (c)Notwithstanding subdivision (a), a department or agency that employs peace or custodial officers may disseminate data regarding the number, type, or disposition of complaints (sustained, not sustained, exonerated, or unfounded) made against its officers if that information is in a form that does not identify the individuals involved. (d)Notwithstanding subdivision (a), a department or agency that employs peace or custodial officers may release factual information concerning a disciplinary investigation if the officer who is the subject of the disciplinary investigation, or the officer’s agent or representative, publicly makes a statement he or she knows to be false concerning the investigation or the imposition of disciplinary action. Information may not be disclosed by the peace or custodial officer’s employer unless the false statement was published by an established medium of communication, including, but not limited to, television, radio, or a newspaper. Disclosure of factual information by the employing agency pursuant to this subdivision is limited to facts contained in the officer’s personnel file concerning the disciplinary investigation or imposition of disciplinary action that specifically refute the false statements made public by the peace or custodial officer or his or her agent or representative. (e)(1)The department or agency shall provide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition. (2)The notification described in this subdivision shall not be conclusive or binding or admissible as evidence in any separate or subsequent action or proceeding brought before an arbitrator, court, or judge of this state or the United States. (f)Nothing in this section shall affect the discovery or disclosure of information contained in a peace or custodial officer’s personnel file pursuant to Section 1043 of the Evidence 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 35554 of the Vehicle Code, as amended by Section 2 of Chapter 263 of the Statutes of 2014, is amended to read: 35554. (a) (1) Notwithstanding Section 35550, the maximum gross weight on any one axle of a bus shall not exceed 20,500 pounds. (2) This subdivision does not apply to a transit bus procured through a solicitation process pursuant to which a solicitation was issued before January 1, 2016. This subdivision does not apply to a bus purchased during an option period in a multiyear contract to purchase transit buses that is entered into before January 1, 2016, by a publicly owned or operated transit system, or an operator of a transit system under contract with a publicly owned or operated transit system, provided, however, that the option period does not exceed five years from the date of the original contract, or extend beyond January 1, 2021, whichever is earlier. (b) A transit bus is not subject to Section 35550. (c) Notwithstanding subdivision (a), the following provisions shall apply to a transit bus: (1) The curb weight on any one axle of a transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2016, and December 31, 2018, inclusive, shall not exceed 23,000 pounds. (2) The curb weight on any one axle of a transit bus procured through a solicitation process pursuant to which a solicitation was issued on or after January 1, 2019, shall not exceed 22,000 pounds. (d) Notwithstanding subdivisions (a) and (c), the following provisions shall apply to an articulated transit bus or zero-emission transit bus: (1) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2016, and December 31, 2017, inclusive, shall not exceed 25,000 pounds. (2) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2018, and December 31, 2019, inclusive, shall not exceed 24,000 pounds. (3) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2020, and December 31, 2021, inclusive, shall not exceed 23,000 pounds. (4) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued on or after January 1, 2022, shall not exceed 22,000 pounds. (e) Nothing in this article shall be construed to authorize a vehicle described in paragraph (2) of subdivision (a) or described in subdivision (c) or (d) to be operated in violation of Section 35753. (f) A transit operator operating an articulated transit bus shall, by July 1, 2016, provide notice to all cities and counties in whose jurisdiction the bus will operate in the upcoming calendar year, identifying the approximate routes upon which the bus is expected to be scheduled for service, including the names of streets and roads upon which that service is likely to take place. Thereafter, a transit operator operating an articulated transit bus shall annually provide notice by July 1, to all cities and counties in whose jurisdiction the bus will operate in the upcoming calendar year, identifying any changes to the service on those routes and any new routes upon which the bus is expected to be scheduled for the upcoming year. The notice shall include data from information provided by the bus manufacturer to the transit operator, identifying the weight of the articulated bus. (g) For purposes of this section, the term “curb weight” means the total weight of a fully loaded transit bus, including maximum fuel, oil, and coolant, and all equipment used in the normal operation of the bus, except without passengers or a driver. (h) Notwithstanding subdivisions (a) to (g), inclusive, a transit bus shall not operate on the Dwight D. Eisenhower System of Interstate and Defense Highways in excess of the weight limitation for transit buses specified in federal law. (i) If the gross weight imposed upon the highway by the wheels on any one axle of a transit bus exceeds 20,000 pounds, the axle shall be supported by four wheels bearing load upon the highway. 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, operative January 1, 2016, provides that the gross weight on any one axle of a bus shall not exceed 20,500 pounds. Existing law exempts from this limitation a transit bus procured through a solicitation process pursuant to which a solicitation was issued before January 1, 2013. A violation of this provision is a crime. This bill would exempt from the weight limitation transit buses procured through a solicitation process pursuant to which a solicitation was issued before January 1, 2016. The bill would provide that the weight limitation would not apply to a bus purchased during an option period in a multiyear contract to purchase transit buses that is entered into before January 1, 2016, by a publicly owned or operated transit system, or an operator of a transit system under contract with a publicly owned or operated transit system, provided that the option period does not exceed 5 years from the date of the original contract, or extend beyond January 1, 2021, whichever is earlier. This bill would also establish certain weight limitations for transit buses procured through a solicitation process pursuant to which a solicitation was issued at a specified time. The bill would provide that these provisions do not authorize the operation of a transit bus on a bridge or certain other structures if the gross weight of the transit bus is greater than the maximum weight which the bridge or other structure can safely sustain. The bill would require, if the gross weight imposed upon the highway by the wheels on any one axle of a transit bus exceeds 20,000 pounds, the axle to be supported by 4 wheels bearing load upon the highway. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. The bill would require a transit operator operating an articulated bus to provide notice, by July 1, 2016, to all cities and counties in whose jurisdiction the bus will operate in the upcoming calendar year, of the approximate routes upon which the bus will operate. The bill would also require an annual notice by July 1 thereafter to all cities and counties under whose jurisdiction the bus will operate, identifying any changes to the service on those routes or any new routes upon which the bus is expected to be scheduled for the upcoming calendar year. 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 35554 of the Vehicle Code, as amended by Section 2 of Chapter 263 of the Statutes of 2014, is amended to read: 35554. (a) (1) Notwithstanding Section 35550, the maximum gross weight on any one axle of a bus shall not exceed 20,500 pounds. (2) This subdivision does not apply to a transit bus procured through a solicitation process pursuant to which a solicitation was issued before January 1, 2016. This subdivision does not apply to a bus purchased during an option period in a multiyear contract to purchase transit buses that is entered into before January 1, 2016, by a publicly owned or operated transit system, or an operator of a transit system under contract with a publicly owned or operated transit system, provided, however, that the option period does not exceed five years from the date of the original contract, or extend beyond January 1, 2021, whichever is earlier. (b) A transit bus is not subject to Section 35550. (c) Notwithstanding subdivision (a), the following provisions shall apply to a transit bus: (1) The curb weight on any one axle of a transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2016, and December 31, 2018, inclusive, shall not exceed 23,000 pounds. (2) The curb weight on any one axle of a transit bus procured through a solicitation process pursuant to which a solicitation was issued on or after January 1, 2019, shall not exceed 22,000 pounds. (d) Notwithstanding subdivisions (a) and (c), the following provisions shall apply to an articulated transit bus or zero-emission transit bus: (1) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2016, and December 31, 2017, inclusive, shall not exceed 25,000 pounds. (2) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2018, and December 31, 2019, inclusive, shall not exceed 24,000 pounds. (3) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued between January 1, 2020, and December 31, 2021, inclusive, shall not exceed 23,000 pounds. (4) The curb weight on any one axle of an articulated transit bus or zero-emission transit bus procured through a solicitation process pursuant to which a solicitation was issued on or after January 1, 2022, shall not exceed 22,000 pounds. (e) Nothing in this article shall be construed to authorize a vehicle described in paragraph (2) of subdivision (a) or described in subdivision (c) or (d) to be operated in violation of Section 35753. (f) A transit operator operating an articulated transit bus shall, by July 1, 2016, provide notice to all cities and counties in whose jurisdiction the bus will operate in the upcoming calendar year, identifying the approximate routes upon which the bus is expected to be scheduled for service, including the names of streets and roads upon which that service is likely to take place. Thereafter, a transit operator operating an articulated transit bus shall annually provide notice by July 1, to all cities and counties in whose jurisdiction the bus will operate in the upcoming calendar year, identifying any changes to the service on those routes and any new routes upon which the bus is expected to be scheduled for the upcoming year. The notice shall include data from information provided by the bus manufacturer to the transit operator, identifying the weight of the articulated bus. (g) For purposes of this section, the term “curb weight” means the total weight of a fully loaded transit bus, including maximum fuel, oil, and coolant, and all equipment used in the normal operation of the bus, except without passengers or a driver. (h) Notwithstanding subdivisions (a) to (g), inclusive, a transit bus shall not operate on the Dwight D. Eisenhower System of Interstate and Defense Highways in excess of the weight limitation for transit buses specified in federal law. (i) If the gross weight imposed upon the highway by the wheels on any one axle of a transit bus exceeds 20,000 pounds, the axle shall be supported by four wheels bearing load upon the highway. 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. The Legislature finds and declares all of the following: (a) California supports the dignity, independence, and choice of seniors and persons with disabilities to live in the most integrated setting appropriate, in their own home or a community-based setting, and to be free from unnecessary institutionalization. (b) The American population is swiftly aging. According to the federal Centers for Disease Control and Prevention, in 2007 individuals 65 years of age and over represented 12.6 percent of the American population; by 2030 it is estimated the older adult population will reach 20 percent of the whole, with 70 million adults over 65 years of age. Many of these adults will experience disability and chronic conditions. The Alzheimer’s Association reports that over five million Americans are living with Alzheimer’s disease and that number will grow to 16 million by 2050, with the cost of caring for those individuals growing from $203 billion in 2013 to $1.2 trillion by mid-century. (c) According to the United States Census, California’s older adult population is the country’s largest, with over four million seniors currently residing in the state. The California Department of Aging reports that one in every five Californians is now 60 years of age or older and 40 percent of those individuals have a disability. The state’s population is also diverse: just under one-half million older adults in the state identify as Latino or Hispanic, 354,000 identify as Asian, over 182,000 as African American, and over 100,000 people as Native American, Pacific Islander, or multiracial. (d) Adult Day Health Care (ADHC) was established in California in 1974 as a service designed to meet the needs of older adults and adults with disabilities in community settings rather than in institutional care. ADHC centers are licensed daytime health facilities that provide integrated services from a multidisciplinary team including nurses, social workers, occupational therapists, and other professionals. (e) ADHC centers serve frail elders and other adults with disabilities, chronic conditions, and complex care needs, such as Alzheimer’s disease or other dementia, diabetes, high blood pressure, mental health diagnoses, traumatic brain injury, and people who have had a stroke or breathing problems or who cannot take medications properly. (f) ADHC centers also offer caregiver support, addressing research findings that identify caregiver stress as a leading cause of placement in a nursing facility, as well as putting the aging or disabled adult at increased risk for abuse or neglect. (g) ADHC services include health, therapeutic, and social services including transportation; skilled nursing care; physical, occupational, and speech therapy; medical social work services; therapeutic exercise activities; protective supervision; activities of daily living; brain-stimulating activities; and a nutritionally balanced hot meal. Services are provided in accordance with a person-centered care plan designed after a three-day interdisciplinary team assessment that includes a home visit and communication with the participant’s primary care physician. (h) ADHC participants, who are at risk of institutionalization, receive services in the center and return to their own homes at night. According to a 2012 study by the California Medicaid Research Institute, the statewide weighted average annual per person nursing home cost for Medi-Cal/Medicare recipients in California is $83,364, while the average annual expenditure per person for ADHC for this population is $9,312. (i) ADHC centers are licensed by the State Department of Public Health and overseen by the California Department of Aging and the State Department of Health Care Services. (j) In 1977, Senator Henry Mello issued a report that identified the need for 600 ADHC centers statewide to meet the needs of California’s elder population. At its peak in 2004, approximately 360 ADHC centers provided care to over 40,000 medically fragile Californians. In December 2013, there were a total of 270 open ADHC centers in California, including 245 serving the Medi-Cal population, two centers serving private-pay clients, and 23 centers associated with Programs of All-Inclusive Care for the Elderly. Medi-Cal recipients receiving services at ADHC centers totaled 28,777 persons. (k) In 2015, 32 California counties do not have an adult day health center, including Alpine, Amador, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Inyo, Kings, Lake, Lassen, Madera, Mariposa, Mendocino, Modoc, Mono, Nevada, Placer, Plumas, San Benito, San Joaquin, San Luis Obispo, Sierra, Siskiyou, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba. (l) For many years, ADHC was a state plan optional benefit of the Medi-Cal program, offering an integrated medical and social services model of care that helped individuals continue to live outside of nursing homes or other institutions. (m) California’s adult day services have experienced significant instability in recent years due to California’s fiscal crisis and subsequent budget reductions. The Budget Act of 2011 and the related trailer bill, Chapter 3 of the Statutes of 2011, eliminated ADHC as a Medi-Cal optional state plan benefit. (n) A class action lawsuit, Esther Darling, et al. v. Toby Douglas, et al., challenged the elimination of ADHC as a violation of the Supreme Court decision in Olmstead v. L.C. The state settled the lawsuit, agreeing to replace ADHC services with a new program called Community-Based Adult Services (CBAS), effective April 1, 2012, to provide necessary medical and social services to individuals with intensive health care needs. CBAS is a managed care benefit, administered through California’s Medi-Cal Managed Care Organizations. For CBAS-eligible individuals who do not qualify for managed care enrollment and who have an approved medical exemption or who reside in a county where managed care is currently not available, CBAS services are provided as a Medi-Cal fee-for-service benefit. (o) The State Department of Health Care Services amended the “California Bridge to Reform” Section 1115 Waiver to include the new CBAS program, which was approved by the Centers for Medicare and Medicaid Services on March 30, 2012, and renewed on November 28, 2014. CBAS is operational under the Section 1115 Bridge to Reform Waiver through October 31, 2015. (p) Adult day services and CBAS programs remain a source of necessary skilled nursing, therapeutic services, personal care, supervision, health monitoring, and caregiver support. The state’s demographic forecast projects the continued growth of the aging population at least through the year 2050, thereby increasing the need and demand for integrated, community-based services. (q) Continuation of a well-defined and well-regulated system of CBAS programs is essential in order to meet the rapidly changing needs of California’s diverse and aging population and the state’s goals for the Coordinated Care Initiative. (r) Ensuring that the key elements of the CBAS program are codified in state law stabilizes the program’s structure and eligibility framework in order to enable thousands of disabled and frail Californians who rely upon adult day health programs today, and those who will need this service in the future, to be able to continue to receive services that support them in remaining independent and free of institutionalization for as long as possible. SEC. 2. Article 7 (commencing with Section 14590.10) is added to Chapter 8.7 of Part 3 of Division 9 of the Welfare and Institutions Code, to read: Article 7. Community-Based Adult Services 14590.10. (a) Notwithstanding the operational period of CBAS as specified in the Special Terms and Conditions of California’s Bridge to Reform Section 1115(a) Medicaid Demonstration (11-W-00193/9), CBAS shall be a Medi-Cal benefit and shall be available as a covered service in contracts with managed health care plans with the standards, eligibility criteria, and provisions that are described in the Special Terms and Conditions of California’s Bridge to Reform Section 1115(a) Medicaid Demonstration (11-W-00193/9) and any successor federal authorities. (b) CBAS shall be available to beneficiaries who meet all of the following qualifications: (1) The beneficiary is 18 years of age or older. (2) The beneficiary derives his or her Medicaid eligibility from the state plan and is either aged, blind, or disabled, including those who are recipients of Medicare. (3) The beneficiary is a Medi-Cal managed care plan member or is exempt from enrollment in Medi-Cal managed care. (4) The beneficiary resides within a geographic service area in which the CBAS benefit was available as of April 1, 2012, as more fully described in Special Terms and Conditions 95(b), or is determined to be eligible for the CBAS benefit by a managed care plan that contracts with CBAS providers pursuant to Special Terms and Conditions 95(b) and Special Terms and Conditions 98(a)(ii). (5) The beneficiary shall meet or exceed the medical necessity criteria established in Section 14526.1 and for whom one of the following criteria is present: (A) The beneficiary meets or exceeds the “Nursing Facility Level of Care A” (NF-A) criteria as set forth in the California Code of Regulations. (B) Both of the following apply to the beneficiary: (i) The beneficiary has a diagnosed organic, acquired, or traumatic brain injury or a chronic mental disorder, or both. For the purpose of this clause, “chronic mental disorder” means that the beneficiary has one or more of the following diagnoses or their successor diagnoses included in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association: (I) A pervasive developmental disorder. (II) An attention deficit and disruptive behavior disorder. (III) A feeding and eating disorder of infancy, childhood, or adolescence. (IV) An elimination disorder. (V) A schizophrenia and other psychiatric disorder. (VI) A mood disorder. (VII) An anxiety disorder. (VIII) A somatoform disorder. (IX) A factitious disorder. (X) A dissociative disorder. (XI) Paraphilia. (XII) An eating disorder. (XIII) An impulse control disorder not elsewhere classified. (XIV) An adjustment disorder. (XV) A personality disorder. (XVI) A medication-induced movement disorder. (ii) The beneficiary needs assistance or supervision as described in subclause (I) or (II). (I) The beneficiary needs assistance or supervision with at least two of the following: (ia) Bathing. (ib) Dressing. (ic) Self-feeding. (id) Toileting. (ie) Ambulating. (if) Transferring. (ig) Medication management. (ih) Hygiene. (II) The beneficiary needs assistance or supervision with at least one of the activities identified in subclause (I) and needs assistance with at least one of the following: (ia) Money management. (ib) Accessing community and health resources. (ic) Meal preparation. (id) Transportation. (C) The beneficiary has a moderate to severe cognitive disorder such as dementia, including dementia characterized by the descriptors of, or equivalent to, Stages 5, 6, or 7 of the Alzheimer’s type. (D) The beneficiary has a mild cognitive disorder such as dementia, including dementia of the Alzheimer’s type, and needs assistance or supervision with at least two of the following activities: (i) Bathing. (ii) Dressing. (iii) Self-feeding. (iv) Toileting. (v) Ambulating. (vi) Transferring. (vii) Medication management. (viii) Hygiene. (E) The beneficiary has a developmental disability. For the purpose of this subparagraph, “developmental disability” means a disability that originates before the individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual as defined in Section 54001 of Title 17 of the California Code of Regulations. (c) (1) CBAS providers shall be licensed as adult day health care centers and certified by the California Department of Aging as CBAS providers, and shall meet the standards specified in this chapter and Chapter 5 (commencing with Section 54001) of Division 3 of Title 22 of the California Code of Regulations. (2) CBAS providers shall meet all applicable licensing and Medi-Cal standards, including, but not limited to, licensing provisions in Division 2 (commencing with Section 1200) of the Health and Safety Code, including Chapter 3.3 (commencing with Section 1570) of Division 2 of the Health and Safety Code, and shall provide services in accordance with Chapter 10 (commencing with Section 78001) of Division 5 of Title 22 of the California Code of Regulations. (3) CBAS providers shall comply with the provisions of California’s Bridge to Reform Section 1115(a) Medicaid Demonstration (11-W-00193/9) and any successor federal authorities. (d) In counties where the State Department of Health Care Services has implemented Medi-Cal managed care, CBAS shall be available as a Medi-Cal managed care benefit pursuant to Section 14186.3, except that for individuals who qualify for CBAS, but who are not qualified for, or who are exempt from, enrollment in Medi-Cal managed care, CBAS shall be provided as a fee-for-service Medi-Cal benefit. (e) For purposes of this section, “Community-Based Adult Services” or “CBAS” means an outpatient, facility-based program, provided pursuant to a participant’s individualized plan of care, as developed by the center’s multidisciplinary team, that delivers nutrition services, professional nursing care, therapeutic activities, facilitated participation in group or individual activities, social services, personal care services, and, when specified in the individual plan of care, physical therapy, occupational therapy, speech therapy, behavioral health services, registered dietician services, and transportation. (f) This section shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available and is not jeopardized.

Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified, low-income persons. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing law provides, to the extent permitted by federal law, that adult day health care (ADHC) be excluded from coverage under the Medi-Cal program. This bill would establish the Community-Based Adult Services (CBAS) program as a Medi-Cal benefit and would require CBAS to be available as a covered service in contracts with managed health care plans, as specified. The bill would specify eligibility requirements for participation in the CBAS program. The bill would require that CBAS providers be licensed as ADHC centers and certified by the California Department of Aging as CBAS providers. The bill would require CBAS providers to meet specified licensing requirements and to provide care in accordance with specified regulations. The bill would require that these provisions be implemented only if federal financial participation is available.

<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 supports the dignity, independence, and choice of seniors and persons with disabilities to live in the most integrated setting appropriate, in their own home or a community-based setting, and to be free from unnecessary institutionalization. (b) The American population is swiftly aging. According to the federal Centers for Disease Control and Prevention, in 2007 individuals 65 years of age and over represented 12.6 percent of the American population; by 2030 it is estimated the older adult population will reach 20 percent of the whole, with 70 million adults over 65 years of age. Many of these adults will experience disability and chronic conditions. The Alzheimer’s Association reports that over five million Americans are living with Alzheimer’s disease and that number will grow to 16 million by 2050, with the cost of caring for those individuals growing from $203 billion in 2013 to $1.2 trillion by mid-century. (c) According to the United States Census, California’s older adult population is the country’s largest, with over four million seniors currently residing in the state. The California Department of Aging reports that one in every five Californians is now 60 years of age or older and 40 percent of those individuals have a disability. The state’s population is also diverse: just under one-half million older adults in the state identify as Latino or Hispanic, 354,000 identify as Asian, over 182,000 as African American, and over 100,000 people as Native American, Pacific Islander, or multiracial. (d) Adult Day Health Care (ADHC) was established in California in 1974 as a service designed to meet the needs of older adults and adults with disabilities in community settings rather than in institutional care. ADHC centers are licensed daytime health facilities that provide integrated services from a multidisciplinary team including nurses, social workers, occupational therapists, and other professionals. (e) ADHC centers serve frail elders and other adults with disabilities, chronic conditions, and complex care needs, such as Alzheimer’s disease or other dementia, diabetes, high blood pressure, mental health diagnoses, traumatic brain injury, and people who have had a stroke or breathing problems or who cannot take medications properly. (f) ADHC centers also offer caregiver support, addressing research findings that identify caregiver stress as a leading cause of placement in a nursing facility, as well as putting the aging or disabled adult at increased risk for abuse or neglect. (g) ADHC services include health, therapeutic, and social services including transportation; skilled nursing care; physical, occupational, and speech therapy; medical social work services; therapeutic exercise activities; protective supervision; activities of daily living; brain-stimulating activities; and a nutritionally balanced hot meal. Services are provided in accordance with a person-centered care plan designed after a three-day interdisciplinary team assessment that includes a home visit and communication with the participant’s primary care physician. (h) ADHC participants, who are at risk of institutionalization, receive services in the center and return to their own homes at night. According to a 2012 study by the California Medicaid Research Institute, the statewide weighted average annual per person nursing home cost for Medi-Cal/Medicare recipients in California is $83,364, while the average annual expenditure per person for ADHC for this population is $9,312. (i) ADHC centers are licensed by the State Department of Public Health and overseen by the California Department of Aging and the State Department of Health Care Services. (j) In 1977, Senator Henry Mello issued a report that identified the need for 600 ADHC centers statewide to meet the needs of California’s elder population. At its peak in 2004, approximately 360 ADHC centers provided care to over 40,000 medically fragile Californians. In December 2013, there were a total of 270 open ADHC centers in California, including 245 serving the Medi-Cal population, two centers serving private-pay clients, and 23 centers associated with Programs of All-Inclusive Care for the Elderly. Medi-Cal recipients receiving services at ADHC centers totaled 28,777 persons. (k) In 2015, 32 California counties do not have an adult day health center, including Alpine, Amador, Calaveras, Colusa, Del Norte, El Dorado, Glenn, Inyo, Kings, Lake, Lassen, Madera, Mariposa, Mendocino, Modoc, Mono, Nevada, Placer, Plumas, San Benito, San Joaquin, San Luis Obispo, Sierra, Siskiyou, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba. (l) For many years, ADHC was a state plan optional benefit of the Medi-Cal program, offering an integrated medical and social services model of care that helped individuals continue to live outside of nursing homes or other institutions. (m) California’s adult day services have experienced significant instability in recent years due to California’s fiscal crisis and subsequent budget reductions. The Budget Act of 2011 and the related trailer bill, Chapter 3 of the Statutes of 2011, eliminated ADHC as a Medi-Cal optional state plan benefit. (n) A class action lawsuit, Esther Darling, et al. v. Toby Douglas, et al., challenged the elimination of ADHC as a violation of the Supreme Court decision in Olmstead v. L.C. The state settled the lawsuit, agreeing to replace ADHC services with a new program called Community-Based Adult Services (CBAS), effective April 1, 2012, to provide necessary medical and social services to individuals with intensive health care needs. CBAS is a managed care benefit, administered through California’s Medi-Cal Managed Care Organizations. For CBAS-eligible individuals who do not qualify for managed care enrollment and who have an approved medical exemption or who reside in a county where managed care is currently not available, CBAS services are provided as a Medi-Cal fee-for-service benefit. (o) The State Department of Health Care Services amended the “California Bridge to Reform” Section 1115 Waiver to include the new CBAS program, which was approved by the Centers for Medicare and Medicaid Services on March 30, 2012, and renewed on November 28, 2014. CBAS is operational under the Section 1115 Bridge to Reform Waiver through October 31, 2015. (p) Adult day services and CBAS programs remain a source of necessary skilled nursing, therapeutic services, personal care, supervision, health monitoring, and caregiver support. The state’s demographic forecast projects the continued growth of the aging population at least through the year 2050, thereby increasing the need and demand for integrated, community-based services. (q) Continuation of a well-defined and well-regulated system of CBAS programs is essential in order to meet the rapidly changing needs of California’s diverse and aging population and the state’s goals for the Coordinated Care Initiative. (r) Ensuring that the key elements of the CBAS program are codified in state law stabilizes the program’s structure and eligibility framework in order to enable thousands of disabled and frail Californians who rely upon adult day health programs today, and those who will need this service in the future, to be able to continue to receive services that support them in remaining independent and free of institutionalization for as long as possible. SEC. 2. Article 7 (commencing with Section 14590.10) is added to Chapter 8.7 of Part 3 of Division 9 of the Welfare and Institutions Code, to read: Article 7. Community-Based Adult Services 14590.10. (a) Notwithstanding the operational period of CBAS as specified in the Special Terms and Conditions of California’s Bridge to Reform Section 1115(a) Medicaid Demonstration (11-W-00193/9), CBAS shall be a Medi-Cal benefit and shall be available as a covered service in contracts with managed health care plans with the standards, eligibility criteria, and provisions that are described in the Special Terms and Conditions of California’s Bridge to Reform Section 1115(a) Medicaid Demonstration (11-W-00193/9) and any successor federal authorities. (b) CBAS shall be available to beneficiaries who meet all of the following qualifications: (1) The beneficiary is 18 years of age or older. (2) The beneficiary derives his or her Medicaid eligibility from the state plan and is either aged, blind, or disabled, including those who are recipients of Medicare. (3) The beneficiary is a Medi-Cal managed care plan member or is exempt from enrollment in Medi-Cal managed care. (4) The beneficiary resides within a geographic service area in which the CBAS benefit was available as of April 1, 2012, as more fully described in Special Terms and Conditions 95(b), or is determined to be eligible for the CBAS benefit by a managed care plan that contracts with CBAS providers pursuant to Special Terms and Conditions 95(b) and Special Terms and Conditions 98(a)(ii). (5) The beneficiary shall meet or exceed the medical necessity criteria established in Section 14526.1 and for whom one of the following criteria is present: (A) The beneficiary meets or exceeds the “Nursing Facility Level of Care A” (NF-A) criteria as set forth in the California Code of Regulations. (B) Both of the following apply to the beneficiary: (i) The beneficiary has a diagnosed organic, acquired, or traumatic brain injury or a chronic mental disorder, or both. For the purpose of this clause, “chronic mental disorder” means that the beneficiary has one or more of the following diagnoses or their successor diagnoses included in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association: (I) A pervasive developmental disorder. (II) An attention deficit and disruptive behavior disorder. (III) A feeding and eating disorder of infancy, childhood, or adolescence. (IV) An elimination disorder. (V) A schizophrenia and other psychiatric disorder. (VI) A mood disorder. (VII) An anxiety disorder. (VIII) A somatoform disorder. (IX) A factitious disorder. (X) A dissociative disorder. (XI) Paraphilia. (XII) An eating disorder. (XIII) An impulse control disorder not elsewhere classified. (XIV) An adjustment disorder. (XV) A personality disorder. (XVI) A medication-induced movement disorder. (ii) The beneficiary needs assistance or supervision as described in subclause (I) or (II). (I) The beneficiary needs assistance or supervision with at least two of the following: (ia) Bathing. (ib) Dressing. (ic) Self-feeding. (id) Toileting. (ie) Ambulating. (if) Transferring. (ig) Medication management. (ih) Hygiene. (II) The beneficiary needs assistance or supervision with at least one of the activities identified in subclause (I) and needs assistance with at least one of the following: (ia) Money management. (ib) Accessing community and health resources. (ic) Meal preparation. (id) Transportation. (C) The beneficiary has a moderate to severe cognitive disorder such as dementia, including dementia characterized by the descriptors of, or equivalent to, Stages 5, 6, or 7 of the Alzheimer’s type. (D) The beneficiary has a mild cognitive disorder such as dementia, including dementia of the Alzheimer’s type, and needs assistance or supervision with at least two of the following activities: (i) Bathing. (ii) Dressing. (iii) Self-feeding. (iv) Toileting. (v) Ambulating. (vi) Transferring. (vii) Medication management. (viii) Hygiene. (E) The beneficiary has a developmental disability. For the purpose of this subparagraph, “developmental disability” means a disability that originates before the individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual as defined in Section 54001 of Title 17 of the California Code of Regulations. (c) (1) CBAS providers shall be licensed as adult day health care centers and certified by the California Department of Aging as CBAS providers, and shall meet the standards specified in this chapter and Chapter 5 (commencing with Section 54001) of Division 3 of Title 22 of the California Code of Regulations. (2) CBAS providers shall meet all applicable licensing and Medi-Cal standards, including, but not limited to, licensing provisions in Division 2 (commencing with Section 1200) of the Health and Safety Code, including Chapter 3.3 (commencing with Section 1570) of Division 2 of the Health and Safety Code, and shall provide services in accordance with Chapter 10 (commencing with Section 78001) of Division 5 of Title 22 of the California Code of Regulations. (3) CBAS providers shall comply with the provisions of California’s Bridge to Reform Section 1115(a) Medicaid Demonstration (11-W-00193/9) and any successor federal authorities. (d) In counties where the State Department of Health Care Services has implemented Medi-Cal managed care, CBAS shall be available as a Medi-Cal managed care benefit pursuant to Section 14186.3, except that for individuals who qualify for CBAS, but who are not qualified for, or who are exempt from, enrollment in Medi-Cal managed care, CBAS shall be provided as a fee-for-service Medi-Cal benefit. (e) For purposes of this section, “Community-Based Adult Services” or “CBAS” means an outpatient, facility-based program, provided pursuant to a participant’s individualized plan of care, as developed by the center’s multidisciplinary team, that delivers nutrition services, professional nursing care, therapeutic activities, facilitated participation in group or individual activities, social services, personal care services, and, when specified in the individual plan of care, physical therapy, occupational therapy, speech therapy, behavioral health services, registered dietician services, and transportation. (f) This section shall be implemented only to the extent that any necessary federal approvals are obtained and federal financial participation is available and is not jeopardized. ### Summary: This bill codifies the Community-Based Adult Services (CBAS) program, which was established in 2012 to replace the Adult Day Health Care

The people of the State of California do enact as follows: SECTION 1. Section 281 of the Public Utilities Code is amended to read: 281. (a) The commission shall develop, implement, and administer the California Advanced Services Fund program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section. (b) (1) The goal of the program is, no later than December 31, 2015, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households. (2) In approving infrastructure projects, the commission shall give priority to projects that provide last-mile broadband access to households that are unserved by an existing facilities-based broadband provider. The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application. (c) The commission shall establish the following accounts within the fund: (1) The Broadband Infrastructure Grant Account. (2) The Rural and Urban Regional Broadband Consortia Grant Account. (3) The Broadband Infrastructure Revolving Loan Account. (4) The Broadband Public Housing Account. (d) (1) All moneys collected by the surcharge authorized by the commission pursuant to Decision 07-12-054 shall be transmitted 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 Advanced Services Fund. Moneys collected on and after January 1, 2011, shall be deposited in the following amounts in the following accounts: (A) One hundred ninety million dollars ($190,000,000) into the Broadband Infrastructure Grant Account. (B) Fifteen million dollars ($15,000,000) into the Rural and Urban Regional Broadband Consortia Grant Account. (C) Ten million dollars ($10,000,000) into the Broadband Infrastructure Revolving Loan Account. (2) All interest earned on moneys in the fund shall be deposited in the fund. (3) The commission shall not collect moneys, by imposing the surcharge described in paragraph (1) for deposit in the fund, in an amount that exceeds one hundred million dollars ($100,000,000) before January 1, 2011. On and after January 1, 2011, the commission may collect an additional sum not to exceed two hundred fifteen million dollars ($215,000,000), for a sum total of moneys collected by imposing the surcharge described in paragraph (1) not to exceed three hundred fifteen million dollars ($315,000,000). The commission may collect the additional sum beginning with the calendar year starting on January 1, 2011, and continuing through the 2020 calendar year, in an amount not to exceed twenty-five million dollars ($25,000,000) per year, unless the commission determines that collecting a higher amount in any year will not result in an increase in the total amount of all surcharges collected from telephone customers that year. (e) (1) All moneys in the California Advanced Services Fund shall be available, upon appropriation by the Legislature, to the commission for the program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund. (2) Notwithstanding any other law and for the sole purpose of providing matching funds pursuant to the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), any entity eligible for funding pursuant to that act shall be eligible to apply to participate in the program administered by the commission pursuant to this section, if that entity otherwise satisfies the eligibility requirements under that program. Nothing in this section shall impede the ability of an incumbent local exchange carrier, as defined by subsection (h) of Section 251 of Title 47 of the United States Code, that is regulated under a rate of return regulatory structure, to recover, in rate base, California infrastructure investment not provided through federal or state grant funds for facilities that provide broadband service and California intrastate voice service. (3) Notwithstanding subdivision (b) of Section 270, an entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved or underserved household, as defined in commission Decision 12-02-015, if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission. These requirements shall include all of the following: (A) That projects under this paragraph provide last-mile broadband access to households that are unserved by an existing facilities-based broadband provider and only receive funding to provide broadband access to households that are unserved or underserved, as defined in commission Decision 12-02-015. (B) That funding for a project providing broadband access to an underserved household shall not be approved until after any existing facilities-based provider has an opportunity to demonstrate to the commission that it will, within a reasonable timeframe, upgrade existing service. An existing facilities-based provider may, but is not required to, apply for funding under this section to make that upgrade. (C) That the commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application. (D) That a local governmental agency may be eligible for an infrastructure grant only if the infrastructure project is for an unserved household or business, the commission has conducted an open application process, and no other eligible entity applied. (E) That the commission shall establish a service list of interested parties to be notified of California Advanced Services Fund applications. (f) Moneys in the Rural and Urban Regional Broadband Consortia Grant Account shall be available for grants to eligible consortia to fund the cost of broadband deployment activities other than the capital cost of facilities, as specified by the commission. An eligible consortium may include, as specified by the commission, representatives of organizations, including, but not limited to, local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, and business, and is not required to have as its lead fiscal agent an entity with a certificate of public convenience and necessity. (g) Moneys in the Broadband Infrastructure Revolving Loan Account shall be available to finance capital costs of broadband facilities not funded by a grant from the Broadband Infrastructure Grant Account. The commission shall periodically set interest rates on the loans based on surveys of existing financial markets. (h) (1) For purposes of this subdivision, the following terms have the following meanings: (A) “Publicly subsidized” means either that the housing development receives financial assistance from the United States Department of Housing and Urban Development pursuant to an annual contribution contract or is financed with low-income housing tax credits, tax-exempt mortgage revenue bonds, general obligation bonds, or local, state, or federal loans or grants and the rents of the occupants, who are lower income households, do not exceed those prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance. (B) “Publicly supported community” means a publicly subsidized multifamily housing development that is wholly owned by either of the following: (i) A public housing agency that has been chartered by the state, or by any city or county in the state, and has been determined to be an eligible public housing agency by the United States Department of Housing and Urban Development. (ii) An incorporated nonprofit organization as described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) that is exempt from taxation under Section 501(a) of that code (16 U.S.C. Sec. 501(a)), and that has received public funding to subsidize the construction or maintenance of housing occupied by residents whose annual income qualifies as “low” or “very low” income according to federal poverty guidelines. (2) Notwithstanding subdivision (b) of Section 270, moneys in the Broadband Public Housing Account shall be available for the commission to award grants and loans pursuant to this subdivision to an eligible publicly supported community if that entity otherwise meets eligibility requirements and complies with program requirements established by the commission. (3) Not more than twenty million dollars ($20,000,000) shall be available for grants and loans to a publicly supported community to finance a project to connect a broadband network to that publicly supported community. A publicly supported community may be an eligible applicant only if the publicly supported community can verify to the commission that the publicly supported community has not denied a right of access to any broadband provider that is willing to connect a broadband network to the facility for which the grant or loan is sought. (4) (A) Not more than five million dollars ($5,000,000) shall be available for grants and loans to a publicly supported community to support programs designed to increase adoption rates for broadband services for residents of that publicly supported community. A publicly supported community may be eligible for funding for a broadband adoption program only if the residential units in the facility to be served have access to broadband services or will have access to broadband services at the time the funding for adoption is implemented. (B) A publicly supported community may contract with other nonprofit or public agencies to assist in implementation of a broadband adoption program. (5) To the extent feasible, the commission shall approve projects for funding from the Broadband Public Housing Account in a manner that reflects the statewide distribution of publicly supported communities. (6) In reviewing a project application under this subdivision, the commission shall consider the availability of other funding sources for that project, any financial contribution from the broadband service provider to the project, the availability of any other public or private broadband adoption or deployment program, including tax credits and other incentives, and whether the applicant has sought funding from, or participated in, any reasonably available program. The commission may require an applicant to provide match funding, and shall not deny funding for a project solely because the applicant is receiving funding from another source. (7) (A) To provide funding for the purposes of this subdivision, the commission shall transfer to the Broadband Public Housing Account twenty million dollars ($20,000,000) from the Broadband Infrastructure Grant Account and five million dollars ($5,000,000) from the Broadband Revolving Loan Account. Any moneys in the Broadband Public Housing Account that have not been awarded pursuant to this subdivision by December 31, 2016, shall be transferred back to the Broadband Infrastructure Grant Account and Broadband Infrastructure Revolving Loan Account in proportion to the amount transferred from the respective accounts. (B) The commission shall transfer funds pursuant to subparagraph (A) only if the commission is otherwise authorized to collect funds for purposes of this section in excess of the total amount authorized pursuant to paragraph (3) of subdivision (d). (i) (1) The commission shall conduct two interim financial audits and a final financial audit and two interim performance audits and a final performance audit of the implementation and effectiveness of the California Advanced Services Fund to ensure that funds have been expended in accordance with the approved terms of the grant awards and loan agreements and this section. The commission shall report its interim findings to the Legislature by April 1, 2011, and April 1, 2017. The commission shall report its final findings to the Legislature by April 1, 2021. The reports shall also include an update to the maps in the final report of the California Broadband Task Force and data on the types and numbers of jobs created as a result of the program administered by the commission pursuant to this section. (2) (A) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2022, pursuant to Section 10231.5 of the Government Code. (B) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (j) (1) Beginning on January 1, 2012, and annually thereafter, the commission shall provide a report to the Legislature that includes all of the following information: (A) The amount of funds expended from the California Advanced Services Fund in the prior year. (B) The recipients of funds expended from the California Advanced Services Fund in the prior year. (C) The geographic regions of the state affected by funds expended from the California Advanced Services Fund in the prior year. (D) The expected benefits to be derived from the funds expended from the California Advanced Services Fund in the prior year. (E) Actual broadband adoption levels from the funds expended from the California Advanced Services Fund in the prior year. (F) The amount of funds expended from the California Advanced Services Fund used to match federal funds. (G) An update on the expenditures from California Advanced Services Fund and broadband adoption levels, and an accounting of remaining unserved and underserved households and areas of the state. (H) The status of the California Advanced Services Fund balance and the projected amount to be collected in each year through 2020 to fund approved projects. (2) (A) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. (B) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: The immediate continuation of assistance with broadband deployment is a primary purpose of the Rural and Urban Regional Broadband Consortia Grant Account. In order to ensure funding for regular broadband consortia activities, adequate funding must be made available. The Rural and Urban Regional Broadband Consortia Grant Account has been exhausted and unless moneys are made available immediately, deployment activities could cease.

Existing law, the federal Telecommunications Act of 1996, establishes a program of cooperative federalism for the regulation of telecommunications to attain the goal of local competition, while implementing specific, predictable, and sufficient federal and state mechanisms to preserve and advance universal service, consistent with certain universal service principles. The universal service principles include the principle that consumers in all regions of the nation, including low-income consumers and those in rural, insular, and high-cost areas, should have access to telecommunications and information services, including interexchange services and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas. The act authorizes each state to adopt regulations to provide for additional definitions and standards to preserve and advance universal service within the state, only to the extent that they adopt additional specific, predictable, and sufficient mechanisms that do not rely on or burden federal universal service support mechanisms. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations, as defined. Existing law establishes the California Advanced Services Fund, referred to as the CASF, in the State Treasury. Existing law requires the commission to develop, implement, and administer the CASF to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and substantial social benefits of advanced information and communications technologies, as provided in specified decisions of the commission and in the CASF statute. Existing law establishes 4 accounts, the Broadband Infrastructure Grant Account, the Rural and Urban Regional Broadband Consortia Grant Account, the Broadband Infrastructure Revolving Loan Account, and the Broadband Public Housing Account within the CASF. Existing law requires that of the moneys collected for CASF on and after January 1, 2011, $10,000,000 is to be deposited into the Rural and Urban Regional Broadband Consortia Grant Account and used for specified purposes, and $15,000,000 is to be deposited into the Broadband Infrastructure Revolving Loan Account and used for specified purposes. This bill would require that of the moneys collected for CASF on and after January 1, 2011, $15,000,000 is to be deposited into the Rural and Urban Regional Broadband Consortia Grant Account and used for specified purposes, and $10,000,000 is to be deposited into the Broadband Infrastructure Revolving Loan Account and used for specified purposes. 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 281 of the Public Utilities Code is amended to read: 281. (a) The commission shall develop, implement, and administer the California Advanced Services Fund program to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section. (b) (1) The goal of the program is, no later than December 31, 2015, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households. (2) In approving infrastructure projects, the commission shall give priority to projects that provide last-mile broadband access to households that are unserved by an existing facilities-based broadband provider. The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application. (c) The commission shall establish the following accounts within the fund: (1) The Broadband Infrastructure Grant Account. (2) The Rural and Urban Regional Broadband Consortia Grant Account. (3) The Broadband Infrastructure Revolving Loan Account. (4) The Broadband Public Housing Account. (d) (1) All moneys collected by the surcharge authorized by the commission pursuant to Decision 07-12-054 shall be transmitted 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 Advanced Services Fund. Moneys collected on and after January 1, 2011, shall be deposited in the following amounts in the following accounts: (A) One hundred ninety million dollars ($190,000,000) into the Broadband Infrastructure Grant Account. (B) Fifteen million dollars ($15,000,000) into the Rural and Urban Regional Broadband Consortia Grant Account. (C) Ten million dollars ($10,000,000) into the Broadband Infrastructure Revolving Loan Account. (2) All interest earned on moneys in the fund shall be deposited in the fund. (3) The commission shall not collect moneys, by imposing the surcharge described in paragraph (1) for deposit in the fund, in an amount that exceeds one hundred million dollars ($100,000,000) before January 1, 2011. On and after January 1, 2011, the commission may collect an additional sum not to exceed two hundred fifteen million dollars ($215,000,000), for a sum total of moneys collected by imposing the surcharge described in paragraph (1) not to exceed three hundred fifteen million dollars ($315,000,000). The commission may collect the additional sum beginning with the calendar year starting on January 1, 2011, and continuing through the 2020 calendar year, in an amount not to exceed twenty-five million dollars ($25,000,000) per year, unless the commission determines that collecting a higher amount in any year will not result in an increase in the total amount of all surcharges collected from telephone customers that year. (e) (1) All moneys in the California Advanced Services Fund shall be available, upon appropriation by the Legislature, to the commission for the program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund. (2) Notwithstanding any other law and for the sole purpose of providing matching funds pursuant to the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), any entity eligible for funding pursuant to that act shall be eligible to apply to participate in the program administered by the commission pursuant to this section, if that entity otherwise satisfies the eligibility requirements under that program. Nothing in this section shall impede the ability of an incumbent local exchange carrier, as defined by subsection (h) of Section 251 of Title 47 of the United States Code, that is regulated under a rate of return regulatory structure, to recover, in rate base, California infrastructure investment not provided through federal or state grant funds for facilities that provide broadband service and California intrastate voice service. (3) Notwithstanding subdivision (b) of Section 270, an entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved or underserved household, as defined in commission Decision 12-02-015, if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission. These requirements shall include all of the following: (A) That projects under this paragraph provide last-mile broadband access to households that are unserved by an existing facilities-based broadband provider and only receive funding to provide broadband access to households that are unserved or underserved, as defined in commission Decision 12-02-015. (B) That funding for a project providing broadband access to an underserved household shall not be approved until after any existing facilities-based provider has an opportunity to demonstrate to the commission that it will, within a reasonable timeframe, upgrade existing service. An existing facilities-based provider may, but is not required to, apply for funding under this section to make that upgrade. (C) That the commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application. (D) That a local governmental agency may be eligible for an infrastructure grant only if the infrastructure project is for an unserved household or business, the commission has conducted an open application process, and no other eligible entity applied. (E) That the commission shall establish a service list of interested parties to be notified of California Advanced Services Fund applications. (f) Moneys in the Rural and Urban Regional Broadband Consortia Grant Account shall be available for grants to eligible consortia to fund the cost of broadband deployment activities other than the capital cost of facilities, as specified by the commission. An eligible consortium may include, as specified by the commission, representatives of organizations, including, but not limited to, local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, and business, and is not required to have as its lead fiscal agent an entity with a certificate of public convenience and necessity. (g) Moneys in the Broadband Infrastructure Revolving Loan Account shall be available to finance capital costs of broadband facilities not funded by a grant from the Broadband Infrastructure Grant Account. The commission shall periodically set interest rates on the loans based on surveys of existing financial markets. (h) (1) For purposes of this subdivision, the following terms have the following meanings: (A) “Publicly subsidized” means either that the housing development receives financial assistance from the United States Department of Housing and Urban Development pursuant to an annual contribution contract or is financed with low-income housing tax credits, tax-exempt mortgage revenue bonds, general obligation bonds, or local, state, or federal loans or grants and the rents of the occupants, who are lower income households, do not exceed those prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance. (B) “Publicly supported community” means a publicly subsidized multifamily housing development that is wholly owned by either of the following: (i) A public housing agency that has been chartered by the state, or by any city or county in the state, and has been determined to be an eligible public housing agency by the United States Department of Housing and Urban Development. (ii) An incorporated nonprofit organization as described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) that is exempt from taxation under Section 501(a) of that code (16 U.S.C. Sec. 501(a)), and that has received public funding to subsidize the construction or maintenance of housing occupied by residents whose annual income qualifies as “low” or “very low” income according to federal poverty guidelines. (2) Notwithstanding subdivision (b) of Section 270, moneys in the Broadband Public Housing Account shall be available for the commission to award grants and loans pursuant to this subdivision to an eligible publicly supported community if that entity otherwise meets eligibility requirements and complies with program requirements established by the commission. (3) Not more than twenty million dollars ($20,000,000) shall be available for grants and loans to a publicly supported community to finance a project to connect a broadband network to that publicly supported community. A publicly supported community may be an eligible applicant only if the publicly supported community can verify to the commission that the publicly supported community has not denied a right of access to any broadband provider that is willing to connect a broadband network to the facility for which the grant or loan is sought. (4) (A) Not more than five million dollars ($5,000,000) shall be available for grants and loans to a publicly supported community to support programs designed to increase adoption rates for broadband services for residents of that publicly supported community. A publicly supported community may be eligible for funding for a broadband adoption program only if the residential units in the facility to be served have access to broadband services or will have access to broadband services at the time the funding for adoption is implemented. (B) A publicly supported community may contract with other nonprofit or public agencies to assist in implementation of a broadband adoption program. (5) To the extent feasible, the commission shall approve projects for funding from the Broadband Public Housing Account in a manner that reflects the statewide distribution of publicly supported communities. (6) In reviewing a project application under this subdivision, the commission shall consider the availability of other funding sources for that project, any financial contribution from the broadband service provider to the project, the availability of any other public or private broadband adoption or deployment program, including tax credits and other incentives, and whether the applicant has sought funding from, or participated in, any reasonably available program. The commission may require an applicant to provide match funding, and shall not deny funding for a project solely because the applicant is receiving funding from another source. (7) (A) To provide funding for the purposes of this subdivision, the commission shall transfer to the Broadband Public Housing Account twenty million dollars ($20,000,000) from the Broadband Infrastructure Grant Account and five million dollars ($5,000,000) from the Broadband Revolving Loan Account. Any moneys in the Broadband Public Housing Account that have not been awarded pursuant to this subdivision by December 31, 2016, shall be transferred back to the Broadband Infrastructure Grant Account and Broadband Infrastructure Revolving Loan Account in proportion to the amount transferred from the respective accounts. (B) The commission shall transfer funds pursuant to subparagraph (A) only if the commission is otherwise authorized to collect funds for purposes of this section in excess of the total amount authorized pursuant to paragraph (3) of subdivision (d). (i) (1) The commission shall conduct two interim financial audits and a final financial audit and two interim performance audits and a final performance audit of the implementation and effectiveness of the California Advanced Services Fund to ensure that funds have been expended in accordance with the approved terms of the grant awards and loan agreements and this section. The commission shall report its interim findings to the Legislature by April 1, 2011, and April 1, 2017. The commission shall report its final findings to the Legislature by April 1, 2021. The reports shall also include an update to the maps in the final report of the California Broadband Task Force and data on the types and numbers of jobs created as a result of the program administered by the commission pursuant to this section. (2) (A) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2022, pursuant to Section 10231.5 of the Government Code. (B) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (j) (1) Beginning on January 1, 2012, and annually thereafter, the commission shall provide a report to the Legislature that includes all of the following information: (A) The amount of funds expended from the California Advanced Services Fund in the prior year. (B) The recipients of funds expended from the California Advanced Services Fund in the prior year. (C) The geographic regions of the state affected by funds expended from the California Advanced Services Fund in the prior year. (D) The expected benefits to be derived from the funds expended from the California Advanced Services Fund in the prior year. (E) Actual broadband adoption levels from the funds expended from the California Advanced Services Fund in the prior year. (F) The amount of funds expended from the California Advanced Services Fund used to match federal funds. (G) An update on the expenditures from California Advanced Services Fund and broadband adoption levels, and an accounting of remaining unserved and underserved households and areas of the state. (H) The status of the California Advanced Services Fund balance and the projected amount to be collected in each year through 2020 to fund approved projects. (2) (A) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. (B) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: The immediate continuation of assistance with broadband deployment is a primary purpose of the Rural and Urban Regional Broadband Consortia Grant Account. In order to ensure funding for regular broadband consortia activities, adequate funding must be made available. The Rural and Urban Regional Broadband Consortia Grant Account has been exhausted and unless moneys are made available immediately, deployment activities could cease. ### 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, there were 29,757 fatal motor vehicle crashes and 1,530,000 nonfatal serious injury crashes in the United States. (b) Existing law requires, within 24 hours of the arrival of a patient in the emergency department of a general acute care hospital, including a motor vehicle crash victim, who is unconscious or otherwise incapable of communication, the hospital to make reasonable efforts to contact the patient’s agent, surrogate, or a family member or other person the hospital reasonably believes has the authority to make health care decisions on behalf of the patient. (c) Contrary to popular belief, emergency medical technicians and law enforcement do not have immediate access to family contact information following a motor vehicle crash involving individuals who are unconscious or unable to communicate, and, typically, on-scene law enforcement resort to searching personal belongings, such as a wallet, driver’s license, glove compartment, or cell phone for leads to the identity of a family member or next of kin. (d) Critical hours elapse as family members are not notified and unconscious motor vehicle crash victims enter the emergency department of a general acute care hospital without the benefit of family members to advocate on their behalf or provide important information to enhance medical care, as there is a national average of six hours’ lack of notice for in-state incidents and over two days’ lack of notice for out-of-state incidents. (e) In 2008, a VinECON policy resolution was adopted by the American Association of State Highway and Transportation Officials’ (AASHTO) Standing Committee on Highway Traffic Safety Subcommittee on Safety Management, with the support and assistance of the Healthcare Information Technology Standards Panel, the International Association of Chiefs of Police, the International Association of Fire Chiefs, the National Association of State EMS Officials, the International Association of Public-Safety Communications Officials, and the Governors Highway Safety Association. (f) The AASHTO VinECON policy resolution encouraged motor vehicle manufacturers to establish a national law enforcement vehicle identification number emergency contact locator database, in conjunction with the National Law Enforcement Telecommunication System (Nlets). (g) As authorized by the City of Los Angeles in 2013, pursuant to Council File No. 13-0002-S3, the City of Los Angeles adopted a resolution seeking a sponsor of California legislation to the Vehicle Code, relating to vehicles enforcing the AASHTO VinECON policy resolution. (h) A purchaser or lessee of a new motor vehicle from a new motor vehicle dealer in this state should have the right to voluntarily register at the point of sale an emergency contact to be stored in the VinECON database to be utilized by law enforcement if the motor vehicle is involved in a crash or other emergency situation rendering the occupant unconscious or otherwise unable to communicate with the contact person or persons. (i) As authorized by the Legislature in 2001, the Department of Motor Vehicles administers the Business Partner Automation Program, pursuant to Section 1685 of the Vehicle Code, to improve the quality of registration products and services by licensing qualified private industry partners to provide secure electronic portals to licensed new motor vehicle dealers so that they may perform required registration tasks and services electronically. (j) It is the intent of the Legislature in enacting this act to further increase the registration benefits of the DMV Business Partner Automation Program by allowing a purchaser or lessee of a new motor vehicle to voluntarily register at point of sale an emergency contact in the VinECON database using electronic programs provided by a qualified private industry partner. This act will assist police to expeditiously provide VinECON data to the emergency department of a general acute care hospital receiving a motor vehicle crash victim who is unconscious or otherwise incapable of communication. SEC. 2. Section 9956 is added to the Vehicle Code, to read: 9956. (a) This section shall be known, and may be cited, as the “Motor Vehicle Emergency Contact Locator Act of 2015.” (b) For purposes of this section, “VinECON database” means the national law enforcement vehicle identification number emergency contact locator database. (c) This database shall be established by motor vehicle manufacturers, in conjunction with law enforcement agencies and the National Law Enforcement Telecommunications System. (d) This section applies only to vehicles sold or leased in this state on or after January 2, 2016, with a 2017 model year or later. (e) (1) A new motor vehicle dealer of a motor vehicle sold or leased in this state on or after January 2, 2016, with a 2017 model year or later, shall allow a purchaser or lessee of a new motor vehicle to voluntarily register at point of sale an emergency contact in the VinECON database using electronic programs provided by a DMV licensed electronic registration private industry partner. (2) A new motor vehicle dealer providing services under paragraph (1) may charge the purchaser a VinECON electronic registration fee equal to the dealer’s electronic registration costs, not to exceed thirty-one dollars ($31). (3) A new motor vehicle dealer providing services under paragraph (1) may charge the purchaser a VinECON document processing fee not to exceed eighty-five dollars ($85). (4) The VinECON data stored in the national law enforcement vehicle identification number emergency contact locator database pursuant to this section shall be made available electronically only to authorized law enforcement personnel. (5) If a motor vehicle crash victim is rendered unable to communicate due to physical injury, law enforcement personnel shall, when practicable, expeditiously provide verbal or written VinECON data to the emergency department of a general acute care hospital receiving a motor vehicle crash victim who is unconscious or otherwise incapable of communication. (6) Neither the law enforcement officer nor the law enforcement agency that employs that law enforcement officer is liable if the general acute care hospital is not able to make contact with the designated emergency contact person. (f) (1) A new motor vehicle dealer shall make a good faith effort to register accurate VinECON data as provided by the purchaser or lessee at the original retail point of sale using electronic programs provided by a qualified private industry partner. (2) Neither the motor vehicle manufacturer nor the new motor vehicle dealer is liable for any liability for damages, costs, or expenses, including, but not limited to, consequential damages arising or resulting from any inaccurate VinECON data or system unavailability. (g) A violation of the requirements of this section is a cause for discipline pursuant to Section 11705. 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 imposes specified requirements on manufacturers of motor vehicles sold or leased in this state. Existing law requires hospitals to make reasonable efforts to contact the agent, surrogate, or family of patients who are otherwise incapable of communication. This bill would enact the “Motor Vehicle Emergency Contact Locator Act of 2015” and would require a vehicle identification number emergency contact locator database to be established by motor vehicle manufacturers in conjunction with law enforcement agencies and the National Law Enforcement Telecommunications System. This bill would require a motor vehicle manufacturer of a new motor vehicle sold or leased in this state on or after January 2, 2016, with a 2017 model year or later, to provide a means by which a purchaser or lessee of a new motor vehicle can voluntarily designate at the original retail point of sale an emergency contact to be stored in the VinECON database. The bill would require the emergency contact information to be made available electronically only to authorized law enforcement and would require law enforcement personnel, when practicable, to expeditiously provide any VinECON data, either verbal or written, to the emergency department of a general acute care hospital receiving a motor vehicle crash victim who is unconscious or otherwise incapable of communication, thereby imposing a state-mandated local program by imposing new duties upon local agencies. 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) In 2011, there were 29,757 fatal motor vehicle crashes and 1,530,000 nonfatal serious injury crashes in the United States. (b) Existing law requires, within 24 hours of the arrival of a patient in the emergency department of a general acute care hospital, including a motor vehicle crash victim, who is unconscious or otherwise incapable of communication, the hospital to make reasonable efforts to contact the patient’s agent, surrogate, or a family member or other person the hospital reasonably believes has the authority to make health care decisions on behalf of the patient. (c) Contrary to popular belief, emergency medical technicians and law enforcement do not have immediate access to family contact information following a motor vehicle crash involving individuals who are unconscious or unable to communicate, and, typically, on-scene law enforcement resort to searching personal belongings, such as a wallet, driver’s license, glove compartment, or cell phone for leads to the identity of a family member or next of kin. (d) Critical hours elapse as family members are not notified and unconscious motor vehicle crash victims enter the emergency department of a general acute care hospital without the benefit of family members to advocate on their behalf or provide important information to enhance medical care, as there is a national average of six hours’ lack of notice for in-state incidents and over two days’ lack of notice for out-of-state incidents. (e) In 2008, a VinECON policy resolution was adopted by the American Association of State Highway and Transportation Officials’ (AASHTO) Standing Committee on Highway Traffic Safety Subcommittee on Safety Management, with the support and assistance of the Healthcare Information Technology Standards Panel, the International Association of Chiefs of Police, the International Association of Fire Chiefs, the National Association of State EMS Officials, the International Association of Public-Safety Communications Officials, and the Governors Highway Safety Association. (f) The AASHTO VinECON policy resolution encouraged motor vehicle manufacturers to establish a national law enforcement vehicle identification number emergency contact locator database, in conjunction with the National Law Enforcement Telecommunication System (Nlets). (g) As authorized by the City of Los Angeles in 2013, pursuant to Council File No. 13-0002-S3, the City of Los Angeles adopted a resolution seeking a sponsor of California legislation to the Vehicle Code, relating to vehicles enforcing the AASHTO VinECON policy resolution. (h) A purchaser or lessee of a new motor vehicle from a new motor vehicle dealer in this state should have the right to voluntarily register at the point of sale an emergency contact to be stored in the VinECON database to be utilized by law enforcement if the motor vehicle is involved in a crash or other emergency situation rendering the occupant unconscious or otherwise unable to communicate with the contact person or persons. (i) As authorized by the Legislature in 2001, the Department of Motor Vehicles administers the Business Partner Automation Program, pursuant to Section 1685 of the Vehicle Code, to improve the quality of registration products and services by licensing qualified private industry partners to provide secure electronic portals to licensed new motor vehicle dealers so that they may perform required registration tasks and services electronically. (j) It is the intent of the Legislature in enacting this act to further increase the registration benefits of the DMV Business Partner Automation Program by allowing a purchaser or lessee of a new motor vehicle to voluntarily register at point of sale an emergency contact in the VinECON database using electronic programs provided by a qualified private industry partner. This act will assist police to expeditiously provide VinECON data to the emergency department of a general acute care hospital receiving a motor vehicle crash victim who is unconscious or otherwise incapable of communication. SEC. 2. Section 9956 is added to the Vehicle Code, to read: 9956. (a) This section shall be known, and may be cited, as the “Motor Vehicle Emergency Contact Locator Act of 2015.” (b) For purposes of this section, “VinECON database” means the national law enforcement vehicle identification number emergency contact locator database. (c) This database shall be established by motor vehicle manufacturers, in conjunction with law enforcement agencies and the National Law Enforcement Telecommunications System. (d) This section applies only to vehicles sold or leased in this state on or after January 2, 2016, with a 2017 model year or later. (e) (1) A new motor vehicle dealer of a motor vehicle sold or leased in this state on or after January 2, 2016, with a 2017 model year or later, shall allow a purchaser or lessee of a new motor vehicle to voluntarily register at point of sale an emergency contact in the VinECON database using electronic programs provided by a DMV licensed electronic registration private industry partner. (2) A new motor vehicle dealer providing services under paragraph (1) may charge the purchaser a VinECON electronic registration fee equal to the dealer’s electronic registration costs, not to exceed thirty-one dollars ($31). (3) A new motor vehicle dealer providing services under paragraph (1) may charge the purchaser a VinECON document processing fee not to exceed eighty-five dollars ($85). (4) The VinECON data stored in the national law enforcement vehicle identification number emergency contact locator database pursuant to this section shall be made available electronically only to authorized law enforcement personnel. (5) If a motor vehicle crash victim is rendered unable to communicate due to physical injury, law enforcement personnel shall, when practicable, expeditiously provide verbal or written VinECON data to the emergency department of a general acute care hospital receiving a motor vehicle crash victim who is unconscious or otherwise incapable of communication. (6) Neither the law enforcement officer nor the law enforcement agency that employs that law enforcement officer is liable if the general acute care hospital is not able to make contact with the designated emergency contact person. (f) (1) A new motor vehicle dealer shall make a good faith effort to register accurate VinECON data as provided by the purchaser or lessee at the original retail point of sale using electronic programs provided by a qualified private industry partner. (2) Neither the motor vehicle manufacturer nor the new motor vehicle dealer is liable for any liability for damages, costs, or expenses, including, but not limited to, consequential damages arising or resulting from any inaccurate VinECON data or system unavailability. (g) A violation of the requirements of this section is a cause for discipline pursuant to Section 11705. 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 would require a new motor vehicle dealer to allow a purchaser or lessee of a new motor vehicle to voluntarily register at the point of sale an emergency contact in

The people of the State of California do enact as follows: SECTION 1. Section 21159.21 of the Public Resources Code is amended to read: 21159.21. A housing project qualifies for an exemption from this division pursuant to Section 21159.22, 21159.23, or 21159.24 if it meets the criteria in the applicable section and all of the following criteria: (a) The project is consistent with any applicable general plan, specific plan, and local coastal program, including any mitigation measures required by a plan or program, as that plan or program existed on the date that the application was deemed complete and with any applicable zoning ordinance, as that zoning ordinance existed on the date that the application was deemed complete, except that a project shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the project site has not been rezoned to conform with a more recently adopted general plan. (b) Community-level A community-level environmental review has been adopted or certified. (c) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees. (d) The site of the project does not contain wetlands, does not have any value as a wildlife habitat, and the project does not harm any species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or protected by the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and the project does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete. For the purposes of this subdivision, “wetlands” has the same meaning as in Section 328.3 of Title 33 of the Code of Federal Regulations and “wildlife habitat” means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. (e) The site of the project is not included on any list of facilities and sites compiled pursuant to Section 65962.5 of the Government Code. (f) The site of the project is subject to a preliminary endangerment assessment prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. (1) If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements. (2) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements. (g) The project does not have a significant effect on historical resources pursuant to Section 21084.1. (h) The project site is not subject to any of the following: (1) A wildland fire hazard, as determined by the Department of Forestry and Fire Protection, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard. (2) An unusually high risk of fire or explosion from materials stored or used on nearby properties. (3) Risk of a public health exposure at a level that would exceed the standards established by any state or federal agency. (4) Within a delineated earthquake fault zone, as determined pursuant to Section 2622, or a seismic hazard zone, as determined pursuant to Section 2696, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake fault or seismic hazard zone. (5) Landslide hazard, flood plain, flood way, or restriction zone, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood. (i) (1) The project site is not located on developed open space. (2) For the purposes of this subdivision, “developed open space” means land that meets all of the following criteria: (A) Is publicly owned, or financed in whole or in part by public funds. (B) Is generally open to, and available for use by, the public. (C) Is predominantly lacking in structural development other than structures associated with open spaces, including, but not limited to, playgrounds, swimming pools, ballfields, enclosed child play areas, and picnic facilities. (3) For the purposes of this subdivision, “developed open space” includes land that has been designated for acquisition by a public agency for developed open space, but does not include lands acquired by public funds dedicated to the acquisition of land for housing purposes.

The California Environmental Quality Act (CEQA) generally requires all state and local governmental lead agencies to prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on any discretionary project that they propose to carry out or approve that may result in a significant effect on the environment, that is, a substantial, or potentially substantial, adverse change in the physical conditions that exist within the area that will be affected by the project. Under existing law, a housing project qualifies for an exemption from CEQA if certain requirements are met, including the requirement that the site is not located within the boundaries of a state conservancy. This bill would eliminate the requirement that the site not be located within the boundaries of a state conservancy.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 21159.21 of the Public Resources Code is amended to read: 21159.21. A housing project qualifies for an exemption from this division pursuant to Section 21159.22, 21159.23, or 21159.24 if it meets the criteria in the applicable section and all of the following criteria: (a) The project is consistent with any applicable general plan, specific plan, and local coastal program, including any mitigation measures required by a plan or program, as that plan or program existed on the date that the application was deemed complete and with any applicable zoning ordinance, as that zoning ordinance existed on the date that the application was deemed complete, except that a project shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the project site has not been rezoned to conform with a more recently adopted general plan. (b) Community-level A community-level environmental review has been adopted or certified. (c) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees. (d) The site of the project does not contain wetlands, does not have any value as a wildlife habitat, and the project does not harm any species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or protected by the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and the project does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete. For the purposes of this subdivision, “wetlands” has the same meaning as in Section 328.3 of Title 33 of the Code of Federal Regulations and “wildlife habitat” means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. (e) The site of the project is not included on any list of facilities and sites compiled pursuant to Section 65962.5 of the Government Code. (f) The site of the project is subject to a preliminary endangerment assessment prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. (1) If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements. (2) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements. (g) The project does not have a significant effect on historical resources pursuant to Section 21084.1. (h) The project site is not subject to any of the following: (1) A wildland fire hazard, as determined by the Department of Forestry and Fire Protection, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard. (2) An unusually high risk of fire or explosion from materials stored or used on nearby properties. (3) Risk of a public health exposure at a level that would exceed the standards established by any state or federal agency. (4) Within a delineated earthquake fault zone, as determined pursuant to Section 2622, or a seismic hazard zone, as determined pursuant to Section 2696, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake fault or seismic hazard zone. (5) Landslide hazard, flood plain, flood way, or restriction zone, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood. (i) (1) The project site is not located on developed open space. (2) For the purposes of this subdivision, “developed open space” means land that meets all of the following criteria: (A) Is publicly owned, or financed in whole or in part by public funds. (B) Is generally open to, and available for use by, the public. (C) Is predominantly lacking in structural development other than structures associated with open spaces, including, but not limited to, playgrounds, swimming pools, ballfields, enclosed child play areas, and picnic facilities. (3) For the purposes of this subdivision, “developed open space” includes land that has been designated for acquisition by a public agency for developed open space, but does not include lands acquired by public funds dedicated to the acquisition of land for housing purposes. ### Summary: This bill would amend Section 21159.21 of the Public Resources Code, which provides for an exemption from the California Environmental Quality Act for

The people of the State of California do enact as follows: SECTION 1. Section 1347.1 is added to the Penal Code, to read: 1347.1. (a) In any criminal proceeding in which a defendant is charged with a violation of Section 236.1, upon written notice by the prosecutor made at least three days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled, or during the course of the proceeding on the court’s own motion, may order that the testimony of a minor 15 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes all of the following findings: (1) The minor’s testimony will involve a recitation of the facts of an alleged offense of human trafficking, as defined in Section 236.1. (2) (A) The impact on the minor of one or more of the factors enumerated in clauses (i) to (v), inclusive, is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness unless closed-circuit testimony is used. (i) Testimony by the minor in the presence of the defendant would result in the minor suffering serious emotional distress so that the minor would be unavailable as a witness. (ii) The defendant used a deadly weapon in the commission of the offense. (iii) The defendant threatened serious bodily injury to the minor or the minor’s family, threatened incarceration or deportation of the minor or a member of the minor’s family, threatened removal of the minor from the minor’s family, or threatened the dissolution of the minor’s family in order to prevent or dissuade the minor from attending or giving testimony at any trial or court proceeding, or to prevent the minor from reporting the alleged sexual offense, or from assisting in criminal prosecution. (iv) The defendant inflicted great bodily injury upon the minor in the commission of the offense. (v) The defendant or his or her counsel behaved during the hearing or trial in a way that caused the minor to be unable to continue his or her testimony. (B) In making the determination required by this paragraph, the court shall consider the age of the minor, the relationship between the minor and the defendant or defendants, any handicap or disability of the minor, and the nature of the acts charged. The minor’s refusal to testify shall not alone constitute sufficient evidence that the special procedure described in this section is necessary to obtain the minor’s testimony. (3) The equipment available for use of closed-circuit television would accurately communicate the image and demeanor of the minor to the judge, jury, defendant or defendants, and attorneys. (b) If the court orders the use of closed-circuit television, two-way closed-circuit television shall be used, except that if the impact on the minor of one or more of the factors enumerated in clauses (i) to (v), inclusive, of subparagraph (A) of paragraph (2) of subdivision (a), is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness even if two-way closed-circuit television is used, one-way closed-circuit television may be used. The prosecution shall give the defendant or defendants at least 30 days’ written notice of the prosecution’s intent to seek the use of one-way closed-circuit television, unless the prosecution shows good cause to the court why this 30-day notice requirement should not apply. (c) (1) The hearing on a motion brought pursuant to this section shall be conducted out of the presence of the jury. (2) Notwithstanding Section 804 of the Evidence Code or any other law, the court, in determining the merits of the motion, shall not compel the minor to testify at the hearing, nor shall the court deny the motion on the ground that the minor has not testified. (3) In determining whether the impact on an individual minor of one or more of the five factors enumerated in clauses (i) to (v), inclusive, of subparagraph (A) of paragraph (2) of subdivision (a) is so substantial that the minor is unavailable as a witness unless two-way or one-way closed-circuit television is used, the court may question the minor in chambers, or at some other comfortable place other than the courtroom, on the record for a reasonable period of time with the support person, the prosecutor, and defense counsel present. The defendant or defendants shall not be present. The court shall conduct the questioning of the minor and shall not permit the prosecutor or defense counsel to examine the minor. The prosecutor and defense counsel shall be permitted to submit proposed questions to the court prior to the session in chambers. Defense counsel shall be afforded a reasonable opportunity to consult with the defendant or defendants prior to the conclusion of the session in chambers. (d) When the court orders the testimony of a minor to be taken in another place outside of the courtroom, the court shall do all of the following: (1) Make a brief statement on the record, outside of the presence of the jury, of the reasons in support of its order. While the statement need not include traditional findings of fact, the reasons shall be set forth with sufficient specificity to permit meaningful review and to demonstrate that discretion was exercised in a careful, reasonable, and equitable manner. (2) Instruct the members of the jury that they are to draw no inferences from the use of closed-circuit television as a means of facilitating the testimony of the minor. (3) Instruct respective counsel, outside of the presence of the jury, that they are to make no comment during the course of the trial on the use of closed-circuit television procedures. (4) Instruct the support witness, outside of the presence of the jury, that he or she is not to coach, cue, or in any way influence or attempt to influence the testimony of the minor. (5) Order that a complete record of the examination of the minor, including the images and voices of all persons who in any way participate in the examination, be made and preserved as a video recording in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending and shall be made available for viewing to the prosecuting attorney, the defendant or defendants, and his or her attorney during ordinary business hours. The video recording shall be destroyed after five years have elapsed from the date of entry of judgment. If an appeal is filed, the video recording shall not be destroyed until a final judgment on appeal has been ordered. A video recording that is taken pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the witness. This subdivision does not affect the provisions of subdivision (b) of Section 868.7. (e) When the court orders the testimony of a minor to be taken in another place outside the courtroom, only the minor, a support person designated pursuant to Section 868.5, a nonuniformed bailiff, any technicians necessary to operate the closed-circuit equipment, and, after consultation with the prosecution and the defense, a representative appointed by the court, shall be physically present for the testimony. A video recording device shall record the image of the minor and his or her testimony, and a separate video recording device shall record the image of the support person. (f) When the court orders the testimony of a minor to be taken in another place outside the courtroom, the minor shall be brought into the judge’s chambers prior to the taking of his or her testimony to meet for a reasonable period of time with the judge, the prosecutor, and defense counsel. A support person for the minor shall also be present. This meeting shall be for the purpose of explaining the court process to the minor and to allow the attorneys an opportunity to establish rapport with the minor to facilitate later questioning by closed-circuit television. A participant shall not discuss the defendant or defendants or any of the facts of the case with the minor during this meeting. (g) When the court orders the testimony of a minor to be taken in another place outside the courtroom, this section does not prohibit the court from ordering the minor to be brought into the courtroom for a limited purpose, including the identification of the defendant or defendants as the court deems necessary. (h) The examination shall be under oath, and the defendant or defendants shall be able to see and hear the minor witness, and if two-way closed-circuit television is used, the defendant’s image shall be transmitted live to the witness. (i) This section does not affect the disqualification of witnesses pursuant to Section 701 of the Evidence Code. (j) The cost of examination by contemporaneous closed-circuit television ordered pursuant to this section shall be borne by the court out of its existing budget. (k) This section shall not be construed to prohibit a defendant from being represented by counsel during any closed-circuit testimony.

Existing law authorizes a court in a criminal proceeding, upon written notice by the prosecutor made at least 3 days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled or during the course of the proceeding on the court’s own motion, to order that the testimony of a minor 13 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes specified findings. One of the findings required by existing law requires is that the minor’s testimony will involve a recitation of the facts of specified crimes, including an alleged violent felony of which the minor is a victim. This bill would authorize, under specified conditions, a minor 15 years of age or younger to testify by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys if the testimony will involve the recitation of the facts of an alleged offense of human trafficking.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1347.1 is added to the Penal Code, to read: 1347.1. (a) In any criminal proceeding in which a defendant is charged with a violation of Section 236.1, upon written notice by the prosecutor made at least three days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled, or during the course of the proceeding on the court’s own motion, may order that the testimony of a minor 15 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes all of the following findings: (1) The minor’s testimony will involve a recitation of the facts of an alleged offense of human trafficking, as defined in Section 236.1. (2) (A) The impact on the minor of one or more of the factors enumerated in clauses (i) to (v), inclusive, is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness unless closed-circuit testimony is used. (i) Testimony by the minor in the presence of the defendant would result in the minor suffering serious emotional distress so that the minor would be unavailable as a witness. (ii) The defendant used a deadly weapon in the commission of the offense. (iii) The defendant threatened serious bodily injury to the minor or the minor’s family, threatened incarceration or deportation of the minor or a member of the minor’s family, threatened removal of the minor from the minor’s family, or threatened the dissolution of the minor’s family in order to prevent or dissuade the minor from attending or giving testimony at any trial or court proceeding, or to prevent the minor from reporting the alleged sexual offense, or from assisting in criminal prosecution. (iv) The defendant inflicted great bodily injury upon the minor in the commission of the offense. (v) The defendant or his or her counsel behaved during the hearing or trial in a way that caused the minor to be unable to continue his or her testimony. (B) In making the determination required by this paragraph, the court shall consider the age of the minor, the relationship between the minor and the defendant or defendants, any handicap or disability of the minor, and the nature of the acts charged. The minor’s refusal to testify shall not alone constitute sufficient evidence that the special procedure described in this section is necessary to obtain the minor’s testimony. (3) The equipment available for use of closed-circuit television would accurately communicate the image and demeanor of the minor to the judge, jury, defendant or defendants, and attorneys. (b) If the court orders the use of closed-circuit television, two-way closed-circuit television shall be used, except that if the impact on the minor of one or more of the factors enumerated in clauses (i) to (v), inclusive, of subparagraph (A) of paragraph (2) of subdivision (a), is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness even if two-way closed-circuit television is used, one-way closed-circuit television may be used. The prosecution shall give the defendant or defendants at least 30 days’ written notice of the prosecution’s intent to seek the use of one-way closed-circuit television, unless the prosecution shows good cause to the court why this 30-day notice requirement should not apply. (c) (1) The hearing on a motion brought pursuant to this section shall be conducted out of the presence of the jury. (2) Notwithstanding Section 804 of the Evidence Code or any other law, the court, in determining the merits of the motion, shall not compel the minor to testify at the hearing, nor shall the court deny the motion on the ground that the minor has not testified. (3) In determining whether the impact on an individual minor of one or more of the five factors enumerated in clauses (i) to (v), inclusive, of subparagraph (A) of paragraph (2) of subdivision (a) is so substantial that the minor is unavailable as a witness unless two-way or one-way closed-circuit television is used, the court may question the minor in chambers, or at some other comfortable place other than the courtroom, on the record for a reasonable period of time with the support person, the prosecutor, and defense counsel present. The defendant or defendants shall not be present. The court shall conduct the questioning of the minor and shall not permit the prosecutor or defense counsel to examine the minor. The prosecutor and defense counsel shall be permitted to submit proposed questions to the court prior to the session in chambers. Defense counsel shall be afforded a reasonable opportunity to consult with the defendant or defendants prior to the conclusion of the session in chambers. (d) When the court orders the testimony of a minor to be taken in another place outside of the courtroom, the court shall do all of the following: (1) Make a brief statement on the record, outside of the presence of the jury, of the reasons in support of its order. While the statement need not include traditional findings of fact, the reasons shall be set forth with sufficient specificity to permit meaningful review and to demonstrate that discretion was exercised in a careful, reasonable, and equitable manner. (2) Instruct the members of the jury that they are to draw no inferences from the use of closed-circuit television as a means of facilitating the testimony of the minor. (3) Instruct respective counsel, outside of the presence of the jury, that they are to make no comment during the course of the trial on the use of closed-circuit television procedures. (4) Instruct the support witness, outside of the presence of the jury, that he or she is not to coach, cue, or in any way influence or attempt to influence the testimony of the minor. (5) Order that a complete record of the examination of the minor, including the images and voices of all persons who in any way participate in the examination, be made and preserved as a video recording in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending and shall be made available for viewing to the prosecuting attorney, the defendant or defendants, and his or her attorney during ordinary business hours. The video recording shall be destroyed after five years have elapsed from the date of entry of judgment. If an appeal is filed, the video recording shall not be destroyed until a final judgment on appeal has been ordered. A video recording that is taken pursuant to this section is subject to a protective order of the court for the purpose of protecting the privacy of the witness. This subdivision does not affect the provisions of subdivision (b) of Section 868.7. (e) When the court orders the testimony of a minor to be taken in another place outside the courtroom, only the minor, a support person designated pursuant to Section 868.5, a nonuniformed bailiff, any technicians necessary to operate the closed-circuit equipment, and, after consultation with the prosecution and the defense, a representative appointed by the court, shall be physically present for the testimony. A video recording device shall record the image of the minor and his or her testimony, and a separate video recording device shall record the image of the support person. (f) When the court orders the testimony of a minor to be taken in another place outside the courtroom, the minor shall be brought into the judge’s chambers prior to the taking of his or her testimony to meet for a reasonable period of time with the judge, the prosecutor, and defense counsel. A support person for the minor shall also be present. This meeting shall be for the purpose of explaining the court process to the minor and to allow the attorneys an opportunity to establish rapport with the minor to facilitate later questioning by closed-circuit television. A participant shall not discuss the defendant or defendants or any of the facts of the case with the minor during this meeting. (g) When the court orders the testimony of a minor to be taken in another place outside the courtroom, this section does not prohibit the court from ordering the minor to be brought into the courtroom for a limited purpose, including the identification of the defendant or defendants as the court deems necessary. (h) The examination shall be under oath, and the defendant or defendants shall be able to see and hear the minor witness, and if two-way closed-circuit television is used, the defendant’s image shall be transmitted live to the witness. (i) This section does not affect the disqualification of witnesses pursuant to Section 701 of the Evidence Code. (j) The cost of examination by contemporaneous closed-circuit television ordered pursuant to this section shall be borne by the court out of its existing budget. (k) This section shall not be construed to prohibit a defendant from being represented by counsel during any closed-circuit testimony. ### Summary: This bill would amend Section 1347.1 of the Penal Code to require the court to make findings that the minor’s testimony will involve a

The people of the State of California do enact as follows: SECTION 1. Chapter 10.7 (commencing with Section 4650) is added to Division 2 of the Business and Professions Code, to read: CHAPTER 10.7. Music Therapy 4650. This chapter shall be known, and may be cited, as the Music Therapy Act. 4651. The Legislature finds and declares the following: (a) Existing national certification of music therapist requires the therapist to have graduated with a bachelor’s degree or its equivalent, or higher, from a music therapy degree program approved by the American Music Therapy Association (AMTA), successful completion of a minimum of 1,200 hours of supervised clinical work through preinternship training at an approved degree program, and internship training through approved national roster or university affiliated internship programs, or an equivalent. (b) Upon successful completion of the AMTA academic and clinical training requirements or its international equivalent, an individual is eligible to sit for the national board certification exam administered by the Certification Board for Music Therapists (CBMT), an independent, nonprofit corporation fully accredited by the National Commission for Certifying Agencies. (c) The CBMT grants the Music Therapist-Board Certified (MT-BC) credential to music therapists who have demonstrated the knowledge, skills, and abilities for competence in the current practice of music therapy. The purpose of board certification in music therapy is to provide an objective national standard that can be used as a measure of professionalism and competence by interested agencies, groups, and individuals. (d) The MT-BC is awarded by the CBMT to an individual upon successful completion of an academic and clinical training program approved by the AMTA or an international equivalent and successful completion of an objective written examination demonstrating current competency in the profession of music therapy. The CBMT administers this examination, which is based on a nationwide music therapy practice analysis that is reviewed and updated every five years to reflect current clinical practice. (e) Once certified, a music therapist must adhere to the CBMT Code of Professional Practice and recertify every five years through either a program of continuing education or reexamination. 4652. It is the intent of the Legislature that this chapter do the following: (a) Provide a statutory definition of music therapy. (b) Enable consumers and state and local agencies to more easily identify qualified music therapists. 4653. As used in this chapter: (a) “Music therapy” means the clinical and evidence-based use of music therapy interventions in developmental, rehabilitative, habilitative, medical, mental health, preventive, wellness care, or educational settings to address physical, emotional, cognitive, and social needs of individuals within a therapeutic relationship. Music therapy includes the following: (1) The development of music therapy treatment plans specific to the needs and strengths of the client who may be seen individually or in groups. (2) Music therapy plans shall establish goals, objectives, and potential strategies of the music therapy services appropriate for the client and setting. (b) “Music therapy interventions” include, but are not limited to, music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, singing, music performance, learning through music, music combined with other arts, music-assisted relaxation, music-based patient education, electronic music technology, adapted music intervention, and movement to music. 4654. An individual who provides music therapy shall not refer to himself or herself using the title of “Board Certified Music Therapist” unless the individual has completed all of the following: (a) A bachelors degree or its equivalent, or higher, from a music therapy degree program approved by the American Music Therapy Association using current standards, beginning with those adopted on April 1, 2015. (b) A minimum of 1,200 hours of supervised clinical work through preinternship training at an approved degree program and internship training through an approved national roster or university affiliated internship program, or the equivalent. (c) The current requirements for certification, beginning with those adopted on April 1, 2015, established by the CBMT for the MT-BC credential. 4655. This chapter shall not be construed to authorize a person engaged in music therapy to state or imply that he or she provides mental health counseling, psychotherapy, or occupational therapy for which a license is required under this division. While the use of music is not restricted to any profession, the use of music shall not imply or suggest that the person is a Board Certified Music Therapist, if he or she does not meet the criteria specified in Section 4654. 4656. It is an unfair business practice within the meaning of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7, for a person to use the title “Board Certified Music Therapist” if he or she does not meet the requirements of Section 4654.

Existing law provides for the licensure and regulation of various healing arts practitioners by boards within the Department of Consumer Affairs. Existing law defines “unfair competition” to mean and include any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Under existing law, a person who engages in unfair competition is liable for a civil penalty not to exceed $2,500 for each violation. Existing law establishes the State Department of Public Health and sets forth its powers and duties over the regulation of health facilities and adult day health care centers, including, but not limited to, adopting regulations setting forth applicable staffing standards. Existing regulations of the department applicable to intermediate care facilities for the developmentally disabled and for adult day health care centers define “music therapist” as a person who has a bachelor’s degree in music therapy and who is registered or eligible for registration by the National Association for Music Therapy, now known as the American Music Therapy Association. This bill would prohibit a person who provides music therapy, as defined, from using the title of “Board Certified Music Therapist” unless the person has completed specified education and clinical training requirements. The bill would also establish that it is an unfair business practice for a person to use the title “Board Certified Music Therapist” if he or she does not meet those requirements. The bill would prohibit its provisions from being construed to authorize a person engaged in music therapy to state or imply that he or she provides mental health counseling, psychotherapy, or occupational therapy for which a license is required and provide that use of music therapy shall not imply or suggest that the person is a Board Certified Music Therapist, if he or she does not meet specified criteria.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 10.7 (commencing with Section 4650) is added to Division 2 of the Business and Professions Code, to read: CHAPTER 10.7. Music Therapy 4650. This chapter shall be known, and may be cited, as the Music Therapy Act. 4651. The Legislature finds and declares the following: (a) Existing national certification of music therapist requires the therapist to have graduated with a bachelor’s degree or its equivalent, or higher, from a music therapy degree program approved by the American Music Therapy Association (AMTA), successful completion of a minimum of 1,200 hours of supervised clinical work through preinternship training at an approved degree program, and internship training through approved national roster or university affiliated internship programs, or an equivalent. (b) Upon successful completion of the AMTA academic and clinical training requirements or its international equivalent, an individual is eligible to sit for the national board certification exam administered by the Certification Board for Music Therapists (CBMT), an independent, nonprofit corporation fully accredited by the National Commission for Certifying Agencies. (c) The CBMT grants the Music Therapist-Board Certified (MT-BC) credential to music therapists who have demonstrated the knowledge, skills, and abilities for competence in the current practice of music therapy. The purpose of board certification in music therapy is to provide an objective national standard that can be used as a measure of professionalism and competence by interested agencies, groups, and individuals. (d) The MT-BC is awarded by the CBMT to an individual upon successful completion of an academic and clinical training program approved by the AMTA or an international equivalent and successful completion of an objective written examination demonstrating current competency in the profession of music therapy. The CBMT administers this examination, which is based on a nationwide music therapy practice analysis that is reviewed and updated every five years to reflect current clinical practice. (e) Once certified, a music therapist must adhere to the CBMT Code of Professional Practice and recertify every five years through either a program of continuing education or reexamination. 4652. It is the intent of the Legislature that this chapter do the following: (a) Provide a statutory definition of music therapy. (b) Enable consumers and state and local agencies to more easily identify qualified music therapists. 4653. As used in this chapter: (a) “Music therapy” means the clinical and evidence-based use of music therapy interventions in developmental, rehabilitative, habilitative, medical, mental health, preventive, wellness care, or educational settings to address physical, emotional, cognitive, and social needs of individuals within a therapeutic relationship. Music therapy includes the following: (1) The development of music therapy treatment plans specific to the needs and strengths of the client who may be seen individually or in groups. (2) Music therapy plans shall establish goals, objectives, and potential strategies of the music therapy services appropriate for the client and setting. (b) “Music therapy interventions” include, but are not limited to, music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, singing, music performance, learning through music, music combined with other arts, music-assisted relaxation, music-based patient education, electronic music technology, adapted music intervention, and movement to music. 4654. An individual who provides music therapy shall not refer to himself or herself using the title of “Board Certified Music Therapist” unless the individual has completed all of the following: (a) A bachelors degree or its equivalent, or higher, from a music therapy degree program approved by the American Music Therapy Association using current standards, beginning with those adopted on April 1, 2015. (b) A minimum of 1,200 hours of supervised clinical work through preinternship training at an approved degree program and internship training through an approved national roster or university affiliated internship program, or the equivalent. (c) The current requirements for certification, beginning with those adopted on April 1, 2015, established by the CBMT for the MT-BC credential. 4655. This chapter shall not be construed to authorize a person engaged in music therapy to state or imply that he or she provides mental health counseling, psychotherapy, or occupational therapy for which a license is required under this division. While the use of music is not restricted to any profession, the use of music shall not imply or suggest that the person is a Board Certified Music Therapist, if he or she does not meet the criteria specified in Section 4654. 4656. It is an unfair business practice within the meaning of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7, for a person to use the title “Board Certified Music Therapist” if he or she does not meet the requirements of Section 4654. ### Summary: This text adds Chapter 10.7 to Division 2 of the Business and Professions Code, to define music therapy and to require that individuals who provide music

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Duplicative, unnecessary, and outdated regulations have negatively impacted economic growth and job creation. (b) State, regional, and local governments are ill-equipped to provide a holistic view of the total impact of regulatory action from all levels of state and local government on specific industries and types of businesses. (c) The establishment of the California Regulatory Reform Council will promote economic growth and job creation by providing the Legislature and Governor with varied, but relevant, experiences and viewpoints to analyze the holistic impact of all levels of state and local regulations on specific industries operating within the state. SEC. 2. Chapter 5.9 (commencing with Section 8490) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 5.9. California Regulatory Reform Council 8490. There is in the state government the California Regulatory Reform Council, hereafter in this chapter referred to as the “council.” The council shall be composed of 13 members as follows: (a) Five members appointed by the Governor, as follows: (1) Two public members who reside in different regions of the state so that, collectively, these members represent a geographical balance of the state. (2) One member with professional experience in economic modeling of public policies and economic development activities who resides in southern California. (3) One member with professional experience in economic modeling of public policies and economic development activities who resides in northern California. (4) One member who represents the business community. (b) Two members appointed by the Senate Committee on Rules, as follows: (1) One member of the public. (2) One member who represents the business community. (c) Two members appointed by the Speaker of the Assembly, as follows: (1) One member of the public. (2) One member who represents the business community. (d) Two Members of the Senate appointed by the Senate Committee on Rules. These members shall serve at the pleasure of the appointing authority but shall not be registered with the same political party. If a member, while serving on the council, registers with the same political party as the other member, the Senate Committee on Rules shall replace one of the members with a new member who is not registered with the same political party as the remaining member. (e) Two Members of the Assembly appointed by the Speaker of the Assembly. These members shall serve at the pleasure of the appointing authority but shall not be registered with the same political party. If a member, while serving on the council, registers with the same political party as the other member, the Speaker of the Assembly shall replace one of the members with a new member who is not registered with the same political party as the remaining member. (f) The members appointed pursuant to subdivisions (a) to (c), inclusive, shall serve two-year terms and may be reappointed for additional terms. (g) All vacancies in the council membership shall be filled in the same manner in which original appointments were made. 8490.5. For the purposes of expenditures for the support of the council, including the expenses of the members of the council, the council shall be deemed to be within the executive branch of state government, but the council shall not be subject to the control or direction of any officer or employee of the executive branch except in connection with the appropriation of funds approved by the Legislature. 8490.10. The members of the council shall serve without compensation, but shall be reimbursed for all necessary the travel expenses actually incurred in the performance of their duties. attending meetings. Members of the Assembly or Senate shall not be reimbursed for travel expenses, except in the instance where those costs will not be paid by their respective Houses of the Legislature. 8490.15. For the purposes of this chapter, the Members of the Legislature serving as members of the council shall be considered a joint committee of the two houses of the Legislature constituted and to be acting as an investigating committee, and as such shall have the powers and duties imposed on such committees by the Joint Rules of the Senate and Assembly. 8490.20. (a) All members shall be appointed on or before March 1, 2016. (b) The council shall hold its first meeting on or before April 1, 2016. (c) The council shall select from among its members a chairperson and vice chairperson, who shall not be registered as members of the same political party. 8490.25. Six members of the council shall constitute a quorum. 8490.30. It is the purpose of the Legislature to establish a multibody council, composed of individuals with varied, but relevant, experiences and viewpoints to analyze the holistic impact of all levels of state and local regulations on specific industries operating within the state. 8490.35. The council, on its own motion, may, for the purpose of making reports and recommendations to assist the Legislature and Governor in respect to the matters listed in Section 8490.30, examine in detail the structure, organization, operation, and impact of all levels of state and local regulations on specific industries operating within the state. The council may make recommendations to the Governor and to the Legislature as the council deems necessary. 8490.40. (a) The council shall establish an Internet Web site. (b) On or before January 1, 2017, and at least annually thereafter, the council shall post on its Internet Web site a all of the following: (1) A list of its ongoing activities and its final reports. activities. (2) The agenda, list of individuals who testified, and background materials distributed by the council for each meeting. (3) Copies of final reports prepared by the council or on behalf of the council. (c) All materials required to be posted pursuant to subdivision (b) shall remain accessible from the Internet Web site until January 1, 2022. 8490.45. This chapter shall remain in effect only until January 1, 2022, and as of that date is repealed.

Existing law establishes the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy in state government with a specified membership and independent state oversight duties. This bill would establish, until January 1, 2022, the California Regulatory Reform Council, composed of 13 members appointed by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly, as specified. This bill would require 4 of the 13 members of the council to be Members of the Legislature who are to be considered a joint committee of the 2 houses of the Legislature constituted and acting as an investigating committee. This bill would authorize the council, on its own motion, to make reports and recommendations to assist the Legislature and Governor in respect to the holistic impact of all levels of state and local regulations on specific industries operating within the state. This bill would deem the council to be within the executive branch of state government, but prohibit the council from being subject to the control or direction of any officer or employee of the executive branch, except in connection with the appropriation of funds approved by the Legislature. This bill would require the council to, council, on or before January 1, 2017, and at least annually thereafter, to post on its Internet Web site a list of its ongoing activities and its final reports. activities, specified information regarding meetings, and copies of final reports. This bill would make legislative findings in regards 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) Duplicative, unnecessary, and outdated regulations have negatively impacted economic growth and job creation. (b) State, regional, and local governments are ill-equipped to provide a holistic view of the total impact of regulatory action from all levels of state and local government on specific industries and types of businesses. (c) The establishment of the California Regulatory Reform Council will promote economic growth and job creation by providing the Legislature and Governor with varied, but relevant, experiences and viewpoints to analyze the holistic impact of all levels of state and local regulations on specific industries operating within the state. SEC. 2. Chapter 5.9 (commencing with Section 8490) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 5.9. California Regulatory Reform Council 8490. There is in the state government the California Regulatory Reform Council, hereafter in this chapter referred to as the “council.” The council shall be composed of 13 members as follows: (a) Five members appointed by the Governor, as follows: (1) Two public members who reside in different regions of the state so that, collectively, these members represent a geographical balance of the state. (2) One member with professional experience in economic modeling of public policies and economic development activities who resides in southern California. (3) One member with professional experience in economic modeling of public policies and economic development activities who resides in northern California. (4) One member who represents the business community. (b) Two members appointed by the Senate Committee on Rules, as follows: (1) One member of the public. (2) One member who represents the business community. (c) Two members appointed by the Speaker of the Assembly, as follows: (1) One member of the public. (2) One member who represents the business community. (d) Two Members of the Senate appointed by the Senate Committee on Rules. These members shall serve at the pleasure of the appointing authority but shall not be registered with the same political party. If a member, while serving on the council, registers with the same political party as the other member, the Senate Committee on Rules shall replace one of the members with a new member who is not registered with the same political party as the remaining member. (e) Two Members of the Assembly appointed by the Speaker of the Assembly. These members shall serve at the pleasure of the appointing authority but shall not be registered with the same political party. If a member, while serving on the council, registers with the same political party as the other member, the Speaker of the Assembly shall replace one of the members with a new member who is not registered with the same political party as the remaining member. (f) The members appointed pursuant to subdivisions (a) to (c), inclusive, shall serve two-year terms and may be reappointed for additional terms. (g) All vacancies in the council membership shall be filled in the same manner in which original appointments were made. 8490.5. For the purposes of expenditures for the support of the council, including the expenses of the members of the council, the council shall be deemed to be within the executive branch of state government, but the council shall not be subject to the control or direction of any officer or employee of the executive branch except in connection with the appropriation of funds approved by the Legislature. 8490.10. The members of the council shall serve without compensation, but shall be reimbursed for all necessary the travel expenses actually incurred in the performance of their duties. attending meetings. Members of the Assembly or Senate shall not be reimbursed for travel expenses, except in the instance where those costs will not be paid by their respective Houses of the Legislature. 8490.15. For the purposes of this chapter, the Members of the Legislature serving as members of the council shall be considered a joint committee of the two houses of the Legislature constituted and to be acting as an investigating committee, and as such shall have the powers and duties imposed on such committees by the Joint Rules of the Senate and Assembly. 8490.20. (a) All members shall be appointed on or before March 1, 2016. (b) The council shall hold its first meeting on or before April 1, 2016. (c) The council shall select from among its members a chairperson and vice chairperson, who shall not be registered as members of the same political party. 8490.25. Six members of the council shall constitute a quorum. 8490.30. It is the purpose of the Legislature to establish a multibody council, composed of individuals with varied, but relevant, experiences and viewpoints to analyze the holistic impact of all levels of state and local regulations on specific industries operating within the state. 8490.35. The council, on its own motion, may, for the purpose of making reports and recommendations to assist the Legislature and Governor in respect to the matters listed in Section 8490.30, examine in detail the structure, organization, operation, and impact of all levels of state and local regulations on specific industries operating within the state. The council may make recommendations to the Governor and to the Legislature as the council deems necessary. 8490.40. (a) The council shall establish an Internet Web site. (b) On or before January 1, 2017, and at least annually thereafter, the council shall post on its Internet Web site a all of the following: (1) A list of its ongoing activities and its final reports. activities. (2) The agenda, list of individuals who testified, and background materials distributed by the council for each meeting. (3) Copies of final reports prepared by the council or on behalf of the council. (c) All materials required to be posted pursuant to subdivision (b) shall remain accessible from the Internet Web site until January 1, 2022. 8490.45. This chapter shall remain in effect only until January 1, 2022, and as of that date is repealed. ### Summary: This text establishes the California Regulatory Reform Council to analyze the impact of state and local regulations on specific industries. ### Related Bills: AB 100

The people of the State of California do enact as follows: SECTION 1. Section 31468 of the Government Code is amended to read: 31468. (a) “District” means a district, formed under the laws of the state, located wholly or partially within the county other than a school district. (b) “District” also includes any institution operated by two or more counties, in one of which there has been adopted an ordinance placing this chapter in operation. (c) “District” also includes any organization or association authorized by Chapter 26 of the Statutes of 1935, as amended by Chapter 30 of the Statutes of 1941, or by Section 50024, which organization or association is maintained and supported entirely from funds derived from counties, and the board of any retirement system is authorized to receive the officers and employees of that organization or association into the retirement system managed by the board. (d) “District” also includes, but is not limited to, any sanitary district formed under Part 1 (commencing with Section 6400) of Division 6 of the Health and Safety Code. (e) “District” also includes any city, public authority, public agency, and any other political subdivision or public corporation formed or created under the constitution or laws of this state and located or having jurisdiction wholly or partially within the county. (f) “District” also includes any nonprofit corporation or association conducting an agricultural fair for the county pursuant to a contract between the corporation or association and the board of supervisors under the authority of Section 25905. (g) “District” also includes the Regents of the University of California, but with respect only to employees who were employees of a county in a county hospital, who became university employees pursuant to an agreement for transfer to the regents of a county hospital or of the obligation to provide professional medical services at a county hospital, and who under that agreement had the right and did elect to continue membership in the county’s retirement system established under this chapter. (h) “District” also includes the South Coast Air Quality Management District, a new public agency created on February 1, 1977, pursuant to Chapter 5.5 (commencing with Section 40400) of Part 3 of Division 26 of the Health and Safety Code. (1) Employees of the South Coast Air Quality Management District shall be deemed to be employees of a new public agency occupying new positions on February 1, 1977. On that date, those new positions are deemed not to have been covered by any retirement system. (2) No retirement system coverage may be effected for an employee of the South Coast Air Quality Management District who commenced employment with the district during the period commencing on February 1, 1977, and ending on December 31, 1978, unless and until the employee shall have elected whether to become a member of the retirement association established in accordance with this chapter for employees of Los Angeles County or the retirement association established in accordance with this chapter for employees of San Bernardino County. The election shall occur before January 1, 1980. Any employee who fails to make the election provided for herein shall be deemed to have elected to become a member of the retirement association established in accordance with this chapter for the County of Los Angeles. (3) The South Coast Air Quality Management District shall make application to the retirement associations established in accordance with this chapter for employees of Los Angeles County and San Bernardino County for coverage of employees of the South Coast Air Quality Management District. (4) An employee of the South Coast Air Quality Management District who commenced employment with the district during the period commencing on February 1, 1977, and ending on December 31, 1978, and who has not terminated employment before January 1, 1980, shall be covered by the retirement association elected by the employee pursuant to paragraph (2). That coverage shall be effected no later than the first day of the first month following the date of the election provided for in paragraph (2). (5) Each electing employee shall receive credit for all service with the South Coast Air Quality Management District. However, the elected retirement association may require, as a prerequisite to granting that credit, the payment of an appropriate sum of money or the transfer of funds from another retirement association in an amount determined by an enrolled actuary and approved by the elected retirement association’s board. The amount to be paid shall include all administrative and actuarial costs of making that determination. The amount to be paid shall be shared by the South Coast Air Quality Management District and the employee. The share to be paid by the employee shall be determined by good faith bargaining between the district and the recognized employee organization, but in no event shall the employee be required to contribute more than 25 percent of the total amount required to be paid. The elected retirement association’s board may not grant that credit for that prior service unless the request for that credit is made to, and the required payment deposited with, the elected retirement association’s board no earlier than January 1, 1980, and no later than June 30, 1980. The foregoing shall have no effect on any employee’s rights to reciprocal benefits under Article 15 (commencing with Section 31830). (6) An employee of the South Coast Air Quality Management District who commenced employment with the district after December 31, 1978, shall be covered by the retirement association established in accordance with this chapter for employees of San Bernardino County. That coverage shall be effected as of the first day of the first month following the employee’s commencement date. (7) Notwithstanding paragraphs (2) and (4) above, employees of the South Coast Air Quality Management District who were employed between February 1, 1977, and December 31, 1978, and who terminate their employment between February 1, 1977, and January 1, 1980, shall be deemed to be members of the retirement association established in accordance with this chapter for the employees of Los Angeles County commencing on the date of their employment with the South Coast Air Quality Management District. (i) “District” also includes any nonprofit corporation that operates one or more museums within a county of the 15th class, as described by Sections 28020 and 28036 of the Government Code, as amended by Chapter 1204 of the Statutes of 1971, pursuant to a contract between the corporation and the board of supervisors of the county, and that has entered into an agreement with the board and the county setting forth the terms and conditions of the corporation’s inclusion in the county’s retirement system. (j) “District” also includes any economic development association funded in whole or in part by a county of the 15th class, as described by Sections 28020 and 28036 of the Government Code, as amended by Chapter 1204 of the Statutes of 1971, and that has entered into an agreement with the board of supervisors and the county setting forth the terms and conditions of the association’s inclusion in the county’s retirement system. (k) “District” also includes any special commission established in the Counties of Tulare and San Joaquin as described by Section 14087.31 of the Welfare and Institutions Code, pursuant to a contract between the special commission and the county setting forth the terms and conditions of the special commission’s inclusion in the county’s retirement system with the approval of the board of supervisors and the board of retirement. (l) (1) “District” also includes the retirement system established under this chapter in Orange County. (2) “District” also includes the retirement system established under this chapter in San Bernardino County at such time as the board of retirement, by resolution, makes this section applicable in that county. (3) “District” also includes the retirement system established under this chapter in Contra Costa County. (4) “District” also includes the retirement system established under this chapter in Ventura County. (m) “District” also includes the Kern County Hospital Authority, a public agency that is a local unit of government established pursuant to Chapter 5.5 (commencing with Section 101852) of Part 4 of Division 101 of the Health and Safety Code. SEC. 2. Section 31522.10 is added to the Government Code, to read: 31522.10. (a) In a county in which the board of retirement has appointed personnel pursuant to Section 31522.1, the board of retirement may appoint a retirement administrator, chief financial officer, chief operations officer, chief investment officer, and general counsel. (b) Notwithstanding any other law, the personnel appointed pursuant to this section shall not be county employees but shall be employees of the retirement system, subject to terms and conditions of employment established by the board of retirement. Except as specifically provided in this subdivision, all other personnel shall be county employees for purposes of the county’s employee relations resolution, or equivalent local rules, and the terms and conditions of employment established by the board of supervisors for county employees, including those set forth in a memorandum of understanding. (c) Except as otherwise provided by Sections 31529.9 and 31596.1, the compensation of personnel appointed pursuant to this section shall be an expense of administration of the retirement system, pursuant to Section 31580.2. (d) The board of retirement and board of supervisors may enter into any agreements as may be necessary and appropriate to carry out the provisions of this section. (e) Section 31522.2 is not applicable to a retirement system that elects to appoint personnel pursuant to this section. (f) This section shall apply only to the retirement system established under this chapter in Ventura County at such time as the board of retirement, by resolution, makes this section applicable in that county. SEC. 3. Section 31557.3 of the Government Code is amended to read: 31557.3. On the date a district, as defined in subdivision (l) of Section 31468, is included in the retirement system, any personnel appointed pursuant to Sections 31522.5, 31522.9, 31522.10, and 31529.9 who had previously been in county service shall continue to be members of the system without interruption in service or loss of credit. Thereafter, each person entering employment with the district shall become a member of the system on the first day of the calendar month following his or her entrance into service. SEC. 4. Section 31580.2 of the Government Code is amended to read: 31580.2. (a) In counties in which the board of retirement, or the board of retirement and the board of investment, have appointed personnel pursuant to Section 31522.1, 31522.5, 31522.7, 31522.9, or 31522.10, the respective board or boards shall annually adopt a budget covering the entire expense of administration of the retirement system which expense shall be charged against the earnings of the retirement fund. The expense incurred in any year may not exceed the greater of either of the following: (1) Twenty-one hundredths of 1 percent of the accrued actuarial liability of the retirement system. (2) Two million dollars ($2,000,000), as adjusted annually by the amount of the annual cost-of-living adjustment computed in accordance with Article 16.5 (commencing with Section 31870). (b) Expenditures for computer software, computer hardware, and computer technology consulting services in support of these computer products shall not be considered a cost of administration of the retirement system for purposes of this section.

Existing law, the County Employees Retirement Law of 1937, authorizes counties to establish retirement systems, as specified, in order to provide pension benefits to county, city, and district employees. Existing law defines a district for these purposes and includes specified county retirement systems within the definition. This bill would include the retirement system established under these provisions in the County of Ventura within the definition of district. The County Employees Retirement Law of 1937 also authorizes the board of retirement, in a county in which the board has appointed administrative, technical, and clerical staff personnel, to also appoint other administrators, managers, and legal counsel, as specified. These appointees are not classified as county employees and are therefor not subject to the civil service system, but are employees of the retirement system subject to the terms of employment determined by the board of retirement. This bill would authorize the board of retirement of Ventura County to appoint a retirement administrator, chief financial officer, chief operations officer, chief investment officer, and general counsel. The bill would require these appointees to be employees of the retirement system, and not of the county, and subject to terms and conditions of employment established by the board of retirement. The bill would provide that the compensation of these appointees is an expense of the administration of the retirement system. The bill would grant the board of retirement and the board of supervisors authority to enter into agreements necessary to implement its provisions and would except the retirement system from specified requirements relating to retirement administrators. The bill would provide that these provisions apply to the Ventura County retirement system only upon adoption of a specified resolution by the board of retirement. The bill would make conforming changes.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 31468 of the Government Code is amended to read: 31468. (a) “District” means a district, formed under the laws of the state, located wholly or partially within the county other than a school district. (b) “District” also includes any institution operated by two or more counties, in one of which there has been adopted an ordinance placing this chapter in operation. (c) “District” also includes any organization or association authorized by Chapter 26 of the Statutes of 1935, as amended by Chapter 30 of the Statutes of 1941, or by Section 50024, which organization or association is maintained and supported entirely from funds derived from counties, and the board of any retirement system is authorized to receive the officers and employees of that organization or association into the retirement system managed by the board. (d) “District” also includes, but is not limited to, any sanitary district formed under Part 1 (commencing with Section 6400) of Division 6 of the Health and Safety Code. (e) “District” also includes any city, public authority, public agency, and any other political subdivision or public corporation formed or created under the constitution or laws of this state and located or having jurisdiction wholly or partially within the county. (f) “District” also includes any nonprofit corporation or association conducting an agricultural fair for the county pursuant to a contract between the corporation or association and the board of supervisors under the authority of Section 25905. (g) “District” also includes the Regents of the University of California, but with respect only to employees who were employees of a county in a county hospital, who became university employees pursuant to an agreement for transfer to the regents of a county hospital or of the obligation to provide professional medical services at a county hospital, and who under that agreement had the right and did elect to continue membership in the county’s retirement system established under this chapter. (h) “District” also includes the South Coast Air Quality Management District, a new public agency created on February 1, 1977, pursuant to Chapter 5.5 (commencing with Section 40400) of Part 3 of Division 26 of the Health and Safety Code. (1) Employees of the South Coast Air Quality Management District shall be deemed to be employees of a new public agency occupying new positions on February 1, 1977. On that date, those new positions are deemed not to have been covered by any retirement system. (2) No retirement system coverage may be effected for an employee of the South Coast Air Quality Management District who commenced employment with the district during the period commencing on February 1, 1977, and ending on December 31, 1978, unless and until the employee shall have elected whether to become a member of the retirement association established in accordance with this chapter for employees of Los Angeles County or the retirement association established in accordance with this chapter for employees of San Bernardino County. The election shall occur before January 1, 1980. Any employee who fails to make the election provided for herein shall be deemed to have elected to become a member of the retirement association established in accordance with this chapter for the County of Los Angeles. (3) The South Coast Air Quality Management District shall make application to the retirement associations established in accordance with this chapter for employees of Los Angeles County and San Bernardino County for coverage of employees of the South Coast Air Quality Management District. (4) An employee of the South Coast Air Quality Management District who commenced employment with the district during the period commencing on February 1, 1977, and ending on December 31, 1978, and who has not terminated employment before January 1, 1980, shall be covered by the retirement association elected by the employee pursuant to paragraph (2). That coverage shall be effected no later than the first day of the first month following the date of the election provided for in paragraph (2). (5) Each electing employee shall receive credit for all service with the South Coast Air Quality Management District. However, the elected retirement association may require, as a prerequisite to granting that credit, the payment of an appropriate sum of money or the transfer of funds from another retirement association in an amount determined by an enrolled actuary and approved by the elected retirement association’s board. The amount to be paid shall include all administrative and actuarial costs of making that determination. The amount to be paid shall be shared by the South Coast Air Quality Management District and the employee. The share to be paid by the employee shall be determined by good faith bargaining between the district and the recognized employee organization, but in no event shall the employee be required to contribute more than 25 percent of the total amount required to be paid. The elected retirement association’s board may not grant that credit for that prior service unless the request for that credit is made to, and the required payment deposited with, the elected retirement association’s board no earlier than January 1, 1980, and no later than June 30, 1980. The foregoing shall have no effect on any employee’s rights to reciprocal benefits under Article 15 (commencing with Section 31830). (6) An employee of the South Coast Air Quality Management District who commenced employment with the district after December 31, 1978, shall be covered by the retirement association established in accordance with this chapter for employees of San Bernardino County. That coverage shall be effected as of the first day of the first month following the employee’s commencement date. (7) Notwithstanding paragraphs (2) and (4) above, employees of the South Coast Air Quality Management District who were employed between February 1, 1977, and December 31, 1978, and who terminate their employment between February 1, 1977, and January 1, 1980, shall be deemed to be members of the retirement association established in accordance with this chapter for the employees of Los Angeles County commencing on the date of their employment with the South Coast Air Quality Management District. (i) “District” also includes any nonprofit corporation that operates one or more museums within a county of the 15th class, as described by Sections 28020 and 28036 of the Government Code, as amended by Chapter 1204 of the Statutes of 1971, pursuant to a contract between the corporation and the board of supervisors of the county, and that has entered into an agreement with the board and the county setting forth the terms and conditions of the corporation’s inclusion in the county’s retirement system. (j) “District” also includes any economic development association funded in whole or in part by a county of the 15th class, as described by Sections 28020 and 28036 of the Government Code, as amended by Chapter 1204 of the Statutes of 1971, and that has entered into an agreement with the board of supervisors and the county setting forth the terms and conditions of the association’s inclusion in the county’s retirement system. (k) “District” also includes any special commission established in the Counties of Tulare and San Joaquin as described by Section 14087.31 of the Welfare and Institutions Code, pursuant to a contract between the special commission and the county setting forth the terms and conditions of the special commission’s inclusion in the county’s retirement system with the approval of the board of supervisors and the board of retirement. (l) (1) “District” also includes the retirement system established under this chapter in Orange County. (2) “District” also includes the retirement system established under this chapter in San Bernardino County at such time as the board of retirement, by resolution, makes this section applicable in that county. (3) “District” also includes the retirement system established under this chapter in Contra Costa County. (4) “District” also includes the retirement system established under this chapter in Ventura County. (m) “District” also includes the Kern County Hospital Authority, a public agency that is a local unit of government established pursuant to Chapter 5.5 (commencing with Section 101852) of Part 4 of Division 101 of the Health and Safety Code. SEC. 2. Section 31522.10 is added to the Government Code, to read: 31522.10. (a) In a county in which the board of retirement has appointed personnel pursuant to Section 31522.1, the board of retirement may appoint a retirement administrator, chief financial officer, chief operations officer, chief investment officer, and general counsel. (b) Notwithstanding any other law, the personnel appointed pursuant to this section shall not be county employees but shall be employees of the retirement system, subject to terms and conditions of employment established by the board of retirement. Except as specifically provided in this subdivision, all other personnel shall be county employees for purposes of the county’s employee relations resolution, or equivalent local rules, and the terms and conditions of employment established by the board of supervisors for county employees, including those set forth in a memorandum of understanding. (c) Except as otherwise provided by Sections 31529.9 and 31596.1, the compensation of personnel appointed pursuant to this section shall be an expense of administration of the retirement system, pursuant to Section 31580.2. (d) The board of retirement and board of supervisors may enter into any agreements as may be necessary and appropriate to carry out the provisions of this section. (e) Section 31522.2 is not applicable to a retirement system that elects to appoint personnel pursuant to this section. (f) This section shall apply only to the retirement system established under this chapter in Ventura County at such time as the board of retirement, by resolution, makes this section applicable in that county. SEC. 3. Section 31557.3 of the Government Code is amended to read: 31557.3. On the date a district, as defined in subdivision (l) of Section 31468, is included in the retirement system, any personnel appointed pursuant to Sections 31522.5, 31522.9, 31522.10, and 31529.9 who had previously been in county service shall continue to be members of the system without interruption in service or loss of credit. Thereafter, each person entering employment with the district shall become a member of the system on the first day of the calendar month following his or her entrance into service. SEC. 4. Section 31580.2 of the Government Code is amended to read: 31580.2. (a) In counties in which the board of retirement, or the board of retirement and the board of investment, have appointed personnel pursuant to Section 31522.1, 31522.5, 31522.7, 31522.9, or 31522.10, the respective board or boards shall annually adopt a budget covering the entire expense of administration of the retirement system which expense shall be charged against the earnings of the retirement fund. The expense incurred in any year may not exceed the greater of either of the following: (1) Twenty-one hundredths of 1 percent of the accrued actuarial liability of the retirement system. (2) Two million dollars ($2,000,000), as adjusted annually by the amount of the annual cost-of-living adjustment computed in accordance with Article 16.5 (commencing with Section 31870). (b) Expenditures for computer software, computer hardware, and computer technology consulting services in support of these computer products shall not be considered a cost of administration of the retirement system for purposes 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 19130 of the Government Code is amended to read: 19130. The purpose of this article is to establish standards for the use of personal services contracts. (a) Personal services contracting is permissible to achieve cost savings when all the following conditions are met: (1) The contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the state, provided that: (A) In comparing costs, there shall be included the state’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. (B) In comparing costs, there shall not be included the state’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed in state service. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing state costs that would be directly associated with the contracted function. These continuing state costs shall include, but not be limited to, those for inspection, supervision, and monitoring. (2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor’s wages are at the industry’s level and do not significantly undercut state pay rates. (3) The contract does not cause the displacement of civil service employees. The term “displacement” includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. (4) The contract does not adversely affect the state’s affirmative action efforts. (5) The savings shall be large enough to ensure that they will not be eliminated by private sector and state cost fluctuations that could normally be expected during the contracting period. (6) The amount of savings clearly justify the size and duration of the contracting agreement. (7) The contract is awarded through a publicized, competitive bidding process. (8) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination, affirmative action standards. (9) The potential for future economic risk to the state from potential contractor rate increases is minimal. (10) The contract is with a firm. A “firm” means a corporation, partnership, nonprofit organization, or sole proprietorship. (11) The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by state government. (b) Except as provided in subdivision (d), personal services contracting also shall be permissible when any of the following conditions can be met: (1) The functions contracted are exempted from civil service by Section 4 of Article VII of the California Constitution, which describes exempt appointments. (2) The contract is for a new state function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. (3) The services contracted are not available within civil service, cannot be performed satisfactorily by civil service employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the civil service system. (4) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. (5) The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of persons selected pursuant to the regular civil service system. Contracts are permissible under this criterion to protect against a conflict of interest or to insure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. (6) The nature of the work is such that the Government Code standards for emergency appointments apply. These contracts shall conform with Article 8 (commencing with Section 19888) of Chapter 2.5 of Part 2.6. (7) State agencies need private counsel because a conflict of interest on the part of the Attorney General’s office prevents it from representing the agency without compromising its position. These contracts shall require the written consent of the Attorney General, pursuant to Section 11040. (8) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the state in the location where the services are to be performed. (9) The contractor will conduct training courses for which appropriately qualified civil service instructors are not available, provided that permanent instructor positions in academies or similar settings shall be filled through civil service appointment. (10) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation under civil service would frustrate their very purpose. (c) All persons who provide services to the state under conditions the board determines constitute an employment relationship shall, unless exempted from civil service by Section 4 of Article VII of the California Constitution, be retained under an appropriate civil service appointment. (d) A personal services contract otherwise permitted pursuant to subdivision (b) is prohibited if it would cause the displacement of civil service employees. For the purposes of this subdivision, “displacement” includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location.

The California Constitution provides that the civil service includes every officer and employee in the state except as otherwise provided in the Constitution. Existing law, the State Civil Service Act, however, permits the use of personal services contracts by state agencies if specified conditions are met. In this regard, a state agency may use a personal service contract to achieve cost savings if, among other conditions, the contract does not cause the displacement, as defined, of civil service employees. Existing law also permits the use of personal services contracts in response to particular conditions, including during emergencies, if the contract is for a new state function and the Legislature has mandated or authorized the performance of work by independent contractors, or to protect against a conflict of interest, among others. This bill would make the use of personal services contracts in response to particular conditions, as described above, conditional on the contract not causing the displacement, as defined, of civil service employees.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 19130 of the Government Code is amended to read: 19130. The purpose of this article is to establish standards for the use of personal services contracts. (a) Personal services contracting is permissible to achieve cost savings when all the following conditions are met: (1) The contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the state, provided that: (A) In comparing costs, there shall be included the state’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. (B) In comparing costs, there shall not be included the state’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed in state service. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing state costs that would be directly associated with the contracted function. These continuing state costs shall include, but not be limited to, those for inspection, supervision, and monitoring. (2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor’s wages are at the industry’s level and do not significantly undercut state pay rates. (3) The contract does not cause the displacement of civil service employees. The term “displacement” includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. (4) The contract does not adversely affect the state’s affirmative action efforts. (5) The savings shall be large enough to ensure that they will not be eliminated by private sector and state cost fluctuations that could normally be expected during the contracting period. (6) The amount of savings clearly justify the size and duration of the contracting agreement. (7) The contract is awarded through a publicized, competitive bidding process. (8) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination, affirmative action standards. (9) The potential for future economic risk to the state from potential contractor rate increases is minimal. (10) The contract is with a firm. A “firm” means a corporation, partnership, nonprofit organization, or sole proprietorship. (11) The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by state government. (b) Except as provided in subdivision (d), personal services contracting also shall be permissible when any of the following conditions can be met: (1) The functions contracted are exempted from civil service by Section 4 of Article VII of the California Constitution, which describes exempt appointments. (2) The contract is for a new state function and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. (3) The services contracted are not available within civil service, cannot be performed satisfactorily by civil service employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the civil service system. (4) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. (5) The legislative, administrative, or legal goals and purposes cannot be accomplished through the utilization of persons selected pursuant to the regular civil service system. Contracts are permissible under this criterion to protect against a conflict of interest or to insure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. (6) The nature of the work is such that the Government Code standards for emergency appointments apply. These contracts shall conform with Article 8 (commencing with Section 19888) of Chapter 2.5 of Part 2.6. (7) State agencies need private counsel because a conflict of interest on the part of the Attorney General’s office prevents it from representing the agency without compromising its position. These contracts shall require the written consent of the Attorney General, pursuant to Section 11040. (8) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the state in the location where the services are to be performed. (9) The contractor will conduct training courses for which appropriately qualified civil service instructors are not available, provided that permanent instructor positions in academies or similar settings shall be filled through civil service appointment. (10) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation under civil service would frustrate their very purpose. (c) All persons who provide services to the state under conditions the board determines constitute an employment relationship shall, unless exempted from civil service by Section 4 of Article VII of the California Constitution, be retained under an appropriate civil service appointment. (d) A personal services contract otherwise permitted pursuant to subdivision (b) is prohibited if it would cause the displacement of civil service employees. For the purposes of this subdivision, “displacement” includes layoff, demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class and general location. ### Summary: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1913

The people of the State of California do enact as follows: SECTION 1. Section 927.2 of the Government Code is amended to read: 927.2. The following definitions apply to this chapter: (a) “Claim schedule” means a schedule of payment requests prepared and submitted by a state agency to the Controller for payment to the named claimant. (b) “Grant” means a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered by any state agency. Any such grant is a contract and subject to this chapter. (c) “Invoice” means a bill or claim that requests payment on a contract under which a state agency acquires property or services or pursuant to a signed final grant agreement. (d) “Medi-Cal program” means the program established pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code. (e) “Nonprofit public benefit corporation” means a corporation, as defined by subdivision (b) of Section 5046 of the Corporations Code, that has registered with the Department of General Services as a small business. (f) “Nonprofit service organization” means a nonprofit entity that is organized to provide services to the public. (g) “Notice of refund or other payment due” means a state agency provides notice to the person that a refund or payment is owed to that person or the state agency receives notice from the person that a refund or undisputed payment is due. (h) “Payment” means any form of the act of paying, including, but not limited to, the issuance of a warrant or a registered warrant by the Controller, or the issuance of a revolving fund check by a state agency, to a claimant in the amount of an undisputed invoice. (i) “Reasonable cause” means a determination by a state agency that any of the following conditions are present: (1) There is a discrepancy between the invoice or claimed amount and the provisions of the contract or grant. (2) There is a discrepancy between the invoice or claimed amount and either the claimant’s actual delivery of property or services to the state or the state’s acceptance of those deliveries. (3) Additional evidence supporting the validity of the invoice or claimed amount is required to be provided to the state agency by the claimant. (4) The invoice has been improperly executed or needs to be corrected by the claimant. (5) There is a discrepancy between the refund or other payment due as calculated by the person to whom the money is owed and by the state agency. (j) “Received by a state agency” means the date an invoice is delivered to the state location or party specified in the contract or grant or, if a state location or party is not specified in the contract or grant, wherever otherwise specified by the state agency. (k) “Required payment approval date” means the date on which payment is due as specified in a contract or grant or, if a specific date is not established by the contract or grant, 30 calendar days following the date upon which an undisputed invoice is received by a state agency. (l) “Revolving fund” means a fund established pursuant to Article 5 (commencing with Section 16400) of Division 4 of Title 2. (m) “Small business” means a business certified as a “small business” in accordance with subdivision (d) of Section 14837, including certified small businesses engaged in the development, design, and construction of California’s high-speed rail system pursuant to the California High-Speed Rail Act (Division 19.5 (commencing with Section 185000) of the Public Utilities Code). (n) “Small business” and “nonprofit organization” mean, in reference to providers under the Medi-Cal program, a business or organization that meets all of the following criteria: (1) The principal office is located in California. (2) The officers, if any, are domiciled in California. (3) If a small business, it is independently owned and operated. (4) The business or organization is not dominant in its field of operation. (5) Together with any affiliates, the business or organization has gross receipts from business operations that do not exceed three four million dollars ($3,000,000) ($4,000,000) per year, except that the Director of Health Services may increase this amount if the director deems that this action would be in furtherance of the intent of this chapter. SECTION 1. Section 927 of the Government Code is amended to read: 927. (a)This chapter shall be known and may be cited as the California Prompt Payment Act. (b)It is the intent of the Legislature that state agencies pay properly submitted, undisputed invoices, refunds, or other undisputed payments due to individuals within 45 days of receipt or notification thereof, or automatically calculate and pay the appropriate late payment penalties as specified in this chapter. (c)Notwithstanding any other law, this chapter shall apply to all state agencies, including, but not limited to, the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Treasurer, and the Department of General Services.

The California Prompt Payment Act dictates that a state agency that fails to make a timely payment for goods or services acquired pursuant to a contract with a specified business or organization is subject to a late payment penalty, and dictates that the act applies to all state agencies, including, but not limited to, the Public Employees’ Retirement System. penalty. The act does not apply to claims for reimbursement for health care services provided under the Medi-Cal program, unless the Medi-Cal health care services provider is a small business or nonprofit organization. The act defines the terms “small business” and “nonprofit organization,” in reference to providers under the Medi-Cal program, to mean a business or organization that meets specified criteria, including that, except as specified, together with any affiliates, the business or organization has gross receipts from business operations that do not exceed $3,000,000 per year. This bill would make a nonsubstantive change to this provision. This bill would increase that gross receipts maximum to $4,000,000.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 927.2 of the Government Code is amended to read: 927.2. The following definitions apply to this chapter: (a) “Claim schedule” means a schedule of payment requests prepared and submitted by a state agency to the Controller for payment to the named claimant. (b) “Grant” means a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered by any state agency. Any such grant is a contract and subject to this chapter. (c) “Invoice” means a bill or claim that requests payment on a contract under which a state agency acquires property or services or pursuant to a signed final grant agreement. (d) “Medi-Cal program” means the program established pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code. (e) “Nonprofit public benefit corporation” means a corporation, as defined by subdivision (b) of Section 5046 of the Corporations Code, that has registered with the Department of General Services as a small business. (f) “Nonprofit service organization” means a nonprofit entity that is organized to provide services to the public. (g) “Notice of refund or other payment due” means a state agency provides notice to the person that a refund or payment is owed to that person or the state agency receives notice from the person that a refund or undisputed payment is due. (h) “Payment” means any form of the act of paying, including, but not limited to, the issuance of a warrant or a registered warrant by the Controller, or the issuance of a revolving fund check by a state agency, to a claimant in the amount of an undisputed invoice. (i) “Reasonable cause” means a determination by a state agency that any of the following conditions are present: (1) There is a discrepancy between the invoice or claimed amount and the provisions of the contract or grant. (2) There is a discrepancy between the invoice or claimed amount and either the claimant’s actual delivery of property or services to the state or the state’s acceptance of those deliveries. (3) Additional evidence supporting the validity of the invoice or claimed amount is required to be provided to the state agency by the claimant. (4) The invoice has been improperly executed or needs to be corrected by the claimant. (5) There is a discrepancy between the refund or other payment due as calculated by the person to whom the money is owed and by the state agency. (j) “Received by a state agency” means the date an invoice is delivered to the state location or party specified in the contract or grant or, if a state location or party is not specified in the contract or grant, wherever otherwise specified by the state agency. (k) “Required payment approval date” means the date on which payment is due as specified in a contract or grant or, if a specific date is not established by the contract or grant, 30 calendar days following the date upon which an undisputed invoice is received by a state agency. (l) “Revolving fund” means a fund established pursuant to Article 5 (commencing with Section 16400) of Division 4 of Title 2. (m) “Small business” means a business certified as a “small business” in accordance with subdivision (d) of Section 14837, including certified small businesses engaged in the development, design, and construction of California’s high-speed rail system pursuant to the California High-Speed Rail Act (Division 19.5 (commencing with Section 185000) of the Public Utilities Code). (n) “Small business” and “nonprofit organization” mean, in reference to providers under the Medi-Cal program, a business or organization that meets all of the following criteria: (1) The principal office is located in California. (2) The officers, if any, are domiciled in California. (3) If a small business, it is independently owned and operated. (4) The business or organization is not dominant in its field of operation. (5) Together with any affiliates, the business or organization has gross receipts from business operations that do not exceed three four million dollars ($3,000,000) ($4,000,000) per year, except that the Director of Health Services may increase this amount if the director deems that this action would be in furtherance of the intent of this chapter. SECTION 1. Section 927 of the Government Code is amended to read: 927. (a)This chapter shall be known and may be cited as the California Prompt Payment Act. (b)It is the intent of the Legislature that state agencies pay properly submitted, undisputed invoices, refunds, or other undisputed payments due to individuals within 45 days of receipt or notification thereof, or automatically calculate and pay the appropriate late payment penalties as specified in this chapter. (c)Notwithstanding any other law, this chapter shall apply to all state agencies, including, but not limited to, the Public Employees’ Retirement System, the State Teachers’ Retirement System, the Treasurer, and the Department of General Services. ### 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 23363.1 of the Business and Professions Code is amended to read: 23363.1. (a) A distilled spirits manufacturer’s license or a craft distiller’s license authorizes the licensee to conduct tastings of distilled spirits produced or bottled by, or produced or bottled for, the licensee, on or off the licensee’s premises. (b) (1) Distilled spirits tastings may be conducted by the licensee off the licensee’s premises only for an event sponsored by a nonprofit organization. A distilled spirits manufacturer shall not sell or solicit sales of distilled spirits at an event. The sponsoring organization shall first obtain a permit from the department. (2) For purposes of this subdivision, “nonprofit organization” does not include any community college or other institution of higher learning, as defined in the Education Code, nor does it include any officially recognized club, fraternity, or sorority, whether or not that entity is located on or off the institution’s campus. (c) Tastings on the licensee’s premises shall be subject to the following conditions: (1) The total volume of tastings of distilled spirits shall not exceed one and one-half ounces per individual per day. (2) Tastings shall only include the products that are authorized to be produced or bottled by or for the licensee. (3) A person under 21 years of age shall not serve tastes of distilled spirits. (d) Notwithstanding Section 25600, the licensee may provide distilled spirits without charge for any tastings conducted pursuant to this section. The licensee may charge for tastings conducted by the licensee on its licensed premises. (e) This section shall not relieve the holder of a distilled spirits manufacturer’s license of any civil or criminal liability arising out of a violation of Section 25602. SEC. 2. Article 6 (commencing with Section 23500) is added to Chapter 3 of Division 9 of the Business and Professions Code, to read: Article 6. Craft Distiller’s Licenses 23500. This act shall be known, and may be referenced as, the Craft Distillers Act of 2015. 23501. The Legislature hereby finds and declares all of the following: (a) The regulation and licensing of the sale of alcoholic beverages in this state has operated for over 80 years under what is commonly referred to as the “three-tier system,” which generally prohibits vertical integration within the distilled spirits industry. This system has helped in protecting against undue marketing influences within the distilled spirits industry and assisted the goals of promoting temperance and reasonable regulation of the sale of distilled spirits within the state. In addition, this system has helped create thousands of jobs and billions of dollars in economic development within California. (b) Small craft distillers have begun to operate in this state, and these craft distillers have begun to increase employment and provide jobs and economic development in various locations within the state. (c) It is the intent of the Legislature, in enacting this act, to encourage the development of the craft distilling industry within the state by enacting various limited exemptions to the general provisions of the three-tier system, while also continuing to uphold and support the three-tier system as the appropriate mechanism for regulating and licensing the sale of distilled spirits in California. 23502. (a) The department may issue a craft distiller’s license to a person that has facilities and equipment for the purposes of, and is engaged in, the commercial manufacture of distilled spirits. The craft distiller’s license authorizes the licensee to do all of the following: (1) Manufacture distilled spirits. A licensed craft distiller may manufacture up to 100,000 gallons of distilled spirits per fiscal year (July 1 through June 30), excluding brandy the craft distiller manufactures or has manufactured for them pursuant to a brandy manufacturer license, as reported to the department in the manner prescribed by the department for the fiscal year prior to the date of submitting an application for the license. (2) Package, rectify, mix, flavor, color, label, and export only those distilled spirits manufactured by the licensee. (3) Only sell distilled spirits that are manufactured and packaged by the licensee solely to a wholesaler, manufacturer, winegrower, manufacturer’s agent, or rectifier that holds a license authorizing the sale of distilled spirits or to persons that take delivery of those distilled spirits within this state for delivery or use without the state. (4) Deal in warehouse receipts. (b) A craft distiller’s license shall not be issued to any person, any officer, director, employee, or agent of such person, or any person who is affiliated with, directly or indirectly, a person that manufactures or has manufactured for them more than 100,000 gallons of distilled spirits per year within or without the state, excluding brandy it manufactures or has manufactured for them pursuant to a brandy manufacturer license, or to any person that is affiliated with, directly or indirectly, a wholesaler. (c) (1) The fee for an original craft distiller’s license issued pursuant to this section shall be consistent with the distilled spirits manufacturer’s license and shall be adjusted pursuant to subdivisions (b) and (c) of Section 23320. (2) The annual license fee for a craft distiller’s license shall be consistent with the distilled spirits manufacturer’s license and shall be adjusted pursuant to subdivisions (b) and (c) of Section 23320. (3) All moneys collected as fees pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. (d) A licensed craft distiller shall report to the department, at the time of renewal in the manner prescribed by the department, the amount of distilled spirits manufactured, excluding brandy manufactured by or for the licensee pursuant to a brandy manufacturer license, during the previous fiscal year. If the report to the department establishes that the licensee no longer qualifies to hold a craft distiller’s license, the department shall renew the license as a distilled spirits manufacturer’s license. 23504. Notwithstanding any other provision, a licensed craft distiller may sell up to the equivalent of 2.25 liters in any combination of prepackaged containers per day per consumer of distilled spirits manufactured by the licensee at its premises to a consumer attending an instructional tasting conducted by the licensee on its licensed premises pursuant to subdivision (c) of Section 23363.1. 23506. (a) Notwithstanding any other provision of this division, a licensed craft distiller or one or more of its direct or indirect subsidiaries of which the licensed craft distiller owns not less than a 51-percent interest, who manufactures or produces, bottles, processes, imports, or sells distilled spirits under a craft distiller’s license or any other license issued pursuant to this division, or any officer or director of, or any person holding any interest in, those persons may serve as an officer or director of, and may hold the ownership of any interest or any financial or representative relationship in, any on-sale license, or the business conducted under that license, provided that, except in the case of a holder of on-sale general licenses for airplanes and duplicate on-sale general licenses for air common carriers, all of the following conditions are met: (1) The on-sale licensee purchases all alcoholic beverages sold and served only from California wholesale licensees. (2) The number of distilled spirits items by brand offered for sale by the on-sale licensee that are manufactured, produced, bottled, processed, imported, or sold by the licensed craft distiller or by the subsidiary of which the licensed craft distiller owns not less than 51 percent, or by any officer or director of, or by any person holding any interest in, those persons does not exceed 15 percent of the total distilled spirits items by brand listed and offered for sale by the on-sale licensee selling and serving that distilled spirit. Notwithstanding paragraph (1), distilled spirits sold pursuant to this provision may be purchased from a California licensed craft distiller so long as the distilled spirits purchased are produced or bottled by, or produced and packaged for, the same licensed craft distiller that holds an interest in the on-sale license and such direct sales do not involve more than two on-sale licenses in which the licensed craft distiller or any person holding an interest in the licensed craft distiller holds any interest, directly or indirectly, either individually or in combination or together with each other in the aggregate. (3) None of the persons specified in this section may have any of the interests specified in this section in more than two on-sale licenses. (b) Notwithstanding any other provision of this division, a licensed craft distiller that has an interest in one or more on-sale retail licenses pursuant to this section may continue to hold that interest in the event the licensee no longer qualifies as a craft distiller, provided that the interest was first obtained at a time when the licensee did hold a craft distiller’s license pursuant to Section 23502. (c) A craft distiller licensee may sell all beers, wines, brandies, or distilled spirits to consumers for consumption on the premises in a bona fide eating place as defined in Section 23038, which is located on the licensed premises or on premises owned by the licensee that are contiguous licensed premises and which is operated by and for the licensee, provided that any alcoholic beverage products not manufactured or produced by the licensee must be purchased from a licensed wholesaler. Beer, wine, and brandy may be used in the preparation of food and beverages in the bona fide public eating place for consumption on the premises. 23508. (a) A licensed craft distiller may also have upon its licensed premises all beers, wines, and distilled spirits, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not manufactured or produced and bottled by, or manufactured or produced and packaged for, the licensed craft distiller shall be purchased by the licensed craft distiller only from a licensed wholesaler. (b) Notwithstanding any other provision of this division, in the event that the licensee no longer qualifies as a craft distiller due to the amount of distilled spirits reported pursuant to Section 23502, the licensee may continue to hold the privileges granted by this section. SEC. 3. Section 23771 of the Business and Professions Code is amended to read: 23771. A distilled spirits license of any kind, except a distilled spirits manufacturer’s, a craft distiller’s, or a distilled spirits manufacturer’s agent’s license, shall not be issued to any person, or to any officer, director, employee, or agent of any person that manufactures distilled spirits within or without this state. SEC. 4. Section 23772 of the Business and Professions Code is amended to read: 23772. (a) A distilled spirits manufacturer’s or distilled spirits manufacturer’s agent’s license shall not be held by any person that holds any ownership or interest, directly or indirectly, by stock ownership, interlocking directors, trusteeship, loan, mortgage, or lien on any personal or real property, or otherwise, in any craft distiller’s, distilled spirits wholesaler’s, rectifier’s, or retailer’s license. (b) The provisions of this section shall not apply to the financial or representative relationship between a manufacturer, winegrower, manufacturer’s agent, rectifier, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of that person, and a person holding only one of the following types of licenses: (1) On-sale general license for a bona fide club. (2) Club license (issued under Article 4 (commencing at Section 23425) of Chapter 3). (3) Veterans’ club license (issued under Article 5 (commencing at Section 23450) of Chapter 3). (4) On-sale license for boats, trains, sleeping cars, or airplanes where the alcoholic beverages produced or sold by the manufacturer, winegrower, manufacturer’s agent, rectifier, bottler, importer, or wholesaler or any officer, director, or agent of that person are not sold, furnished, or given, directly or indirectly, to the on-sale licensee.

The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by the Department of Alcoholic Beverage Control. Existing law provides for various annual fees for the issuance of alcoholic beverage licenses, depending upon the type of license issued. This bill, the Craft Distillers Act of 2015, would authorize the department to issue a craft distiller’s license to manufacture distilled spirits, subject to specified conditions, including that the licensee manufacture no more than 100,000 gallons of distilled spirits per fiscal year, excluding brandy the craft distiller manufactures or has manufactured for them. The bill would allow the craft distiller’s licensee to sell distilled spirits to specified consumers, to own interests in on-sale retail licenses, and to sell beer, wines, brandies, and distilled spirits to consumers for consumption on the premises of a bona fide eating place, as provided. The bill would impose an original fee and an annual renewal fee for the license, which would be deposited in the Alcohol Beverage Control Fund. The Alcoholic Beverage Control Act authorizes a licensed distilled spirits manufacturer to conduct tastings of distilled spirits produced or bottled by, or produced or bottled for, the licensee, on the licensed premises, under specified conditions, including that tasting not be given in the form of a cocktail or mixed drink. This bill would extend that authorization to a licensed craft distiller and would revise the tasting conditions by allowing a tasting to be given in the form of a cocktail or mixed drink. Existing law prohibits a distilled spirits manufacturer’s or distilled spirits manufacturer’s agent’s license from being held by a person that holds any ownership or interest in any distilled spirits wholesaler’s, rectifier’s, or retailer’s license, as specified. This bill would additionally prohibit a distilled spirits manufacturer’s or distilled spirits manufacturer’s agent’s license from being held by a person that holds any ownership or interest in a craft distiller’s license.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 23363.1 of the Business and Professions Code is amended to read: 23363.1. (a) A distilled spirits manufacturer’s license or a craft distiller’s license authorizes the licensee to conduct tastings of distilled spirits produced or bottled by, or produced or bottled for, the licensee, on or off the licensee’s premises. (b) (1) Distilled spirits tastings may be conducted by the licensee off the licensee’s premises only for an event sponsored by a nonprofit organization. A distilled spirits manufacturer shall not sell or solicit sales of distilled spirits at an event. The sponsoring organization shall first obtain a permit from the department. (2) For purposes of this subdivision, “nonprofit organization” does not include any community college or other institution of higher learning, as defined in the Education Code, nor does it include any officially recognized club, fraternity, or sorority, whether or not that entity is located on or off the institution’s campus. (c) Tastings on the licensee’s premises shall be subject to the following conditions: (1) The total volume of tastings of distilled spirits shall not exceed one and one-half ounces per individual per day. (2) Tastings shall only include the products that are authorized to be produced or bottled by or for the licensee. (3) A person under 21 years of age shall not serve tastes of distilled spirits. (d) Notwithstanding Section 25600, the licensee may provide distilled spirits without charge for any tastings conducted pursuant to this section. The licensee may charge for tastings conducted by the licensee on its licensed premises. (e) This section shall not relieve the holder of a distilled spirits manufacturer’s license of any civil or criminal liability arising out of a violation of Section 25602. SEC. 2. Article 6 (commencing with Section 23500) is added to Chapter 3 of Division 9 of the Business and Professions Code, to read: Article 6. Craft Distiller’s Licenses 23500. This act shall be known, and may be referenced as, the Craft Distillers Act of 2015. 23501. The Legislature hereby finds and declares all of the following: (a) The regulation and licensing of the sale of alcoholic beverages in this state has operated for over 80 years under what is commonly referred to as the “three-tier system,” which generally prohibits vertical integration within the distilled spirits industry. This system has helped in protecting against undue marketing influences within the distilled spirits industry and assisted the goals of promoting temperance and reasonable regulation of the sale of distilled spirits within the state. In addition, this system has helped create thousands of jobs and billions of dollars in economic development within California. (b) Small craft distillers have begun to operate in this state, and these craft distillers have begun to increase employment and provide jobs and economic development in various locations within the state. (c) It is the intent of the Legislature, in enacting this act, to encourage the development of the craft distilling industry within the state by enacting various limited exemptions to the general provisions of the three-tier system, while also continuing to uphold and support the three-tier system as the appropriate mechanism for regulating and licensing the sale of distilled spirits in California. 23502. (a) The department may issue a craft distiller’s license to a person that has facilities and equipment for the purposes of, and is engaged in, the commercial manufacture of distilled spirits. The craft distiller’s license authorizes the licensee to do all of the following: (1) Manufacture distilled spirits. A licensed craft distiller may manufacture up to 100,000 gallons of distilled spirits per fiscal year (July 1 through June 30), excluding brandy the craft distiller manufactures or has manufactured for them pursuant to a brandy manufacturer license, as reported to the department in the manner prescribed by the department for the fiscal year prior to the date of submitting an application for the license. (2) Package, rectify, mix, flavor, color, label, and export only those distilled spirits manufactured by the licensee. (3) Only sell distilled spirits that are manufactured and packaged by the licensee solely to a wholesaler, manufacturer, winegrower, manufacturer’s agent, or rectifier that holds a license authorizing the sale of distilled spirits or to persons that take delivery of those distilled spirits within this state for delivery or use without the state. (4) Deal in warehouse receipts. (b) A craft distiller’s license shall not be issued to any person, any officer, director, employee, or agent of such person, or any person who is affiliated with, directly or indirectly, a person that manufactures or has manufactured for them more than 100,000 gallons of distilled spirits per year within or without the state, excluding brandy it manufactures or has manufactured for them pursuant to a brandy manufacturer license, or to any person that is affiliated with, directly or indirectly, a wholesaler. (c) (1) The fee for an original craft distiller’s license issued pursuant to this section shall be consistent with the distilled spirits manufacturer’s license and shall be adjusted pursuant to subdivisions (b) and (c) of Section 23320. (2) The annual license fee for a craft distiller’s license shall be consistent with the distilled spirits manufacturer’s license and shall be adjusted pursuant to subdivisions (b) and (c) of Section 23320. (3) All moneys collected as fees pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. (d) A licensed craft distiller shall report to the department, at the time of renewal in the manner prescribed by the department, the amount of distilled spirits manufactured, excluding brandy manufactured by or for the licensee pursuant to a brandy manufacturer license, during the previous fiscal year. If the report to the department establishes that the licensee no longer qualifies to hold a craft distiller’s license, the department shall renew the license as a distilled spirits manufacturer’s license. 23504. Notwithstanding any other provision, a licensed craft distiller may sell up to the equivalent of 2.25 liters in any combination of prepackaged containers per day per consumer of distilled spirits manufactured by the licensee at its premises to a consumer attending an instructional tasting conducted by the licensee on its licensed premises pursuant to subdivision (c) of Section 23363.1. 23506. (a) Notwithstanding any other provision of this division, a licensed craft distiller or one or more of its direct or indirect subsidiaries of which the licensed craft distiller owns not less than a 51-percent interest, who manufactures or produces, bottles, processes, imports, or sells distilled spirits under a craft distiller’s license or any other license issued pursuant to this division, or any officer or director of, or any person holding any interest in, those persons may serve as an officer or director of, and may hold the ownership of any interest or any financial or representative relationship in, any on-sale license, or the business conducted under that license, provided that, except in the case of a holder of on-sale general licenses for airplanes and duplicate on-sale general licenses for air common carriers, all of the following conditions are met: (1) The on-sale licensee purchases all alcoholic beverages sold and served only from California wholesale licensees. (2) The number of distilled spirits items by brand offered for sale by the on-sale licensee that are manufactured, produced, bottled, processed, imported, or sold by the licensed craft distiller or by the subsidiary of which the licensed craft distiller owns not less than 51 percent, or by any officer or director of, or by any person holding any interest in, those persons does not exceed 15 percent of the total distilled spirits items by brand listed and offered for sale by the on-sale licensee selling and serving that distilled spirit. Notwithstanding paragraph (1), distilled spirits sold pursuant to this provision may be purchased from a California licensed craft distiller so long as the distilled spirits purchased are produced or bottled by, or produced and packaged for, the same licensed craft distiller that holds an interest in the on-sale license and such direct sales do not involve more than two on-sale licenses in which the licensed craft distiller or any person holding an interest in the licensed craft distiller holds any interest, directly or indirectly, either individually or in combination or together with each other in the aggregate. (3) None of the persons specified in this section may have any of the interests specified in this section in more than two on-sale licenses. (b) Notwithstanding any other provision of this division, a licensed craft distiller that has an interest in one or more on-sale retail licenses pursuant to this section may continue to hold that interest in the event the licensee no longer qualifies as a craft distiller, provided that the interest was first obtained at a time when the licensee did hold a craft distiller’s license pursuant to Section 23502. (c) A craft distiller licensee may sell all beers, wines, brandies, or distilled spirits to consumers for consumption on the premises in a bona fide eating place as defined in Section 23038, which is located on the licensed premises or on premises owned by the licensee that are contiguous licensed premises and which is operated by and for the licensee, provided that any alcoholic beverage products not manufactured or produced by the licensee must be purchased from a licensed wholesaler. Beer, wine, and brandy may be used in the preparation of food and beverages in the bona fide public eating place for consumption on the premises. 23508. (a) A licensed craft distiller may also have upon its licensed premises all beers, wines, and distilled spirits, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not manufactured or produced and bottled by, or manufactured or produced and packaged for, the licensed craft distiller shall be purchased by the licensed craft distiller only from a licensed wholesaler. (b) Notwithstanding any other provision of this division, in the event that the licensee no longer qualifies as a craft distiller due to the amount of distilled spirits reported pursuant to Section 23502, the licensee may continue to hold the privileges granted by this section. SEC. 3. Section 23771 of the Business and Professions Code is amended to read: 23771. A distilled spirits license of any kind, except a distilled spirits manufacturer’s, a craft distiller’s, or a distilled spirits manufacturer’s agent’s license, shall not be issued to any person, or to any officer, director, employee, or agent of any person that manufactures distilled spirits within or without this state. SEC. 4. Section 23772 of the Business and Professions Code is amended to read: 23772. (a) A distilled spirits manufacturer’s or distilled spirits manufacturer’s agent’s license shall not be held by any person that holds any ownership or interest, directly or indirectly, by stock ownership, interlocking directors, trusteeship, loan, mortgage, or lien on any personal or real property, or otherwise, in any craft distiller’s, distilled spirits wholesaler’s, rectifier’s, or retailer’s license. (b) The provisions of this section shall not apply to the financial or representative relationship between a manufacturer, winegrower, manufacturer’s agent, rectifier, distiller, bottler, importer, or wholesaler, or any officer, director, or agent of that person, and a person holding only one of the following types of licenses: (1) On-sale general license for a bona fide club. (2) Club license (issued under Article 4 (commencing at Section 23425) of Chapter 3). (3) Veterans’ club license (issued under Article 5 (commencing at Section 23450) of Chapter 3). (4) On-sale license for boats, trains, sleeping cars, or airplanes where the alcoholic beverages produced or sold by the manufacturer, winegrower, manufacturer’s agent, rectifier, bottler, importer, or wholesaler or any officer, director, or agent of that person are not sold, furnished, or given, directly or indirectly, to the on-sale licensee. ### 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 9114 of the Elections Code is amended to read: 9114. Except as provided in Section 9115, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall examine the petition, and from the records of registration ascertain whether or not the petition is signed by the requisite number of voters. A certificate showing the results of this examination shall be attached to the petition. In determining the number of valid signatures, the elections official may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with law. The elections official shall notify the proponents of the petition as to the sufficiency or insufficiency of the petition. If the petition is found insufficient, no further action shall be taken. However, the failure to secure sufficient signatures, shall not preclude the filing of a new petition on the same subject, at a later date. If the petition is found sufficient, the elections official shall immediately place the initiative measure that is the subject of the petition on the election ballot for which it qualifies pursuant to Section 1405, and certify the results of the examination to the board of supervisors at the next regular meeting of the board. If more than one election date is legally available, the elections official shall place the measure on the ballot for the earliest legally possible date unless the board of supervisors by resolution chooses a different legally possible date pursuant to Section 9116, 9118, 9214, 9215, 9310, or 9311. The measure shall not be removed from the ballot on which it has been placed under the procedures set forth above unless the elections official is notified in writing that the board of supervisors has adopted the measure without alteration, or the elections official is ordered to remove the measure via writ of mandate or injunction issued by a court of competent jurisdiction. SEC. 2. Section 9115 of the Elections Code is amended to read: 9115. (a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9114 shows that more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn so that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500, or 3 percent of the signatures, whichever is greater. (b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall, within 60 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, examine and verify the signatures filed. If the elections official determines, prior to completing the examination of each signature filed, that the petition is signed by the requisite number of qualified voters to declare the petition sufficient, the elections official may terminate the verification of the remaining unverified signatures. (c) In determining from the records of registration, what number of valid signatures are signed on the petition, the elections official may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with law. (d) The elections official shall attach to the petition a certificate showing the result of this examination and shall notify the proponents of either the sufficiency or insufficiency of the petition. (e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect. (f) If the petition is found to be sufficient, the elections official shall immediately place the initiative measure that is the subject of the petition on the election ballot for which it qualifies pursuant to Section 1405, and certify the results of the examination to the board of supervisors at the next regular meeting of the board. If more than one election date is legally available, the elections official shall place the measure on the ballot for the earliest legally possible date unless the board of supervisors by resolution chooses a different legally possible date pursuant to Section 9116, 9118, 9214, 9215, 9310, or 9311. The measure shall not be removed from the ballot on which it has been placed under the procedures set forth above unless the elections official is notified in writing that the board of supervisors has adopted the measure without alteration, or the elections official is ordered to remove the measure via writ of mandate or injunction issued by a court of competent jurisdiction. SEC. 3. Section 9211 of the Elections Code is amended to read: 9211. After the petition has been filed, as herein provided, the elections official shall examine and act on the petition in the same manner as are county petitions in accordance with Sections 9114 and 9115, except that for the purposes of this section, references to the board of supervisors shall be treated as references to the legislative body of the city. SEC. 3. SEC. 4. Section 9308 of the Elections Code is amended to read: 9308. Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays and holidays, the district elections official shall examine and act on the petition in the same manner as are county petitions in accordance with Sections 9114 and 9115, except that for purposes of this section, references to the board of supervisors shall be treated as references to the legislative body of the district. SEC. 4. SEC. 5. Section 9309 of the Elections Code is repealed. SEC. 5. 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.

Existing law authorizes any person who meets specified requirements to circulate an initiative petition to be presented to the voters at a municipal, county, or special district election. Existing law requires the elections official to examine the petitions, and from the records of registration ascertain whether or not the petition is signed by the requisite number of voters. If the petition is found sufficient, the elections official is required to certify the results of the examination to the appropriate legislative body. This bill would additionally require the elections official to immediately place the initiative measure on the election ballot for which it qualifies if the official finds the petition to be sufficient. If more than one election date is legally possible, the official would be required to place the measure on the ballot for the earliest legally possible date, unless as specified. The bill would apply this procedure to municipal, county, and district initiative measures, including city and city and county charter proposals, and to municipal referendum measures. The bill also would make a technical change. By imposing new requirements on local elections officials, the bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 9114 of the Elections Code is amended to read: 9114. Except as provided in Section 9115, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall examine the petition, and from the records of registration ascertain whether or not the petition is signed by the requisite number of voters. A certificate showing the results of this examination shall be attached to the petition. In determining the number of valid signatures, the elections official may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with law. The elections official shall notify the proponents of the petition as to the sufficiency or insufficiency of the petition. If the petition is found insufficient, no further action shall be taken. However, the failure to secure sufficient signatures, shall not preclude the filing of a new petition on the same subject, at a later date. If the petition is found sufficient, the elections official shall immediately place the initiative measure that is the subject of the petition on the election ballot for which it qualifies pursuant to Section 1405, and certify the results of the examination to the board of supervisors at the next regular meeting of the board. If more than one election date is legally available, the elections official shall place the measure on the ballot for the earliest legally possible date unless the board of supervisors by resolution chooses a different legally possible date pursuant to Section 9116, 9118, 9214, 9215, 9310, or 9311. The measure shall not be removed from the ballot on which it has been placed under the procedures set forth above unless the elections official is notified in writing that the board of supervisors has adopted the measure without alteration, or the elections official is ordered to remove the measure via writ of mandate or injunction issued by a court of competent jurisdiction. SEC. 2. Section 9115 of the Elections Code is amended to read: 9115. (a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9114 shows that more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn so that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500, or 3 percent of the signatures, whichever is greater. (b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall, within 60 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, examine and verify the signatures filed. If the elections official determines, prior to completing the examination of each signature filed, that the petition is signed by the requisite number of qualified voters to declare the petition sufficient, the elections official may terminate the verification of the remaining unverified signatures. (c) In determining from the records of registration, what number of valid signatures are signed on the petition, the elections official may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with law. (d) The elections official shall attach to the petition a certificate showing the result of this examination and shall notify the proponents of either the sufficiency or insufficiency of the petition. (e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures shall not preclude the filing later of an entirely new petition to the same effect. (f) If the petition is found to be sufficient, the elections official shall immediately place the initiative measure that is the subject of the petition on the election ballot for which it qualifies pursuant to Section 1405, and certify the results of the examination to the board of supervisors at the next regular meeting of the board. If more than one election date is legally available, the elections official shall place the measure on the ballot for the earliest legally possible date unless the board of supervisors by resolution chooses a different legally possible date pursuant to Section 9116, 9118, 9214, 9215, 9310, or 9311. The measure shall not be removed from the ballot on which it has been placed under the procedures set forth above unless the elections official is notified in writing that the board of supervisors has adopted the measure without alteration, or the elections official is ordered to remove the measure via writ of mandate or injunction issued by a court of competent jurisdiction. SEC. 3. Section 9211 of the Elections Code is amended to read: 9211. After the petition has been filed, as herein provided, the elections official shall examine and act on the petition in the same manner as are county petitions in accordance with Sections 9114 and 9115, except that for the purposes of this section, references to the board of supervisors shall be treated as references to the legislative body of the city. SEC. 3. SEC. 4. Section 9308 of the Elections Code is amended to read: 9308. Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays and holidays, the district elections official shall examine and act on the petition in the same manner as are county petitions in accordance with Sections 9114 and 9115, except that for purposes of this section, references to the board of supervisors shall be treated as references to the legislative body of the district. SEC. 4. SEC. 5. Section 9309 of the Elections Code is repealed. SEC. 5. 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. ### 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 14714 of the Welfare and Institutions Code is amended to read: 14714. (a) (1) Except as otherwise specified in this chapter, a contract entered into pursuant to this chapter shall include a provision that the mental health plan contractor shall bear the financial risk for the cost of providing medically necessary specialty mental health services to Medi-Cal beneficiaries. (2) If the mental health plan is not administered by a county, the mental health plan shall not transfer the obligation for any specialty mental health services to Medi-Cal beneficiaries to the county. The mental health plan may purchase services from the county. The mental health plan shall establish mutually agreed-upon protocols with the county that clearly establish conditions under which beneficiaries may obtain non-Medi-Cal reimbursable services from the county. Additionally, the plan shall establish mutually agreed-upon protocols with the county for the conditions of transfer of beneficiaries who have lost Medi-Cal eligibility to the county for care under Part 2 (commencing with Section 5600), Part 3 (commencing with Section 5800), and Part 4 (commencing with Section 5850) of Division 5. (3) The mental health plan shall be financially responsible for ensuring access and a minimum required scope of benefits and services, consistent with state and federal requirements, to Medi-Cal beneficiaries who are residents of that county regardless of where the beneficiary resides, except as provided for in Section 14717.1. The department shall require that the same definition of medical necessity be used, and the minimum scope of benefits offered by each mental health plan be the same, except to the extent that prior federal approval is received and is consistent with state and federal laws. (b) (1) Any contract entered into pursuant to this chapter may be renewed if the mental health plan continues to meet the requirements of this chapter, regulations promulgated pursuant to this chapter, and the terms and conditions of the contract. Failure to meet these requirements shall be cause for nonrenewal of the contract. The department may base the decision to renew on timely completion of a mutually agreed-upon plan of correction of any deficiencies, submissions of required information in a timely manner, or other conditions of the contract. (2) In the event the contract is not renewed based on the reasons specified in paragraph (1), the department shall notify the Department of Finance, the fiscal and policy committees of the Legislature, and the Controller of the amounts to be sequestered from the Mental Health Subaccount, the Mental Health Equity Account, and the Vehicle License Fee Collection Account of the Local Revenue Fund and the Mental Health Account and the Behavioral Health Subaccount of the Local Revenue Fund 2011, and the Controller shall sequester those funds in the Behavioral Health Subaccount pursuant to Section 30027.10 of thetion and notification to affected beneficiaries. The plan may request a hearing by the Office of Administrative Hearings and Appeals. (e) A mental health plan may terminate its contract in accordance with the provisions in the contract. The mental health plan shall provide written notice to the department at least 180 days prior to the termination or nonrenewal of the contract. (f) Upon the request of the director, the Director of the Department of Managed Health Care may exempt a mental health plan from the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). These exemptions may be subject to conditions the director deems appropriate. Nothing in this chapter shall be construed to impair or diminish the authority of the Director of the Department of Managed Health Care under the Knox-Keene Health Care Service Plan Act of 1975, nor shall anything in this chapter be construed to reduce or otherwise limit the obligation of a mental health plan contractor licensed as a health care service plan to comply with the requirements of the Knox-Keene Health Care Service Plan Act of 1975, and the rules of the Director of the Department of Managed Health Care promulgated under the Knox-Keene Health Care Service Plan Act of 1975. The director, in consultation with the Director of the Department of Managed Health Care, shall analyze the appropriateness of licensure or application of applicable standards of the Knox-Keene Health Care Service Plan Act of 1975. (g) The department shall provide oversight to the mental health plans to ensure quality, access, cost efficiency, and compliance with data and reporting requirements. At a minimum, the department shall, through a method independent of any agency of the mental health plan contractor, monitor the level and quality of services provided, expenditures pursuant to the contract, and conformity with federal and state law. (h) County employees implementing or administering a mental health plan act in a discretionary capacity when they determine whether or not to admit a person for care or to provide any level of care pursuant to this chapter. (i) If a county discontinues operations as the mental health plan, the department shall approve any new mental health plan. The new mental health plan shall give reasonable consideration to affiliation with nonprofit community mental health agencies that were under contract with the county and that meet the mental health plan’s quality and cost efficiency standards. (j) Nothing in this chapter shall be construed to modify, alter, or increase the obligations of counties as otherwise limited and defined in Chapter 3 (commencing with Section 5700) of Part 2 of Division 5. The county’s maximum obligation for services to persons not eligible for Medi-Cal shall be no more than the amount of funds remaining in the mental health subaccount pursuant to Sections 17600, 17601, 17604, 17605, and 17609 after fulfilling the Medi-Cal contract obligations. SEC. 2. Section 14717.1 is added to the Welfare and Institutions Code, to read: 14717.1. (a) (1) It is the intent of the Legislature to ensure that foster children who are placed outside of their county of original jurisdiction are able to access specialty mental health services in a timely manner, consistent with their individual strengths and needs and the requirements of federal Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services. (2) It is the further intent of the Legislature to overcome any barriers to care that may result when responsibility for providing or arranging for specialty mental health services to foster children who are placed outside of their county of original jurisdiction is retained by the county of original jurisdiction. (b) In order to facilitate the receipt of medically necessary specialty mental health services by a foster child who is placed outside of his or her county of original jurisdiction, the California Health and Human Services Agency shall coordinate with the department and the State Department of Social Services to take all of the following actions on or before July 1, 2017: (1) The department shall issue policy guidance concerning the conditions for and exceptions to presumptive transfer, as described in subdivisions (c) and (d), in consultation with the State Department of Social Services and with the input of stakeholders that include the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, provider representatives, and family and youth advocates. (2) Policy guidance concerning the conditions for and exceptions to presumptive transfer shall ensure that: (A) The transfer of responsibility improves access to specialty mental health care services consistent with the mental health needs of the foster youth. (B) Presumptive transfer does not disrupt the continuity of care. (C) Conditions and exceptions are applied consistently statewide giving due consideration to the varying capabilities of small, medium, and large counties. (D) Presumptive transfer can be waived only with an individualized determination that an exception applies. (E) A party to the case who disagrees with the presumptive transfer individualized exception determination made by the county placing agency pursuant to subdivision (d) is afforded an opportunity to request judicial review prior to a transfer or exception being finalized. (F) There is a procedure for expedited transfer within 48 hours of placement of the child outside of the county of original jurisdiction. (c) “Presumptive transfer,” for the purposes of this section, means that absent any exceptions as established pursuant to this section, responsibility for providing or arranging for specialty mental health services shall promptly transfer from the county of original jurisdiction to the county in which the foster child resides, under either of the following conditions: (1) A foster child is placed in a county other than the county of original jurisdiction on or after July 1, 2017. (2) A foster youth who resides in a county other than the county of original jurisdiction after June 30, 2017, and is not receiving specialty mental health services consistent with his or her mental health needs, requests transfer of responsibility. A foster child who resided in a county other than the county of original jurisdiction after June 30, 2017, and who continues to reside outside the county of original jurisdiction after December 31, 2017, shall have jurisdiction transferred no later than the child’s first regularly scheduled status review hearing conducted pursuant to Section 366 in the 2018 calendar year unless an exception described under subdivision (d) applies. (d) (1) On a case-by-case basis, and when consistent with the medical rights of children in foster care, presumptive transfer may be waived and the responsibility for the provision of specialty mental health services shall remain with the county of original jurisdiction if any of the exceptions described in paragraph (5) exist. (2) A request for waiver in a manner established by the department may be made by the foster child, the person or agency that is responsible for making mental health care decisions on behalf of the foster child, the county probation agency or the child welfare services agency with responsibility for the care and placement of the child, or any other interested party who owes a legal duty to the child involving the child’s health or welfare, as defined by the department. (3) The county probation agency or the child welfare services agency with responsibility for the care and placement of the child, in consultation with the child and his or her parent, the child and family team if one exists, and other professionals who serve the child as appropriate, is responsible for determining whether waiver of the presumptive transfer is appropriate pursuant to the conditions and exceptions established under this section. The person who requested the exception, along with any other parties to the case, shall receive notice of the county agency’s determination. (4) The individual who requested the exception or any other party to the case who disagrees with the determination made by the county agency pursuant to paragraph (3) may request judicial review prior to the county’s determination becoming final. The court may set the matter for hearing and may confirm or deny the transfer of jurisdiction or application of an exception based on the best interest of the child. (5) Presumptive transfer may be waived under any of the following exceptions: (A) It is determined that the transfer would disrupt continuity of care or delay access to services provided to the foster child. (B) It is determined that the transfer would interfere with family reunification efforts documented in the individual case plan. (C) The foster child’s placement in a county other than the county of original jurisdiction is expected to last less than six months. (D) The foster child’s residence is within 30 minutes of travel time to his or her established specialty mental health care provider in the county of original jurisdiction. (6) A waiver processed based on an exception to presumptive transfer shall be contingent upon the mental health plan in the county of original jurisdiction demonstrating an existing contract with a specialty mental health care provider, or the ability to enter into a contract within 30 days of the waiver decision, and the ability to deliver timely specialty mental health services directly to the foster child. That information shall be documented in the child’s case plan. (7) A request for waiver, the exceptions claimed as the basis for the request, a determination whether a waiver is determined to be appropriate under this section, and any objections to the determination shall be documented in the foster child’s case plan pursuant to Section 16501.1. (e) If the mental health plan in the county of original jurisdiction has completed an assessment of needed services for the foster child, the mental health plan in the county in which the foster child resides shall accept that assessment. The mental health plan in the county in which the foster child resides may conduct additional assessments if the foster child’s needs change or an updated assessment is needed to determine the child’s needs and identify the needed treatment and services to address those needs. (f) Upon presumptive transfer, the mental health plan in the county in which the foster child resides shall assume responsibility for the authorization and provision of specialty mental health services and payments for services. The foster child transferred to the mental health plan in the county in which the foster child resides shall be considered part of the county of residence caseload for claiming purposes from the Behavioral Health Subaccount and the Behavioral Health Services Growth Special Account, both created pursuant to Section 30025 of the Government Code. (g) The State Department of Social Services and the State Department of Health Care Services shall adopt regulations by July 1, 2019, to implement this section. 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 State Department of Social Services and the State Department of Health Care Services may implement and administer the changes made by this legislation through all-county letters, information notices, or similar written instructions until regulations are adopted. (h) If the department determines it is necessary, it shall seek approval from the United States Department of Health and Human Services, federal Centers for Medicare and Medicaid Services (CMS) prior to implementing this section. (i) If the department makes the determination that it is necessary to seek CMS approval pursuant to subdivision (h), the department shall make an official request for approval from CMS no later than January 1, 2017. (j) This section shall be implemented only if and to the extent that federal financial participation under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396, et seq.) is available and all necessary federal approvals have been obtained. 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 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 provides that specialty mental health services and Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) for any individual under 21 years of age are covered under Medi-Cal, consistent with the requirements of federal law. Federal law defines EPSDT to include screening services, vision services, dental services, hearing services, and other necessary services to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not the services are covered under the state plan. Existing law provides that specialty mental health services include EPSDT services provided to eligible Medi-Cal beneficiaries under 21 years of age. Existing law requires each local mental health plan to establish a procedure to ensure access to outpatient specialty mental health services, as required by the EPSDT program standards, for children in foster care who have been placed outside their county of adjudication. Existing law includes standardized contracts, procedures, documents, and forms, to facilitate the receipt of medically necessary specialty mental health services by a foster child who is placed outside his or her county of original jurisdiction. This bill would declare the intent of the Legislature to ensure that foster children who are placed outside of their county of original jurisdiction, are able to access mental health services in a timely manner consistent with their individualized strengths and needs and the requirements of EPSDT program standards and requirements. The bill would require the department to issue policy guidance that establishes the conditions for and exceptions to presumptive transfer of responsibility for providing or arranging for mental health services to a foster child from the county of original jurisdiction to the county in which the foster child resides, as prescribed. The bill would define presumptive transfer for these purposes. The bill would authorize any interested party who owes a legal duty to the child involving the child’s health or welfare to seek a waiver of presumptive transfer and would provide that the county probation agency or child welfare services agency with responsibility for the care and placement of the child is responsible for determining whether presumptive transfer is appropriate under specified conditions, including when a determination is made that the transfer of mental health services would disrupt continuity of care or timely access to services, as specified. The bill would require the mental health plan in the host county to assume responsibility for the authorization and provision of mental health services, and payments for services, upon the presumptive transfer. By increasing the responsibilities of county probation agencies or child welfare services agencies with respect to determining whether presumptive transfer is appropriate, the bill would impose a state-mandated local program. This bill would require the department to seek approval from the United States Department of Health and Human Services, federal Centers for Medicare and Medicaid Services (CMS) prior to implementing these provisions if the department determines that approval is necessary. The bill would authorize the department and the State Department of Social Services to adopt regulations to implement these provisions by July 1, 2019, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 14714 of the Welfare and Institutions Code is amended to read: 14714. (a) (1) Except as otherwise specified in this chapter, a contract entered into pursuant to this chapter shall include a provision that the mental health plan contractor shall bear the financial risk for the cost of providing medically necessary specialty mental health services to Medi-Cal beneficiaries. (2) If the mental health plan is not administered by a county, the mental health plan shall not transfer the obligation for any specialty mental health services to Medi-Cal beneficiaries to the county. The mental health plan may purchase services from the county. The mental health plan shall establish mutually agreed-upon protocols with the county that clearly establish conditions under which beneficiaries may obtain non-Medi-Cal reimbursable services from the county. Additionally, the plan shall establish mutually agreed-upon protocols with the county for the conditions of transfer of beneficiaries who have lost Medi-Cal eligibility to the county for care under Part 2 (commencing with Section 5600), Part 3 (commencing with Section 5800), and Part 4 (commencing with Section 5850) of Division 5. (3) The mental health plan shall be financially responsible for ensuring access and a minimum required scope of benefits and services, consistent with state and federal requirements, to Medi-Cal beneficiaries who are residents of that county regardless of where the beneficiary resides, except as provided for in Section 14717.1. The department shall require that the same definition of medical necessity be used, and the minimum scope of benefits offered by each mental health plan be the same, except to the extent that prior federal approval is received and is consistent with state and federal laws. (b) (1) Any contract entered into pursuant to this chapter may be renewed if the mental health plan continues to meet the requirements of this chapter, regulations promulgated pursuant to this chapter, and the terms and conditions of the contract. Failure to meet these requirements shall be cause for nonrenewal of the contract. The department may base the decision to renew on timely completion of a mutually agreed-upon plan of correction of any deficiencies, submissions of required information in a timely manner, or other conditions of the contract. (2) In the event the contract is not renewed based on the reasons specified in paragraph (1), the department shall notify the Department of Finance, the fiscal and policy committees of the Legislature, and the Controller of the amounts to be sequestered from the Mental Health Subaccount, the Mental Health Equity Account, and the Vehicle License Fee Collection Account of the Local Revenue Fund and the Mental Health Account and the Behavioral Health Subaccount of the Local Revenue Fund 2011, and the Controller shall sequester those funds in the Behavioral Health Subaccount pursuant to Section 30027.10 of thetion and notification to affected beneficiaries. The plan may request a hearing by the Office of Administrative Hearings and Appeals. (e) A mental health plan may terminate its contract in accordance with the provisions in the contract. The mental health plan shall provide written notice to the department at least 180 days prior to the termination or nonrenewal of the contract. (f) Upon the request of the director, the Director of the Department of Managed Health Care may exempt a mental health plan from the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). These exemptions may be subject to conditions the director deems appropriate. Nothing in this chapter shall be construed to impair or diminish the authority of the Director of the Department of Managed Health Care under the Knox-Keene Health Care Service Plan Act of 1975, nor shall anything in this chapter be construed to reduce or otherwise limit the obligation of a mental health plan contractor licensed as a health care service plan to comply with the requirements of the Knox-Keene Health Care Service Plan Act of 1975, and the rules of the Director of the Department of Managed Health Care promulgated under the Knox-Keene Health Care Service Plan Act of 1975. The director, in consultation with the Director of the Department of Managed Health Care, shall analyze the appropriateness of licensure or application of applicable standards of the Knox-Keene Health Care Service Plan Act of 1975. (g) The department shall provide oversight to the mental health plans to ensure quality, access, cost efficiency, and compliance with data and reporting requirements. At a minimum, the department shall, through a method independent of any agency of the mental health plan contractor, monitor the level and quality of services provided, expenditures pursuant to the contract, and conformity with federal and state law. (h) County employees implementing or administering a mental health plan act in a discretionary capacity when they determine whether or not to admit a person for care or to provide any level of care pursuant to this chapter. (i) If a county discontinues operations as the mental health plan, the department shall approve any new mental health plan. The new mental health plan shall give reasonable consideration to affiliation with nonprofit community mental health agencies that were under contract with the county and that meet the mental health plan’s quality and cost efficiency standards. (j) Nothing in this chapter shall be construed to modify, alter, or increase the obligations of counties as otherwise limited and defined in Chapter 3 (commencing with Section 5700) of Part 2 of Division 5. The county’s maximum obligation for services to persons not eligible for Medi-Cal shall be no more than the amount of funds remaining in the mental health subaccount pursuant to Sections 17600, 17601, 17604, 17605, and 17609 after fulfilling the Medi-Cal contract obligations. SEC. 2. Section 14717.1 is added to the Welfare and Institutions Code, to read: 14717.1. (a) (1) It is the intent of the Legislature to ensure that foster children who are placed outside of their county of original jurisdiction are able to access specialty mental health services in a timely manner, consistent with their individual strengths and needs and the requirements of federal Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services. (2) It is the further intent of the Legislature to overcome any barriers to care that may result when responsibility for providing or arranging for specialty mental health services to foster children who are placed outside of their county of original jurisdiction is retained by the county of original jurisdiction. (b) In order to facilitate the receipt of medically necessary specialty mental health services by a foster child who is placed outside of his or her county of original jurisdiction, the California Health and Human Services Agency shall coordinate with the department and the State Department of Social Services to take all of the following actions on or before July 1, 2017: (1) The department shall issue policy guidance concerning the conditions for and exceptions to presumptive transfer, as described in subdivisions (c) and (d), in consultation with the State Department of Social Services and with the input of stakeholders that include the County Welfare Directors Association of California, the Chief Probation Officers of California, the County Behavioral Health Directors Association of California, provider representatives, and family and youth advocates. (2) Policy guidance concerning the conditions for and exceptions to presumptive transfer shall ensure that: (A) The transfer of responsibility improves access to specialty mental health care services consistent with the mental health needs of the foster youth. (B) Presumptive transfer does not disrupt the continuity of care. (C) Conditions and exceptions are applied consistently statewide giving due consideration to the varying capabilities of small, medium, and large counties. (D) Presumptive transfer can be waived only with an individualized determination that an exception applies. (E) A party to the case who disagrees with the presumptive transfer individualized exception determination made by the county placing agency pursuant to subdivision (d) is afforded an opportunity to request judicial review prior to a transfer or exception being finalized. (F) There is a procedure for expedited transfer within 48 hours of placement of the child outside of the county of original jurisdiction. (c) “Presumptive transfer,” for the purposes of this section, means that absent any exceptions as established pursuant to this section, responsibility for providing or arranging for specialty mental health services shall promptly transfer from the county of original jurisdiction to the county in which the foster child resides, under either of the following conditions: (1) A foster child is placed in a county other than the county of original jurisdiction on or after July 1, 2017. (2) A foster youth who resides in a county other than the county of original jurisdiction after June 30, 2017, and is not receiving specialty mental health services consistent with his or her mental health needs, requests transfer of responsibility. A foster child who resided in a county other than the county of original jurisdiction after June 30, 2017, and who continues to reside outside the county of original jurisdiction after December 31, 2017, shall have jurisdiction transferred no later than the child’s first regularly scheduled status review hearing conducted pursuant to Section 366 in the 2018 calendar year unless an exception described under subdivision (d) applies. (d) (1) On a case-by-case basis, and when consistent with the medical rights of children in foster care, presumptive transfer may be waived and the responsibility for the provision of specialty mental health services shall remain with the county of original jurisdiction if any of the exceptions described in paragraph (5) exist. (2) A request for waiver in a manner established by the department may be made by the foster child, the person or agency that is responsible for making mental health care decisions on behalf of the foster child, the county probation agency or the child welfare services agency with responsibility for the care and placement of the child, or any other interested party who owes a legal duty to the child involving the child’s health or welfare, as defined by the department. (3) The county probation agency or the child welfare services agency with responsibility for the care and placement of the child, in consultation with the child and his or her parent, the child and family team if one exists, and other professionals who serve the child as appropriate, is responsible for determining whether waiver of the presumptive transfer is appropriate pursuant to the conditions and exceptions established under this section. The person who requested the exception, along with any other parties to the case, shall receive notice of the county agency’s determination. (4) The individual who requested the exception or any other party to the case who disagrees with the determination made by the county agency pursuant to paragraph (3) may request judicial review prior to the county’s determination becoming final. The court may set the matter for hearing and may confirm or deny the transfer of jurisdiction or application of an exception based on the best interest of the child. (5) Presumptive transfer may be waived under any of the following exceptions: (A) It is determined that the transfer would disrupt continuity of care or delay access to services provided to the foster child. (B) It is determined that the transfer would interfere with family reunification efforts documented in the individual case plan. (C) The foster child’s placement in a county other than the county of original jurisdiction is expected to last less than six months. (D) The foster child’s residence is within 30 minutes of travel time to his or her established specialty mental health care provider in the county of original jurisdiction. (6) A waiver processed based on an exception to presumptive transfer shall be contingent upon the mental health plan in the county of original jurisdiction demonstrating an existing contract with a specialty mental health care provider, or the ability to enter into a contract within 30 days of the waiver decision, and the ability to deliver timely specialty mental health services directly to the foster child. That information shall be documented in the child’s case plan. (7) A request for waiver, the exceptions claimed as the basis for the request, a determination whether a waiver is determined to be appropriate under this section, and any objections to the determination shall be documented in the foster child’s case plan pursuant to Section 16501.1. (e) If the mental health plan in the county of original jurisdiction has completed an assessment of needed services for the foster child, the mental health plan in the county in which the foster child resides shall accept that assessment. The mental health plan in the county in which the foster child resides may conduct additional assessments if the foster child’s needs change or an updated assessment is needed to determine the child’s needs and identify the needed treatment and services to address those needs. (f) Upon presumptive transfer, the mental health plan in the county in which the foster child resides shall assume responsibility for the authorization and provision of specialty mental health services and payments for services. The foster child transferred to the mental health plan in the county in which the foster child resides shall be considered part of the county of residence caseload for claiming purposes from the Behavioral Health Subaccount and the Behavioral Health Services Growth Special Account, both created pursuant to Section 30025 of the Government Code. (g) The State Department of Social Services and the State Department of Health Care Services shall adopt regulations by July 1, 2019, to implement this section. 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 State Department of Social Services and the State Department of Health Care Services may implement and administer the changes made by this legislation through all-county letters, information notices, or similar written instructions until regulations are adopted. (h) If the department determines it is necessary, it shall seek approval from the United States Department of Health and Human Services, federal Centers for Medicare and Medicaid Services (CMS) prior to implementing this section. (i) If the department makes the determination that it is necessary to seek CMS approval pursuant to subdivision (h), the department shall make an official request for approval from CMS no later than January 1, 2017. (j) This section shall be implemented only if and to the extent that federal financial participation under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396, et seq.) is available and all necessary federal approvals have been obtained. 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. Chapter 5 (commencing with Section 400) is added to Division 0.5 of the Elections Code, to read: CHAPTER 5. State Preclearance 400. For purposes of this chapter, the following terms have the following meanings: (a) “Citizen” means a citizen of the United States. (b) “Citizen voting-age population” means the population of citizens who are 18 years of age or older within a political subdivision, as calculated by the United States Census Bureau in the most recent federal decennial census. (c) “Covered political subdivision” means a political subdivision with two or more racial or ethnic groups that each represent at least 20 percent of the citizen voting-age population in the political subdivision. (d) “Electoral jurisdiction” means a geographic area within which reside the voters who are qualified to vote for an elective office. (e) “Multilingual voting materials” means registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, provided in the language of one or more language minority groups. (f) “Political subdivision” means a geographic area of representation created for the provision of government services, including, but not limited to, a city, a school district, a community college district, or other district organized pursuant to state law. (g) “Protected class” means a class of voters who are members of a race, color, or language minority group, as this class is referenced and defined in the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (h) “Voting locations” means places for casting a ballot. 401. To ensure that the right of citizens who reside in California to vote is not denied or abridged on account of race, color, or language minority status through the enforcement of a voting-related law, regulation, or policy that is enacted or administered after the enactment date of this chapter, the following voting-related laws, regulations, and policies shall be subject to this chapter: (a) A change to an at-large method of election that adds offices elected at-large or converts offices elected by single-member districts to one or more at-large or multimember districts. (b) A change to the boundaries of an electoral jurisdiction, or a series of changes within a year to the boundaries of an electoral jurisdiction, that reduces the proportion of the citizen voting-age population that are members of a single protected class by 5 or more percent. (c) A change through redistricting that alters the boundaries of districts within an electoral jurisdiction in which a single protected class has experienced a population increase of at least 25,000 residents or at least 20 percent of the citizen voting-age population of the protected class over the preceding decade, as determined by the five-year estimates of the United States Census American Community Survey. (d) A change to multilingual voting materials that reduces the voting materials available in languages other than English, or that alters the manner in which the materials are provided or distributed, if no similar reduction or alteration occurred in materials provided in English. 402. (a) If a covered political subdivision enacts or seeks to administer a voting-related law, regulation, or policy described in Section 401 that is different from that in force or effect on the date this chapter is enacted, the governing body of the covered political subdivision shall submit the law, regulation, or policy to the Secretary of State for approval. The law, regulation, or policy shall not take effect or be administered in the covered political subdivision until the law, regulation, or policy is approved by the Secretary of State. (b) The Secretary of State shall provide a written decision to the governing body of the covered political subdivision within 60 days of a request to enact or administer a voting-related law, regulation, or policy described in Section 401. If the Secretary of State fails to provide a written decision within 60 days, the governing body of the covered political subdivision may implement the law, regulation, or policy. The governing body of the covered political subdivision may make a written request for an expedited review of a law, regulation, or policy if the covered political subdivision has a demonstrated need to implement the proposed change before the end of the 60-day review period. The written request shall describe the basis for the request in light of conditions in the covered political subdivision and shall specify the date by which a decision is needed. The Secretary of State shall attempt to accommodate a reasonable request. (c) The governing body of the covered political subdivision shall have the burden of establishing, by objective and compelling evidence, that the law, regulation, or policy satisfies both of the following: (1) Is not likely to result in a discriminatory effect on the participation of voters from a protected class that constitutes at least 20 percent of the covered political subdivision’s citizen voting-age population. (2) Is not motivated in whole or substantially in part by an intent to reduce the participation of voters from a protected class. (d) If the Secretary of State denies a request to enact or administer a law, regulation, or policy, the governing body of the covered political subdivision may seek review of the decision by means of an action filed in superior court. (e) The Secretary of State may file suit to enjoin the governing body of a covered political subdivision from implementing a law, regulation, or policy in violation of this section. (f) Venue for an action filed pursuant to subdivision (d) or (e) shall lie exclusively in the Superior Court for the County of Sacramento. (g) Notwithstanding any other law, a covered political subdivision may enact or administer a voting-related law, regulation, or policy described in Section 401 that is different from that in force or effect on the date this chapter is enacted if doing so is necessary because of an unexpected circumstance that occurred during the 30 days immediately preceding an election, in which case the covered political subdivision may enact or administer the law, regulation, or policy only for purposes of that election. After the election, the covered political subdivision shall immediately submit the law, regulation, or policy to the Secretary of State for approval pursuant to this section. 403. (a) The Attorney General, or a registered voter who resides in a covered political subdivision where the change to a voting-related law, regulation, or policy occurred, may file an action in superior court to compel the covered political subdivision to satisfy the obligations set forth in this chapter. (b) In an action brought pursuant to this section, a court shall provide as a remedy that the voting-related law, regulation, or policy be enjoined unless the court determines that the law, regulation, or policy is not subject to this chapter or has been approved by the procedures established in Section 402. 404. For purposes of this chapter, any data provided by the United States Census Bureau, whether based on enumeration or statistical sampling, shall not be subject to challenge or review by any court. 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, the federal Voting Rights Act of 1965, provides that a change in voting procedures may not take effect in a state or political subdivision that is covered by the preclearance requirements of the federal act until the change is approved by a specified federal authority. A state or political subdivision is covered by the preclearance requirements of the federal act if it maintained a specified test or device as a prerequisite to voting, and had low voter registration or turnout, in the 1960s and early 1970s. The federal act allows a state or political subdivision covered by the act to obtain an exemption from the preclearance requirements if it satisfies specified criteria. The United States Supreme Court has held that the coverage formula of the federal act is unconstitutional and may not be used as a basis for requiring a jurisdiction to subject a proposed change in voting procedures to federal preclearance. Before that holding, the Counties of Kings, Monterey, and Yuba were covered jurisdictions subject to the federal preclearance requirements. This bill would establish a state preclearance system. Under this system, if a covered political subdivision, as defined, enacts or seeks to administer a voting-related law, regulation, or policy, as specified, that is different from that in force or effect on the date this act is enacted, the governing body of the covered political subdivision would be required to submit the law, regulation, or policy to the Secretary of State for approval. The bill would require the Secretary of State to approve the law, regulation, or policy only if specified conditions are met. The bill would provide that the law, regulation, or policy will not take effect or be administered in the covered political subdivision until the law, regulation, or policy is approved by the Secretary of State, except as specified. The bill would allow the governing body of the covered political subdivision to seek review of the Secretary of State’s decision by means of an action filed in the Superior Court of Sacramento. By requiring local governments to seek approval of the Secretary of State for changes to voting procedures, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 5 (commencing with Section 400) is added to Division 0.5 of the Elections Code, to read: CHAPTER 5. State Preclearance 400. For purposes of this chapter, the following terms have the following meanings: (a) “Citizen” means a citizen of the United States. (b) “Citizen voting-age population” means the population of citizens who are 18 years of age or older within a political subdivision, as calculated by the United States Census Bureau in the most recent federal decennial census. (c) “Covered political subdivision” means a political subdivision with two or more racial or ethnic groups that each represent at least 20 percent of the citizen voting-age population in the political subdivision. (d) “Electoral jurisdiction” means a geographic area within which reside the voters who are qualified to vote for an elective office. (e) “Multilingual voting materials” means registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, provided in the language of one or more language minority groups. (f) “Political subdivision” means a geographic area of representation created for the provision of government services, including, but not limited to, a city, a school district, a community college district, or other district organized pursuant to state law. (g) “Protected class” means a class of voters who are members of a race, color, or language minority group, as this class is referenced and defined in the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.). (h) “Voting locations” means places for casting a ballot. 401. To ensure that the right of citizens who reside in California to vote is not denied or abridged on account of race, color, or language minority status through the enforcement of a voting-related law, regulation, or policy that is enacted or administered after the enactment date of this chapter, the following voting-related laws, regulations, and policies shall be subject to this chapter: (a) A change to an at-large method of election that adds offices elected at-large or converts offices elected by single-member districts to one or more at-large or multimember districts. (b) A change to the boundaries of an electoral jurisdiction, or a series of changes within a year to the boundaries of an electoral jurisdiction, that reduces the proportion of the citizen voting-age population that are members of a single protected class by 5 or more percent. (c) A change through redistricting that alters the boundaries of districts within an electoral jurisdiction in which a single protected class has experienced a population increase of at least 25,000 residents or at least 20 percent of the citizen voting-age population of the protected class over the preceding decade, as determined by the five-year estimates of the United States Census American Community Survey. (d) A change to multilingual voting materials that reduces the voting materials available in languages other than English, or that alters the manner in which the materials are provided or distributed, if no similar reduction or alteration occurred in materials provided in English. 402. (a) If a covered political subdivision enacts or seeks to administer a voting-related law, regulation, or policy described in Section 401 that is different from that in force or effect on the date this chapter is enacted, the governing body of the covered political subdivision shall submit the law, regulation, or policy to the Secretary of State for approval. The law, regulation, or policy shall not take effect or be administered in the covered political subdivision until the law, regulation, or policy is approved by the Secretary of State. (b) The Secretary of State shall provide a written decision to the governing body of the covered political subdivision within 60 days of a request to enact or administer a voting-related law, regulation, or policy described in Section 401. If the Secretary of State fails to provide a written decision within 60 days, the governing body of the covered political subdivision may implement the law, regulation, or policy. The governing body of the covered political subdivision may make a written request for an expedited review of a law, regulation, or policy if the covered political subdivision has a demonstrated need to implement the proposed change before the end of the 60-day review period. The written request shall describe the basis for the request in light of conditions in the covered political subdivision and shall specify the date by which a decision is needed. The Secretary of State shall attempt to accommodate a reasonable request. (c) The governing body of the covered political subdivision shall have the burden of establishing, by objective and compelling evidence, that the law, regulation, or policy satisfies both of the following: (1) Is not likely to result in a discriminatory effect on the participation of voters from a protected class that constitutes at least 20 percent of the covered political subdivision’s citizen voting-age population. (2) Is not motivated in whole or substantially in part by an intent to reduce the participation of voters from a protected class. (d) If the Secretary of State denies a request to enact or administer a law, regulation, or policy, the governing body of the covered political subdivision may seek review of the decision by means of an action filed in superior court. (e) The Secretary of State may file suit to enjoin the governing body of a covered political subdivision from implementing a law, regulation, or policy in violation of this section. (f) Venue for an action filed pursuant to subdivision (d) or (e) shall lie exclusively in the Superior Court for the County of Sacramento. (g) Notwithstanding any other law, a covered political subdivision may enact or administer a voting-related law, regulation, or policy described in Section 401 that is different from that in force or effect on the date this chapter is enacted if doing so is necessary because of an unexpected circumstance that occurred during the 30 days immediately preceding an election, in which case the covered political subdivision may enact or administer the law, regulation, or policy only for purposes of that election. After the election, the covered political subdivision shall immediately submit the law, regulation, or policy to the Secretary of State for approval pursuant to this section. 403. (a) The Attorney General, or a registered voter who resides in a covered political subdivision where the change to a voting-related law, regulation, or policy occurred, may file an action in superior court to compel the covered political subdivision to satisfy the obligations set forth in this chapter. (b) In an action brought pursuant to this section, a court shall provide as a remedy that the voting-related law, regulation, or policy be enjoined unless the court determines that the law, regulation, or policy is not subject to this chapter or has been approved by the procedures established in Section 402. 404. For purposes of this chapter, any data provided by the United States Census Bureau, whether based on enumeration or statistical sampling, shall not be subject to challenge or review by any court. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 65961 of the Government Code is amended to read: 65961. Notwithstanding any other provision of law, except as provided in subdivisions (e) and (f), upon approval or conditional approval of a tentative map for a subdivision of single- or multiple-family residential units, or upon recordation of a parcel map for such a subdivision for which no tentative map was required, during the five-year period following recordation of the final map or parcel map for the subdivision, a city, county, or city and county shall not require as a condition to the issuance of any building permit or equivalent permit for such single- or multiple-family residential units, conformance with or the performance of any conditions that the city or county could have lawfully imposed as a condition to the previously approved tentative or parcel map. Nor shall a city, county, or city and county withhold or refuse to issue a building permit or equivalent permit for failure to conform with or perform any conditions that the city, county, or city and county could have lawfully imposed as a condition to the previously approved tentative or parcel map. However, the provisions of this section shall not prohibit a city, county, or city and county from doing any of the following: (a) Imposing conditions or requirements upon the issuance of a building permit or equivalent permit which could have been lawfully imposed as a condition to the approval of a tentative or parcel map if the local agency finds it necessary to impose the condition or requirement for any of the following reasons: (1) A failure to do so would place the residents of the subdivision or of the immediate community, or both, in a condition perilous to their health or safety, or both. (2) The condition is required in order to comply with state or federal law. (b) Withholding or refusing to issue a building permit or equivalent permit if the local agency finds it is required to do so in order to comply with state or federal law. (c) Assuring compliance with the applicable zoning ordinance. (d) This section shall also apply to a city or city and county which incorporates on or after January 1, 1985, and which includes within its boundaries any areas included in the tentative or parcel map described in this section. When the incorporation includes areas included in the tentative or parcel map described in this section, “a condition that the city could have lawfully imposed as a condition to the previously approved tentative or parcel map,” as used in this section, refers to conditions the county could have imposed had there been no incorporation. (e) For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, or 66452.25, the five-year period described in this section shall be three years. (f) For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, or 66452.25, this section does not prohibit a city, county, or city and county from levying a fee or imposing a condition that requires the payment of a fee in the amount in effect upon the issuance of a building permit, including an adopted fee that is not included within an applicable zoning ordinance, upon the issuance of a building permit, including, but not limited to, a fee defined in Section 66000. SEC. 2. Section 66452.25 is added to the Government Code, to read: 66452.25. (a) If the map was approved within a county described in subdivision (c), the expiration date of a tentative map, vesting tentative map, or parcel map for which a tentative map or vesting tentative map, as the case may be, that was approved on or after January 1, 2002, and not later than July 11, 2013, and that has not expired on or before the effective date of the act that added this section, shall be extended by 24 months. (b) If the map was approved or conditionally approved within a county described in subdivision (c), upon application of the subdivider filed at least 90 days prior to the expiration of the approved or conditionally approved tentative map or vesting tentative map, or parcel map for which the tentative map or vesting tentative map, as the case may be, that was approved on or before December 31, 2001, the time at which the map expires shall be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps, for a period of 24 months upon a determination that the map is consistent with the applicable zoning and general plan requirements in effect when the application is filed. If the map is determined not to be consistent with applicable zoning and general plan requirements in effect when the application is filed, the legislative body or advisory agency may deny or conditionally approve an extension for a period of 24 months. Prior to the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs last. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. (c) This section shall apply within a county when the following conditions within the county are met: (1) The annual mean household income within the county is less than 80 percent of the statewide annual mean income, as determined by the most recent annual report of the federal American Community Survey 5-year Estimates, based upon the American Community Survey Design and Methodology publication (Version 2.0, January 2014) published by the United States Census Bureau. (2) The annual nonseasonal unemployment rate is at least 2.75 percent higher than the statewide annual nonseasonal unemployment rate, as defined by the report on Labor Market Review published by the Employment Development Department in January of the year in which the community revitalization plan is prepared. (3) The population for whom poverty status is determined is at least 4 percent higher than the statewide median poverty rate, as determined by the most recent annual report of the American Community Survey 5-year Estimates, based upon the American Community Survey Design and Methodology publication (Version 2.0, January 2014). (d) The extension provided by subdivisions (a) and (b) shall be in addition to any extension of the expiration date provided for in Section 66452.6, 66452.11, 66452.13, 66452.21, 66452.22, 66452.23, 66452.24, or 66463.5. (e) Any legislative, administrative, or other approval by any state agency that pertains to a development project included in a map that is extended pursuant to subdivisions (a) and (b) shall be extended by 24 months if this approval has not expired on or before the effective date of the act that added this section. This extension shall be in addition to any extension provided for in Sections 66452.13, 66452.21, 66452.22, 66452.23, and 66452.24. (f) The provisions of Section 65961 relating to conditions that may be imposed upon or after a building permit for a subdivision of single- or multiple-family residential units or a parcel map for a subdivision for which no tentative map was required, are modified as set forth in subdivisions (e) and (f) of Section 65961 for tentative maps extended pursuant to this section. SEC. 3. 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. 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 permit cities, counties, and cities and counties to preserve development applications that are set to expire and that cannot be processed presently due to prevailing adverse economic conditions in the construction industry, it is necessary that this act take effect immediately.

(1) The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency, and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period. The act requires an approved tentative map or vesting tentative map to expire 24 months after its approval, or after an additional period of time prescribed by local ordinance, not to exceed 12 months. However, the act extends the expiration date of certain approved tentative maps and vesting tentative maps, as specified. This bill would extend by 24 months the expiration date of any approved tentative map or vesting tentative map that was approved on or after January 1, 2002, and not later than July 11, 2013, within a county that meets certain criteria, except as specified. The bill would additionally require the extension of an approved or conditionally approved tentative map or vesting tentative map, or parcel map for which a tentative map or vesting tentative map was approved on or before December 31, 2001, upon application by the subdivider at least 90 days prior to the expiration of the map, as specified. By adding to the procedures that local agency officials must follow, this bill would impose a state-mandated local program. (2) The Permit Streamlining Act prohibits a local agency, after its approval of a tentative map for a subdivision of single- or multiple-family residential units, from requiring conformance with, or the performance of, any conditions that the local agency could have lawfully imposed as a condition to the previously approved tentative or parcel map, as a condition to the issuance of any building permit or equivalent permit upon approval of that subdivision, during a 5-year period following the recordation of the final map or parcel map for that subdivision. The act also prohibits a local agency from refusing to issue a building permit or equivalent permit for a subdivider’s failure to conform with or perform those conditions. However, the act also provides that this 5-year period is a 3-year period for a tentative map extended pursuant to a specified provision of law, and the local agency is not prohibited from levying a fee, or imposing a condition that requires the payment of a fee upon the issuance of a building permit, with respect to the underlying units. This bill would provide that a tentative map extended pursuant to its provisions is also subject to the truncated 3-year period described above, and that the local agency is not prohibited from levying a fee, as specified, or imposing a condition that requires the payment of a fee upon the issuance of a building permit, with respect to the underlying units. By adding to the procedures that local agency officials must follow, 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. (4) This bill would declare that it is to take effect immediately as an urgency statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 65961 of the Government Code is amended to read: 65961. Notwithstanding any other provision of law, except as provided in subdivisions (e) and (f), upon approval or conditional approval of a tentative map for a subdivision of single- or multiple-family residential units, or upon recordation of a parcel map for such a subdivision for which no tentative map was required, during the five-year period following recordation of the final map or parcel map for the subdivision, a city, county, or city and county shall not require as a condition to the issuance of any building permit or equivalent permit for such single- or multiple-family residential units, conformance with or the performance of any conditions that the city or county could have lawfully imposed as a condition to the previously approved tentative or parcel map. Nor shall a city, county, or city and county withhold or refuse to issue a building permit or equivalent permit for failure to conform with or perform any conditions that the city, county, or city and county could have lawfully imposed as a condition to the previously approved tentative or parcel map. However, the provisions of this section shall not prohibit a city, county, or city and county from doing any of the following: (a) Imposing conditions or requirements upon the issuance of a building permit or equivalent permit which could have been lawfully imposed as a condition to the approval of a tentative or parcel map if the local agency finds it necessary to impose the condition or requirement for any of the following reasons: (1) A failure to do so would place the residents of the subdivision or of the immediate community, or both, in a condition perilous to their health or safety, or both. (2) The condition is required in order to comply with state or federal law. (b) Withholding or refusing to issue a building permit or equivalent permit if the local agency finds it is required to do so in order to comply with state or federal law. (c) Assuring compliance with the applicable zoning ordinance. (d) This section shall also apply to a city or city and county which incorporates on or after January 1, 1985, and which includes within its boundaries any areas included in the tentative or parcel map described in this section. When the incorporation includes areas included in the tentative or parcel map described in this section, “a condition that the city could have lawfully imposed as a condition to the previously approved tentative or parcel map,” as used in this section, refers to conditions the county could have imposed had there been no incorporation. (e) For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, or 66452.25, the five-year period described in this section shall be three years. (f) For purposes only of a tentative subdivision map or parcel map that is extended pursuant to Section 66452.22, 66452.23, 66452.24, or 66452.25, this section does not prohibit a city, county, or city and county from levying a fee or imposing a condition that requires the payment of a fee in the amount in effect upon the issuance of a building permit, including an adopted fee that is not included within an applicable zoning ordinance, upon the issuance of a building permit, including, but not limited to, a fee defined in Section 66000. SEC. 2. Section 66452.25 is added to the Government Code, to read: 66452.25. (a) If the map was approved within a county described in subdivision (c), the expiration date of a tentative map, vesting tentative map, or parcel map for which a tentative map or vesting tentative map, as the case may be, that was approved on or after January 1, 2002, and not later than July 11, 2013, and that has not expired on or before the effective date of the act that added this section, shall be extended by 24 months. (b) If the map was approved or conditionally approved within a county described in subdivision (c), upon application of the subdivider filed at least 90 days prior to the expiration of the approved or conditionally approved tentative map or vesting tentative map, or parcel map for which the tentative map or vesting tentative map, as the case may be, that was approved on or before December 31, 2001, the time at which the map expires shall be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps, for a period of 24 months upon a determination that the map is consistent with the applicable zoning and general plan requirements in effect when the application is filed. If the map is determined not to be consistent with applicable zoning and general plan requirements in effect when the application is filed, the legislative body or advisory agency may deny or conditionally approve an extension for a period of 24 months. Prior to the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs last. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. (c) This section shall apply within a county when the following conditions within the county are met: (1) The annual mean household income within the county is less than 80 percent of the statewide annual mean income, as determined by the most recent annual report of the federal American Community Survey 5-year Estimates, based upon the American Community Survey Design and Methodology publication (Version 2.0, January 2014) published by the United States Census Bureau. (2) The annual nonseasonal unemployment rate is at least 2.75 percent higher than the statewide annual nonseasonal unemployment rate, as defined by the report on Labor Market Review published by the Employment Development Department in January of the year in which the community revitalization plan is prepared. (3) The population for whom poverty status is determined is at least 4 percent higher than the statewide median poverty rate, as determined by the most recent annual report of the American Community Survey 5-year Estimates, based upon the American Community Survey Design and Methodology publication (Version 2.0, January 2014). (d) The extension provided by subdivisions (a) and (b) shall be in addition to any extension of the expiration date provided for in Section 66452.6, 66452.11, 66452.13, 66452.21, 66452.22, 66452.23, 66452.24, or 66463.5. (e) Any legislative, administrative, or other approval by any state agency that pertains to a development project included in a map that is extended pursuant to subdivisions (a) and (b) shall be extended by 24 months if this approval has not expired on or before the effective date of the act that added this section. This extension shall be in addition to any extension provided for in Sections 66452.13, 66452.21, 66452.22, 66452.23, and 66452.24. (f) The provisions of Section 65961 relating to conditions that may be imposed upon or after a building permit for a subdivision of single- or multiple-family residential units or a parcel map for a subdivision for which no tentative map was required, are modified as set forth in subdivisions (e) and (f) of Section 65961 for tentative maps extended pursuant to this section. SEC. 3. 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. 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 permit cities, counties, and cities and counties to preserve development applications that are set to expire and that cannot be processed presently due to prevailing adverse economic conditions in the construction industry, 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 786 of the Penal Code is amended to read: 786. (a) If property taken in one jurisdictional territory by burglary, carjacking, robbery, theft, or embezzlement has been brought into another, or when property is received in one jurisdictional territory with the knowledge that it has been stolen or embezzled and the property was stolen or embezzled in another jurisdictional territory, the jurisdiction of the offense is in any competent court within either jurisdictional territory, or any contiguous jurisdictional territory if the arrest is made within the contiguous territory, the prosecution secures on the record the defendant’s knowing, voluntary, and intelligent waiver of the right of vicinage, and the defendant is charged with one or more property crimes in the arresting territory. (b) (1) The jurisdiction of a criminal action for unauthorized use, retention, or transfer of personal identifying information, as defined in subdivision (b) of Section 530.55, shall also include the county where the theft of the personal identifying information occurred, the county in which the victim resided at the time the offense was committed, or the county where the information was used for an illegal purpose. If multiple offenses of unauthorized use of personal identifying information, either all involving the same defendant or defendants and the same personal identifying information belonging to the one person, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions is a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying identity theft offense or identity theft offenses. (2) When charges alleging multiple offenses of unauthorized use of personal identifying information occurring in multiple territorial jurisdictions are filed in one county pursuant to this section, the court shall hold a hearing to consider whether the matter should proceed in the county of filing, or whether one or more counts should be severed. The district attorney filing the complaint shall present evidence to the court that the district attorney in each county where any of the charges could have been filed has agreed that the matter should proceed in the county of filing. In determining whether all counts in the complaint should be joined in one county for prosecution, the court shall consider the location and complexity of the likely evidence, where the majority of the offenses occurred, whether or not the offenses involved substantially similar activity or the same scheme, the rights of the defendant and the people, and the convenience of, or hardship to, the victim and witnesses. (3) When an action for unauthorized use, retention, or transfer of personal identifying information is filed in the county in which the victim resided at the time the offense was committed, and no other basis for the jurisdiction applies, the court, upon its own motion or the motion of the defendant, shall hold a hearing to determine whether the county of the victim’s residence is the proper venue for trial of the case. In ruling on the matter, the court shall consider the rights of the parties, the access of the parties to evidence, the convenience to witnesses, and the interests of justice. (c) (1) The jurisdiction of a criminal action for conduct specified in paragraph (4) of subdivision (j) of Section 647 shall also include the county in which the offense occurred, the county in which the victim resided at the time the offense was committed, or the county in which the intimate image was used for an illegal purpose. If multiple offenses of unauthorized distribution of an intimate image, either all involving the same defendant or defendants and the same intimate image belonging to the one person, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions is a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying unauthorized distribution of an intimate image. (2) When charges alleging multiple offenses of unauthorized distribution of an intimate image occurring in multiple territorial jurisdictions are filed in one county pursuant to this section, the court shall hold a hearing to consider whether the matter should proceed in the county of filing, or whether one or more counts should be severed. The district attorney filing the complaint shall present evidence to the court that the district attorney in each county where any of the charges could have been filed has agreed that the matter should proceed in the county of filing. In determining whether all counts in the complaint should be joined in one county for prosecution, the court shall consider the location and complexity of the likely evidence, where the majority of the offenses occurred, whether the offenses involved substantially similar activity or the same scheme, the rights of the defendant and the people, and the convenience of, or hardship to, the victim and witnesses. (3) When an action for unauthorized distribution of an intimate image is filed in the county in which the victim resided at the time the offense was committed, and no other basis for the jurisdiction applies, the court, upon its own motion or the motion of the defendant, shall hold a hearing to determine whether the county of the victim's residence is the proper venue for trial of the case. In ruling on the matter, the court shall consider the rights of the parties, the access of the parties to evidence, the convenience to witnesses, and the interests of justice. (d) This section does not alter victims’ rights under Section 530.6. SEC. 2. Section 1524.3 of the Penal Code is amended to read: 1524.3. (a) A provider of electronic communication service or remote computing service, as used in Chapter 121 (commencing with Section 2701) of Title 18 of the United States Code, shall disclose to a governmental prosecuting or investigating agency the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of that service, the types of services the subscriber or customer utilized, and the contents of communication originated by or addressed to the service provider when the governmental entity is granted a search warrant pursuant to paragraph (7) of subdivision (a) of Section 1524. (b) The search warrant shall be limited to only that information necessary to achieve the objective of the warrant, including by specifying the target individuals or accounts, the applications or services, the types of information, and the time periods covered, as appropriate. (c) Information obtained through the execution of a search warrant pursuant to this section that is unrelated to the objective of the warrant shall be sealed and not be subject to further review without an order from the court. (d) (1) A governmental entity receiving subscriber records or information under this section shall provide notice to a subscriber or customer upon receipt of the requested records. The notification may be delayed by the court, in increments of 90 days, upon a showing that there is reason to believe that notification of the existence of the search warrant may have an adverse result. (2) An “adverse result” for purposes of paragraph (1) means any of the following: (A) Endangering the life or physical safety of an individual. (B) Flight from prosecution. (C) Tampering or destruction of evidence. (D) Intimidation of a potential witness. (E) Otherwise seriously jeopardizing an investigation or unduly delaying a trial. (e) Upon the expiration of the period of delay for the notification, the governmental entity shall, by regular mail or email, provide a copy of the process or request and a notice, to the subscriber or customer. The notice shall accomplish all of the following: (1) State the nature of the law enforcement inquiry with reasonable specificity. (2) Inform the subscriber or customer that information maintained for the subscriber or customer by the service provider named in the process or request was supplied to or requested by the governmental entity, and the date upon which the information was supplied, and the request was made. (3) Inform the subscriber or customer that notification to the subscriber or customer was delayed, and which court issued the order pursuant to which the notification was delayed. (4) Provide a copy of the written inventory of the property that was taken that was provided to the court pursuant to Section 1537. (f) A court issuing a search warrant pursuant to paragraph (7) of subdivision (a) of Section 1524, on a motion made promptly by the service provider, may quash or modify the warrant if the information or records requested are unusually voluminous in nature or compliance with the warrant otherwise would cause an undue burden on the provider. (g) A provider of wire or electronic communication services or a remote computing service, upon the request of a peace officer, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a search warrant or a request in writing and an affidavit declaring an intent to file a warrant to the provider. Records shall be retained for a period of 90 days, which shall be extended for an additional 90-day period upon a renewed request by the peace officer. (h) No cause of action shall be brought against any provider, its officers, employees, or agents for providing information, facilities, or assistance in good faith compliance with a search warrant.

Existing law makes it a misdemeanor to look through a hole or opening, into, or to view, by means of any instrumentality, the interior of an area in which an occupant has a reasonable expectation of privacy with the intent to invade the privacy of that person. Existing law makes it a misdemeanor to record another person under or through the clothing worn by that person, without the consent or knowledge of the person, under circumstances in which the person has a reasonable expectation of privacy. Existing law makes it a misdemeanor to secretly record another person in a state of full or partial undress without the consent or knowledge of that person, in an area in which that person has a reasonable expectation of privacy. Existing law makes it a misdemeanor to intentionally distribute an image of the intimate body part or parts of another person, or an image of the person depicted engaging in specified sexual acts, under circumstances in which the persons agree or understand that the image remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. Existing law establishes the proper jurisdictions of a criminal action for unauthorized use, retention, or transfer of personal identifying information to include the county where the theft occurred, the county in which the victim resided at the time of the offense, or the county where the information was used for an illegal purpose. This bill would apply those jurisdictional provisions to the misdemeanors described above. Existing law details procedures for a governmental entity to gather specified records from a provider of electronic communication service or a remote computing service by search warrant. Existing law specifies that no notice is required to be given to a subscriber or customer by a governmental entity receiving records pursuant to these procedures. This bill would additionally authorize a governmental entity to use those procedures to gather the contents of communications between the subscriber and the service provider. The bill would require a search warrant used under those procedures to be limited to only that information necessary to achieve the objective of the warrant, as specified. The bill would require information obtained through the execution of a search warrant pursuant that is unrelated to the objective of the warrant to be sealed and not be subject to further review without an order from the court. The bill would require the governmental entity to provide a specified notice to the customer or subscriber upon receipt of the requested records. The bill would authorize a delay of that notice in 90-day increments if there is reason to believe notification would may have an adverse effect, as defined.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 786 of the Penal Code is amended to read: 786. (a) If property taken in one jurisdictional territory by burglary, carjacking, robbery, theft, or embezzlement has been brought into another, or when property is received in one jurisdictional territory with the knowledge that it has been stolen or embezzled and the property was stolen or embezzled in another jurisdictional territory, the jurisdiction of the offense is in any competent court within either jurisdictional territory, or any contiguous jurisdictional territory if the arrest is made within the contiguous territory, the prosecution secures on the record the defendant’s knowing, voluntary, and intelligent waiver of the right of vicinage, and the defendant is charged with one or more property crimes in the arresting territory. (b) (1) The jurisdiction of a criminal action for unauthorized use, retention, or transfer of personal identifying information, as defined in subdivision (b) of Section 530.55, shall also include the county where the theft of the personal identifying information occurred, the county in which the victim resided at the time the offense was committed, or the county where the information was used for an illegal purpose. If multiple offenses of unauthorized use of personal identifying information, either all involving the same defendant or defendants and the same personal identifying information belonging to the one person, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions is a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying identity theft offense or identity theft offenses. (2) When charges alleging multiple offenses of unauthorized use of personal identifying information occurring in multiple territorial jurisdictions are filed in one county pursuant to this section, the court shall hold a hearing to consider whether the matter should proceed in the county of filing, or whether one or more counts should be severed. The district attorney filing the complaint shall present evidence to the court that the district attorney in each county where any of the charges could have been filed has agreed that the matter should proceed in the county of filing. In determining whether all counts in the complaint should be joined in one county for prosecution, the court shall consider the location and complexity of the likely evidence, where the majority of the offenses occurred, whether or not the offenses involved substantially similar activity or the same scheme, the rights of the defendant and the people, and the convenience of, or hardship to, the victim and witnesses. (3) When an action for unauthorized use, retention, or transfer of personal identifying information is filed in the county in which the victim resided at the time the offense was committed, and no other basis for the jurisdiction applies, the court, upon its own motion or the motion of the defendant, shall hold a hearing to determine whether the county of the victim’s residence is the proper venue for trial of the case. In ruling on the matter, the court shall consider the rights of the parties, the access of the parties to evidence, the convenience to witnesses, and the interests of justice. (c) (1) The jurisdiction of a criminal action for conduct specified in paragraph (4) of subdivision (j) of Section 647 shall also include the county in which the offense occurred, the county in which the victim resided at the time the offense was committed, or the county in which the intimate image was used for an illegal purpose. If multiple offenses of unauthorized distribution of an intimate image, either all involving the same defendant or defendants and the same intimate image belonging to the one person, or all involving the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, then any of those jurisdictions is a proper jurisdiction for all of the offenses. Jurisdiction also extends to all associated offenses connected together in their commission to the underlying unauthorized distribution of an intimate image. (2) When charges alleging multiple offenses of unauthorized distribution of an intimate image occurring in multiple territorial jurisdictions are filed in one county pursuant to this section, the court shall hold a hearing to consider whether the matter should proceed in the county of filing, or whether one or more counts should be severed. The district attorney filing the complaint shall present evidence to the court that the district attorney in each county where any of the charges could have been filed has agreed that the matter should proceed in the county of filing. In determining whether all counts in the complaint should be joined in one county for prosecution, the court shall consider the location and complexity of the likely evidence, where the majority of the offenses occurred, whether the offenses involved substantially similar activity or the same scheme, the rights of the defendant and the people, and the convenience of, or hardship to, the victim and witnesses. (3) When an action for unauthorized distribution of an intimate image is filed in the county in which the victim resided at the time the offense was committed, and no other basis for the jurisdiction applies, the court, upon its own motion or the motion of the defendant, shall hold a hearing to determine whether the county of the victim's residence is the proper venue for trial of the case. In ruling on the matter, the court shall consider the rights of the parties, the access of the parties to evidence, the convenience to witnesses, and the interests of justice. (d) This section does not alter victims’ rights under Section 530.6. SEC. 2. Section 1524.3 of the Penal Code is amended to read: 1524.3. (a) A provider of electronic communication service or remote computing service, as used in Chapter 121 (commencing with Section 2701) of Title 18 of the United States Code, shall disclose to a governmental prosecuting or investigating agency the name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of that service, the types of services the subscriber or customer utilized, and the contents of communication originated by or addressed to the service provider when the governmental entity is granted a search warrant pursuant to paragraph (7) of subdivision (a) of Section 1524. (b) The search warrant shall be limited to only that information necessary to achieve the objective of the warrant, including by specifying the target individuals or accounts, the applications or services, the types of information, and the time periods covered, as appropriate. (c) Information obtained through the execution of a search warrant pursuant to this section that is unrelated to the objective of the warrant shall be sealed and not be subject to further review without an order from the court. (d) (1) A governmental entity receiving subscriber records or information under this section shall provide notice to a subscriber or customer upon receipt of the requested records. The notification may be delayed by the court, in increments of 90 days, upon a showing that there is reason to believe that notification of the existence of the search warrant may have an adverse result. (2) An “adverse result” for purposes of paragraph (1) means any of the following: (A) Endangering the life or physical safety of an individual. (B) Flight from prosecution. (C) Tampering or destruction of evidence. (D) Intimidation of a potential witness. (E) Otherwise seriously jeopardizing an investigation or unduly delaying a trial. (e) Upon the expiration of the period of delay for the notification, the governmental entity shall, by regular mail or email, provide a copy of the process or request and a notice, to the subscriber or customer. The notice shall accomplish all of the following: (1) State the nature of the law enforcement inquiry with reasonable specificity. (2) Inform the subscriber or customer that information maintained for the subscriber or customer by the service provider named in the process or request was supplied to or requested by the governmental entity, and the date upon which the information was supplied, and the request was made. (3) Inform the subscriber or customer that notification to the subscriber or customer was delayed, and which court issued the order pursuant to which the notification was delayed. (4) Provide a copy of the written inventory of the property that was taken that was provided to the court pursuant to Section 1537. (f) A court issuing a search warrant pursuant to paragraph (7) of subdivision (a) of Section 1524, on a motion made promptly by the service provider, may quash or modify the warrant if the information or records requested are unusually voluminous in nature or compliance with the warrant otherwise would cause an undue burden on the provider. (g) A provider of wire or electronic communication services or a remote computing service, upon the request of a peace officer, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a search warrant or a request in writing and an affidavit declaring an intent to file a warrant to the provider. Records shall be retained for a period of 90 days, which shall be extended for an additional 90-day period upon a renewed request by the peace officer. (h) No cause of action shall be brought against any provider, its officers, employees, or agents for providing information, facilities, or assistance in good faith compliance with a search warrant. ### Summary: This bill would amend Section 786 of the Penal Code to allow for the prosecution of property crimes in any competent court within either jurisdictional territory or any contiguous

The people of the State of California do enact as follows: SECTION 1. Section 201.3 of the Labor Code is amended to read: 201.3. (a) For purposes of this section, the following definitions apply: (1) “Temporary services employer” means an employing unit that contracts with clients or customers to supply workers to perform services for the clients or customers and that performs all of the following functions: (A) Negotiates with clients and customers for matters such as the time and place where the services are to be provided, the type of work, the working conditions, and the quality and price of the services. (B) Determines assignments or reassignments of workers, even if workers retain the right to refuse specific assignments. (C) Retains the authority to assign or reassign a worker to another client or customer when the worker is determined unacceptable by a specific client or customer. (D) Assigns or reassigns workers to perform services for clients or customers. (E) Sets the rate of pay of workers, whether or not through negotiation. (F) Pays workers from its own account or accounts. (G) Retains the right to hire and terminate workers. (2) “Temporary services employer” does not include any of the following: (A) A bona fide nonprofit organization that provides temporary service employees to clients. (B) A farm labor contractor, as defined in subdivision (b) of Section 1682. (C) A garment manufacturing employer, which, for purposes of this section, has the same meaning as “contractor,” as defined in subdivision (d) of Section 2671. (3) “Employing unit” has the same meaning as defined in Section 135 of the Unemployment Insurance Code. (4) “Client” and “customer” means the person with whom a temporary services employer has a contractual relationship to provide the services of one or more individuals employed by the temporary services employer. (b) (1) (A) Except as provided in paragraphs (2) to (5), inclusive, if an employee of a temporary services employer is assigned to work for a client, that employee’s wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and wages for work performed during any calendar week shall be due and payable not later than the regular payday of the following calendar week. A temporary services employer shall be deemed to have timely paid wages upon completion of an assignment if wages are paid in compliance with this subdivision. (B) Except as provided in paragraphs (2) to (5), inclusive, if an employee of a temporary services employer in the security services industry is a security guard who is registered pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, is employed by a private patrol operator licensed pursuant to that chapter, and is assigned to work for a client, that employee’s wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and wages for work performed during any workweek, as defined under Section 500, shall be due and payable not later than the regular payday of the following workweek. (2) If an employee of a temporary services employer is assigned to work for a client on a day-to-day basis, that employee’s wages are due and payable at the end of each day, regardless of when the assignment ends, if each of the following occurs: (A) The employee reports to or assembles at the office of the temporary services employer or other location. (B) The employee is dispatched to a client’s worksite each day and returns to or reports to the office of the temporary services employer or other location upon completion of the assignment. (C) The employee’s work is not executive, administrative, or professional, as defined in the wage orders of the Industrial Welfare Commission, and is not clerical. (3) If an employee of a temporary services employer is assigned to work for a client engaged in a trade dispute, that employee’s wages are due and payable at the end of each day, regardless of when the assignment ends. (4) If an employee of a temporary services employer is assigned to work for a client and is discharged by the temporary services employer or leasing employer, wages are due and payable as provided in Section 201. (5) If an employee of a temporary services employer is assigned to work for a client and quits his or her employment with the temporary services employer, wages are due and payable as provided in Section 202. (6) If an employee of a temporary services employer is assigned to work for a client for over 90 consecutive calendar days, this section shall not apply unless the temporary services employer pays the employee weekly in compliance with paragraph (1) of subdivision (b). (c) A temporary services employer who violates this section shall be subject to the civil penalties provided for in Section 203, and to any other penalties available at law. (d) Nothing in this section shall be interpreted to limit any rights or remedies otherwise available under state or federal law. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to prevent confusion over pay periods for temporary employees who provide important security services that protect persons and property in this state at the earliest possible time, it is necessary that this act take effect immediately.

Existing law generally requires that an employee of a temporary services employer, as defined, be paid weekly. Existing law provides that a violation of these provisions is punishable as a misdemeanor. This bill would, with certain exceptions, make the weekly pay requirement applicable to a security guard employed by a private patrol operator who is a temporary services employer, as provided. 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. 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 201.3 of the Labor Code is amended to read: 201.3. (a) For purposes of this section, the following definitions apply: (1) “Temporary services employer” means an employing unit that contracts with clients or customers to supply workers to perform services for the clients or customers and that performs all of the following functions: (A) Negotiates with clients and customers for matters such as the time and place where the services are to be provided, the type of work, the working conditions, and the quality and price of the services. (B) Determines assignments or reassignments of workers, even if workers retain the right to refuse specific assignments. (C) Retains the authority to assign or reassign a worker to another client or customer when the worker is determined unacceptable by a specific client or customer. (D) Assigns or reassigns workers to perform services for clients or customers. (E) Sets the rate of pay of workers, whether or not through negotiation. (F) Pays workers from its own account or accounts. (G) Retains the right to hire and terminate workers. (2) “Temporary services employer” does not include any of the following: (A) A bona fide nonprofit organization that provides temporary service employees to clients. (B) A farm labor contractor, as defined in subdivision (b) of Section 1682. (C) A garment manufacturing employer, which, for purposes of this section, has the same meaning as “contractor,” as defined in subdivision (d) of Section 2671. (3) “Employing unit” has the same meaning as defined in Section 135 of the Unemployment Insurance Code. (4) “Client” and “customer” means the person with whom a temporary services employer has a contractual relationship to provide the services of one or more individuals employed by the temporary services employer. (b) (1) (A) Except as provided in paragraphs (2) to (5), inclusive, if an employee of a temporary services employer is assigned to work for a client, that employee’s wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and wages for work performed during any calendar week shall be due and payable not later than the regular payday of the following calendar week. A temporary services employer shall be deemed to have timely paid wages upon completion of an assignment if wages are paid in compliance with this subdivision. (B) Except as provided in paragraphs (2) to (5), inclusive, if an employee of a temporary services employer in the security services industry is a security guard who is registered pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, is employed by a private patrol operator licensed pursuant to that chapter, and is assigned to work for a client, that employee’s wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and wages for work performed during any workweek, as defined under Section 500, shall be due and payable not later than the regular payday of the following workweek. (2) If an employee of a temporary services employer is assigned to work for a client on a day-to-day basis, that employee’s wages are due and payable at the end of each day, regardless of when the assignment ends, if each of the following occurs: (A) The employee reports to or assembles at the office of the temporary services employer or other location. (B) The employee is dispatched to a client’s worksite each day and returns to or reports to the office of the temporary services employer or other location upon completion of the assignment. (C) The employee’s work is not executive, administrative, or professional, as defined in the wage orders of the Industrial Welfare Commission, and is not clerical. (3) If an employee of a temporary services employer is assigned to work for a client engaged in a trade dispute, that employee’s wages are due and payable at the end of each day, regardless of when the assignment ends. (4) If an employee of a temporary services employer is assigned to work for a client and is discharged by the temporary services employer or leasing employer, wages are due and payable as provided in Section 201. (5) If an employee of a temporary services employer is assigned to work for a client and quits his or her employment with the temporary services employer, wages are due and payable as provided in Section 202. (6) If an employee of a temporary services employer is assigned to work for a client for over 90 consecutive calendar days, this section shall not apply unless the temporary services employer pays the employee weekly in compliance with paragraph (1) of subdivision (b). (c) A temporary services employer who violates this section shall be subject to the civil penalties provided for in Section 203, and to any other penalties available at law. (d) Nothing in this section shall be interpreted to limit any rights or remedies otherwise available under state or federal law. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to prevent confusion over pay periods for temporary employees who provide important security services that protect persons and property in this state at the earliest possible time, 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 2699.3 of the Labor Code is amended to read: 2699.3. (a) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision listed in Section 2699.5 shall commence only after the following requirements have been met: (1) (A) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. (B) The employer may cure the alleged violation according to the procedures described in paragraph (2) of subdivision (c). If the alleged violation is not cured within the 33-day period prescribed in paragraph (2) of subdivision (c), in lieu of commencing a civil action, the employee or representative shall notify by certified mail the Labor and Workforce Development Agency and the employer of the failure to cure or, if the employee disputes that the alleged violation has been cured, the employee or representative shall provide notice pursuant to the procedures of subparagraph (A) of paragraph (3) of subdivision (c). (2) (A) The agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 30 calendar days of the postmark date of the notice received pursuant to subparagraph (B) of paragraph (1). Upon receipt of that notice or if no notice is provided within 33 calendar days of the postmark date of the notice given pursuant to subparagraph (B) of paragraph (1), the aggrieved employee may commence a civil action pursuant to Section 2699. (B) If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its decision within 33 calendar days of the postmark date of the notice received pursuant to subparagraph (B) of paragraph (1). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee or representative of that decision within five business days thereof by certified mail. Upon receipt of that notice or if no citation is issued by the agency within that the 158-day period prescribed by this subparagraph or if the agency fails to provide timely or any notification, the aggrieved employee may commence a civil action pursuant to Section 2699. (C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part. (b) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall commence only after the following requirements have been met: (1) (A) The aggrieved employee or representative shall give notice by certified mail to the Division of Occupational Safety and Health and the employer, with a copy to the Labor and Workforce Development Agency, of the specific provisions of Division 5 (commencing with Section 6300) alleged to have been violated, including the facts and theories to support the alleged violation. (B) The employer may cure the alleged violation according to the procedures described in paragraph (2) of subdivision (c). If the alleged violation is not cured within the 33-day period prescribed in paragraph (2) of subdivision (c), in lieu of commencing a civil action, the employee or representative shall notify by certified mail the Division of Occupational Safety and Health and the employer, with a copy to the Labor and Workforce Development Agency, of the failure to cure or, if the employee disputes that the alleged violation has been cured, the employee or representative shall provide notice pursuant to the procedures of subparagraph (A) of paragraph (3) of subdivision (c). (2) (A) The division shall inspect or investigate the alleged violation pursuant to the procedures specified in Division 5 (commencing with Section 6300). (i) If the division issues a citation, the employee may not commence an action pursuant to Section 2699. The division shall notify the aggrieved employee or representative and employer in writing within 14 calendar days of certifying that the employer has corrected the violation. (ii) If by the end of the period for inspection or investigation provided for in Section 6317, the division fails to issue a citation and the aggrieved employee disputes that decision, the employee may challenge that decision in the superior court. In such an action, the superior court shall follow precedents of the Occupational Safety and Health Appeals Board. If the court finds that the division should have issued a citation and orders the division to issue a citation, then the aggrieved employee may not commence a civil action pursuant to Section 2699. (iii) A complaint in superior court alleging a violation of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall include therewith a copy of the notices provided to the division and employer pursuant to subparagraphs (A) and (B) of paragraph (1). (iv) The superior court shall not dismiss the action for nonmaterial differences in facts or theories between those contained in the notices provided to the division and employer pursuant to subparagraphs (A) and (B) of paragraph (1) and the complaint filed with the court. (B) If the division fails to inspect or investigate the alleged violation as provided by Section 6309, the aggrieved employee may commence a civil action pursuant to Section 2699. (3) (A) Nothing in this subdivision shall be construed to alter the authority of the division to permit long-term abatement periods or to enter into memoranda of understanding or joint agreements with employers in the case of long-term abatement issues. (B) Nothing in this subdivision shall be construed to authorize an employee to file a notice or to commence a civil action pursuant to Section 2699 during the period that an employer has voluntarily entered into consultation with the division to ameliorate a condition in that particular worksite. (C) An employer who has been provided notice pursuant to this section may not then enter into consultation with the division in order to avoid an action under this section. (4) The superior court shall review and approve any proposed settlement of alleged violations of the provisions of Division 5 (commencing with Section 6300) to ensure that the settlement provisions are at least as effective as the protections or remedies provided by state and federal law or regulation for the alleged violation. The provisions of the settlement relating to health and safety laws shall be submitted to the division at the same time that they are submitted to the court. This requirement shall be construed to authorize and permit the division to comment on those settlement provisions, and the court shall grant the division’s commentary the appropriate weight. (c) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision other than those listed in Section 2699.5 or Division 5 (commencing with Section 6300) shall commence only after the following requirements have been met: (1) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. (2) (A) The employer may cure the alleged violation within 33 calendar days of the postmark date of the notice. The employer shall give written notice by certified mail within that period of time to the aggrieved employee or representative and the agency if the alleged violation is cured, including a description of actions taken, and no civil action pursuant to Section 2699 may commence. If the alleged violation is not cured within the 33-day period, the employee may commence a civil action pursuant to Section 2699. (B) (i) Subject to the limitation in clause (ii), no employer may avail himself or herself of the notice and cure provisions of this subdivision more than three times in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite. (ii) No employer may avail himself or herself of the notice and cure provisions of this subdivision with respect to alleged violations of paragraph (6) or (8) of subdivision (a) of Section 226 more than once in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite. (3) (A) If the aggrieved employee disputes that the alleged violation has been cured, the aggrieved employee or representative shall provide written notice by certified mail, including specified grounds to support that dispute, to the employer and the agency. (B) Within 17 calendar days of the postmark date of that notice, the agency shall review the actions taken by the employer to cure the alleged violation, and provide written notice of its decision by certified mail to the aggrieved employee or representative and the employer. The agency may grant the employer three additional business days to cure the alleged violation. If the agency determines that the alleged violation has not been cured or if the agency fails to provide timely or any notification, the employee may proceed with the civil action pursuant to Section 2699. If the agency determines that the alleged violation has been cured, but the employee still disagrees, the employee may appeal that determination to the superior court. (d) The periods specified in this section are not counted as part of the time limited for the commencement of the civil action to recover penalties under this part. SEC. 2. The sum of one million four hundred thousand dollars ($1,400,000) is hereby appropriated from the General Fund to the Department of Industrial Relations for deposit into the Labor and Workforce Development Fund for the purpose of establishing nine new positions at the Department of Industrial Relations to review and investigate cases under the Labor Code Private Attorneys General Act of 2004.

Existing law, the Labor Code Private Attorneys General Act of 2004, authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act provides the employer with the right to cure certain violations before the employee may bring a civil action, as specified. For other violations, the act requires the employee to follow specified procedures before bringing an action. This bill would provide the employer with the right to cure any violation of the Labor Code covered by the act before the employee may bring a civil action. That right to cure would be provided before, and in addition to, any other specified procedures the employee is required to follow prior to bringing an action. Existing law establishes the Department of Industrial Relations within the agency and sets forth its powers and duties, including, but not limited to, fostering, promoting, and developing the welfare of wage earnings. This bill would appropriate $1,400,000 to the department for deposit into the Labor and Workforce Development Fund for the purpose of establishing 9 new positions to review and investigate private attorneys general cases under the act.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 2699.3 of the Labor Code is amended to read: 2699.3. (a) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision listed in Section 2699.5 shall commence only after the following requirements have been met: (1) (A) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. (B) The employer may cure the alleged violation according to the procedures described in paragraph (2) of subdivision (c). If the alleged violation is not cured within the 33-day period prescribed in paragraph (2) of subdivision (c), in lieu of commencing a civil action, the employee or representative shall notify by certified mail the Labor and Workforce Development Agency and the employer of the failure to cure or, if the employee disputes that the alleged violation has been cured, the employee or representative shall provide notice pursuant to the procedures of subparagraph (A) of paragraph (3) of subdivision (c). (2) (A) The agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 30 calendar days of the postmark date of the notice received pursuant to subparagraph (B) of paragraph (1). Upon receipt of that notice or if no notice is provided within 33 calendar days of the postmark date of the notice given pursuant to subparagraph (B) of paragraph (1), the aggrieved employee may commence a civil action pursuant to Section 2699. (B) If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its decision within 33 calendar days of the postmark date of the notice received pursuant to subparagraph (B) of paragraph (1). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee or representative of that decision within five business days thereof by certified mail. Upon receipt of that notice or if no citation is issued by the agency within that the 158-day period prescribed by this subparagraph or if the agency fails to provide timely or any notification, the aggrieved employee may commence a civil action pursuant to Section 2699. (C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part. (b) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall commence only after the following requirements have been met: (1) (A) The aggrieved employee or representative shall give notice by certified mail to the Division of Occupational Safety and Health and the employer, with a copy to the Labor and Workforce Development Agency, of the specific provisions of Division 5 (commencing with Section 6300) alleged to have been violated, including the facts and theories to support the alleged violation. (B) The employer may cure the alleged violation according to the procedures described in paragraph (2) of subdivision (c). If the alleged violation is not cured within the 33-day period prescribed in paragraph (2) of subdivision (c), in lieu of commencing a civil action, the employee or representative shall notify by certified mail the Division of Occupational Safety and Health and the employer, with a copy to the Labor and Workforce Development Agency, of the failure to cure or, if the employee disputes that the alleged violation has been cured, the employee or representative shall provide notice pursuant to the procedures of subparagraph (A) of paragraph (3) of subdivision (c). (2) (A) The division shall inspect or investigate the alleged violation pursuant to the procedures specified in Division 5 (commencing with Section 6300). (i) If the division issues a citation, the employee may not commence an action pursuant to Section 2699. The division shall notify the aggrieved employee or representative and employer in writing within 14 calendar days of certifying that the employer has corrected the violation. (ii) If by the end of the period for inspection or investigation provided for in Section 6317, the division fails to issue a citation and the aggrieved employee disputes that decision, the employee may challenge that decision in the superior court. In such an action, the superior court shall follow precedents of the Occupational Safety and Health Appeals Board. If the court finds that the division should have issued a citation and orders the division to issue a citation, then the aggrieved employee may not commence a civil action pursuant to Section 2699. (iii) A complaint in superior court alleging a violation of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall include therewith a copy of the notices provided to the division and employer pursuant to subparagraphs (A) and (B) of paragraph (1). (iv) The superior court shall not dismiss the action for nonmaterial differences in facts or theories between those contained in the notices provided to the division and employer pursuant to subparagraphs (A) and (B) of paragraph (1) and the complaint filed with the court. (B) If the division fails to inspect or investigate the alleged violation as provided by Section 6309, the aggrieved employee may commence a civil action pursuant to Section 2699. (3) (A) Nothing in this subdivision shall be construed to alter the authority of the division to permit long-term abatement periods or to enter into memoranda of understanding or joint agreements with employers in the case of long-term abatement issues. (B) Nothing in this subdivision shall be construed to authorize an employee to file a notice or to commence a civil action pursuant to Section 2699 during the period that an employer has voluntarily entered into consultation with the division to ameliorate a condition in that particular worksite. (C) An employer who has been provided notice pursuant to this section may not then enter into consultation with the division in order to avoid an action under this section. (4) The superior court shall review and approve any proposed settlement of alleged violations of the provisions of Division 5 (commencing with Section 6300) to ensure that the settlement provisions are at least as effective as the protections or remedies provided by state and federal law or regulation for the alleged violation. The provisions of the settlement relating to health and safety laws shall be submitted to the division at the same time that they are submitted to the court. This requirement shall be construed to authorize and permit the division to comment on those settlement provisions, and the court shall grant the division’s commentary the appropriate weight. (c) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision other than those listed in Section 2699.5 or Division 5 (commencing with Section 6300) shall commence only after the following requirements have been met: (1) The aggrieved employee or representative shall give written notice by certified mail to the Labor and Workforce Development Agency and the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. (2) (A) The employer may cure the alleged violation within 33 calendar days of the postmark date of the notice. The employer shall give written notice by certified mail within that period of time to the aggrieved employee or representative and the agency if the alleged violation is cured, including a description of actions taken, and no civil action pursuant to Section 2699 may commence. If the alleged violation is not cured within the 33-day period, the employee may commence a civil action pursuant to Section 2699. (B) (i) Subject to the limitation in clause (ii), no employer may avail himself or herself of the notice and cure provisions of this subdivision more than three times in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite. (ii) No employer may avail himself or herself of the notice and cure provisions of this subdivision with respect to alleged violations of paragraph (6) or (8) of subdivision (a) of Section 226 more than once in a 12-month period for the same violation or violations contained in the notice, regardless of the location of the worksite. (3) (A) If the aggrieved employee disputes that the alleged violation has been cured, the aggrieved employee or representative shall provide written notice by certified mail, including specified grounds to support that dispute, to the employer and the agency. (B) Within 17 calendar days of the postmark date of that notice, the agency shall review the actions taken by the employer to cure the alleged violation, and provide written notice of its decision by certified mail to the aggrieved employee or representative and the employer. The agency may grant the employer three additional business days to cure the alleged violation. If the agency determines that the alleged violation has not been cured or if the agency fails to provide timely or any notification, the employee may proceed with the civil action pursuant to Section 2699. If the agency determines that the alleged violation has been cured, but the employee still disagrees, the employee may appeal that determination to the superior court. (d) The periods specified in this section are not counted as part of the time limited for the commencement of the civil action to recover penalties under this part. SEC. 2. The sum of one million four hundred thousand dollars ($1,400,000) is hereby appropriated from the General Fund to the Department of Industrial Relations for deposit into the Labor and Workforce Development Fund for the purpose of establishing nine new positions at the Department of Industrial Relations to review and investigate cases under the Labor Code Private Attorneys General Act of 2004. ### 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 14005.7 of the Welfare and Institutions Code is amended to read: 14005.7. (a) Medically needy persons and medically needy family persons are entitled to health care services under Section 14005 providing all eligibility criteria established pursuant to this chapter are met. (b) Except as otherwise provided in this chapter or in Title XIX of the federal Social Security Act, no medically needy family person, medically needy person or state-only Medi-Cal persons shall be entitled to receive health care services pursuant to Section 14005 during any month in which his or her share of cost has not been met. (c) In the case of a medically needy person, monthly income, as determined, defined, counted, and valued, in accordance with Title XIX of the federal Social Security Act, in excess of the amount required for maintenance established pursuant to Section 14005.12, exclusive of any amounts considered exempt as income under Chapter 3 (commencing with Section 12000), less amounts paid for Medicare and other health insurance premiums shall be the share of cost to be met under Section 14005.9. (d) In the case of a medically needy family person or state-only Medi-Cal person, monthly income, as determined, defined, counted, and valued, in accordance with Title XIX of the federal Social Security Act, in excess of the amount required for maintenance established pursuant to Section 14005.12, exclusive of any amounts considered exempt as income under Chapter 2 (commencing with Section 11200), less amounts paid for Medicare and other health insurance premiums shall be the share of cost to be met under Section 14005.9. (e) In determining the income of a medically needy person residing in a licensed community care facility, income shall be determined, defined, counted, and valued, in accordance with Title XIX of the federal Social Security Act, any amount paid to the facility for residential care and support that exceeds the amount needed for maintenance shall be deemed unavailable for the purposes of this chapter. (f) (1) For purposes of this section the following definitions apply: (A) “SSI” means the federal Supplemental Security Income program established under Title XVI of the federal Social Security Act. (B) “MNL” means the income standard of the Medi-Cal medically needy program defined in Section 14005.12. (C) Board and care “personal care services” or “PCS” deduction means the income disregard that is applied to a resident in a licensed community care facility, in lieu of the board and care deduction specified in subdivision (e) of Section 14005.7, (e), when the PCS deduction is greater than the board and care deduction. (2) (A) For purposes of this section, the SSI recipient retention amount is the amount by which the SSI maximum payment amount to an individual residing in a licensed community care facility exceeds the maximum amount that the state allows community care facilities to charge a resident who is an SSI recipient. (B) For purposes of this section, the personal and incidental needs deduction for an individual residing in a licensed community care facility is either of the following: (i) If the deduction specified in subdivision (e) is applicable to the individual, the amount, not to exceed the amount by which the SSI recipient retention amount exceeds twenty dollars ($20), fifty dollars ($50), nor to be less than zero, by which the sum of the amount that the individual pays to his or her licensed community care facility and the SSI recipient retention amount exceed the sum of the individual’s MNL, the individual’s board and care deduction, and twenty dollars ($20). fifty dollars ($50). (ii) If the deduction specified in paragraph (1) is applicable to the individual, an the amount, not to exceed the amount by which the SSI recipient retention amount exceeds twenty dollars ($20), fifty dollars ($50), nor to be less than zero, by which the sum of the amount which the individual pays to his or her licensed community care facility and the SSI recipient retention amount exceed the sum of the individual’s MNL, the individual’s PCS deduction and twenty dollars ($20). fifty dollars ($50). (3) In determining the countable income of a medically needy individual residing in a licensed community care facility, the individual shall have deducted from his or her income the amount specified in subparagraph (B) of paragraph (2). (g) No later than one month after the effective date of subparagraph (B) of paragraph (2) of subdivision (f), the department shall submit to the federal medicaid administrator a state plan amendment seeking approval of the income deduction specified in subdivision (f), and of federal financial participation for the costs resulting from that income deduction. (h) The deduction prescribed by paragraph (3) of subdivision (f) shall be applied no later than the first day of the fourth month after the month in which the department receives approval for the federal financial participation specified in subdivision (g). Until approval for federal financial participation is received by the department, there shall be no deduction under paragraph (3) of subdivision (f). (i) The amendments to clauses (i) and (ii) of subparagraph (B) of paragraph (2) of subdivision (f) made by the act that added this subdivision during the 2015–16 Regular Session of the Legislature shall be implemented only to the extent that federal financial participation is available and that the department receives any necessary federal approvals. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, 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. Under existing law, certain aged, blind, and disabled Medi-Cal recipients are required to pay a share of cost as a condition of eligibility, with the share of cost determined in accordance with specified requirements. For purposes of determining the share of cost, existing law establishes a formula to calculate the personal and incidental needs deduction for an individual residing in a licensed community care facility. Existing law prohibits that deduction from exceeding the amount by which the Supplemental Security Income recipient retention amount, as defined, exceeds $20. This bill would revise the formula to determine the personal and incidental needs deduction. By increasing the responsibility of the counties in determining Medi-Cal eligibility, this bill would impose a state-mandated local program. The bill would also require that its provisions be implemented only to the extent that federal financial participation is available and that the department receives any necessary federal approvals. 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 14005.7 of the Welfare and Institutions Code is amended to read: 14005.7. (a) Medically needy persons and medically needy family persons are entitled to health care services under Section 14005 providing all eligibility criteria established pursuant to this chapter are met. (b) Except as otherwise provided in this chapter or in Title XIX of the federal Social Security Act, no medically needy family person, medically needy person or state-only Medi-Cal persons shall be entitled to receive health care services pursuant to Section 14005 during any month in which his or her share of cost has not been met. (c) In the case of a medically needy person, monthly income, as determined, defined, counted, and valued, in accordance with Title XIX of the federal Social Security Act, in excess of the amount required for maintenance established pursuant to Section 14005.12, exclusive of any amounts considered exempt as income under Chapter 3 (commencing with Section 12000), less amounts paid for Medicare and other health insurance premiums shall be the share of cost to be met under Section 14005.9. (d) In the case of a medically needy family person or state-only Medi-Cal person, monthly income, as determined, defined, counted, and valued, in accordance with Title XIX of the federal Social Security Act, in excess of the amount required for maintenance established pursuant to Section 14005.12, exclusive of any amounts considered exempt as income under Chapter 2 (commencing with Section 11200), less amounts paid for Medicare and other health insurance premiums shall be the share of cost to be met under Section 14005.9. (e) In determining the income of a medically needy person residing in a licensed community care facility, income shall be determined, defined, counted, and valued, in accordance with Title XIX of the federal Social Security Act, any amount paid to the facility for residential care and support that exceeds the amount needed for maintenance shall be deemed unavailable for the purposes of this chapter. (f) (1) For purposes of this section the following definitions apply: (A) “SSI” means the federal Supplemental Security Income program established under Title XVI of the federal Social Security Act. (B) “MNL” means the income standard of the Medi-Cal medically needy program defined in Section 14005.12. (C) Board and care “personal care services” or “PCS” deduction means the income disregard that is applied to a resident in a licensed community care facility, in lieu of the board and care deduction specified in subdivision (e) of Section 14005.7, (e), when the PCS deduction is greater than the board and care deduction. (2) (A) For purposes of this section, the SSI recipient retention amount is the amount by which the SSI maximum payment amount to an individual residing in a licensed community care facility exceeds the maximum amount that the state allows community care facilities to charge a resident who is an SSI recipient. (B) For purposes of this section, the personal and incidental needs deduction for an individual residing in a licensed community care facility is either of the following: (i) If the deduction specified in subdivision (e) is applicable to the individual, the amount, not to exceed the amount by which the SSI recipient retention amount exceeds twenty dollars ($20), fifty dollars ($50), nor to be less than zero, by which the sum of the amount that the individual pays to his or her licensed community care facility and the SSI recipient retention amount exceed the sum of the individual’s MNL, the individual’s board and care deduction, and twenty dollars ($20). fifty dollars ($50). (ii) If the deduction specified in paragraph (1) is applicable to the individual, an the amount, not to exceed the amount by which the SSI recipient retention amount exceeds twenty dollars ($20), fifty dollars ($50), nor to be less than zero, by which the sum of the amount which the individual pays to his or her licensed community care facility and the SSI recipient retention amount exceed the sum of the individual’s MNL, the individual’s PCS deduction and twenty dollars ($20). fifty dollars ($50). (3) In determining the countable income of a medically needy individual residing in a licensed community care facility, the individual shall have deducted from his or her income the amount specified in subparagraph (B) of paragraph (2). (g) No later than one month after the effective date of subparagraph (B) of paragraph (2) of subdivision (f), the department shall submit to the federal medicaid administrator a state plan amendment seeking approval of the income deduction specified in subdivision (f), and of federal financial participation for the costs resulting from that income deduction. (h) The deduction prescribed by paragraph (3) of subdivision (f) shall be applied no later than the first day of the fourth month after the month in which the department receives approval for the federal financial participation specified in subdivision (g). Until approval for federal financial participation is received by the department, there shall be no deduction under paragraph (3) of subdivision (f). (i) The amendments to clauses (i) and (ii) of subparagraph (B) of paragraph (2) of subdivision (f) made by the act that added this subdivision during the 2015–16 Regular Session of the Legislature shall be implemented only to the extent that federal financial participation is available and that the department receives any necessary federal approvals. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. Section 25503.36 is added to the Business and Professions Code, to read: 25503.36. (a) Notwithstanding any other provision of this division, an authorized licensee may sponsor events promoted by, and may purchase advertising space and time from, or on behalf of, a live entertainment marketing company in connection with events organized and conducted by the live entertainment marketing company on the premises of a permanent retail licensee located at the San Diego County Fairgrounds, located in the City of Del Mar in the County of San Diego, subject to all of the following conditions: (1) The live entertainment marketing company operates and promotes live artistic, musical, sports, or cultural entertainment events only. (2) The events will take place over a period of no more than four consecutive days during which approximately 100 acts will perform before approximately 20,000 or more patrons. (3) The live entertainment marketing company is a Delaware limited liability company that is under common ownership, management, or control by a private equity firm that may also have common ownership, management, or control of a licensed California winery, provided the winery represents not more than 25 percent of the assets under common ownership, management, or control by the private equity firm or its subsidiaries, and the live entertainment marketing company exercises no control over the operations of the winery. Any authorized licensee sponsoring an event or purchasing advertising space or time, pursuant to this section, shall obtain written verification of compliance with this subdivision prior to such sponsorship or the purchase of advertising space or time. (4) Any on-sale licensee operating at the San Diego County Fairgrounds shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler or manufacturer in addition to any brand manufactured, distributed, or owned by the authorized licensee sponsoring an event or purchasing advertising space or time pursuant to this section. (5) An agreement pursuant to this section shall not be conditioned directly or indirectly on the purchase, sale, or distribution of any alcoholic beverage manufactured or distributed by any authorized licensee sponsoring or purchasing advertising space or time pursuant to this section. (b) Any sponsorship of events or purchase of advertising space or time conducted pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the authorized licensee and the live entertainment marketing company. (c) Any authorized licensee who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. (d) Any on-sale retail licensee who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit an authorized licensee to purchase advertising time or space pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. (e) Nothing in this section shall authorize the purchasing of advertising space or time directly from, or on behalf of, any on-sale licensee except as expressly authorized by this section or any other provision of this division. (f) Nothing in this section shall authorize an authorized licensee to furnish, give, or lend anything of value to an on-sale retail licensee described in subdivision (a) except as expressly authorized by this section or any other provision of this division. (g) For purposes of this section, the following definitions shall apply: (1) “Authorized licensee” means the following licensees: beer manufacturer, out-of-state beer manufacturer’s certificate, winegrower, winegrower’s agent, importer, rectifier, distilled spirits manufacturer, distilled spirits rectifier general, distilled spirits manufacturer’s agent. (2) Except for a licensee that holds only a beer and wine importer general license or a distilled spirits importer general license, “importer” does not include the holder of any importer license that does not also hold at least one other license specified as an authorized licensee. (h) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exception established by this section to the general prohibition against tied interests must be limited to its expressed terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique conditions located in the County of San Diego. SEC. 3. 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. 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 allow for the sponsoring of events within the County of San Diego as soon as possible, it is necessary that this act take effect immediately.

Existing law generally restricts certain alcoholic beverage licensees, including manufacturers and winegrowers, from paying, crediting, or compensating a retailer for advertising in connection with the advertising and sale of alcoholic beverages. Existing law expressly authorizes a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, holder of an importer’s general license, distilled spirits manufacturer, holder of a distilled spirits rectifier’s general license, or a distilled spirits manufacturer’s agent to sponsor events promoted by or purchase advertising space and time from, or on behalf of, a live entertainment marketing company that is a wholly owned subsidiary of a live entertainment company that has its principal place of business in the County of Los Angeles, as provided. This bill would expressly authorize an authorized licensee, as defined, to sponsor events promoted by or purchase advertising space and time from, or on behalf of, a live entertainment marketing company in connection with events organized and conducted by the live entertainment marketing company at the San Diego County Fairgrounds, under specified conditions. The bill would also make an authorized licensee who, through coercion or other illegal means, induces the holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to these provisions guilty of a misdemeanor. The bill would additionally make an on-sale retail licensee, as described, who solicits or coerces a holder of a wholesaler’s license to solicit an authorized licensee to purchase advertising time or space pursuant to these provisions guilty of a misdemeanor. The bill would make a related statement of findings. By creating new crimes, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 25503.36 is added to the Business and Professions Code, to read: 25503.36. (a) Notwithstanding any other provision of this division, an authorized licensee may sponsor events promoted by, and may purchase advertising space and time from, or on behalf of, a live entertainment marketing company in connection with events organized and conducted by the live entertainment marketing company on the premises of a permanent retail licensee located at the San Diego County Fairgrounds, located in the City of Del Mar in the County of San Diego, subject to all of the following conditions: (1) The live entertainment marketing company operates and promotes live artistic, musical, sports, or cultural entertainment events only. (2) The events will take place over a period of no more than four consecutive days during which approximately 100 acts will perform before approximately 20,000 or more patrons. (3) The live entertainment marketing company is a Delaware limited liability company that is under common ownership, management, or control by a private equity firm that may also have common ownership, management, or control of a licensed California winery, provided the winery represents not more than 25 percent of the assets under common ownership, management, or control by the private equity firm or its subsidiaries, and the live entertainment marketing company exercises no control over the operations of the winery. Any authorized licensee sponsoring an event or purchasing advertising space or time, pursuant to this section, shall obtain written verification of compliance with this subdivision prior to such sponsorship or the purchase of advertising space or time. (4) Any on-sale licensee operating at the San Diego County Fairgrounds shall serve other brands of beer, distilled spirits, and wine distributed by a competing wholesaler or manufacturer in addition to any brand manufactured, distributed, or owned by the authorized licensee sponsoring an event or purchasing advertising space or time pursuant to this section. (5) An agreement pursuant to this section shall not be conditioned directly or indirectly on the purchase, sale, or distribution of any alcoholic beverage manufactured or distributed by any authorized licensee sponsoring or purchasing advertising space or time pursuant to this section. (b) Any sponsorship of events or purchase of advertising space or time conducted pursuant to subdivision (a) shall be conducted pursuant to a written contract entered into by the authorized licensee and the live entertainment marketing company. (c) Any authorized licensee who, through coercion or other illegal means, induces, directly or indirectly, a holder of a wholesaler’s license to fulfill those contractual obligations entered into pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. (d) Any on-sale retail licensee who, directly or indirectly, solicits or coerces a holder of a wholesaler’s license to solicit an authorized licensee to purchase advertising time or space pursuant to subdivision (a) shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not exceeding six months, or by a fine in an amount equal to the entire value of the advertising space or time involved in the contract, whichever is greater, plus ten thousand dollars ($10,000), or by both imprisonment and fine. The person shall also be subject to license suspension or revocation pursuant to Section 24200. (e) Nothing in this section shall authorize the purchasing of advertising space or time directly from, or on behalf of, any on-sale licensee except as expressly authorized by this section or any other provision of this division. (f) Nothing in this section shall authorize an authorized licensee to furnish, give, or lend anything of value to an on-sale retail licensee described in subdivision (a) except as expressly authorized by this section or any other provision of this division. (g) For purposes of this section, the following definitions shall apply: (1) “Authorized licensee” means the following licensees: beer manufacturer, out-of-state beer manufacturer’s certificate, winegrower, winegrower’s agent, importer, rectifier, distilled spirits manufacturer, distilled spirits rectifier general, distilled spirits manufacturer’s agent. (2) Except for a licensee that holds only a beer and wine importer general license or a distilled spirits importer general license, “importer” does not include the holder of any importer license that does not also hold at least one other license specified as an authorized licensee. (h) The Legislature finds that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exception established by this section to the general prohibition against tied interests must be limited to its expressed terms so as not to undermine the general prohibition, and intends that this section be construed accordingly. SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique conditions located in the County of San Diego. SEC. 3. 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. 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 allow for the sponsoring of events within the County of San Diego as soon as possible, 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. The Legislature finds and declares all of the following: (a) Scaling up the Market Match program throughout the state would be beneficial to the health of local economies and the state economy while simultaneously improving the health of the most vulnerable families throughout California. (b) Since its inception in 2009, the Market Match program has encouraged the purchase and consumption of California fresh fruits, nuts, and vegetables by directly linking California specialty crop producers with nutrition benefit clients and doubling the purchasing value of the nutrition assistance received by nutrition benefit clients when purchasing California fresh fruits, nuts, and vegetables. (c) Market Match dollars provide incentives for new consumers to visit local farmers’ markets and purchase healthy produce, benefiting both their health and the health of local economies. (d) The Market Match program has acted as an economic stimulus to local agricultural economies throughout the state by increasing the number of loyal customers and their purchasing power, including in food deserts where California fresh fruits, nuts, and vegetables are scarce. (e) Data shows that between 2009 and 2012, the Market Match program increased CalFresh redemption amongst 37,000 new farmers’ market customers at 140 participating farmers’ markets in over 16 counties, from 132 percent to 700 percent. (f) Data shows that Market Match dollars have had a six-fold return on investment in farmers’ market sales. (g) The Pacific Coast Farmers’ Market Association’s business analysis of returns on investment (ROI) for Market Match programs in 2012 held in various areas and cities shows the following rates of ROI throughout the state: (1) East Bay and San Francisco: 132 percent ROI. (2) Long Beach: 257 percent ROI. (3) Huntington Park: 403 percent ROI. (4) Davis: 390 percent ROI. (5) Woodland: 576 percent ROI. (6) Monterey: 717 percent ROI. (h) The enactment of the 2014 federal Farm Bill includes $100 million in grants to states for programs that supplement nutrition benefits if they incentivize healthier eating by beneficiaries. (i) The first round of grants awarded in 2015 proves that a statewide framework is an effective way to draw down these federal funds. The State of Washington was the largest first-round grant recipient, awarded almost $6 million to help low-income families afford fresh produce. California must act now and tap into this federal funding before it is too late. (j) Creation of a statewide Nutrition Incentive Matching Grant Program modeled after the successful experience of the Market Match program would help draw down federal funds to further maximize access to fresh healthy foods and stimulate local economies in a more equitable cross-section of communities. SEC. 2. Chapter 13 (commencing with Section 49010) is added to Division 17 of the Food and Agricultural Code, to read: CHAPTER 13. Nutrition Incentive Matching Grant Program 49010. This chapter shall be known, and may be cited, as the California Nutrition Incentives Act. 49011. The Nutrition Incentive Matching Grant Program is hereby established in the Office of Farm to Fork for purposes of encouraging the purchase and consumption of California fresh fruits, nuts, and vegetables by directly linking California fresh fruit, nut, and vegetable producers with nutrition benefit clients. 49012. For purposes of this chapter, the following definitions shall apply: (a) “Consumer incentive program” means a program administered by a qualified entity that increases the purchasing value of a nutrition benefit client’s benefits when the benefits are used to purchase California fresh fruits, nuts, and vegetables. (b) “Nutrition benefit client” means a person who receives services or payments through any of the following: (1) California Special Supplemental Nutrition Program for Women, Infants, and Children, as described in Section 123280 of the Health and Safety Code. (2) CalWORKS program, as described in Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code. (3) CalFresh, as described in Section 18900.2 of the Welfare and Institutions Code. (4) Implementation of the federal WIC Farmers’ Market Nutrition Act of 1992 (Public Law 102-314). (5) The Senior Farmers’ Market Nutrition Program, as described in Section 3007 of Title 7 of the United States Code. (6) Supplemental Security Income or State Supplementary Payment, as described in Section 1381 and following of Title 42 of the United States Code. (c) “Qualified entity” means either of the following: (1) A certified farmers’ market, as described in Section 47004, an association of certified producers, or a nonprofit organization representing a collective or association of certified producers that is authorized by the United States Department of Agriculture to accept federal Supplemental Nutrition Assistance Program (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code) benefits from recipient purchasers at a farmers’ market. Certified producers shall be certified by the county agricultural commissioner pursuant to Section 47020. (2) A small business, as defined in Section 14837 of the Government Code, that sells California grown fresh fruits, nuts, and vegetables and that is authorized to accept nutrition benefits from any of the programs listed in paragraphs (1) to (6), inclusive, of subdivision (b). 49013. The Nutrition Incentive Matching Grant Account is hereby created in the Department of Food and Agriculture Fund to collect matching funds from the federal Food Insecurity Nutrition Incentive Grant Program (7 U.S.C. Sec. 7517), and other public and private sources, to provide grants under the Nutrition Incentive Matching Grant Program. The Nutrition Incentive Matching Grant Program shall only provide grants upon the deposit of sufficient funds, as specified in its federal Food Insecurity Nutrition Incentive Grant Program application, into the Nutrition Incentive Matching Grant Account. 49014. The Nutrition Incentive Matching Grant Program shall be administered in accordance with all of the following: (a) Subject to the regulations adopted by the National Institute of Food and Agriculture in the United States Department of Agriculture in accordance with the federal Agricultural Act of 2014 (Public Law 113-79), or any subsequent federal agricultural act, moneys in the Nutrition Incentive Matching Grant Account shall be awarded in the form of grants to qualified entities for consumer incentive programs. (b) (1) The Office of Farm to Fork shall establish minimum standards, funding schedules, and procedures for awarding grants in consultation with the United States Department of Agriculture and other interested stakeholders, including, but not limited to, the State Department of Public Health, State Department of Social Services, organizations with expertise in nutrition benefit programs or consumer incentive programs, small business owners that may qualify as a qualified entity, and certified farmers’ market operators. (2) The department shall not use more than one-third of the Nutrition Incentive Matching Grant Program funds for consumer incentive programs with qualified entities described in paragraph (2) of subdivision (c) of Section 49012. (c) The department shall give priority in awarding grants to qualified entities based on, but not limited to, the following: (1) The service of an area of population currently not being served by a consumer incentive program. (2) The degree of the existence of the following demographic conditions and the character of the communities in which sales of California grown fresh fruits, nuts, and vegetables are made to the public by authorized vendors operating in conjunction with a qualified entity: (A) The number of people who are eligible for, or receiving, nutrition benefit program services. (B) The prevalence of diabetes, obesity, and other diet-related illnesses. (C) The availability of access to fresh fruits, nuts, and vegetables. (3) Demonstrated efficiency in the administration of a consumer incentive program.

Existing law establishes the Office of Farm to Fork within the Department of Food and Agriculture, and requires the office, to the extent that resources are available, to work with various entities, including, among others, the agricultural industry and other organizations involved in promoting food access, to increase the amount of agricultural products available to underserved communities and schools in the state. Existing law requires the office to, among other things, identify urban and rural communities that lack access to healthy food, and to coordinate with local, state, and federal agencies to promote and increase awareness of programs that promote greater food access. This bill would establish the Nutrition Incentive Matching Grant Program in the Office of Farm to Fork, and would create the Nutrition Incentive Matching Grant Account in the Department of Food and Agriculture Fund to collect matching funds received from a specified federal grant program and funds from other public and private sources, to encourage the purchase and consumption of California fresh fruits, nuts, and vegetables by nutrition benefit clients, as defined. The bill would provide that the program shall only provide grants upon the deposit of sufficient funds, as specified, into the account. The bill would require that moneys in the Nutrition Incentive Matching Grant Account be awarded in the form of grants to qualified entities, as defined, for consumer incentive programs, as defined, subject to specified regulations and in accordance with certain priorities. The bill would require the Office of Farm to Fork to establish minimum standards, funding schedules, and procedures for awarding grants, as specified.

<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) Scaling up the Market Match program throughout the state would be beneficial to the health of local economies and the state economy while simultaneously improving the health of the most vulnerable families throughout California. (b) Since its inception in 2009, the Market Match program has encouraged the purchase and consumption of California fresh fruits, nuts, and vegetables by directly linking California specialty crop producers with nutrition benefit clients and doubling the purchasing value of the nutrition assistance received by nutrition benefit clients when purchasing California fresh fruits, nuts, and vegetables. (c) Market Match dollars provide incentives for new consumers to visit local farmers’ markets and purchase healthy produce, benefiting both their health and the health of local economies. (d) The Market Match program has acted as an economic stimulus to local agricultural economies throughout the state by increasing the number of loyal customers and their purchasing power, including in food deserts where California fresh fruits, nuts, and vegetables are scarce. (e) Data shows that between 2009 and 2012, the Market Match program increased CalFresh redemption amongst 37,000 new farmers’ market customers at 140 participating farmers’ markets in over 16 counties, from 132 percent to 700 percent. (f) Data shows that Market Match dollars have had a six-fold return on investment in farmers’ market sales. (g) The Pacific Coast Farmers’ Market Association’s business analysis of returns on investment (ROI) for Market Match programs in 2012 held in various areas and cities shows the following rates of ROI throughout the state: (1) East Bay and San Francisco: 132 percent ROI. (2) Long Beach: 257 percent ROI. (3) Huntington Park: 403 percent ROI. (4) Davis: 390 percent ROI. (5) Woodland: 576 percent ROI. (6) Monterey: 717 percent ROI. (h) The enactment of the 2014 federal Farm Bill includes $100 million in grants to states for programs that supplement nutrition benefits if they incentivize healthier eating by beneficiaries. (i) The first round of grants awarded in 2015 proves that a statewide framework is an effective way to draw down these federal funds. The State of Washington was the largest first-round grant recipient, awarded almost $6 million to help low-income families afford fresh produce. California must act now and tap into this federal funding before it is too late. (j) Creation of a statewide Nutrition Incentive Matching Grant Program modeled after the successful experience of the Market Match program would help draw down federal funds to further maximize access to fresh healthy foods and stimulate local economies in a more equitable cross-section of communities. SEC. 2. Chapter 13 (commencing with Section 49010) is added to Division 17 of the Food and Agricultural Code, to read: CHAPTER 13. Nutrition Incentive Matching Grant Program 49010. This chapter shall be known, and may be cited, as the California Nutrition Incentives Act. 49011. The Nutrition Incentive Matching Grant Program is hereby established in the Office of Farm to Fork for purposes of encouraging the purchase and consumption of California fresh fruits, nuts, and vegetables by directly linking California fresh fruit, nut, and vegetable producers with nutrition benefit clients. 49012. For purposes of this chapter, the following definitions shall apply: (a) “Consumer incentive program” means a program administered by a qualified entity that increases the purchasing value of a nutrition benefit client’s benefits when the benefits are used to purchase California fresh fruits, nuts, and vegetables. (b) “Nutrition benefit client” means a person who receives services or payments through any of the following: (1) California Special Supplemental Nutrition Program for Women, Infants, and Children, as described in Section 123280 of the Health and Safety Code. (2) CalWORKS program, as described in Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code. (3) CalFresh, as described in Section 18900.2 of the Welfare and Institutions Code. (4) Implementation of the federal WIC Farmers’ Market Nutrition Act of 1992 (Public Law 102-314). (5) The Senior Farmers’ Market Nutrition Program, as described in Section 3007 of Title 7 of the United States Code. (6) Supplemental Security Income or State Supplementary Payment, as described in Section 1381 and following of Title 42 of the United States Code. (c) “Qualified entity” means either of the following: (1) A certified farmers’ market, as described in Section 47004, an association of certified producers, or a nonprofit organization representing a collective or association of certified producers that is authorized by the United States Department of Agriculture to accept federal Supplemental Nutrition Assistance Program (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code) benefits from recipient purchasers at a farmers’ market. Certified producers shall be certified by the county agricultural commissioner pursuant to Section 47020. (2) A small business, as defined in Section 14837 of the Government Code, that sells California grown fresh fruits, nuts, and vegetables and that is authorized to accept nutrition benefits from any of the programs listed in paragraphs (1) to (6), inclusive, of subdivision (b). 49013. The Nutrition Incentive Matching Grant Account is hereby created in the Department of Food and Agriculture Fund to collect matching funds from the federal Food Insecurity Nutrition Incentive Grant Program (7 U.S.C. Sec. 7517), and other public and private sources, to provide grants under the Nutrition Incentive Matching Grant Program. The Nutrition Incentive Matching Grant Program shall only provide grants upon the deposit of sufficient funds, as specified in its federal Food Insecurity Nutrition Incentive Grant Program application, into the Nutrition Incentive Matching Grant Account. 49014. The Nutrition Incentive Matching Grant Program shall be administered in accordance with all of the following: (a) Subject to the regulations adopted by the National Institute of Food and Agriculture in the United States Department of Agriculture in accordance with the federal Agricultural Act of 2014 (Public Law 113-79), or any subsequent federal agricultural act, moneys in the Nutrition Incentive Matching Grant Account shall be awarded in the form of grants to qualified entities for consumer incentive programs. (b) (1) The Office of Farm to Fork shall establish minimum standards, funding schedules, and procedures for awarding grants in consultation with the United States Department of Agriculture and other interested stakeholders, including, but not limited to, the State Department of Public Health, State Department of Social Services, organizations with expertise in nutrition benefit programs or consumer incentive programs, small business owners that may qualify as a qualified entity, and certified farmers’ market operators. (2) The department shall not use more than one-third of the Nutrition Incentive Matching Grant Program funds for consumer incentive programs with qualified entities described in paragraph (2) of subdivision (c) of Section 49012. (c) The department shall give priority in awarding grants to qualified entities based on, but not limited to, the following: (1) The service of an area of population currently not being served by a consumer incentive program. (2) The degree of the existence of the following demographic conditions and the character of the communities in which sales of California grown fresh fruits, nuts, and vegetables are made to the public by authorized vendors operating in conjunction with a qualified entity: (A) The number of people who are eligible for, or receiving, nutrition benefit program services. (B) The prevalence of diabetes, obesity, and other diet-related illnesses. (C) The availability of access to fresh fruits, nuts, and vegetables. (3) Demonstrated efficiency in the administration of a consumer incentive 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 38501 of the Health and Safety Code is amended to read: 38501. The Legislature finds and declares all of the following: (a) Global warming poses a serious threat to the economic well-being, public health, natural resources, and the environment of California. The potential adverse impacts of global warming include the exacerbation of air quality problems, a reduction in the quality and supply of water to the state from the Sierra snowpack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems. (b) Global warming will have detrimental effects on some of California’s largest industries, including agriculture, wine, tourism, skiing, recreational and commercial fishing, and forestry. It will also increase the strain on electricity supplies necessary to meet the demand for summer air-conditioning in the hottest parts of the state. (c) California has long been a national and international leader on energy conservation and environmental stewardship efforts, including the areas of air quality protections, energy efficiency requirements, renewable energy standards, natural resource conservation, and greenhouse gas emission standards for passenger vehicles. The program established by this division will continue this tradition of environmental leadership by placing California at the forefront of national and international efforts to reduce emissions of greenhouse gases. (d) National and international actions are necessary to fully address the issue of global warming. However, action taken by California to reduce emissions of greenhouse gases will have far-reaching effects by encouraging other states, the federal government, and other countries to act. (e) By exercising a global leadership role, California will also position its economy, technology centers, financial institutions, and businesses to benefit from national and international efforts to reduce emissions of greenhouse gases. More importantly, investing in the development of innovative and pioneering technologies will assist California in achieving the statewide limits on emissions of greenhouse gases established by this division for 2020 and beyond and will provide an opportunity for the state to take a global economic and technological leadership role in reducing emissions of greenhouse gases. (f) It is the intent of the Legislature that the State Air Resources Board coordinate with state agencies, as well as and consult with the environmental justice community, industry sectors, business groups, academic institutions, environmental organizations, and other stakeholders, in implementing this division. (g) It is the intent of the Legislature that the State Air Resources Board consult with the Public Utilities Commission in the development of emissions reduction measures, including limits on emissions of greenhouse gases applied to electricity and natural gas providers regulated by the Public Utilities Commission in order to ensure that electricity and natural gas providers are not required to meet duplicative or inconsistent regulatory requirements. (h) It is the intent of the Legislature that the State Air Resources Board design emissions reduction measures to meet the statewide emissions limits for greenhouse gases established pursuant to this division in a manner that minimizes costs and maximizes benefits for California’s economy, improves and modernizes California’s energy infrastructure and maintains electric system reliability, maximizes additional environmental and economic co-benefits for California, and complements the state’s efforts to improve air quality. (i) It is the intent of the Legislature that the Climate Action Team established by the Governor to coordinate the efforts set forth under Executive Order S-3-05 continue its role in coordinating overall climate policy. SEC. 2. Section 38505 of the Health and Safety Code is amended to read: 38505. For the purposes of this division, the following terms have the following meanings: (a) “Allowance” means an authorization to emit, during a specified year, up to one ton of carbon dioxide equivalent. (b) “Alternative compliance mechanism” means an action undertaken by a greenhouse gas emission source that achieves the equivalent reduction of greenhouse gas emissions over the same time period as a direct emission reduction, and that is approved by the state board. “Alternative compliance mechanism” includes, but is not limited to, a flexible compliance schedule, alternative control technology, a process change, or a product substitution. (c) “Carbon dioxide equivalent” means the amount of carbon dioxide by weight that would produce the same global warming impact as a given weight of another greenhouse gas, based on the best available science, including from the Intergovernmental Panel on Climate Change. (d) “Cost-effective” or “cost-effectiveness” means the cost per unit of reduced emissions of greenhouse gases adjusted for its global warming potential. (e) “Direct emission reduction” means a greenhouse gas emission reduction action made by a greenhouse gas emission source at that source. (f) “Emissions reduction measure” means programs, measures, standards, and alternative compliance mechanisms authorized pursuant to this division, applicable to sources or categories of sources, that are designed to reduce emissions of greenhouse gases. (g) “Greenhouse gas” or “greenhouse gases” includes all of the following gases: (1) Carbon dioxide. (2) Methane. (3) Nitrous oxide. (4) Hydrofluorocarbons. (5) Perfluorocarbons. (6) Sulfur hexafluoride. (7) Nitrogen trifluoride. (h) “Greenhouse gas emissions limit” means an authorization, during a specified year, to emit up to a level of greenhouse gases specified by the state board, expressed in tons of carbon dioxide equivalents. (i) “Greenhouse gas emission source” or “source” means any source, or category of sources, of greenhouse gas emissions whose emissions are at a level of significance, as determined by the state board, that its participation in the program established under this division will enable the state board to effectively reduce greenhouse gas emissions and monitor compliance with the statewide greenhouse gas emissions limit. (j) “Leakage” means a reduction in emissions of greenhouse gases within the state that is offset by an increase in emissions of greenhouse gases outside the state. (k) “Market-based compliance mechanism” means either of the following: (1) A system of market-based declining annual aggregate emissions limitations for sources or categories of sources that emit greenhouse gases. (2) Greenhouse gas emissions exchanges, banking, credits, and other transactions, governed by rules and protocols established by the state board, that result in the same greenhouse gas emission reduction, over the same time period, as direct compliance with a greenhouse gas emission limit or emission reduction measure adopted by the state board pursuant to this division. (l) “State board” means the State Air Resources Board. (m) “Statewide greenhouse gas emissions” means the total annual emissions of greenhouse gases in the state, including all emissions of greenhouse gases from the generation of electricity delivered to and consumed in California, accounting for transmission and distribution line losses, whether the electricity is generated in state or imported. Statewide emissions shall be expressed in tons of carbon dioxide equivalents. (n) “Statewide greenhouse gas emissions limit” or “statewide emissions limit” means the maximum allowable level of statewide greenhouse gas emissions in 2020, 2020 and beyond, as determined by the state board pursuant to Part 3 (commencing with Section 38550).

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 adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emissions reductions. The act makes various findings and declarations. T he act defines various terms, including “statewide greenhouse gas emissions limit,” for purposes of the act. This bill would make changes to those findings and declarations. The bill would revise the definition of “statewide greenhouse gas emissions limit.”

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 38501 of the Health and Safety Code is amended to read: 38501. The Legislature finds and declares all of the following: (a) Global warming poses a serious threat to the economic well-being, public health, natural resources, and the environment of California. The potential adverse impacts of global warming include the exacerbation of air quality problems, a reduction in the quality and supply of water to the state from the Sierra snowpack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems. (b) Global warming will have detrimental effects on some of California’s largest industries, including agriculture, wine, tourism, skiing, recreational and commercial fishing, and forestry. It will also increase the strain on electricity supplies necessary to meet the demand for summer air-conditioning in the hottest parts of the state. (c) California has long been a national and international leader on energy conservation and environmental stewardship efforts, including the areas of air quality protections, energy efficiency requirements, renewable energy standards, natural resource conservation, and greenhouse gas emission standards for passenger vehicles. The program established by this division will continue this tradition of environmental leadership by placing California at the forefront of national and international efforts to reduce emissions of greenhouse gases. (d) National and international actions are necessary to fully address the issue of global warming. However, action taken by California to reduce emissions of greenhouse gases will have far-reaching effects by encouraging other states, the federal government, and other countries to act. (e) By exercising a global leadership role, California will also position its economy, technology centers, financial institutions, and businesses to benefit from national and international efforts to reduce emissions of greenhouse gases. More importantly, investing in the development of innovative and pioneering technologies will assist California in achieving the statewide limits on emissions of greenhouse gases established by this division for 2020 and beyond and will provide an opportunity for the state to take a global economic and technological leadership role in reducing emissions of greenhouse gases. (f) It is the intent of the Legislature that the State Air Resources Board coordinate with state agencies, as well as and consult with the environmental justice community, industry sectors, business groups, academic institutions, environmental organizations, and other stakeholders, in implementing this division. (g) It is the intent of the Legislature that the State Air Resources Board consult with the Public Utilities Commission in the development of emissions reduction measures, including limits on emissions of greenhouse gases applied to electricity and natural gas providers regulated by the Public Utilities Commission in order to ensure that electricity and natural gas providers are not required to meet duplicative or inconsistent regulatory requirements. (h) It is the intent of the Legislature that the State Air Resources Board design emissions reduction measures to meet the statewide emissions limits for greenhouse gases established pursuant to this division in a manner that minimizes costs and maximizes benefits for California’s economy, improves and modernizes California’s energy infrastructure and maintains electric system reliability, maximizes additional environmental and economic co-benefits for California, and complements the state’s efforts to improve air quality. (i) It is the intent of the Legislature that the Climate Action Team established by the Governor to coordinate the efforts set forth under Executive Order S-3-05 continue its role in coordinating overall climate policy. SEC. 2. Section 38505 of the Health and Safety Code is amended to read: 38505. For the purposes of this division, the following terms have the following meanings: (a) “Allowance” means an authorization to emit, during a specified year, up to one ton of carbon dioxide equivalent. (b) “Alternative compliance mechanism” means an action undertaken by a greenhouse gas emission source that achieves the equivalent reduction of greenhouse gas emissions over the same time period as a direct emission reduction, and that is approved by the state board. “Alternative compliance mechanism” includes, but is not limited to, a flexible compliance schedule, alternative control technology, a process change, or a product substitution. (c) “Carbon dioxide equivalent” means the amount of carbon dioxide by weight that would produce the same global warming impact as a given weight of another greenhouse gas, based on the best available science, including from the Intergovernmental Panel on Climate Change. (d) “Cost-effective” or “cost-effectiveness” means the cost per unit of reduced emissions of greenhouse gases adjusted for its global warming potential. (e) “Direct emission reduction” means a greenhouse gas emission reduction action made by a greenhouse gas emission source at that source. (f) “Emissions reduction measure” means programs, measures, standards, and alternative compliance mechanisms authorized pursuant to this division, applicable to sources or categories of sources, that are designed to reduce emissions of greenhouse gases. (g) “Greenhouse gas” or “greenhouse gases” includes all of the following gases: (1) Carbon dioxide. (2) Methane. (3) Nitrous oxide. (4) Hydrofluorocarbons. (5) Perfluorocarbons. (6) Sulfur hexafluoride. (7) Nitrogen trifluoride. (h) “Greenhouse gas emissions limit” means an authorization, during a specified year, to emit up to a level of greenhouse gases specified by the state board, expressed in tons of carbon dioxide equivalents. (i) “Greenhouse gas emission source” or “source” means any source, or category of sources, of greenhouse gas emissions whose emissions are at a level of significance, as determined by the state board, that its participation in the program established under this division will enable the state board to effectively reduce greenhouse gas emissions and monitor compliance with the statewide greenhouse gas emissions limit. (j) “Leakage” means a reduction in emissions of greenhouse gases within the state that is offset by an increase in emissions of greenhouse gases outside the state. (k) “Market-based compliance mechanism” means either of the following: (1) A system of market-based declining annual aggregate emissions limitations for sources or categories of sources that emit greenhouse gases. (2) Greenhouse gas emissions exchanges, banking, credits, and other transactions, governed by rules and protocols established by the state board, that result in the same greenhouse gas emission reduction, over the same time period, as direct compliance with a greenhouse gas emission limit or emission reduction measure adopted by the state board pursuant to this division. (l) “State board” means the State Air Resources Board. (m) “Statewide greenhouse gas emissions” means the total annual emissions of greenhouse gases in the state, including all emissions of greenhouse gases from the generation of electricity delivered to and consumed in California, accounting for transmission and distribution line losses, whether the electricity is generated in state or imported. Statewide emissions shall be expressed in tons of carbon dioxide equivalents. (n) “Statewide greenhouse gas emissions limit” or “statewide emissions limit” means the maximum allowable level of statewide greenhouse gas emissions in 2020, 2020 and beyond, as determined by the state board pursuant to Part 3 (commencing with Section 38550). ### 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 Delta smelt (Hypomesus transpacificus) is a small fish native to the Sacramento-San Joaquin Delta. The Delta smelt is a particularly vulnerable species in the Delta, with a typical lifespan of a single year. It has an unusually low fecundity for a fish with a limited planktonic larvae diet. It resides primarily within the interface between the salt and fresh water. (b) In 1993, the Delta smelt was listed as threatened and has henceforth been protected under state law pursuant to the California Endangered Species Act. (c) There are many known threats to the smelt in the Delta. Loss of habitat, reduced food supply, invasive species, rising temperatures, and toxic contaminants have all been identified as playing a potential role in the decline of Delta smelt. (d) It is critical to move forward with the appropriate comprehensive strategy for a sustainable Delta that includes the investments necessary to allow the Delta smelt and other sensitive species to survive and thrive in their native habitat. This goal must be accomplished in a manner that will also provide sufficient and reliable water supplies to meet the public health and safety needs of Californians throughout the state and support California’s vital economic interests. (e) A long-term comprehensive solution is vital to addressing the myriad of issues affecting ecosystem health and species recovery. However, immediate action is needed to address the critical condition of the Delta smelt population. A Delta smelt hatchery is a single element in what should constitute a suit of actions aimed at improving habitat conditions and species recovery. A Delta smelt hatchery can provide near-term benefits to ensure the survival of this key Delta species. SEC. 2. Chapter 7.1 (commencing with Section 1710) is added to Division 2 of the Fish and Game Code, to read: CHAPTER 7.1. Delta Smelt Preservation and Restoration Act 1710. This chapter shall be known, and may be cited, as the Delta Smelt Preservation and Restoration Act of 2016. 1711. As used in this chapter: (a) “Banking partner” means any state, federal, or local public agency, or person, that enters into a written agreement with the department to participate in the Delta Smelt Hatchery Program. (b) “Delta” means the Sacramento-San Joaquin Delta as described in Section 12220 of the Water Code. (c) “Delta smelt” means the Delta smelt (Hypomesus transpacificus) of the family Osmeridae. (d) “Mitigation bank” means a publicly or privately owned and operated fish hatchery in which Delta smelt are spawned and reared for the purpose of creating refugia populations or for release into the delta to increase the population of Delta smelt in the delta or for use as stock for scientific studies, and which is constructed consistent with this chapter to mitigate the adverse impacts on Delta smelt populations caused by the activities of banking partners. (e) “Mitigation banking agreement” means a written agreement between the department and a banking partner that satisfies the incidental take requirements of subdivision (b) of Section 2081 and that provides a uniform procedure and contribution from each banking partner for receiving mitigation bank credits. (f) “Program” means the Delta Smelt Hatchery Program developed by the department pursuant to Section 1712. (g) “Refugia” means a captive Delta smelt broodstock population managed to maintain a genetic population representative of the wild population. 1712. The department shall develop the Delta Smelt Hatchery Program to preserve and restore the Delta smelt. The program shall be implemented by January 1, 2018, and shall do all of the following: (a) Design a propagation facility for the following intended purposes: (1) Establishing a genetic refugia population. (2) Developing broodstock for scientific and educational purposes. (3) Providing a source of fish for supplementation of wild populations. (b) Identify three potential sites within, or immediately adjacent to, the delta that are suitable for the design, construction, and operation of a Delta smelt hatchery. (c) Result in the design and construction of at least one Delta smelt hatchery on a site identified under subdivision (b) by January 1, 2019. (d) Develop a hatchery management plan that identifies hatchery management and implementation strategies to ensure the success of the program in meeting its goals. The Hatchery Management Plan shall be developed in consultation with the University of California and the United States Fish and Wildlife Service, and other mediums for scientific peer review, as deemed appropriate by the department. (e) Establish and operate a mitigation bank available to banking partners in order to provide take authorization pursuant to Section 2081 to participating banking partners. (f) Adopt guidelines that establish the procedures for entering into a mitigation banking agreement and the cost of participation in the mitigation bank. 1713. The department shall enter into mitigation banking agreements with banking partners for the purpose of providing take authorization under Section 2081. Mitigation banking agreements shall meet both of the following requirements: (a) Establish a requirement for the banking partner to participate in the mitigation bank at a level that is roughly proportional to the impact of the banking partner’s activity on Delta smelt. (b) Set the financial contribution of the banking partner, together with a method of making financial contributions to the mitigation bank, that provide sufficient certainty that financing is available for that banking partner’s share of the annual operations of the Delta smelt hatchery in an amount sufficient to satisfy the mitigation obligation of the banking partner under the permit issued pursuant to Section 1714. 1714. If the department enters into a mitigation banking agreement that satisfies all of the requirements of this chapter, the department shall issue a permit authorizing an incidental take under Section 2081 to participating banking partners. 1715. Delta smelt reared for refugia populations, scientific research, and population augmentation shall be counted towards mitigation credits. Hatchery production in excess of the obligations of mitigation banking partners shall create mitigation credits available to meet the obligations of future activities. Banking credits shall be available to banking partners to satisfy mitigation obligations required under the federal Endangered Species Act, consistent with a mitigation plan approved by the United States Fish and Wildlife Service. 1716. Funding necessary for the long-term operation and maintenance of the program and a Delta smelt hatchery shall be provided from revenues received from banking partners. Funds provided through banking agreements shall be dedicated to program implementation and not used for other purposes. 1717. Costs for the planning, design, and construction of a Delta smelt hatchery, including purchase of any necessary lands, easements, or rights-of-way shall be made from funds allocated pursuant to Section 1718. An audit of all funds received for the program shall be conducted every three years. 1718. The sum of dollars ($____) is hereby appropriated from ____ to the department for expenditure without regard to fiscal year, for purposes of implementing this chapter. 1719. The department may contract with public agencies outside of state government for the planning, design, construction, and operation of one or more Delta smelt hatcheries. 1720. The department may partner with the United States Fish and Wildlife Service in establishing and operating a Delta smelt hatchery, provided that all requirements of this chapter shall be complied with. 1721. The department shall cooperate on the development of long-term comprehensive Delta ecosystem solutions to ensure consistency with this chapter. A program implemented pursuant to Section 1712 shall be included as one of the actions incorporated into any state-adopted comprehensive Delta ecosystem program. 1722. Nothing in this chapter shall diminish the protections provided to Delta smelt under state law, provide for illegal taking of Delta smelt, or eliminate the requirements for compliance with the California Endangered Species Act.

Existing law requires the Fish and Game Commission to establish fish hatcheries for the purposes of stocking the waters of California with fish, and requires the Department of Fish and Wildlife to maintain and operate those hatcheries. This bill would enact the Delta Smelt Preservation and Restoration Act of 2016. The act would require the department to develop a Delta smelt hatchery program to preserve and restore the Delta smelt. The bill would require the department to enter into mitigation banking agreements with banking partners for the purpose of providing take authorizations to banking partners and to obtain funding from banking agreements. The bill would appropriate an unspecified amount of money from an unspecified source to the department for purposes of implementing the bill’s 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 Delta smelt (Hypomesus transpacificus) is a small fish native to the Sacramento-San Joaquin Delta. The Delta smelt is a particularly vulnerable species in the Delta, with a typical lifespan of a single year. It has an unusually low fecundity for a fish with a limited planktonic larvae diet. It resides primarily within the interface between the salt and fresh water. (b) In 1993, the Delta smelt was listed as threatened and has henceforth been protected under state law pursuant to the California Endangered Species Act. (c) There are many known threats to the smelt in the Delta. Loss of habitat, reduced food supply, invasive species, rising temperatures, and toxic contaminants have all been identified as playing a potential role in the decline of Delta smelt. (d) It is critical to move forward with the appropriate comprehensive strategy for a sustainable Delta that includes the investments necessary to allow the Delta smelt and other sensitive species to survive and thrive in their native habitat. This goal must be accomplished in a manner that will also provide sufficient and reliable water supplies to meet the public health and safety needs of Californians throughout the state and support California’s vital economic interests. (e) A long-term comprehensive solution is vital to addressing the myriad of issues affecting ecosystem health and species recovery. However, immediate action is needed to address the critical condition of the Delta smelt population. A Delta smelt hatchery is a single element in what should constitute a suit of actions aimed at improving habitat conditions and species recovery. A Delta smelt hatchery can provide near-term benefits to ensure the survival of this key Delta species. SEC. 2. Chapter 7.1 (commencing with Section 1710) is added to Division 2 of the Fish and Game Code, to read: CHAPTER 7.1. Delta Smelt Preservation and Restoration Act 1710. This chapter shall be known, and may be cited, as the Delta Smelt Preservation and Restoration Act of 2016. 1711. As used in this chapter: (a) “Banking partner” means any state, federal, or local public agency, or person, that enters into a written agreement with the department to participate in the Delta Smelt Hatchery Program. (b) “Delta” means the Sacramento-San Joaquin Delta as described in Section 12220 of the Water Code. (c) “Delta smelt” means the Delta smelt (Hypomesus transpacificus) of the family Osmeridae. (d) “Mitigation bank” means a publicly or privately owned and operated fish hatchery in which Delta smelt are spawned and reared for the purpose of creating refugia populations or for release into the delta to increase the population of Delta smelt in the delta or for use as stock for scientific studies, and which is constructed consistent with this chapter to mitigate the adverse impacts on Delta smelt populations caused by the activities of banking partners. (e) “Mitigation banking agreement” means a written agreement between the department and a banking partner that satisfies the incidental take requirements of subdivision (b) of Section 2081 and that provides a uniform procedure and contribution from each banking partner for receiving mitigation bank credits. (f) “Program” means the Delta Smelt Hatchery Program developed by the department pursuant to Section 1712. (g) “Refugia” means a captive Delta smelt broodstock population managed to maintain a genetic population representative of the wild population. 1712. The department shall develop the Delta Smelt Hatchery Program to preserve and restore the Delta smelt. The program shall be implemented by January 1, 2018, and shall do all of the following: (a) Design a propagation facility for the following intended purposes: (1) Establishing a genetic refugia population. (2) Developing broodstock for scientific and educational purposes. (3) Providing a source of fish for supplementation of wild populations. (b) Identify three potential sites within, or immediately adjacent to, the delta that are suitable for the design, construction, and operation of a Delta smelt hatchery. (c) Result in the design and construction of at least one Delta smelt hatchery on a site identified under subdivision (b) by January 1, 2019. (d) Develop a hatchery management plan that identifies hatchery management and implementation strategies to ensure the success of the program in meeting its goals. The Hatchery Management Plan shall be developed in consultation with the University of California and the United States Fish and Wildlife Service, and other mediums for scientific peer review, as deemed appropriate by the department. (e) Establish and operate a mitigation bank available to banking partners in order to provide take authorization pursuant to Section 2081 to participating banking partners. (f) Adopt guidelines that establish the procedures for entering into a mitigation banking agreement and the cost of participation in the mitigation bank. 1713. The department shall enter into mitigation banking agreements with banking partners for the purpose of providing take authorization under Section 2081. Mitigation banking agreements shall meet both of the following requirements: (a) Establish a requirement for the banking partner to participate in the mitigation bank at a level that is roughly proportional to the impact of the banking partner’s activity on Delta smelt. (b) Set the financial contribution of the banking partner, together with a method of making financial contributions to the mitigation bank, that provide sufficient certainty that financing is available for that banking partner’s share of the annual operations of the Delta smelt hatchery in an amount sufficient to satisfy the mitigation obligation of the banking partner under the permit issued pursuant to Section 1714. 1714. If the department enters into a mitigation banking agreement that satisfies all of the requirements of this chapter, the department shall issue a permit authorizing an incidental take under Section 2081 to participating banking partners. 1715. Delta smelt reared for refugia populations, scientific research, and population augmentation shall be counted towards mitigation credits. Hatchery production in excess of the obligations of mitigation banking partners shall create mitigation credits available to meet the obligations of future activities. Banking credits shall be available to banking partners to satisfy mitigation obligations required under the federal Endangered Species Act, consistent with a mitigation plan approved by the United States Fish and Wildlife Service. 1716. Funding necessary for the long-term operation and maintenance of the program and a Delta smelt hatchery shall be provided from revenues received from banking partners. Funds provided through banking agreements shall be dedicated to program implementation and not used for other purposes. 1717. Costs for the planning, design, and construction of a Delta smelt hatchery, including purchase of any necessary lands, easements, or rights-of-way shall be made from funds allocated pursuant to Section 1718. An audit of all funds received for the program shall be conducted every three years. 1718. The sum of dollars ($____) is hereby appropriated from ____ to the department for expenditure without regard to fiscal year, for purposes of implementing this chapter. 1719. The department may contract with public agencies outside of state government for the planning, design, construction, and operation of one or more Delta smelt hatcheries. 1720. The department may partner with the United States Fish and Wildlife Service in establishing and operating a Delta smelt hatchery, provided that all requirements of this chapter shall be complied with. 1721. The department shall cooperate on the development of long-term comprehensive Delta ecosystem solutions to ensure consistency with this chapter. A program implemented pursuant to Section 1712 shall be included as one of the actions incorporated into any state-adopted comprehensive Delta ecosystem program. 1722. Nothing in this chapter shall diminish the protections provided to Delta smelt under state law, provide for illegal taking of Delta smelt, or eliminate the requirements for compliance with the California Endangered Species Act. ### Summary: This bill establishes the Delta Smelt Preservation and Restoration Act of 2016. The bill requires the Department of Fish and Wildlife to develop the Delta S

The people of the State of California do enact as follows: SECTION 1. Section 739.1 of the Public Utilities Code is amended to read: 739.1. (a) The commission shall continue a program of assistance to low-income electric and gas customers with annual household incomes that are no greater than 200 percent of the federal poverty guideline levels, the cost of which shall not be borne solely by any single class of customer. For one-person households, program eligibility shall be based on two-person household guideline levels. The program shall be referred to as the California Alternate Rates for Energy or CARE program. The commission shall ensure that the level of discount for low-income electric and gas customers correctly reflects the level of need. (b) The commission shall establish rates for CARE program participants, subject to both of the following: (1) That the commission ensure that low-income ratepayers are not jeopardized or overburdened by monthly energy expenditures, pursuant to subdivision (b) of Section 382. (2) That the level of the discount for low-income electricity and gas ratepayers correctly reflects the level of need as determined by the needs assessment conducted pursuant to subdivision (d) of Section 382. (c) In establishing CARE discounts for an electrical corporation with 100,000 or more customer accounts in California, the commission shall ensure all of the following: (1) The average effective CARE discount shall not be less than 30 percent or more than 35 percent of the revenues that would have been produced for the same billed usage by non-CARE customers. The average effective discount determined by the commission shall reflect any charges not paid by CARE customers, including payments for the California Solar Initiative, payments for the self-generation incentive program made pursuant to Section 379.6, payment of the separate rate component to fund the CARE program made pursuant to subdivision (a) of Section 381, payments made to the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code, and any discount in a fixed charge. The average effective CARE discount shall be calculated as a weighted average of the CARE discounts provided to individual customers. (2) If an electrical corporation provides an average effective CARE discount in excess of the maximum percentage specified in paragraph (1), the electrical corporation shall not reduce, on an annual basis, the average effective CARE discount by more than a reasonable percentage decrease below the discount in effect on January 1, 2013, or that the electrical corporation had been authorized to place in effect by that date. (3) The entire discount shall be provided in the form of a reduction in the overall bill for the eligible CARE customer. (d) The commission shall work with electrical and gas corporations to establish penetration goals. The commission shall authorize recovery of all administrative costs associated with the implementation of the CARE program that the commission determines to be reasonable, through a balancing account mechanism. Administrative costs shall include, but are not limited to, outreach, marketing, regulatory compliance, certification and verification, billing, measurement and evaluation, and capital improvements and upgrades to communications and processing equipment. (e) The commission shall examine methods to improve CARE enrollment and participation. This examination shall include, but need not be limited to, comparing information from CARE and the Universal Lifeline Telephone Service (ULTS) to determine the most effective means of utilizing that information to increase CARE enrollment, automatic enrollment of ULTS customers who are eligible for the CARE program, customer privacy issues, and alternative mechanisms for outreach to potential enrollees. The commission shall ensure that a customer consents prior to before enrollment. The commission shall consult with interested parties, including ULTS providers, to develop the best methods of informing ULTS customers about other available low-income programs, as well as the best mechanism for telephone providers to recover reasonable costs incurred pursuant to this section. (f) (1) The commission shall improve the CARE application process by cooperating with other entities and representatives of California government, including the California Health and Human Services Agency and the Secretary of California Health and Human Services, to ensure that all gas and electric customers eligible for public assistance programs in California that reside within the service territory of an electrical corporation or gas corporation, are enrolled in the CARE program. The commission may determine that gas and electric customers are categorically eligible for CARE assistance if they are enrolled in other public assistance programs with substantially the same income eligibility requirements as the CARE program. To the extent practicable, the commission shall develop a CARE application process using the existing ULTS application process as a model. The commission shall work with electrical and gas corporations and the Low-Income Oversight Board established in Section 382.1 to meet the low-income objectives in this section. CARE program participants who fail to respond to an income verification request shall be permanently barred from self-certified re enrollment in the CARE program. (2) The commission shall ensure that an electrical corporation or gas corporation with a commission-approved program to provide discounts based upon economic need in addition to the CARE program, including a Family Electric Rate Assistance program, utilize a single application form, to enable an applicant to alternatively apply for any assistance program for which the applicant may be eligible. It is the intent of the Legislature to allow applicants under one program, that may not be eligible under that program, but that may be eligible under an alternative assistance program based upon economic need, to complete a single application for any commission-approved assistance program offered by the public utility. (g) It is the intent of the Legislature that the commission ensure CARE program participants receive affordable electric and gas service that does not impose an unfair economic burden on those participants. (h) The commission’s program of assistance to low-income electric and gas customers shall, as soon as practicable, include nonprofit group living facilities specified by the commission, if the commission finds that the residents in these facilities substantially meet the commission’s low-income eligibility requirements and there is a feasible process for certifying that the assistance shall be used for the direct benefit, such as improved quality of care or improved food service, of the low-income residents in the facilities. The commission shall authorize utilities to offer discounts to eligible facilities licensed or permitted by appropriate state or local agencies, and to facilities, including women’s shelters, hospices, and homeless shelters, that may not have a license or permit but provide other proof satisfactory to the utility that they are eligible to participate in the program. (i) (1) In addition to existing assessments of eligibility, an electrical corporation may require proof of income eligibility for those CARE program participants whose electricity usage, in any monthly or other billing period, exceeds 400 percent of baseline usage. The authority of an electrical corporation to require proof of income eligibility is not limited by the means by which the CARE program participant enrolled in the program, including if the participant was automatically enrolled in the CARE program because of participation in a governmental assistance program. If a CARE program participant’s electricity usage exceeds 400 percent of baseline usage, the electrical corporation may require the CARE program participant to participate in the Energy Savings Assistance Program (ESAP), which includes a residential energy assessment, in order to provide the CARE program participant with information and assistance in reducing his or her energy usage. Continued participation in the CARE program may be conditioned upon the CARE program participant agreeing to participate in ESAP within 45 days of notice being given by the electrical corporation pursuant to this paragraph. The electrical corporation may require the CARE program participant to notify the utility of whether the residence is rented, and if so, a means by which to contact the landlord, and the electrical corporation may share any evaluation and recommendation relative to the residential structure that is made as part of an energy assessment, with the landlord of the CARE program participant. Requirements imposed pursuant to this paragraph shall be consistent with procedures adopted by the commission. (2) If a CARE program participant’s electricity usage exceeds 600 percent of baseline usage, the electrical corporation shall require the CARE program participant to participate in ESAP, which includes a residential energy assessment, in order to provide the CARE program participant with information and assistance in reducing his or her energy usage. Continued participation in the CARE program shall be conditioned upon the CARE program participant agreeing to participate in ESAP within 45 days of a notice made by the electrical corporation pursuant to this paragraph. The electrical corporation may require the CARE program participant to notify the utility of whether the residence is rented, and if so, a means by which to contact the landlord, and the electrical corporation may share any evaluation and recommendation relative to the residential structure that is made as part of an energy assessment, with the landlord of the CARE program participant. Following the completion of the energy assessment, if the CARE program participant’s electricity usage continues to exceed 600 percent of baseline usage, the electrical corporation may remove the CARE program participant from the program if the removal is consistent with procedures adopted by the commission. Nothing in this paragraph shall prevent a CARE program participant with electricity usage exceeding 600 percent of baseline usage from participating in an appeals process with the electrical corporation to determine whether the participant’s usage levels are legitimate. (3) A CARE program participant in a rental residence shall not be removed from the program in situations where the landlord is nonresponsive when contacted by the electrical corporation or does not provide for ESAP participation. 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.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations, as defined. Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Existing law requires the commission to establish a program of assistance to low-income electric and gas customers with annual household incomes that are no greater than 200% of the federal poverty guidelines, referred to as the California Alternate Rates for Energy or CARE program. This bill would provide that CARE program participants who fail to respond to an income verification request shall be permanently barred from self-certified reenrollment in the CARE program. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new 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. Section 739.1 of the Public Utilities Code is amended to read: 739.1. (a) The commission shall continue a program of assistance to low-income electric and gas customers with annual household incomes that are no greater than 200 percent of the federal poverty guideline levels, the cost of which shall not be borne solely by any single class of customer. For one-person households, program eligibility shall be based on two-person household guideline levels. The program shall be referred to as the California Alternate Rates for Energy or CARE program. The commission shall ensure that the level of discount for low-income electric and gas customers correctly reflects the level of need. (b) The commission shall establish rates for CARE program participants, subject to both of the following: (1) That the commission ensure that low-income ratepayers are not jeopardized or overburdened by monthly energy expenditures, pursuant to subdivision (b) of Section 382. (2) That the level of the discount for low-income electricity and gas ratepayers correctly reflects the level of need as determined by the needs assessment conducted pursuant to subdivision (d) of Section 382. (c) In establishing CARE discounts for an electrical corporation with 100,000 or more customer accounts in California, the commission shall ensure all of the following: (1) The average effective CARE discount shall not be less than 30 percent or more than 35 percent of the revenues that would have been produced for the same billed usage by non-CARE customers. The average effective discount determined by the commission shall reflect any charges not paid by CARE customers, including payments for the California Solar Initiative, payments for the self-generation incentive program made pursuant to Section 379.6, payment of the separate rate component to fund the CARE program made pursuant to subdivision (a) of Section 381, payments made to the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code, and any discount in a fixed charge. The average effective CARE discount shall be calculated as a weighted average of the CARE discounts provided to individual customers. (2) If an electrical corporation provides an average effective CARE discount in excess of the maximum percentage specified in paragraph (1), the electrical corporation shall not reduce, on an annual basis, the average effective CARE discount by more than a reasonable percentage decrease below the discount in effect on January 1, 2013, or that the electrical corporation had been authorized to place in effect by that date. (3) The entire discount shall be provided in the form of a reduction in the overall bill for the eligible CARE customer. (d) The commission shall work with electrical and gas corporations to establish penetration goals. The commission shall authorize recovery of all administrative costs associated with the implementation of the CARE program that the commission determines to be reasonable, through a balancing account mechanism. Administrative costs shall include, but are not limited to, outreach, marketing, regulatory compliance, certification and verification, billing, measurement and evaluation, and capital improvements and upgrades to communications and processing equipment. (e) The commission shall examine methods to improve CARE enrollment and participation. This examination shall include, but need not be limited to, comparing information from CARE and the Universal Lifeline Telephone Service (ULTS) to determine the most effective means of utilizing that information to increase CARE enrollment, automatic enrollment of ULTS customers who are eligible for the CARE program, customer privacy issues, and alternative mechanisms for outreach to potential enrollees. The commission shall ensure that a customer consents prior to before enrollment. The commission shall consult with interested parties, including ULTS providers, to develop the best methods of informing ULTS customers about other available low-income programs, as well as the best mechanism for telephone providers to recover reasonable costs incurred pursuant to this section. (f) (1) The commission shall improve the CARE application process by cooperating with other entities and representatives of California government, including the California Health and Human Services Agency and the Secretary of California Health and Human Services, to ensure that all gas and electric customers eligible for public assistance programs in California that reside within the service territory of an electrical corporation or gas corporation, are enrolled in the CARE program. The commission may determine that gas and electric customers are categorically eligible for CARE assistance if they are enrolled in other public assistance programs with substantially the same income eligibility requirements as the CARE program. To the extent practicable, the commission shall develop a CARE application process using the existing ULTS application process as a model. The commission shall work with electrical and gas corporations and the Low-Income Oversight Board established in Section 382.1 to meet the low-income objectives in this section. CARE program participants who fail to respond to an income verification request shall be permanently barred from self-certified re enrollment in the CARE program. (2) The commission shall ensure that an electrical corporation or gas corporation with a commission-approved program to provide discounts based upon economic need in addition to the CARE program, including a Family Electric Rate Assistance program, utilize a single application form, to enable an applicant to alternatively apply for any assistance program for which the applicant may be eligible. It is the intent of the Legislature to allow applicants under one program, that may not be eligible under that program, but that may be eligible under an alternative assistance program based upon economic need, to complete a single application for any commission-approved assistance program offered by the public utility. (g) It is the intent of the Legislature that the commission ensure CARE program participants receive affordable electric and gas service that does not impose an unfair economic burden on those participants. (h) The commission’s program of assistance to low-income electric and gas customers shall, as soon as practicable, include nonprofit group living facilities specified by the commission, if the commission finds that the residents in these facilities substantially meet the commission’s low-income eligibility requirements and there is a feasible process for certifying that the assistance shall be used for the direct benefit, such as improved quality of care or improved food service, of the low-income residents in the facilities. The commission shall authorize utilities to offer discounts to eligible facilities licensed or permitted by appropriate state or local agencies, and to facilities, including women’s shelters, hospices, and homeless shelters, that may not have a license or permit but provide other proof satisfactory to the utility that they are eligible to participate in the program. (i) (1) In addition to existing assessments of eligibility, an electrical corporation may require proof of income eligibility for those CARE program participants whose electricity usage, in any monthly or other billing period, exceeds 400 percent of baseline usage. The authority of an electrical corporation to require proof of income eligibility is not limited by the means by which the CARE program participant enrolled in the program, including if the participant was automatically enrolled in the CARE program because of participation in a governmental assistance program. If a CARE program participant’s electricity usage exceeds 400 percent of baseline usage, the electrical corporation may require the CARE program participant to participate in the Energy Savings Assistance Program (ESAP), which includes a residential energy assessment, in order to provide the CARE program participant with information and assistance in reducing his or her energy usage. Continued participation in the CARE program may be conditioned upon the CARE program participant agreeing to participate in ESAP within 45 days of notice being given by the electrical corporation pursuant to this paragraph. The electrical corporation may require the CARE program participant to notify the utility of whether the residence is rented, and if so, a means by which to contact the landlord, and the electrical corporation may share any evaluation and recommendation relative to the residential structure that is made as part of an energy assessment, with the landlord of the CARE program participant. Requirements imposed pursuant to this paragraph shall be consistent with procedures adopted by the commission. (2) If a CARE program participant’s electricity usage exceeds 600 percent of baseline usage, the electrical corporation shall require the CARE program participant to participate in ESAP, which includes a residential energy assessment, in order to provide the CARE program participant with information and assistance in reducing his or her energy usage. Continued participation in the CARE program shall be conditioned upon the CARE program participant agreeing to participate in ESAP within 45 days of a notice made by the electrical corporation pursuant to this paragraph. The electrical corporation may require the CARE program participant to notify the utility of whether the residence is rented, and if so, a means by which to contact the landlord, and the electrical corporation may share any evaluation and recommendation relative to the residential structure that is made as part of an energy assessment, with the landlord of the CARE program participant. Following the completion of the energy assessment, if the CARE program participant’s electricity usage continues to exceed 600 percent of baseline usage, the electrical corporation may remove the CARE program participant from the program if the removal is consistent with procedures adopted by the commission. Nothing in this paragraph shall prevent a CARE program participant with electricity usage exceeding 600 percent of baseline usage from participating in an appeals process with the electrical corporation to determine whether the participant’s usage levels are legitimate. (3) A CARE program participant in a rental residence shall not be removed from the program in situations where the landlord is nonresponsive when contacted by the electrical corporation or does not provide for ESAP participation. 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. Chapter 6 (commencing with Section 8390) is added to Division 4.1 of the Public Utilities Code, to read: CHAPTER 6. Energy Efficiency Programs and Demand Response 8390. (a) An electrical or gas corporation shall require recipients of rebates or incentives from residential or commercial energy efficiency or weatherization programs of the electrical or gas corporation, not including programs for appliance replacement, to install demand response infrastructure on the property for which the rebates or incentives are provided. (b) A local publicly owned electric or gas utility shall require recipients of rebates or incentives from residential or commercial energy efficiency or weatherization programs of the utility, not including programs for appliance replacement, to install demand response infrastructure on the property for which the rebates or incentives are provided. SECTION 1. Section 399.20 of the Public Utilities Code is amended to read: 399.20. (a)It is the policy of this state and the intent of the Legislature to encourage electrical generation from eligible renewable energy resources, including renewable energy resources that can be used to meet peak demand. (b)As used in this section, “electric generation facility” means an electric generation facility located within the service territory of, and developed to sell electricity to, an electrical corporation that meets all of the following criteria: (1)Has an effective capacity of not more than three megawatts. (2)Is interconnected and operates in parallel with the electrical transmission and distribution grid. (3)Is strategically located and interconnected to the electrical transmission and distribution grid in a manner that optimizes the deliverability of electricity generated at the facility to load centers. (4)Is an eligible renewable energy resource. (c)An electrical corporation shall file with the commission a standard tariff for electricity purchased from an electric generation facility. The commission may modify or adjust the requirements of this section for an electrical corporation with less than 100,000 service connections, as individual circumstances merit. (d)(1)The tariff shall provide for payment for every kilowatthour of electricity purchased from an electric generation facility for a period of 10, 15, or 20 years, as authorized by the commission. The payment shall be the market price determined by the commission pursuant to paragraph (2) and shall include all current and anticipated environmental compliance costs, including, but not limited to, mitigation of emissions of greenhouse gases and air pollution offsets associated with the operation of new generating facilities in the local air pollution control or air quality management district where the electric generation facility is located. (2)The commission shall establish a methodology to determine the market price of electricity for terms corresponding to the length of contracts with an electric generation facility, in consideration of the following: (A)The long-term market price of electricity for fixed price contracts, determined pursuant to an electrical corporation’s general procurement activities, as authorized by the commission. (B)The long-term ownership, operating, and fixed-price fuel costs associated with fixed-price electricity from new generating facilities. (C)The value of different electricity products including baseload, peaking, and as-available electricity. (3)The commission may adjust the payment rate to reflect the value of every kilowatthour of electricity generated on a time-of-delivery basis. (4)The commission shall ensure, with respect to rates and charges, that ratepayers that do not receive service pursuant to the tariff are indifferent to whether a ratepayer with an electric generation facility receives service pursuant to the tariff. (e)An electrical corporation shall provide expedited interconnection procedures to an electric generation facility located on a distribution circuit that generates electricity at a time and in a manner so as to offset the peak demand on the distribution circuit, if the electrical corporation determines that the electric generation facility will not adversely affect the distribution grid. The commission shall consider, and may establish, a value for an electric generation facility located on a distribution circuit that generates electricity at a time and in a manner so as to offset the peak demand on the distribution circuit. (f)(1)An electrical corporation shall make the tariff available to the owner or operator of an electric generation facility within the service territory of the electrical corporation, upon request, on a first-come-first-served basis, until the electrical corporation meets its proportionate share of a statewide cap of 750 megawatts cumulative rated generation capacity served under this section and Section 399.32. The proportionate share shall be calculated based on the ratio of the electrical corporation’s peak demand compared to the total statewide peak demand. (2)By June 1, 2013, the commission shall, in addition to the 750 megawatts identified in paragraph (1), direct the electrical corporations to collectively procure at least 250 megawatts of cumulative rated generating capacity from developers of bioenergy projects that commence operation on or after June 1, 2013. The commission shall, for each electrical corporation, allocate shares of the additional 250 megawatts based on the ratio of each electrical corporation’s peak demand compared to the total statewide peak demand. In implementing this paragraph, the commission shall do all of the following: (A)Allocate the 250 megawatts identified in this paragraph among the electrical corporations based on the following categories: (i)For biogas from wastewater treatment, municipal organic waste diversion, food processing, and codigestion, 110 megawatts. (ii)For dairy and other agricultural bioenergy, 90 megawatts. (iii)For bioenergy using byproducts of sustainable forest management, 50 megawatts. Allocations under this category shall be determined based on the proportion of bioenergy that sustainable forest management providers derive from sustainable forest management in fire threat treatment areas, as designated by the Department of Forestry and Fire Protection. (B)Direct the electrical corporations to develop standard contract terms and conditions that reflect the operational characteristics of the projects, and to provide a streamlined contracting process. (C)Coordinate, to the maximum extent feasible, any incentive or subsidy programs for bioenergy with the agencies listed in subparagraph (A) of paragraph (3) to provide maximum benefits to ratepayers and to ensure that incentives are used to reduce contract prices. (D)The commission shall encourage gas and electrical corporations to develop and offer programs and services to facilitate development of in-state biogas for a broad range of purposes. (3)(A)The commission, in consultation with the Energy Commission, the State Air Resources Board, the Department of Forestry and Fire Protection, the Department of Food and Agriculture, and the Department of Resources Recycling and Recovery, may review the allocations of the 250 additional megawatts identified in paragraph (2) to determine if those allocations are appropriate. (B)If the commission finds that the allocations of the 250 additional megawatts identified in paragraph (2) are not appropriate, the commission may reallocate the 250 megawatts among the categories established in subparagraph (A) of paragraph (2). (4)For purposes of this subdivision, “bioenergy” means biogas and biomass. (g)The electrical corporation may make the terms of the tariff available to owners and operators of an electric generation facility in the form of a standard contract subject to commission approval. (h)Every kilowatthour of electricity purchased from an electric generation facility shall count toward meeting the electrical corporation’s renewables portfolio standard annual procurement targets for purposes of paragraph (1) of subdivision (b) of Section 399.15. (i)The physical generating capacity of an electric generation facility shall count toward the electrical corporation’s resource adequacy requirement for purposes of Section 380. (j)(1)The commission shall establish performance standards for any electric generation facility that has a capacity greater than one megawatt to ensure that those facilities are constructed, operated, and maintained to generate the expected annual net production of electricity and do not impact system reliability. (2)The commission may reduce the three megawatt capacity limitation of paragraph (1) of subdivision (b) if the commission finds that a reduced capacity limitation is necessary to maintain system reliability within that electrical corporation’s service territory. (k)(1)An owner or operator of an electric generation facility that received ratepayer-funded incentives in accordance with Section 379.6 of this code, or with Section 25782 of the Public Resources Code, and participated in a net metering program pursuant to Sections 2827 and 2827.10 of, and former Section 2827.9 of, this code before January 1, 2010, shall be eligible for a tariff or standard contract filed by an electrical corporation pursuant to this section. (2)In establishing the tariffs or standard contracts pursuant to this section, the commission shall consider ratepayer-funded incentive payments previously received by the generation facility pursuant to Section 379.6 of this code or Section 25782 of the Public Resources Code. The commission shall require reimbursement of any funds received from these incentive programs to an electric generation facility, in order for that facility to be eligible for a tariff or standard contract filed by an electrical corporation pursuant to this section, unless the commission determines ratepayers have received sufficient value from the incentives provided to the facility based on how long the project has been in operation and the amount of renewable electricity previously generated by the facility. (3)A customer that receives service under a tariff or contract approved by the commission pursuant to this section is not eligible to participate in a net metering program. (l)An owner or operator of an electric generation facility electing to receive service under a tariff or contract approved by the commission shall continue to receive service under the tariff or contract until either of the following occurs: (1)The owner or operator of an electric generation facility no longer meets the eligibility requirements for receiving service pursuant to the tariff or contract. (2)The period of service established by the commission pursuant to subdivision (d) is completed. (m)Within 10 days of receipt of a request for a tariff pursuant to this section from an owner or operator of an electric generation facility, the electrical corporation that receives the request shall post a copy of the request on its Internet Web site. The information posted on the Internet Web site shall include the name of the city in which the facility is located, but information that is proprietary and confidential, including, but not limited to, address information beyond the name of the city in which the facility is located, shall be redacted. (n)An electrical corporation may deny a tariff request pursuant to this section if the electrical corporation makes any of the following findings: (1)The electric generation facility does not meet the requirements of this section. (2)The transmission or distribution grid that would serve as the point of interconnection is inadequate. (3)The electric generation facility does not meet all applicable state and local laws and building standards and utility interconnection requirements. (4)The aggregate of all electric generating facilities on a distribution circuit would adversely impact utility operation and load restoration efforts of the distribution system. (o)Upon receiving a notice of denial from an electrical corporation, the owner or operator of the electric generation facility denied a tariff pursuant to this section shall have the right to appeal that decision to the commission. (p)To ensure the safety and reliability of electric generation facilities, the owner of an electric generation facility receiving a tariff pursuant to this section shall provide an inspection and maintenance report to the electrical corporation at least once every other year. The inspection and maintenance report shall be prepared at the owner’s or operator’s expense by a California-licensed contractor who is not the owner or operator of the electric generation facility. A California-licensed electrician shall perform the inspection of the electrical portion of the generation facility. (q)The contract between the electric generation facility receiving the tariff and the electrical corporation shall contain provisions that ensure that construction of the electric generating facility complies with all applicable state and local laws and building standards, and utility interconnection requirements. (r)(1)All construction and installation of facilities of the electrical corporation, including at the point of the output meter or at the transmission or distribution grid, shall be performed only by that electrical corporation. (2)All interconnection facilities installed on the electrical corporation’s side of the transfer point for electricity between the electrical corporation and the electrical conductors of the electric generation facility shall be owned, operated, and maintained only by the electrical corporation. The ownership, installation, operation, reading, and testing of revenue metering equipment for electric generating facilities shall only be performed by the electrical corporation.

Existing law requires the Public Utilities Commission, in consultation with the State Energy Resources Conservation and Development Commission, to identify all potential cost-effective energy efficiency savings and establish efficiency targets for an electrical or gas corporation. Existing law requires a local publicly owned electric utility, in procuring energy, to acquire all cost-effective energy efficiency and demand response resources that are cost-effective, reliable, and feasible. This bill would require electric and gas corporations and local publicly owned electric and gas utilities to require recipients of rebates or incentives from their residential or commercial energy efficiency or weatherization programs to install demand response infrastructure on the property for which the rebates or incentives are provided. Under the Public Utilities Act, electrical corporations are required to file with the Public Utilities Commission a standard tariff for electricity purchased from certain electric generation facilities. The act declares it is the policy of this state and the intent of the Legislature to encourage electrical generation from eligible renewable energy resources. This bill would specifically include in those eligible renewable energy resources those that can be used to meet peak demand. The bill also would make nonsubstantive changes and would correct erroneous cross-references.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Chapter 6 (commencing with Section 8390) is added to Division 4.1 of the Public Utilities Code, to read: CHAPTER 6. Energy Efficiency Programs and Demand Response 8390. (a) An electrical or gas corporation shall require recipients of rebates or incentives from residential or commercial energy efficiency or weatherization programs of the electrical or gas corporation, not including programs for appliance replacement, to install demand response infrastructure on the property for which the rebates or incentives are provided. (b) A local publicly owned electric or gas utility shall require recipients of rebates or incentives from residential or commercial energy efficiency or weatherization programs of the utility, not including programs for appliance replacement, to install demand response infrastructure on the property for which the rebates or incentives are provided. SECTION 1. Section 399.20 of the Public Utilities Code is amended to read: 399.20. (a)It is the policy of this state and the intent of the Legislature to encourage electrical generation from eligible renewable energy resources, including renewable energy resources that can be used to meet peak demand. (b)As used in this section, “electric generation facility” means an electric generation facility located within the service territory of, and developed to sell electricity to, an electrical corporation that meets all of the following criteria: (1)Has an effective capacity of not more than three megawatts. (2)Is interconnected and operates in parallel with the electrical transmission and distribution grid. (3)Is strategically located and interconnected to the electrical transmission and distribution grid in a manner that optimizes the deliverability of electricity generated at the facility to load centers. (4)Is an eligible renewable energy resource. (c)An electrical corporation shall file with the commission a standard tariff for electricity purchased from an electric generation facility. The commission may modify or adjust the requirements of this section for an electrical corporation with less than 100,000 service connections, as individual circumstances merit. (d)(1)The tariff shall provide for payment for every kilowatthour of electricity purchased from an electric generation facility for a period of 10, 15, or 20 years, as authorized by the commission. The payment shall be the market price determined by the commission pursuant to paragraph (2) and shall include all current and anticipated environmental compliance costs, including, but not limited to, mitigation of emissions of greenhouse gases and air pollution offsets associated with the operation of new generating facilities in the local air pollution control or air quality management district where the electric generation facility is located. (2)The commission shall establish a methodology to determine the market price of electricity for terms corresponding to the length of contracts with an electric generation facility, in consideration of the following: (A)The long-term market price of electricity for fixed price contracts, determined pursuant to an electrical corporation’s general procurement activities, as authorized by the commission. (B)The long-term ownership, operating, and fixed-price fuel costs associated with fixed-price electricity from new generating facilities. (C)The value of different electricity products including baseload, peaking, and as-available electricity. (3)The commission may adjust the payment rate to reflect the value of every kilowatthour of electricity generated on a time-of-delivery basis. (4)The commission shall ensure, with respect to rates and charges, that ratepayers that do not receive service pursuant to the tariff are indifferent to whether a ratepayer with an electric generation facility receives service pursuant to the tariff. (e)An electrical corporation shall provide expedited interconnection procedures to an electric generation facility located on a distribution circuit that generates electricity at a time and in a manner so as to offset the peak demand on the distribution circuit, if the electrical corporation determines that the electric generation facility will not adversely affect the distribution grid. The commission shall consider, and may establish, a value for an electric generation facility located on a distribution circuit that generates electricity at a time and in a manner so as to offset the peak demand on the distribution circuit. (f)(1)An electrical corporation shall make the tariff available to the owner or operator of an electric generation facility within the service territory of the electrical corporation, upon request, on a first-come-first-served basis, until the electrical corporation meets its proportionate share of a statewide cap of 750 megawatts cumulative rated generation capacity served under this section and Section 399.32. The proportionate share shall be calculated based on the ratio of the electrical corporation’s peak demand compared to the total statewide peak demand. (2)By June 1, 2013, the commission shall, in addition to the 750 megawatts identified in paragraph (1), direct the electrical corporations to collectively procure at least 250 megawatts of cumulative rated generating capacity from developers of bioenergy projects that commence operation on or after June 1, 2013. The commission shall, for each electrical corporation, allocate shares of the additional 250 megawatts based on the ratio of each electrical corporation’s peak demand compared to the total statewide peak demand. In implementing this paragraph, the commission shall do all of the following: (A)Allocate the 250 megawatts identified in this paragraph among the electrical corporations based on the following categories: (i)For biogas from wastewater treatment, municipal organic waste diversion, food processing, and codigestion, 110 megawatts. (ii)For dairy and other agricultural bioenergy, 90 megawatts. (iii)For bioenergy using byproducts of sustainable forest management, 50 megawatts. Allocations under this category shall be determined based on the proportion of bioenergy that sustainable forest management providers derive from sustainable forest management in fire threat treatment areas, as designated by the Department of Forestry and Fire Protection. (B)Direct the electrical corporations to develop standard contract terms and conditions that reflect the operational characteristics of the projects, and to provide a streamlined contracting process. (C)Coordinate, to the maximum extent feasible, any incentive or subsidy programs for bioenergy with the agencies listed in subparagraph (A) of paragraph (3) to provide maximum benefits to ratepayers and to ensure that incentives are used to reduce contract prices. (D)The commission shall encourage gas and electrical corporations to develop and offer programs and services to facilitate development of in-state biogas for a broad range of purposes. (3)(A)The commission, in consultation with the Energy Commission, the State Air Resources Board, the Department of Forestry and Fire Protection, the Department of Food and Agriculture, and the Department of Resources Recycling and Recovery, may review the allocations of the 250 additional megawatts identified in paragraph (2) to determine if those allocations are appropriate. (B)If the commission finds that the allocations of the 250 additional megawatts identified in paragraph (2) are not appropriate, the commission may reallocate the 250 megawatts among the categories established in subparagraph (A) of paragraph (2). (4)For purposes of this subdivision, “bioenergy” means biogas and biomass. (g)The electrical corporation may make the terms of the tariff available to owners and operators of an electric generation facility in the form of a standard contract subject to commission approval. (h)Every kilowatthour of electricity purchased from an electric generation facility shall count toward meeting the electrical corporation’s renewables portfolio standard annual procurement targets for purposes of paragraph (1) of subdivision (b) of Section 399.15. (i)The physical generating capacity of an electric generation facility shall count toward the electrical corporation’s resource adequacy requirement for purposes of Section 380. (j)(1)The commission shall establish performance standards for any electric generation facility that has a capacity greater than one megawatt to ensure that those facilities are constructed, operated, and maintained to generate the expected annual net production of electricity and do not impact system reliability. (2)The commission may reduce the three megawatt capacity limitation of paragraph (1) of subdivision (b) if the commission finds that a reduced capacity limitation is necessary to maintain system reliability within that electrical corporation’s service territory. (k)(1)An owner or operator of an electric generation facility that received ratepayer-funded incentives in accordance with Section 379.6 of this code, or with Section 25782 of the Public Resources Code, and participated in a net metering program pursuant to Sections 2827 and 2827.10 of, and former Section 2827.9 of, this code before January 1, 2010, shall be eligible for a tariff or standard contract filed by an electrical corporation pursuant to this section. (2)In establishing the tariffs or standard contracts pursuant to this section, the commission shall consider ratepayer-funded incentive payments previously received by the generation facility pursuant to Section 379.6 of this code or Section 25782 of the Public Resources Code. The commission shall require reimbursement of any funds received from these incentive programs to an electric generation facility, in order for that facility to be eligible for a tariff or standard contract filed by an electrical corporation pursuant to this section, unless the commission determines ratepayers have received sufficient value from the incentives provided to the facility based on how long the project has been in operation and the amount of renewable electricity previously generated by the facility. (3)A customer that receives service under a tariff or contract approved by the commission pursuant to this section is not eligible to participate in a net metering program. (l)An owner or operator of an electric generation facility electing to receive service under a tariff or contract approved by the commission shall continue to receive service under the tariff or contract until either of the following occurs: (1)The owner or operator of an electric generation facility no longer meets the eligibility requirements for receiving service pursuant to the tariff or contract. (2)The period of service established by the commission pursuant to subdivision (d) is completed. (m)Within 10 days of receipt of a request for a tariff pursuant to this section from an owner or operator of an electric generation facility, the electrical corporation that receives the request shall post a copy of the request on its Internet Web site. The information posted on the Internet Web site shall include the name of the city in which the facility is located, but information that is proprietary and confidential, including, but not limited to, address information beyond the name of the city in which the facility is located, shall be redacted. (n)An electrical corporation may deny a tariff request pursuant to this section if the electrical corporation makes any of the following findings: (1)The electric generation facility does not meet the requirements of this section. (2)The transmission or distribution grid that would serve as the point of interconnection is inadequate. (3)The electric generation facility does not meet all applicable state and local laws and building standards and utility interconnection requirements. (4)The aggregate of all electric generating facilities on a distribution circuit would adversely impact utility operation and load restoration efforts of the distribution system. (o)Upon receiving a notice of denial from an electrical corporation, the owner or operator of the electric generation facility denied a tariff pursuant to this section shall have the right to appeal that decision to the commission. (p)To ensure the safety and reliability of electric generation facilities, the owner of an electric generation facility receiving a tariff pursuant to this section shall provide an inspection and maintenance report to the electrical corporation at least once every other year. The inspection and maintenance report shall be prepared at the owner’s or operator’s expense by a California-licensed contractor who is not the owner or operator of the electric generation facility. A California-licensed electrician shall perform the inspection of the electrical portion of the generation facility. (q)The contract between the electric generation facility receiving the tariff and the electrical corporation shall contain provisions that ensure that construction of the electric generating facility complies with all applicable state and local laws and building standards, and utility interconnection requirements. (r)(1)All construction and installation of facilities of the electrical corporation, including at the point of the output meter or at the transmission or distribution grid, shall be performed only by that electrical corporation. (2)All interconnection facilities installed on the electrical corporation’s side of the transfer point for electricity between the electrical corporation and the electrical conductors of the electric generation facility shall be owned, operated, and maintained only by the electrical corporation. The ownership, installation, operation, reading, and testing of revenue metering equipment for electric generating facilities shall only be performed by the electrical corporation. ### Summary: This bill requires an electrical or gas corporation to require recipients of rebates or incentives from residential or commercial energy efficiency or weatherization programs to install demand response infrastructure on the

The people of the State of California do enact as follows: SECTION 1. Section 1158 of the Evidence Code is amended to read: 1158. (a) For purposes of this section, “medical provider” means physician and surgeon, dentist, registered nurse, dispensing optician, registered physical therapist, podiatrist, licensed psychologist, osteopathic physician and surgeon, chiropractor, clinical laboratory bioanalyst, clinical laboratory tormed by a medical provider, or by an agent thereof, when the requesting attorney has employed a professional photocopier or anyone identified in Section 22451 of the Business and Professions Code as his or her representative to obtain or review the records on his or her behalf. The presentation of the authorization by the agent on behalf of the attorney shall be sufficient proof that the agent is the attorney’s representative. (d) Failure to make the records available during business hours, within five days after the presentation of the written authorization, may subject the medical provider having custody or control of the records to liability for all reasonable expenses, including attorney’s fees, incurred in any proceeding to enforce this section. (e) (1) All reasonable costs incurred by a medical provider in making patient records available pursuant to this section may be charged against the attorney who requested the records. (2) “Reasonable cost,” as used in this section, shall include, but not be limited to, the following specific costs: ten cents ($0.10) per page for standard reproduction of documents of a size 8 1/2 by 14 inches or less; twenty cents ($0.20) per page for copying of documents from microfilm; actual costs for the reproduction of oversize documents or the reproduction of documents requiring special processing which are made in response to an authorization; reasonable clerical costs incurred in locating and making the records available to be billed at the maximum rate of sixteen dollars ($16) per hour per person, computed on the basis of four dollars ($4) per quarter hour or fraction thereof; actual postage charges; and actual costs, if any, charged to the witness by a third person for the retrieval and return of records held by that third person. (f) If the records are delivered to the attorney or the attorney’s representative for inspection or photocopying at the record custodian’s place of business, the only fee for complying with the authorization shall not exceed fifteen dollars ($15), plus actual costs, if any, charged to the record custodian by a third person for retrieval and return of records held offsite by the third person. (g) If the records requested pursuant to subdivision (b) are maintained electronically and if the requesting party requests an electronic copy of such information, the medical provider shall provide the requested medical records in the electronic form and format requested by the requesting party, if it is readily producible in such form and format, or, if not, in a readable form and format as agreed to by the medical provider and the requesting party. (h) A medical provider shall accept a signed and completed authorization form for the disclosure of health information if both of the following conditions are satisfied: (1) The medical provider determines that the form is valid. (2) The form is printed in a typeface no smaller than 14-point type and is in substantially the following form: AUTHORIZATION FOR DISCLOSURE OF HEALTH INFORMATION PURSUANT TO EVIDENCE CODE SECTION 1158 The undersigned authorizes the medical provider designated below to disclose specified medical records to a designated recipient. The medical provider shall not condition treatment, payment, enrollment, or eligibility for benefits on the submission of this authorization. Medical provider: ________________ Patient name: ________________ Medical record number: ________________ Date of birth: ________________ Address: ________________ Telephone number: ________________ Email: ________________ Recipient name: ________________ Recipient address: ________________ Recipient telephone number: ________________ Recipient email: ________________ Health information requested (check all that apply): ___Records dated from ________ to ________. ___Radiology records: ________ images or films ________ reports________digital/CD, if available. ___Laboratory results dated. ___Laboratory results regarding specific test(s) only (specify)________. ___All records. ___Records related to a specific injury, treatment, or other purpose (specify): ________________. Note: records may include information related to mental health, alcohol or drug use, and HIV or AIDS. However, treatment records from mental health and alcohol or drug departments and results of HIV tests will not be disclosed unless specifically requested (check all that apply): ___Mental health records. ___Alcohol or drug records. ___HIV test results. Method of delivery of requested records: ___Mail ___Pick up ___Electronic delivery, recipient email:________________ This authorization is effective for one year from the date of the signature unless a different date is specified here: ________________. This authorization may be revoked upon written request, but any revocation will not apply to information disclosed before receipt of the written request. A copy of this authorization is as valid as the original. The undersigned has the right to receive a copy of this authorization. Notice: Once the requested health information is disclosed, any disclosure of the information by the recipient may no longer be protected under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). Patient signature*: ________________ Date: ________________ Print name: ________________ *If not signed by the patient, please indicate relationship to the patient (check one, if applicable): ___Parent or guardian of minor patient who could not have consented to health care. ___Guardian or conservator of an incompetent patient. ___Beneficiary or personal representative of deceased patient.

Existing law requires certain enumerated medical providers and medical employers to make a patient’s records available for inspection and copying by an attorney, or his or her representative, who presents a written authorization therefor, as specified. This bill would require a medical provider or attorney, as defined, to provide an electronic copy of a medical record that is maintained electronically, upon request. The bill would also require a medical provider to accept a prescribed authorization form once completed and signed by the patient if the medical provider determines that the form is valid.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1158 of the Evidence Code is amended to read: 1158. (a) For purposes of this section, “medical provider” means physician and surgeon, dentist, registered nurse, dispensing optician, registered physical therapist, podiatrist, licensed psychologist, osteopathic physician and surgeon, chiropractor, clinical laboratory bioanalyst, clinical laboratory tormed by a medical provider, or by an agent thereof, when the requesting attorney has employed a professional photocopier or anyone identified in Section 22451 of the Business and Professions Code as his or her representative to obtain or review the records on his or her behalf. The presentation of the authorization by the agent on behalf of the attorney shall be sufficient proof that the agent is the attorney’s representative. (d) Failure to make the records available during business hours, within five days after the presentation of the written authorization, may subject the medical provider having custody or control of the records to liability for all reasonable expenses, including attorney’s fees, incurred in any proceeding to enforce this section. (e) (1) All reasonable costs incurred by a medical provider in making patient records available pursuant to this section may be charged against the attorney who requested the records. (2) “Reasonable cost,” as used in this section, shall include, but not be limited to, the following specific costs: ten cents ($0.10) per page for standard reproduction of documents of a size 8 1/2 by 14 inches or less; twenty cents ($0.20) per page for copying of documents from microfilm; actual costs for the reproduction of oversize documents or the reproduction of documents requiring special processing which are made in response to an authorization; reasonable clerical costs incurred in locating and making the records available to be billed at the maximum rate of sixteen dollars ($16) per hour per person, computed on the basis of four dollars ($4) per quarter hour or fraction thereof; actual postage charges; and actual costs, if any, charged to the witness by a third person for the retrieval and return of records held by that third person. (f) If the records are delivered to the attorney or the attorney’s representative for inspection or photocopying at the record custodian’s place of business, the only fee for complying with the authorization shall not exceed fifteen dollars ($15), plus actual costs, if any, charged to the record custodian by a third person for retrieval and return of records held offsite by the third person. (g) If the records requested pursuant to subdivision (b) are maintained electronically and if the requesting party requests an electronic copy of such information, the medical provider shall provide the requested medical records in the electronic form and format requested by the requesting party, if it is readily producible in such form and format, or, if not, in a readable form and format as agreed to by the medical provider and the requesting party. (h) A medical provider shall accept a signed and completed authorization form for the disclosure of health information if both of the following conditions are satisfied: (1) The medical provider determines that the form is valid. (2) The form is printed in a typeface no smaller than 14-point type and is in substantially the following form: AUTHORIZATION FOR DISCLOSURE OF HEALTH INFORMATION PURSUANT TO EVIDENCE CODE SECTION 1158 The undersigned authorizes the medical provider designated below to disclose specified medical records to a designated recipient. The medical provider shall not condition treatment, payment, enrollment, or eligibility for benefits on the submission of this authorization. Medical provider: ________________ Patient name: ________________ Medical record number: ________________ Date of birth: ________________ Address: ________________ Telephone number: ________________ Email: ________________ Recipient name: ________________ Recipient address: ________________ Recipient telephone number: ________________ Recipient email: ________________ Health information requested (check all that apply): ___Records dated from ________ to ________. ___Radiology records: ________ images or films ________ reports________digital/CD, if available. ___Laboratory results dated. ___Laboratory results regarding specific test(s) only (specify)________. ___All records. ___Records related to a specific injury, treatment, or other purpose (specify): ________________. Note: records may include information related to mental health, alcohol or drug use, and HIV or AIDS. However, treatment records from mental health and alcohol or drug departments and results of HIV tests will not be disclosed unless specifically requested (check all that apply): ___Mental health records. ___Alcohol or drug records. ___HIV test results. Method of delivery of requested records: ___Mail ___Pick up ___Electronic delivery, recipient email:________________ This authorization is effective for one year from the date of the signature unless a different date is specified here: ________________. This authorization may be revoked upon written request, but any revocation will not apply to information disclosed before receipt of the written request. A copy of this authorization is as valid as the original. The undersigned has the right to receive a copy of this authorization. Notice: Once the requested health information is disclosed, any disclosure of the information by the recipient may no longer be protected under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). Patient signature*: ________________ Date: ________________ Print name: ________________ *If not signed by the patient, please indicate relationship to the patient (check one, if applicable): ___Parent or guardian of minor patient who could not have consented to health care. ___Guardian or conservator of an incompetent patient. ___Beneficiary or personal representative of deceased patient. ### 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 35400 of the Vehicle Code is amended to read: 35400. (a) A vehicle may not exceed a length of 40 feet. (b) This section does not apply to any of the following: (1) A vehicle used in a combination of vehicles when the excess length is caused by auxiliary parts, equipment, or machinery not used as space to carry any part of the load, except that the combination of vehicles shall not exceed the length provided for combination vehicles. (2) A vehicle, when the excess length is caused by any parts necessary to comply with the fender and mudguard regulations of this code. (3) (A) An articulated bus or articulated trolley coach that does not exceed a length of 60 feet. (B) An articulated bus or articulated trolley coach described in subparagraph (A) may be equipped with a folding device attached to the front of the bus or trolley if the device is designed and used exclusively for transporting bicycles. The device, including any bicycles transported thereon, shall be mounted in a manner that does not materially affect efficiency or visibility of vehicle safety equipment, and shall not extend more than 36 inches from the front body of the bus or trolley coach when fully deployed. The handlebars of a bicycle that is transported on a device described in this subparagraph shall not extend more than 42 inches from the front of the bus. (4) A semitrailer while being towed by a motortruck or truck tractor, if the distance from the kingpin to the rearmost axle of the semitrailer does not exceed 40 feet for semitrailers having two or more axles, or 38 feet for semitrailers having one axle if the semitrailer does not, exclusive of attachments, extend forward of the rear of the cab of the motortruck or truck tractor. (5) A bus or house car when the excess length is caused by the projection of a front safety bumper or a rear safety bumper, or both. The safety bumper shall not cause the length of the vehicle to exceed the maximum legal limit by more than one foot in the front and one foot in the rear. For the purposes of this chapter, “safety bumper” means any device that is fitted on an existing bumper or which replaces the bumper and is constructed, treated, or manufactured to absorb energy upon impact. (6) A schoolbus, when the excess length is caused by the projection of a crossing control arm. For the purposes of this chapter, “crossing control arm” means an extendable and retractable device fitted to the front of a schoolbus that is designed to impede movement of pupils exiting the schoolbus directly in front of the schoolbus so that pupils are visible to the driver while they are moving in front of the schoolbus. An operator of a schoolbus shall not extend a crossing control arm while the schoolbus is in motion. Except when activated, a crossing control arm shall not cause the maximum length of the schoolbus to be extended by more than 10 inches, inclusive of any front safety bumper. Use of a crossing control arm by the operator of a schoolbus does not, in and of itself, fulfill his or her responsibility to ensure the safety of students crossing a highway or private road pursuant to Section 22112. (7) A bus, when the excess length is caused by a device, located in front of the front axle, for lifting wheelchairs into the bus. That device shall not cause the length of the bus to be extended by more than 18 inches, inclusive of any front safety bumper. (8) A bus, when the excess length is caused by a device attached to the rear of the bus designed and used exclusively for the transporting of bicycles. This device may be up to 10 feet in length, if the device, along with any other device permitted pursuant to this section, does not cause the total length of the bus, including any device or load, to exceed 50 feet. (9) A bus operated by a public agency or a passenger stage corporation, as defined in Section 226 of the Public Utilities Code, used in transit system service, other than a schoolbus, when the excess length is caused by a folding device attached to the front of the bus which is designed and used exclusively for transporting bicycles. The device, including any bicycles transported thereon, shall be mounted in a manner that does not materially affect efficiency or visibility of vehicle safety equipment, and shall not extend more than 40 inches from the front body of the bus when fully deployed. The handlebars of a bicycle that is transported on a device described in this paragraph shall not extend more than 46 inches from the front of the bus. A device described in this paragraph may not be used on a bus that, exclusive of the device, exceeds 40 feet in length or on a bus having a device attached to the rear of the bus pursuant to paragraph (8). (10) (A) A bus of a length of up to 45 feet when operating on those highways specified in subdivision (a) of Section 35401.5. The Department of Transportation or local authorities, with respect to highways under their respective jurisdictions, may not deny reasonable access to a bus of a length of up to 45 feet between the highways specified in subdivision (a) of Section 35401.5 and points of loading and unloading for motor carriers of passengers as required by the federal Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240). (B) A bus operated by a public agency and on those highways specified in subparagraph (A) may be equipped with a folding device attached to the front of the bus that is designed and used exclusively for transporting bicycles. The device, including all bicycles transported thereon, may be mounted in a manner that does not materially affect efficiency or visibility of vehicle safety equipment, and may not extend more than 36 inches from the front body of the bus when fully deployed. The handlebars of a bicycle that is transported on a device described in this subparagraph may not extend more than 42 inches from the front of the bus. The total length of the bus, including the folding device or load, may not exceed 48.5 feet. A Route Review Committee, established under this subparagraph, shall review the routes where a public agency proposes to operate a 45-foot bus equipped with a front-mounted bicycle rack. The Route Review Committee shall be comprised of one member from the public agency appointed by the general manager of the public agency; one member who is a traffic engineer and is employed and selected by the public agency that has jurisdiction over the largest proportional share of routes among all affected agencies; and one member appointed by the labor organization that is the exclusive representative of the bus drivers of the public agency. If there is no exclusive representative of the bus drivers, a bus driver member shall be chosen by a majority vote of the bus drivers employed by the agency. The members of the Route Review Committee shall be selected not more than 30 days after receipt of a public agency proposal to equip a 45-foot bus with a front-mounted bicycle rack. The review shall include a field review of the proposed routes. The purpose of the Route Review Committee is to ensure the safe operation of a 45-foot bus that is equipped with a front-mounted bicycle rack. The Route Review Committee, by a unanimous vote, shall make a determination of which routes are suitable for the safe operation of a 45-foot bus that is equipped with a front-mounted bicycle rack. These determinations shall be consistent with the operating requirements specified in subparagraph (A). It is the intent of the Legislature that the field review required under this subparagraph include consultation with traffic engineers from affected public agencies that have jurisdiction over segments of the route or routes under review, to ensure coordination with all affected state and local public road agencies that may potentially be impacted due to the operation of a 45-foot bus with a front-mounted bicycle rack. (11) (A) A house car of a length of up to 45 feet when operating on the National System of Interstate and Defense Highways or when using those portions of federal aid primary system highways that have been qualified by the United States Secretary of Transportation for that use, or when using routes appropriately identified by the Department of Transportation or local authorities, with respect to highways under their respective jurisdictions. (B) A house car described in subparagraph (A) may be operated on a highway that provides reasonable access to facilities for purposes limited to fuel, food, and lodging when that access is consistent with the safe operation of the vehicle and when the facility is within one road mile of identified points of ingress and egress to or from highways specified in subparagraph (A) for use by that vehicle. (C) As used in this paragraph and paragraph (10), “reasonable access” means access substantially similar to that authorized for combinations of vehicles pursuant to subdivision (c) of Section 35401.5. (D) Any access route established by a local authority pursuant to subdivision (d) of Section 35401.5 is open for access by a house car of a length of up to 45 feet. In addition, local authorities may establish a process whereby access to services by house cars of a length of up to 45 feet may be applied for upon a route not previously established as an access route. The denial of a request for access to services shall be only on the basis of safety and an engineering analysis of the proposed access route. In lieu of processing an access application, local authorities, with respect to highways under their jurisdiction, may provide signing, mapping, or a listing of highways, as necessary, to indicate the use of these specific routes by a house car of a length of up to 45 feet. (c) The Legislature, by increasing the maximum permissible kingpin to rearmost axle distance to 40 feet effective January 1, 1987, as provided in paragraph (4) of subdivision (b), does not intend this action to be considered a precedent for any future increases in truck size and length limitations. (d) Any transit bus equipped with a folding device installed on or after January 1, 1999, that is permitted under subparagraph (B) of paragraph (3) of subdivision (b) or under paragraph (9) of subdivision (b) shall be additionally equipped with any of the following: (1) An indicator light that is visible to the driver and is activated whenever the folding device is in an extended position. (2) Any other device or mechanism that provides notice to the driver that the folding device is in an extended position. (3) A mechanism that causes the folding device to retract automatically from an extended position. (e) (1) A person may not improperly or unsafely mount a bicycle on a device described in subparagraph (B) of paragraph (3) of subdivision (b), or in paragraph (9) or (10) of subdivision (b). (2) Notwithstanding subdivision (a) of Section 23114 or subdivision (a) of Section 24002 or any other provision of law, when a bicycle is improperly or unsafely loaded by a passenger onto a transit bus, the passenger, and not the driver, is liable for any violation of this code that is attributable to the improper or unlawful loading of the bicycle. SECTION 1. Section 37420.5 is added to the Government Code , to read: 37420.5. (a)The City of Montebello may sell all or part of its water utility pursuant to this article as provided in Section 10051.5 of the Public Utilities Code. (b)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date. SEC. 2. Section 10051.5 is added to the Public Utilities Code , to read: 10051.5. (a)Notwithstanding any other provision of this article, the City of Montebello may sell all or part of its water utility property pursuant to Article 3 (commencing with Section 37420) of Chapter 5 of Part 2 of Division 3 of Title 4 of the Government Code, subject and pursuant to the following additional provisions, limitations, and requirements: (1)The governing body of the city shall not sell the water utility property for less than its fair market value determined as set forth in the Public Water System Investment and Consolidation Act of 1997 (Chapter 2.5 (commencing with Section 2718) of Part 2 of Division 1). (2)A majority of the members of the governing body of the city must approve the sale. (3)The entity acquiring the water utility property shall be a public utility, as defined in Section 216, which is presently authorized by the commission to provide water utility service within the corporate limits of the city pursuant to a certificate of public convenience and necessity and the area of the one or more certificates includes or surrounds all or part of the city’s water utility system. (4)As a condition of acquiring the city’s water system, the acquiring public utility shall file a revised service area map with the commission that shows the area formerly served through the city’s water utility system as part of the acquiring public utility’s service area. The acquiring public utility shall submit the map by filing a tier-one advice letter with the commission and, upon this filing, shall be deemed authorized and bound to render public utility water service to all persons in the area formerly served through the city’s water utility system on the same terms, conditions, and rates that the commission has found to be just and reasonable for the acquiring public utility’s other customers in the city. (b)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date. SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances applicable to the City of Montebello. The City Council of the City of Montebello believes it is no longer in the public interest to own and operate all or part of a water utility and desires to sell its water utility. However, the city would be unable to do so in a timely manner because the Legislature has enacted statutes that may conflict with one another and with the City of Montebello’s urgent financial requirements, thereby preventing the City of Montebello from selling and the acquiring public utility from purchasing the water utility without an election and performance of other procedures. In order to clearly state the law with respect to the City of Montebello, a special statute is needed and a general statute cannot be made applicable. 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: The City of Montebello’s water utility infrastructure is aging and is experiencing numerous leaks and equipment failures. The aging and failing water utility infrastructure impairs the safety and reliability of the city’s water utility system, including its ability to provide water for public fire-fighting purposes. The city’s water utility serves only a small fraction of the city’s residents and is losing money despite significant recent rate increases. The city’s budget and general fund cannot make up for that revenue shortfall or the cost of the urgently needed water supply infrastructure upgrades and repairs of its water utility system. The City of Montebello desires to sell all or part of the city-owned water utility to a public utility capable of operating, managing, and upgrading the water system while financial conditions are favorable to the city, however, the Legislature has adopted statutes governing the sale of municipal property which may conflict with each other and the urgent needs of the city. In order to provide the City of Montebello with the clear statutory authority to sell its water utility without an election as soon as possible, it is necessary that this act take effect immediately.

Existing law imposes a 40-foot limitation on the length of vehicles that may be operated on the highways, with specified exemptions. Existing law exempts from this limitation a bus, except a schoolbus, operated by a public agency or a passenger stage corporation, as defined, used in transit system service if the bus is equipped with a folding device attached to the front of the bus that is designed and used exclusively for transporting bicycles, the device does not materially affect efficiency or visibility of vehicle safety equipment, and the length of the bus, exclusive of that device, does not exceed 40 feet in length. In addition, existing law prohibits, among other things, the above-described device from extending more than 40 inches from the front body of the bus when fully deployed. This bill would instead prohibit the above-described device from extending more than 40 inches from the front of the bus. Existing law provides a procedure that is generally applicable for a city to sell its real property. Existing law also establishes specific procedures for the sale of public utility property owned by a municipal corporation with certain provisions applicable to the sale of property of a water utility. This bill would authorize the City of Montebello to sell all or part of its water utility pursuant to the procedures that are generally applicable to a sale of real property by a city, if certain requirements are met. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Montebello. 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 35400 of the Vehicle Code is amended to read: 35400. (a) A vehicle may not exceed a length of 40 feet. (b) This section does not apply to any of the following: (1) A vehicle used in a combination of vehicles when the excess length is caused by auxiliary parts, equipment, or machinery not used as space to carry any part of the load, except that the combination of vehicles shall not exceed the length provided for combination vehicles. (2) A vehicle, when the excess length is caused by any parts necessary to comply with the fender and mudguard regulations of this code. (3) (A) An articulated bus or articulated trolley coach that does not exceed a length of 60 feet. (B) An articulated bus or articulated trolley coach described in subparagraph (A) may be equipped with a folding device attached to the front of the bus or trolley if the device is designed and used exclusively for transporting bicycles. The device, including any bicycles transported thereon, shall be mounted in a manner that does not materially affect efficiency or visibility of vehicle safety equipment, and shall not extend more than 36 inches from the front body of the bus or trolley coach when fully deployed. The handlebars of a bicycle that is transported on a device described in this subparagraph shall not extend more than 42 inches from the front of the bus. (4) A semitrailer while being towed by a motortruck or truck tractor, if the distance from the kingpin to the rearmost axle of the semitrailer does not exceed 40 feet for semitrailers having two or more axles, or 38 feet for semitrailers having one axle if the semitrailer does not, exclusive of attachments, extend forward of the rear of the cab of the motortruck or truck tractor. (5) A bus or house car when the excess length is caused by the projection of a front safety bumper or a rear safety bumper, or both. The safety bumper shall not cause the length of the vehicle to exceed the maximum legal limit by more than one foot in the front and one foot in the rear. For the purposes of this chapter, “safety bumper” means any device that is fitted on an existing bumper or which replaces the bumper and is constructed, treated, or manufactured to absorb energy upon impact. (6) A schoolbus, when the excess length is caused by the projection of a crossing control arm. For the purposes of this chapter, “crossing control arm” means an extendable and retractable device fitted to the front of a schoolbus that is designed to impede movement of pupils exiting the schoolbus directly in front of the schoolbus so that pupils are visible to the driver while they are moving in front of the schoolbus. An operator of a schoolbus shall not extend a crossing control arm while the schoolbus is in motion. Except when activated, a crossing control arm shall not cause the maximum length of the schoolbus to be extended by more than 10 inches, inclusive of any front safety bumper. Use of a crossing control arm by the operator of a schoolbus does not, in and of itself, fulfill his or her responsibility to ensure the safety of students crossing a highway or private road pursuant to Section 22112. (7) A bus, when the excess length is caused by a device, located in front of the front axle, for lifting wheelchairs into the bus. That device shall not cause the length of the bus to be extended by more than 18 inches, inclusive of any front safety bumper. (8) A bus, when the excess length is caused by a device attached to the rear of the bus designed and used exclusively for the transporting of bicycles. This device may be up to 10 feet in length, if the device, along with any other device permitted pursuant to this section, does not cause the total length of the bus, including any device or load, to exceed 50 feet. (9) A bus operated by a public agency or a passenger stage corporation, as defined in Section 226 of the Public Utilities Code, used in transit system service, other than a schoolbus, when the excess length is caused by a folding device attached to the front of the bus which is designed and used exclusively for transporting bicycles. The device, including any bicycles transported thereon, shall be mounted in a manner that does not materially affect efficiency or visibility of vehicle safety equipment, and shall not extend more than 40 inches from the front body of the bus when fully deployed. The handlebars of a bicycle that is transported on a device described in this paragraph shall not extend more than 46 inches from the front of the bus. A device described in this paragraph may not be used on a bus that, exclusive of the device, exceeds 40 feet in length or on a bus having a device attached to the rear of the bus pursuant to paragraph (8). (10) (A) A bus of a length of up to 45 feet when operating on those highways specified in subdivision (a) of Section 35401.5. The Department of Transportation or local authorities, with respect to highways under their respective jurisdictions, may not deny reasonable access to a bus of a length of up to 45 feet between the highways specified in subdivision (a) of Section 35401.5 and points of loading and unloading for motor carriers of passengers as required by the federal Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240). (B) A bus operated by a public agency and on those highways specified in subparagraph (A) may be equipped with a folding device attached to the front of the bus that is designed and used exclusively for transporting bicycles. The device, including all bicycles transported thereon, may be mounted in a manner that does not materially affect efficiency or visibility of vehicle safety equipment, and may not extend more than 36 inches from the front body of the bus when fully deployed. The handlebars of a bicycle that is transported on a device described in this subparagraph may not extend more than 42 inches from the front of the bus. The total length of the bus, including the folding device or load, may not exceed 48.5 feet. A Route Review Committee, established under this subparagraph, shall review the routes where a public agency proposes to operate a 45-foot bus equipped with a front-mounted bicycle rack. The Route Review Committee shall be comprised of one member from the public agency appointed by the general manager of the public agency; one member who is a traffic engineer and is employed and selected by the public agency that has jurisdiction over the largest proportional share of routes among all affected agencies; and one member appointed by the labor organization that is the exclusive representative of the bus drivers of the public agency. If there is no exclusive representative of the bus drivers, a bus driver member shall be chosen by a majority vote of the bus drivers employed by the agency. The members of the Route Review Committee shall be selected not more than 30 days after receipt of a public agency proposal to equip a 45-foot bus with a front-mounted bicycle rack. The review shall include a field review of the proposed routes. The purpose of the Route Review Committee is to ensure the safe operation of a 45-foot bus that is equipped with a front-mounted bicycle rack. The Route Review Committee, by a unanimous vote, shall make a determination of which routes are suitable for the safe operation of a 45-foot bus that is equipped with a front-mounted bicycle rack. These determinations shall be consistent with the operating requirements specified in subparagraph (A). It is the intent of the Legislature that the field review required under this subparagraph include consultation with traffic engineers from affected public agencies that have jurisdiction over segments of the route or routes under review, to ensure coordination with all affected state and local public road agencies that may potentially be impacted due to the operation of a 45-foot bus with a front-mounted bicycle rack. (11) (A) A house car of a length of up to 45 feet when operating on the National System of Interstate and Defense Highways or when using those portions of federal aid primary system highways that have been qualified by the United States Secretary of Transportation for that use, or when using routes appropriately identified by the Department of Transportation or local authorities, with respect to highways under their respective jurisdictions. (B) A house car described in subparagraph (A) may be operated on a highway that provides reasonable access to facilities for purposes limited to fuel, food, and lodging when that access is consistent with the safe operation of the vehicle and when the facility is within one road mile of identified points of ingress and egress to or from highways specified in subparagraph (A) for use by that vehicle. (C) As used in this paragraph and paragraph (10), “reasonable access” means access substantially similar to that authorized for combinations of vehicles pursuant to subdivision (c) of Section 35401.5. (D) Any access route established by a local authority pursuant to subdivision (d) of Section 35401.5 is open for access by a house car of a length of up to 45 feet. In addition, local authorities may establish a process whereby access to services by house cars of a length of up to 45 feet may be applied for upon a route not previously established as an access route. The denial of a request for access to services shall be only on the basis of safety and an engineering analysis of the proposed access route. In lieu of processing an access application, local authorities, with respect to highways under their jurisdiction, may provide signing, mapping, or a listing of highways, as necessary, to indicate the use of these specific routes by a house car of a length of up to 45 feet. (c) The Legislature, by increasing the maximum permissible kingpin to rearmost axle distance to 40 feet effective January 1, 1987, as provided in paragraph (4) of subdivision (b), does not intend this action to be considered a precedent for any future increases in truck size and length limitations. (d) Any transit bus equipped with a folding device installed on or after January 1, 1999, that is permitted under subparagraph (B) of paragraph (3) of subdivision (b) or under paragraph (9) of subdivision (b) shall be additionally equipped with any of the following: (1) An indicator light that is visible to the driver and is activated whenever the folding device is in an extended position. (2) Any other device or mechanism that provides notice to the driver that the folding device is in an extended position. (3) A mechanism that causes the folding device to retract automatically from an extended position. (e) (1) A person may not improperly or unsafely mount a bicycle on a device described in subparagraph (B) of paragraph (3) of subdivision (b), or in paragraph (9) or (10) of subdivision (b). (2) Notwithstanding subdivision (a) of Section 23114 or subdivision (a) of Section 24002 or any other provision of law, when a bicycle is improperly or unsafely loaded by a passenger onto a transit bus, the passenger, and not the driver, is liable for any violation of this code that is attributable to the improper or unlawful loading of the bicycle. SECTION 1. Section 37420.5 is added to the Government Code , to read: 37420.5. (a)The City of Montebello may sell all or part of its water utility pursuant to this article as provided in Section 10051.5 of the Public Utilities Code. (b)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date. SEC. 2. Section 10051.5 is added to the Public Utilities Code , to read: 10051.5. (a)Notwithstanding any other provision of this article, the City of Montebello may sell all or part of its water utility property pursuant to Article 3 (commencing with Section 37420) of Chapter 5 of Part 2 of Division 3 of Title 4 of the Government Code, subject and pursuant to the following additional provisions, limitations, and requirements: (1)The governing body of the city shall not sell the water utility property for less than its fair market value determined as set forth in the Public Water System Investment and Consolidation Act of 1997 (Chapter 2.5 (commencing with Section 2718) of Part 2 of Division 1). (2)A majority of the members of the governing body of the city must approve the sale. (3)The entity acquiring the water utility property shall be a public utility, as defined in Section 216, which is presently authorized by the commission to provide water utility service within the corporate limits of the city pursuant to a certificate of public convenience and necessity and the area of the one or more certificates includes or surrounds all or part of the city’s water utility system. (4)As a condition of acquiring the city’s water system, the acquiring public utility shall file a revised service area map with the commission that shows the area formerly served through the city’s water utility system as part of the acquiring public utility’s service area. The acquiring public utility shall submit the map by filing a tier-one advice letter with the commission and, upon this filing, shall be deemed authorized and bound to render public utility water service to all persons in the area formerly served through the city’s water utility system on the same terms, conditions, and rates that the commission has found to be just and reasonable for the acquiring public utility’s other customers in the city. (b)This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date. SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances applicable to the City of Montebello. The City Council of the City of Montebello believes it is no longer in the public interest to own and operate all or part of a water utility and desires to sell its water utility. However, the city would be unable to do so in a timely manner because the Legislature has enacted statutes that may conflict with one another and with the City of Montebello’s urgent financial requirements, thereby preventing the City of Montebello from selling and the acquiring public utility from purchasing the water utility without an election and performance of other procedures. In order to clearly state the law with respect to the City of Montebello, a special statute is needed and a general statute cannot be made applicable. 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: The City of Montebello’s water utility infrastructure is aging and is experiencing numerous leaks and equipment failures. The aging and failing water utility infrastructure impairs the safety and reliability of the city’s water utility system, including its ability to provide water for public fire-fighting purposes. The city’s water utility serves only a small fraction of the city’s residents and is losing money despite significant recent rate increases. The city’s budget and general fund cannot make up for that revenue shortfall or the cost of the urgently needed water supply infrastructure upgrades and repairs of its water utility system. The City of Montebello desires to sell all or part of the city-owned water utility to a public utility capable of operating, managing, and upgrading the water system while financial conditions are favorable to the city, however, the Legislature has adopted statutes governing the sale of municipal property which may conflict with each other and the urgent needs of the city. In order to provide the City of Montebello with the clear statutory authority to sell its water utility without an election as soon as possible, 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 1938 of the Civil Code is amended to read: 1938. (a) A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after January 1, 2016, whether or not the subject premises have undergone inspection by a Certified Access Specialist (CASp). (b) If the subject premises have undergone inspection by a CASp and, to the best of the commercial property owner’s or lessor’s knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of the lease or rental agreement which have impacted the subject premises’ compliance with construction-related accessibility standards, the commercial property owner or lessor shall provide, prior to execution of the lease or rental agreement, a copy of any report prepared by the CASp with an agreement from the prospective lessee or tenant that information in the report shall remain confidential, except as necessary for the tenant to complete repairs and corrections of violations of construction-related accessibility standards that the lessee or tenant agrees to make. (c) If the subject premises have been issued an inspection report by a CASp, as described in paragraph (1) of subdivision (a) of Section 55.53, indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of 55.52, the commercial property owner or lessor shall provide a copy of the current disability access inspection certificate and any inspection report to the lessee or tenant not already provided pursuant to subdivision (b) within seven days of the date of the execution of the lease form or rental agreement. (d) If the subject premises have not been issued a disability access inspection certificate, as described in subdivision (e) of Section 55.53, the commercial property owner or lessor shall state the following on the lease form or rental agreement: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, at the lessee’s or tenant’s expense, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection.” SEC. 2. Section 4459.8 of the Government Code is amended to read: 4459.8. (a) The certification authorized by Section 4459.5 is effective for three years from the date of initial certification and expires if not renewed. The State Architect, upon consideration of any factual complaints regarding the work of a certified access specialist or of other relevant information, may suspend certification or deny renewal of certification. (b) (1) The State Architect shall require each applicant for certification as a certified access specialist to do both of the following: (A) Pay fees, including an application and course fee and an examination fee, at a level sufficient to meet the costs of application processing, registration, publishing a list, and other activities that are reasonably necessary to implement and administer the certified access specialist program. (B) Provide to the State Architect the name of the city, county, or city and county in which the applicant intends to provide services. (2) The State Architect shall require each applicant for renewal of certification to do both of the following: (A) Pay a fee sufficient to cover the reasonable costs of reassessing qualifications of renewal applicants. (B) Provide to the State Architect the name of the city, county, or city and county in which the applicant has provided services since the last day of certification by the State Architect. (3) The State Architect shall periodically review his or her schedule of fees to ensure that the fees for certification are not excessive while covering the costs to administer the certified access specialist program. The application fee for a California licensed architect, landscape architect, civil engineer, or structural engineer shall not exceed two hundred fifty dollars ($250). (c) All fees collected pursuant to this section shall be deposited into the Certified Access Specialist Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340, this fund is continuously appropriated without regard to fiscal years for use by the State Architect to implement Sections 4459.5 to 4459.8, inclusive. (d) The State Architect shall post on his or her Internet Web site the name of the city, county, or city and county in which each certified access specialist provides or intends to provide services. SEC. 3. Section 8299.06 of the Government Code is amended to read: 8299.06. (a) A priority of the commission shall be the development and dissemination of educational materials and information to promote and facilitate disability access compliance. (b) The commission shall work with other state agencies, including the Division of the State Architect and the Department of Rehabilitation, to develop educational materials and information for use by businesses to understand their obligations to provide disability access and to facilitate compliance with construction-related accessibility standards. (c) The commission shall develop and make available on its Internet Web site, or make available on its Internet Web site if developed by another governmental agency, including Americans with Disabilities Act centers, toolkits or educational modules to assist a California business to understand its obligations under the law and to facilitate compliance with respect to the top 10 alleged construction-related violations, by type, as specified in subdivision (a) of Section 8299.08. Upon completion of this requirement, the commission shall develop and make available on its Internet Web site, or work with another agency to develop, other toolkits or educational modules that would educate businesses of the accessibility requirements and to facilitate compliance with that requirement. (d) The commission shall post the following on its Internet Web site: (1) Educational materials and information that will assist building owners, tenants, building officials, and building inspectors to understand the disability accessibility requirements and to facilitate compliance with disability access laws. The commission shall at least annually review the educational materials and information on disability access requirements and compliance available on the Internet Web sites of other local, state, or federal agencies, including Americans with Disabilities Act centers, to augment the educational materials and information developed by the commission. (2) A link to the Internet Web site of the Division of the State Architect’s Certified Access Specialist (CASp) Program to assist building owners and tenants in locating or hiring a CASp. (e) The commission shall, to the extent feasible, coordinate with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete, and make its educational materials and information available to those agencies and departments. (f) The commission shall establish a permanent legislative outreach coordinator position and a permanent educational outreach coordinator position. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

(1) Existing law requires the State Architect to establish and publicize a program for the voluntary certification by the state of any person who meets specified criteria as a Certified Access Specialist (CASp). Existing law requires each applicant for CASp certification or renewal to pay certain fees, and requires the State Architect to periodically review those fees, as specified. Existing law provides for the deposit of those fees into the Certified Access Specialist Fund, which is continuously appropriated for use by the State Architect to implement the CASp program. This bill would require applicants for CASp certification or renewal to additionally provide to the State Architect the name of the city, county, or city and county in which the applicant intends to provide or has provided services, and would require the State Architect to post that information on his or her Internet Web site. (2) Existing law requires a commercial property owner or lessor to state on every lease form or rental agreement executed on or after July 1, 2013, whether the property has been determined by a CASp to meet all applicable construction-related accessibility standards. This bill, for every lease form or rental agreement executed on or after January 1, 2016, would require the commercial property owner or lessor to provide the lessee or tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, as specified, or would require a statement on the form or agreement that, upon request of the lessee or tenant, the property owner may not prohibit a CASp inspection of the subject premises at the lessee’s or tenant’s expense and that the parties must mutually agree on the arrangements for the time and manner of the inspection. (3) Existing law establishes the California Commission on Disability Access for purposes of developing recommendations to enable persons with disabilities to exercise their right to full and equal access to public facilities and facilitating business compliance with applicable state and federal laws and regulations. Existing law sets forth the powers and duties of the commission, including, but not limited to, developing educational materials and information for businesses, building owners, tenants, and building officials, posting that information on the commission’s Internet Web site, and coordinating with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete. Existing law provides that those provisions shall not remain operative unless funds are appropriated for those purposes. This bill would additionally require the commission to provide a link on its Internet Web site to the Internet Web site of the Division of the State Architect’s CASp certification program and to make the commission’s educational materials and information available to other state agencies and local building departments. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1938 of the Civil Code is amended to read: 1938. (a) A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after January 1, 2016, whether or not the subject premises have undergone inspection by a Certified Access Specialist (CASp). (b) If the subject premises have undergone inspection by a CASp and, to the best of the commercial property owner’s or lessor’s knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of the lease or rental agreement which have impacted the subject premises’ compliance with construction-related accessibility standards, the commercial property owner or lessor shall provide, prior to execution of the lease or rental agreement, a copy of any report prepared by the CASp with an agreement from the prospective lessee or tenant that information in the report shall remain confidential, except as necessary for the tenant to complete repairs and corrections of violations of construction-related accessibility standards that the lessee or tenant agrees to make. (c) If the subject premises have been issued an inspection report by a CASp, as described in paragraph (1) of subdivision (a) of Section 55.53, indicating that it meets applicable standards, as defined in paragraph (4) of subdivision (a) of 55.52, the commercial property owner or lessor shall provide a copy of the current disability access inspection certificate and any inspection report to the lessee or tenant not already provided pursuant to subdivision (b) within seven days of the date of the execution of the lease form or rental agreement. (d) If the subject premises have not been issued a disability access inspection certificate, as described in subdivision (e) of Section 55.53, the commercial property owner or lessor shall state the following on the lease form or rental agreement: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, at the lessee’s or tenant’s expense, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection.” SEC. 2. Section 4459.8 of the Government Code is amended to read: 4459.8. (a) The certification authorized by Section 4459.5 is effective for three years from the date of initial certification and expires if not renewed. The State Architect, upon consideration of any factual complaints regarding the work of a certified access specialist or of other relevant information, may suspend certification or deny renewal of certification. (b) (1) The State Architect shall require each applicant for certification as a certified access specialist to do both of the following: (A) Pay fees, including an application and course fee and an examination fee, at a level sufficient to meet the costs of application processing, registration, publishing a list, and other activities that are reasonably necessary to implement and administer the certified access specialist program. (B) Provide to the State Architect the name of the city, county, or city and county in which the applicant intends to provide services. (2) The State Architect shall require each applicant for renewal of certification to do both of the following: (A) Pay a fee sufficient to cover the reasonable costs of reassessing qualifications of renewal applicants. (B) Provide to the State Architect the name of the city, county, or city and county in which the applicant has provided services since the last day of certification by the State Architect. (3) The State Architect shall periodically review his or her schedule of fees to ensure that the fees for certification are not excessive while covering the costs to administer the certified access specialist program. The application fee for a California licensed architect, landscape architect, civil engineer, or structural engineer shall not exceed two hundred fifty dollars ($250). (c) All fees collected pursuant to this section shall be deposited into the Certified Access Specialist Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340, this fund is continuously appropriated without regard to fiscal years for use by the State Architect to implement Sections 4459.5 to 4459.8, inclusive. (d) The State Architect shall post on his or her Internet Web site the name of the city, county, or city and county in which each certified access specialist provides or intends to provide services. SEC. 3. Section 8299.06 of the Government Code is amended to read: 8299.06. (a) A priority of the commission shall be the development and dissemination of educational materials and information to promote and facilitate disability access compliance. (b) The commission shall work with other state agencies, including the Division of the State Architect and the Department of Rehabilitation, to develop educational materials and information for use by businesses to understand their obligations to provide disability access and to facilitate compliance with construction-related accessibility standards. (c) The commission shall develop and make available on its Internet Web site, or make available on its Internet Web site if developed by another governmental agency, including Americans with Disabilities Act centers, toolkits or educational modules to assist a California business to understand its obligations under the law and to facilitate compliance with respect to the top 10 alleged construction-related violations, by type, as specified in subdivision (a) of Section 8299.08. Upon completion of this requirement, the commission shall develop and make available on its Internet Web site, or work with another agency to develop, other toolkits or educational modules that would educate businesses of the accessibility requirements and to facilitate compliance with that requirement. (d) The commission shall post the following on its Internet Web site: (1) Educational materials and information that will assist building owners, tenants, building officials, and building inspectors to understand the disability accessibility requirements and to facilitate compliance with disability access laws. The commission shall at least annually review the educational materials and information on disability access requirements and compliance available on the Internet Web sites of other local, state, or federal agencies, including Americans with Disabilities Act centers, to augment the educational materials and information developed by the commission. (2) A link to the Internet Web site of the Division of the State Architect’s Certified Access Specialist (CASp) Program to assist building owners and tenants in locating or hiring a CASp. (e) The commission shall, to the extent feasible, coordinate with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete, and make its educational materials and information available to those agencies and departments. (f) The commission shall establish a permanent legislative outreach coordinator position and a permanent educational outreach coordinator position. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. ### 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 1016.2 is added to the Penal Code, to read: 1016.2. The Legislature finds and declares all of the following: (a) In Padilla v. Kentucky, 559 U.S. 356 (2010), the United States Supreme Court held that the Sixth Amendment requires defense counsel to provide affirmative and competent advice to noncitizen defendants regarding the potential immigration consequences of their criminal cases. California courts also have held that defense counsel must investigate and advise regarding the immigration consequences of the available dispositions, and should, when consistent with the goals of and informed consent of the defendant, and as consistent with professional standards, defend against adverse immigration consequences (People v. Soriano, 194 Cal.App.3d 1470 (1987), People v. Barocio, 216 Cal.App.3d 99 (1989), People v. Bautista, 115 Cal.App.4th 229 (2004)). (b) In Padilla v. Kentucky, the United States Supreme Court sanctioned the consideration of immigration consequences by both parties in the plea negotiating process. The court stated that “informed consideration of possible deportation can only benefit both the State and noncitizen defendants during the plea-bargaining process. By bringing deportation consequences into this process, the defense and prosecution may well be able to reach agreements that better satisfy the interests of both parties.” (c) In Padilla v. Kentucky, the United States Supreme Court found that for noncitizens, deportation is an integral part of the penalty imposed for criminal convictions. Deportation may result from serious offenses or a single minor offense. It may be by far the most serious penalty flowing from the conviction. (d) With an accurate understanding of immigration consequences, many noncitizen defendants are able to plead to a conviction and sentence that satisfy the prosecution and court, but that have no, or fewer, adverse immigration consequences than the original charge. (e) Defendants who are misadvised or not advised at all of the immigration consequences of criminal charges often suffer irreparable damage to their current or potential lawful immigration status, resulting in penalties such as mandatory detention, deportation, and permanent separation from close family. In some cases, these consequences could have been avoided had counsel provided informed advice and attempted to defend against such consequences. (f) Once in removal proceedings, a noncitizen may be transferred to any of over 200 immigration detention facilities across the country. Many criminal offenses trigger mandatory detention, so that the person may not request bond. In immigration proceedings, there is no court-appointed right to counsel and as a result, the majority of detained immigrants go unrepresented. Immigration judges often lack the power to consider whether the person should remain in the United States in light of equitable factors such as serious hardship to United States citizen family members, length of time living in the United States, or rehabilitation. (g) The immigration consequences of criminal convictions have a particularly strong impact in California. One out of every four persons living in the state is foreign-born. One out of every two children lives in a household headed by at least one foreign-born person. The majority of these children are United States citizens. It is estimated that 50,000 parents of California United States citizen children were deported in a little over two years. Once a person is deported, especially after a criminal conviction, it is extremely unlikely that he or she ever is permitted to return. (h) It is the intent of the Legislature to codify Padilla v. Kentucky and related California case law and to encourage the growth of such case law in furtherance of justice and the findings and declarations of this section. SEC. 2. Section 1016.3 is added to the Penal Code, to read: 1016.3. (a) Defense counsel shall provide accurate and affirmative advice about the immigration consequences of a proposed disposition, and when consistent with the goals of and with the informed consent of the defendant, and consistent with professional standards, defend against those consequences. (b) The prosecution, in the interests of justice, and in furtherance of the findings and declarations of Section 1016.2, shall consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution. (c) This code section shall not be interpreted to change the requirements of Section 1016.5, including the requirement that no defendant shall be required to disclose his or her immigration status to the court. 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 court in a noncapital case, if the defendant appears for arraignment without counsel, to inform the defendant that it is his or her right to have counsel before being arraigned and to ask the defendant if he or she desires the assistance of counsel. If the defendant desires and is unable to employ counsel, the court is required to assign counsel to defend him or her as provided. Existing law requires courts, prior to acceptance of a plea of guilty or nolo contendere by a defendant, to inform the defendant that a conviction of the offense charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. This bill would require defense counsel to provide accurate and affirmative advice about the immigration consequences of a proposed disposition, and when consistent with the goals of and with the informed consent of the defendant, and with professional standards, defend against those consequences. The bill would require the prosecution, in the interests of justice, to consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution. By requiring an increased level of service, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 1016.2 is added to the Penal Code, to read: 1016.2. The Legislature finds and declares all of the following: (a) In Padilla v. Kentucky, 559 U.S. 356 (2010), the United States Supreme Court held that the Sixth Amendment requires defense counsel to provide affirmative and competent advice to noncitizen defendants regarding the potential immigration consequences of their criminal cases. California courts also have held that defense counsel must investigate and advise regarding the immigration consequences of the available dispositions, and should, when consistent with the goals of and informed consent of the defendant, and as consistent with professional standards, defend against adverse immigration consequences (People v. Soriano, 194 Cal.App.3d 1470 (1987), People v. Barocio, 216 Cal.App.3d 99 (1989), People v. Bautista, 115 Cal.App.4th 229 (2004)). (b) In Padilla v. Kentucky, the United States Supreme Court sanctioned the consideration of immigration consequences by both parties in the plea negotiating process. The court stated that “informed consideration of possible deportation can only benefit both the State and noncitizen defendants during the plea-bargaining process. By bringing deportation consequences into this process, the defense and prosecution may well be able to reach agreements that better satisfy the interests of both parties.” (c) In Padilla v. Kentucky, the United States Supreme Court found that for noncitizens, deportation is an integral part of the penalty imposed for criminal convictions. Deportation may result from serious offenses or a single minor offense. It may be by far the most serious penalty flowing from the conviction. (d) With an accurate understanding of immigration consequences, many noncitizen defendants are able to plead to a conviction and sentence that satisfy the prosecution and court, but that have no, or fewer, adverse immigration consequences than the original charge. (e) Defendants who are misadvised or not advised at all of the immigration consequences of criminal charges often suffer irreparable damage to their current or potential lawful immigration status, resulting in penalties such as mandatory detention, deportation, and permanent separation from close family. In some cases, these consequences could have been avoided had counsel provided informed advice and attempted to defend against such consequences. (f) Once in removal proceedings, a noncitizen may be transferred to any of over 200 immigration detention facilities across the country. Many criminal offenses trigger mandatory detention, so that the person may not request bond. In immigration proceedings, there is no court-appointed right to counsel and as a result, the majority of detained immigrants go unrepresented. Immigration judges often lack the power to consider whether the person should remain in the United States in light of equitable factors such as serious hardship to United States citizen family members, length of time living in the United States, or rehabilitation. (g) The immigration consequences of criminal convictions have a particularly strong impact in California. One out of every four persons living in the state is foreign-born. One out of every two children lives in a household headed by at least one foreign-born person. The majority of these children are United States citizens. It is estimated that 50,000 parents of California United States citizen children were deported in a little over two years. Once a person is deported, especially after a criminal conviction, it is extremely unlikely that he or she ever is permitted to return. (h) It is the intent of the Legislature to codify Padilla v. Kentucky and related California case law and to encourage the growth of such case law in furtherance of justice and the findings and declarations of this section. SEC. 2. Section 1016.3 is added to the Penal Code, to read: 1016.3. (a) Defense counsel shall provide accurate and affirmative advice about the immigration consequences of a proposed disposition, and when consistent with the goals of and with the informed consent of the defendant, and consistent with professional standards, defend against those consequences. (b) The prosecution, in the interests of justice, and in furtherance of the findings and declarations of Section 1016.2, shall consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution. (c) This code section shall not be interpreted to change the requirements of Section 1016.5, including the requirement that no defendant shall be required to disclose his or her immigration status to the court. 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 codifies the United States Supreme Court’s holding in Padilla v. Kentucky, 559 U.S. 356 (2

The people of the State of California do enact as follows: SECTION 1. Section 53094 of the Government Code is amended to read: 53094. (a) Notwithstanding any other provision of this article, this article does not require a school district or county office of education to comply with the zoning ordinances of a county or city unless both of the following have occurred: (1) The zoning ordinance makes provision for the location of public schools. (2) The city or county has adopted a general plan. (b) Notwithstanding subdivision (a), the governing board of a school district or county office of education, that has complied with the requirements of Section 65352.2 of this code and Section 21151.2 of the Public Resources Code, by a vote of two-thirds of its members, may render a city or county zoning ordinance inapplicable to a proposed use of property by the school district or county office of education. The governing board of the school district or county office of education may not take this action when the proposed use of the property by the school district or county office of education is for nonclassroom facilities, including, but not limited to, warehouses, administrative buildings, and automotive storage and repair buildings. (c) The governing board of the school district or county office of education shall, within 10 days, notify the city or county concerned of any action taken pursuant to subdivision (b). If the governing board has taken this action, the city or county may commence an action in the superior court of the county whose zoning ordinance is involved or in which is situated the city whose zoning ordinance is involved, seeking a review of the action of the governing board of the school district or county office of education to determine whether it was arbitrary and capricious. The city or county shall cause a copy of the complaint to be served on the board. If the court determines that the action was arbitrary and capricious, it shall declare it to be of no force and effect, and the zoning ordinance in question shall be applicable to the use of the property by the school district or county office of education. SEC. 2. Section 53097.3 of the Government Code is repealed. SEC. 3. Section 53097.3 is added to the Government Code, to read: 53097.3. (a) Notwithstanding any other provision of this article, a school district or county office of education shall not render a city or county ordinance inapplicable to a charter school facility pursuant to this article, unless the facility is physically located within the geographical jurisdiction of that school district or county office of education. (b) When a charter school facility is physically located within the geographic jurisdiction of a school district or county office of education , the charter school may make a written request for this school district or county office of education to render a city or county zoning ordinance inapplicable to a proposed use of the facility by the charter school only to the same extent to which the a school district may render the zoning ordinance inapplicable to a use of property by the school district pursuant to Section 53094. The notice of inapplicability of a zoning ordinance to a charter school facility shall not exempt a charter school facility that is otherwise subject to compliance with the California Building Standards Code pursuant to subdivision (d) of Section 47610 of the Education Code from compliance with that provision. Along with the written request, a school district or county office of education may require the charter school to provide the school district with any or all of the following: (1) The address of the charter school facility or documentary evidence that the charter school facility is located within the geographic jurisdiction of the school district or county office of education . (2) A deed, purchase agreement, lease, or similar contractual document to establish that the charter school has control over the charter school facility. (3) Payment of a reasonable fee not to exceed five hundred dollars ($500) to process the written request. (c) (1) If the requirements of subdivision (b) are met, the school district or county office of education shall, within 60 days of receiving the written request and, if required, other items described in subdivision (b), place the request for notice of zoning inapplicability on the agenda of a public meeting of its governing board, and if so approved by the board, notify the city or county concerned in writing that the school district or county board has rendered a city or county ordinance inapplicable to a charter school facility that is physically located within the geographical jurisdiction of the school district or county office of education . (2) The governing board of the school district or county office of education shall approve the request for notice of zoning inapplicability unless the governing board of the school district or county office of education, in a public meeting, adopts written findings specific to the proposed site that the issuance of a notice of zoning inapplicability will result in the placement of a school facility in a location that will endanger the health and safety of the students of the charter school. (d) (1) If a charter school requests that a school district issue a notice of zoning inapplicability on behalf of the charter school, and the school district does not provide the notice of inapplicability within 60 days pursuant to subdivision (c) and the charter school facility is physically located within the geographic jurisdiction of a county office of education, the charter school may subsequently request this county office of education to provide the notice of inapplicability to the city or county concerned , under the same process and standard as described in subdivision (c) . If, after receiving this request, (2) If the county office of education does not provide the notice of inapplicability within 60 days of receiving an original request from a charter school, or within 30 days of the receiving a request that was first submitted to a school district , the charter school may file an appeal with the State Board of Education. Notwithstanding (3) Notwithstanding any other provision of law, upon receipt of the appeal, the State Board of Education , within 120 days of receiving the written request shall place the request for notice of zoning inapplicability on the agenda of a public meeting of its governing board, and if approved by the boards, shall notify the city or county concerned of the inapplicability of the city or county ordinance to the charter school facility. facility, under the same process and standards as required of the school district and county office of education as described in subdivision (c). (e) A charter school that makes a written request to render a city or county zoning ordinance inapplicable to the proposed use of a facility shall not be required to make any warranties, except that the facility will be used for classrooms and is in the jurisdiction of the school district or county office of education or provide indemnification, bonds, insurance coverage, or any other type of financial assurance as a condition for rendering an ordinance inapplicable to a charter school facility. 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 authorizes the governing board of a school district, by a 2/3 vote of its members, to render a city or county zoning ordinance inapplicable to a proposed use of school district property, except when the proposed use is for nonclassroom facilities. This bill would extend this authorization to the governing board of a county office of education. (2) Existing law prohibits a school district from rendering a city or county ordinance inapplicable to a charter school facility, unless the charter school facility is physically located within the geographic jurisdiction of the school district. This bill would also prohibit a county office of education from rendering a city or county ordinance inapplicable to a charter school facility, unless the charter school is physically located within the geographic jurisdiction of the county office of education. The bill would authorize, when a charter school facility is physically located within the geographic jurisdiction of a school district or county office of education , a charter school to make a written request for this school district or county office of education to render a city or county zoning ordinance inapplicable to a proposed use of the facility by the charter school, as specified. The bill would authorize the school district or county office of education to require specified documentation and payment of a reasonable fee along with this request. The bill would require the school district or county office of education to notify the city or county concerned that the school district or county office of education has taken this action. The bill would authorize the charter school to request a county office of education to provide the notice if the school district does not within a specified time period. The bill would also authorize the charter school, if the county office of education does not provide the notice within a specified time period, to file an appeal with the State Board of Education, which would be required to notify the city or county concerned of the inapplicability of the city or county ordinance to the charter school facility. By increasing the duties of local officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

<bos> ### Instruction: Summary this text ### Text: The people of the State of California do enact as follows: SECTION 1. Section 53094 of the Government Code is amended to read: 53094. (a) Notwithstanding any other provision of this article, this article does not require a school district or county office of education to comply with the zoning ordinances of a county or city unless both of the following have occurred: (1) The zoning ordinance makes provision for the location of public schools. (2) The city or county has adopted a general plan. (b) Notwithstanding subdivision (a), the governing board of a school district or county office of education, that has complied with the requirements of Section 65352.2 of this code and Section 21151.2 of the Public Resources Code, by a vote of two-thirds of its members, may render a city or county zoning ordinance inapplicable to a proposed use of property by the school district or county office of education. The governing board of the school district or county office of education may not take this action when the proposed use of the property by the school district or county office of education is for nonclassroom facilities, including, but not limited to, warehouses, administrative buildings, and automotive storage and repair buildings. (c) The governing board of the school district or county office of education shall, within 10 days, notify the city or county concerned of any action taken pursuant to subdivision (b). If the governing board has taken this action, the city or county may commence an action in the superior court of the county whose zoning ordinance is involved or in which is situated the city whose zoning ordinance is involved, seeking a review of the action of the governing board of the school district or county office of education to determine whether it was arbitrary and capricious. The city or county shall cause a copy of the complaint to be served on the board. If the court determines that the action was arbitrary and capricious, it shall declare it to be of no force and effect, and the zoning ordinance in question shall be applicable to the use of the property by the school district or county office of education. SEC. 2. Section 53097.3 of the Government Code is repealed. SEC. 3. Section 53097.3 is added to the Government Code, to read: 53097.3. (a) Notwithstanding any other provision of this article, a school district or county office of education shall not render a city or county ordinance inapplicable to a charter school facility pursuant to this article, unless the facility is physically located within the geographical jurisdiction of that school district or county office of education. (b) When a charter school facility is physically located within the geographic jurisdiction of a school district or county office of education , the charter school may make a written request for this school district or county office of education to render a city or county zoning ordinance inapplicable to a proposed use of the facility by the charter school only to the same extent to which the a school district may render the zoning ordinance inapplicable to a use of property by the school district pursuant to Section 53094. The notice of inapplicability of a zoning ordinance to a charter school facility shall not exempt a charter school facility that is otherwise subject to compliance with the California Building Standards Code pursuant to subdivision (d) of Section 47610 of the Education Code from compliance with that provision. Along with the written request, a school district or county office of education may require the charter school to provide the school district with any or all of the following: (1) The address of the charter school facility or documentary evidence that the charter school facility is located within the geographic jurisdiction of the school district or county office of education . (2) A deed, purchase agreement, lease, or similar contractual document to establish that the charter school has control over the charter school facility. (3) Payment of a reasonable fee not to exceed five hundred dollars ($500) to process the written request. (c) (1) If the requirements of subdivision (b) are met, the school district or county office of education shall, within 60 days of receiving the written request and, if required, other items described in subdivision (b), place the request for notice of zoning inapplicability on the agenda of a public meeting of its governing board, and if so approved by the board, notify the city or county concerned in writing that the school district or county board has rendered a city or county ordinance inapplicable to a charter school facility that is physically located within the geographical jurisdiction of the school district or county office of education . (2) The governing board of the school district or county office of education shall approve the request for notice of zoning inapplicability unless the governing board of the school district or county office of education, in a public meeting, adopts written findings specific to the proposed site that the issuance of a notice of zoning inapplicability will result in the placement of a school facility in a location that will endanger the health and safety of the students of the charter school. (d) (1) If a charter school requests that a school district issue a notice of zoning inapplicability on behalf of the charter school, and the school district does not provide the notice of inapplicability within 60 days pursuant to subdivision (c) and the charter school facility is physically located within the geographic jurisdiction of a county office of education, the charter school may subsequently request this county office of education to provide the notice of inapplicability to the city or county concerned , under the same process and standard as described in subdivision (c) . If, after receiving this request, (2) If the county office of education does not provide the notice of inapplicability within 60 days of receiving an original request from a charter school, or within 30 days of the receiving a request that was first submitted to a school district , the charter school may file an appeal with the State Board of Education. Notwithstanding (3) Notwithstanding any other provision of law, upon receipt of the appeal, the State Board of Education , within 120 days of receiving the written request shall place the request for notice of zoning inapplicability on the agenda of a public meeting of its governing board, and if approved by the boards, shall notify the city or county concerned of the inapplicability of the city or county ordinance to the charter school facility. facility, under the same process and standards as required of the school district and county office of education as described in subdivision (c). (e) A charter school that makes a written request to render a city or county zoning ordinance inapplicable to the proposed use of a facility shall not be required to make any warranties, except that the facility will be used for classrooms and is in the jurisdiction of the school district or county office of education or provide indemnification, bonds, insurance coverage, or any other type of financial assurance as a condition for rendering an ordinance inapplicable to a charter school facility. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. ### Summary: <bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos><bos>

The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) For millennia, fire has shaped and renewed the ecosystems of California’s forestlands. Some of these fires were naturally ignited by lightning, but fire was also an important tool for Native Americans. (b) For more than a century, states and the federal government have focused on fire suppression. This has resulted in unnaturally high fuel accumulations. Forests that may have normally hosted 50 to 60 trees per acre can now average 350 trees per acre or more. These forest conditions, often combined with prolonged periods of drought, substantially increase the risk of catastrophic wildfire and complicate response efforts. (c) Historically, fire regimes were frequent, as often as every 3 to 10 years, but burned with far less intensity. Unlike modern catastrophic wildfires, historic forest fires largely burned surface fuels and scattered small groups of trees. In contrast, today’s forest fires often devastate wide swaths of forest, threaten and damage buildings and life, destroy habitat, kill wildlife, and cause severe erosion. (d) California is expected to see more large fires in the future, which will result in increased greenhouse gas emissions. Some studies suggest that forest-fire-related greenhouse gas emissions could increase by more than 50 percent in the next 70 years. (e) The 2013 Rim Fire burned over 250,000 acres over 69 days and caused hundreds of millions of dollars in economic and environmental damage; destroyed significant habitat for a number of California’s rarest animals; and demanded more than $125 million in firefighting costs. It is estimated that the Rim Fire released over 11 million metric tons of greenhouse gases, which is equivalent to the annual emissions of 2.3 million cars. Experts have attributed the fire’s exponential growth to a century’s worth of fuel left behind due to historical fire suppression policies. (f) The 2007 Angora Fire resulted in roughly 143,000 tons of greenhouse gas emissions, or approximately 46.2 tons per acre. Studies indicate that those emissions could have been lowered to 12 tons per acre if the tree density was reduced from approximately 273 trees per acre to the natural 60 trees per acre level. (g) To avoid these greenhouse gas emissions, we must focus our efforts on reducing the risk and intensity of catastrophic wildfires. SEC. 2. Section 38552 is added to the Health and Safety Code, to read: 38552. (a) No later than January 1, 2017, the state board, in consultation with the Department of Forestry and Fire Protection, shall estimate the annual greenhouse gas emissions associated with wildfires in California between the years 1990 and 2015, inclusive. To ensure the most accurate determination feasible, the state board shall evaluate the best available information on greenhouse gas emissions associated with wildfires. (b) No later than January 1, 2017, the state board shall develop an emissions baseline for wildfires by calculating the average of the annual greenhouse gas emissions associated with wildfires between the years 1990 and 2015, inclusive. (c) No later than July 1, 2017, and every year thereafter, the state board and the Department of Forestry and Fire Protection shall annually approximate the greenhouse gas emissions associated with wildfires during the prior calendar year. (d) In performing the requirements pursuant to this section, the state board and the Department of Forestry and Fire Protection shall consider and separately quantify emissions associated with fires originating on federally managed lands and evaluate whether those emissions were exacerbated by management activities utilized on those lands. SEC. 3. Section 39719 of the Health and Safety Code is amended to read: 39719. (a) The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712. (b) To carry out a portion of the requirements of subdivision (a), annual proceeds are continuously appropriated for the following: (1) Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of annual proceeds are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as following: (A) Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code. (B) Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. Funds Moneys shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code. (C) Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual proceeds, proceeds shall be expended for affordable housing, consistent with the provisions of that program. (2) Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code: (A) Acquisition and construction costs of the project. (B) Environmental review and design costs of the project. (C) Other capital costs of the project. (D) Repayment of any loans made to the authority to fund the project. (3) Beginning with the 2016–17 fiscal year and notwithstanding Section 13340 of the Government Code, one hundred million dollars ($100,000,000) is hereby continuously appropriated to the Department of Forestry and Fire Protection from the fund, for the purposes of reducing greenhouse gas emissions by preventing the incidence and reducing the intensity of catastrophic wildfires, by any of the following methods: (A) Vegetation management and brush clearance. (B) Biomass energy incentives. (C) Incentives for private actions to reduce the risk or intensity of wildfires or improve the resiliency of those lands. (D) Reforestation of lands that have previously been burned in a catastrophic wildfire. (c) In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the funds moneys subject to Section 39719.1 shall not be included. SEC. 4. Chapter 7.5 (commencing with Section 4495) is added to Part 2 of Division 4 of the Public Resources Code, to read: CHAPTER 7.5. Wildfires and Greenhouse Gas Emissions 4495. (a) No later than July 1, 2017, the department shall, after one or more public workshops, with public notice, and an opportunity for all interested parties to comment, develop and begin implementation of strategies to reduce by 2035 the preceding five-year average of greenhouse gas emissions associated with wildfires by 20 percent below the greenhouse gas emissions baseline established pursuant to subdivision (b) of Section 38552 of the Health and Safety Code. (b) The strategies developed and implemented pursuant to subdivision (a) may include, but are not limited to, any of the following: (1) Vegetation management and brush clearance. (2) Biomass energy incentives. (3) Incentives for private actions to reduce the risk or intensity of wildfires or improve the resiliency of those lands. (4) Reforestation of lands that have previously been burned in a catastrophic wildfire. (5) Agreements between the federal government and the department to undertake identified strategies.

Existing law requires the Department of Forestry and Fire Protection to implement various fire prevention programs in the state and to provide fire suppression service in the event of wildfires in forest resources and timberlands. 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 adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. This bill would require the state board, in consultation with the department, no later than January 1, 2017, to estimate the annual greenhouse gas emissions associated with wildfires in California between the years 1990 and 2015, inclusive. The bill would require the state board to develop, no later than January 1, 2017, an emissions baseline for wildfires by calculating the average of the annual greenhouse gas emissions associated with wildfires between the years 1990 and 2015, inclusive. The bill would require the state board and the department to annually approximate, no later than July 1, 2017, and every year thereafter, the greenhouse gas emissions associated with wildfires during the prior calendar year. This bill, beginning with the 2016–17 fiscal year, would continuously appropriate $100,000,000 to the department from the Greenhouse Gas Reduction Fund for specified activities that have the purpose of reducing greenhouse gas emissions by preventing the incidence of and reducing the intensity of catastrophic wildfires. This bill would require the department, no later than July 1, 2017, after one or more specified public workshops, to develop and begin implementation of strategies to reduce by 2035 the preceding 5-year average of greenhouse gas emissions associated with wildfires by 20 percent below the greenhouse gas emissions baseline described above.

<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) For millennia, fire has shaped and renewed the ecosystems of California’s forestlands. Some of these fires were naturally ignited by lightning, but fire was also an important tool for Native Americans. (b) For more than a century, states and the federal government have focused on fire suppression. This has resulted in unnaturally high fuel accumulations. Forests that may have normally hosted 50 to 60 trees per acre can now average 350 trees per acre or more. These forest conditions, often combined with prolonged periods of drought, substantially increase the risk of catastrophic wildfire and complicate response efforts. (c) Historically, fire regimes were frequent, as often as every 3 to 10 years, but burned with far less intensity. Unlike modern catastrophic wildfires, historic forest fires largely burned surface fuels and scattered small groups of trees. In contrast, today’s forest fires often devastate wide swaths of forest, threaten and damage buildings and life, destroy habitat, kill wildlife, and cause severe erosion. (d) California is expected to see more large fires in the future, which will result in increased greenhouse gas emissions. Some studies suggest that forest-fire-related greenhouse gas emissions could increase by more than 50 percent in the next 70 years. (e) The 2013 Rim Fire burned over 250,000 acres over 69 days and caused hundreds of millions of dollars in economic and environmental damage; destroyed significant habitat for a number of California’s rarest animals; and demanded more than $125 million in firefighting costs. It is estimated that the Rim Fire released over 11 million metric tons of greenhouse gases, which is equivalent to the annual emissions of 2.3 million cars. Experts have attributed the fire’s exponential growth to a century’s worth of fuel left behind due to historical fire suppression policies. (f) The 2007 Angora Fire resulted in roughly 143,000 tons of greenhouse gas emissions, or approximately 46.2 tons per acre. Studies indicate that those emissions could have been lowered to 12 tons per acre if the tree density was reduced from approximately 273 trees per acre to the natural 60 trees per acre level. (g) To avoid these greenhouse gas emissions, we must focus our efforts on reducing the risk and intensity of catastrophic wildfires. SEC. 2. Section 38552 is added to the Health and Safety Code, to read: 38552. (a) No later than January 1, 2017, the state board, in consultation with the Department of Forestry and Fire Protection, shall estimate the annual greenhouse gas emissions associated with wildfires in California between the years 1990 and 2015, inclusive. To ensure the most accurate determination feasible, the state board shall evaluate the best available information on greenhouse gas emissions associated with wildfires. (b) No later than January 1, 2017, the state board shall develop an emissions baseline for wildfires by calculating the average of the annual greenhouse gas emissions associated with wildfires between the years 1990 and 2015, inclusive. (c) No later than July 1, 2017, and every year thereafter, the state board and the Department of Forestry and Fire Protection shall annually approximate the greenhouse gas emissions associated with wildfires during the prior calendar year. (d) In performing the requirements pursuant to this section, the state board and the Department of Forestry and Fire Protection shall consider and separately quantify emissions associated with fires originating on federally managed lands and evaluate whether those emissions were exacerbated by management activities utilized on those lands. SEC. 3. Section 39719 of the Health and Safety Code is amended to read: 39719. (a) The Legislature shall appropriate the annual proceeds of the fund for the purpose of reducing greenhouse gas emissions in this state in accordance with the requirements of Section 39712. (b) To carry out a portion of the requirements of subdivision (a), annual proceeds are continuously appropriated for the following: (1) Beginning in the 2015–16 fiscal year, and notwithstanding Section 13340 of the Government Code, 35 percent of annual proceeds are continuously appropriated, without regard to fiscal years, for transit, affordable housing, and sustainable communities programs as following: (A) Ten percent of the annual proceeds of the fund is hereby continuously appropriated to the Transportation Agency for the Transit and Intercity Rail Capital Program created by Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code. (B) Five percent of the annual proceeds of the fund is hereby continuously appropriated to the Low Carbon Transit Operations Program created by Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. Funds Moneys shall be allocated by the Controller, according to requirements of the program, and pursuant to the distribution formula in subdivision (b) or (c) of Section 99312 of, and Sections 99313 and 99314 of, the Public Utilities Code. (C) Twenty percent of the annual proceeds of the fund is hereby continuously appropriated to the Strategic Growth Council for the Affordable Housing and Sustainable Communities Program created by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code. Of the amount appropriated in this subparagraph, no less than 10 percent of the annual proceeds, proceeds shall be expended for affordable housing, consistent with the provisions of that program. (2) Beginning in the 2015–16 fiscal year, notwithstanding Section 13340 of the Government Code, 25 percent of the annual proceeds of the fund is hereby continuously appropriated to the High-Speed Rail Authority for the following components of the initial operating segment and Phase I Blended System as described in the 2012 business plan adopted pursuant to Section 185033 of the Public Utilities Code: (A) Acquisition and construction costs of the project. (B) Environmental review and design costs of the project. (C) Other capital costs of the project. (D) Repayment of any loans made to the authority to fund the project. (3) Beginning with the 2016–17 fiscal year and notwithstanding Section 13340 of the Government Code, one hundred million dollars ($100,000,000) is hereby continuously appropriated to the Department of Forestry and Fire Protection from the fund, for the purposes of reducing greenhouse gas emissions by preventing the incidence and reducing the intensity of catastrophic wildfires, by any of the following methods: (A) Vegetation management and brush clearance. (B) Biomass energy incentives. (C) Incentives for private actions to reduce the risk or intensity of wildfires or improve the resiliency of those lands. (D) Reforestation of lands that have previously been burned in a catastrophic wildfire. (c) In determining the amount of annual proceeds of the fund for purposes of the calculation in subdivision (b), the funds moneys subject to Section 39719.1 shall not be included. SEC. 4. Chapter 7.5 (commencing with Section 4495) is added to Part 2 of Division 4 of the Public Resources Code, to read: CHAPTER 7.5. Wildfires and Greenhouse Gas Emissions 4495. (a) No later than July 1, 2017, the department shall, after one or more public workshops, with public notice, and an opportunity for all interested parties to comment, develop and begin implementation of strategies to reduce by 2035 the preceding five-year average of greenhouse gas emissions associated with wildfires by 20 percent below the greenhouse gas emissions baseline established pursuant to subdivision (b) of Section 38552 of the Health and Safety Code. (b) The strategies developed and implemented pursuant to subdivision (a) may include, but are not limited to, any of the following: (1) Vegetation management and brush clearance. (2) Biomass energy incentives. (3) Incentives for private actions to reduce the risk or intensity of wildfires or improve the resiliency of those lands. (4) Reforestation of lands that have previously been burned in a catastrophic wildfire. (5) Agreements between the federal government and the department to undertake identified strategies. ### Summary: This bill would require the state board to estimate the annual greenhouse gas emissions associated with wildfires in California between the years 1990 and 201