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<ns0:Id>20250SB__143399INT</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-03-05</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Committee on Judiciary (Senators Umberg (Chair), Allen, Ashby, Caballero, Durazo, Laird, Niello, Reyes, Stern, Valladares, Wahab, Weber Pierson, and Wiener)</ns0:AuthorText>
<ns0:Authors>
<ns0:Committee>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Committee on Judiciary</ns0:Name>
<ns0:Members>Senators Umberg (Chair), Allen, Ashby, Caballero, Durazo, Laird, Niello, Reyes, Stern, Valladares, Wahab, Weber Pierson, and Wiener</ns0:Members>
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<ns0:Title> An act to amend Sections 733, 2242.2, 2553.5, 3046.1, 4073.5, 4602, 4610, 4826.5, 4858, 6126.7, 16608, and 17810 of the Business and Professions Code, to amend Sections 714.6, 798.14, 798.74.4, 1714.27, 3273.29, 4752, and 8811 of the Civil Code, to amend Sections 697.680 and 1094.9 of the Code of Civil Procedure, to amend Sections 234.7, 35221, 38134, 44043.5, 46392, 49001, 51140, 69436, 70022, 70034, and 88821 of the Education Code, to amend Sections 6915, 12304, and 12309 of the Elections Code, to amend Section 5654 of the Fish and Game Code, to amend Section 21283 of the Food and Agricultural Code, to amend Sections 1031.5, 6215, 6588.7, 8010, 8557, 10233, 10240, 11041, 11123.2, 12100.33, 12100.162, 12910, 12960, 12965, 15475.6, 19829.9854, 53398.52, 54953.4, 54953.8, 54953.8.1, 54954.2, 54957.9, 63049.71, 65589.5, 65914.2, 65950, 66300.6.5, 66323, 67784, 67786, 67788, and 87202 of, and to repeal the heading of Chapter 17.45
(commencing with Section 7289) of Division 7 of Title 1 of, the Government Code, to amend Section 676 of the Harbors and Navigation Code, to amend Sections 1279.6, 1342.74, 1367.25, 1597.640, 8028.73, 17021.8, 17970.3, 38532, 38562, 38562.3, 38591.2, 40100.5.5, 41313, 44501, 44515, 44559.14, 50406.4, 50410, 53545.14, 104660, 104661, and 108980 of the Health and Safety Code, to amend Sections 937, 10123.1933, and 10123.196 of the Insurance Code, to amend Sections 923.1, 1401, and 2810.8 of the Labor Code, to amend Section 59 of the Military and Veterans Code, to amend Sections 136.1, 636.6, 1170, 2780.6, 11105.04, and 13667 of the Penal Code, to amend Sections 4291.5, 4584.1, 4584.2, 5006.1, 5598, 5797.4, 21080.28.5, 21080.43, 21080.44, 25354, 25545, 25545.16, 25545.19, 30166, 30168, 30600.5, and 42652.5 of the Public Resources Code, to amend Sections 748.5, 850, 3299.2, 3310, 8501, and 180305 of, to amend the heading of Chapter 10 (commencing with Section 8500) of Division 4.1 of, and to repeal the heading
of Article 7 of Chapter 3 of Division 1.5 of, the Public Utilities Code, to amend Sections 17053.40, 19002, and 23640 of the Revenue and Taxation Code, to amend Sections 21201 and 21450.5 of the Vehicle Code, to amend Sections 351, 50976, 60385, 60414, 74467, and 74850 of the Water Code, to amend Sections 309, 827, 9630, 10213.5, 11330.6, 13300.5, 14005.62, 14005.27, 14105.47, 14132.968, 16000.1, 16121.5, and 18900 of, and to repeal Section 12306.16 of, the Welfare and Institutions Code, and to amend Section 3 of Chapter 578 of the Statutes of 2025, relating to maintenance of the codes. </ns0:Title>
<ns0:RelatingClause>maintenance of the codes</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Maintenance of the codes.</ns0:Subject>
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<ns0:DigestText>
<html:p>Existing law directs the Legislative Counsel to advise the Legislature from time to time as to legislation necessary to maintain the codes.</html:p>
<html:p>This bill would make nonsubstantive changes in various provisions of the law to effectuate the recommendations made by the Legislative Counsel to the Legislature.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_7637B4E6-A21A-40C1-A7F4-691D9D717240">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 733 of the
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is amended to read:
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<ns0:Num>733.</ns0:Num>
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(a)
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A licentiate shall not obstruct a patient in obtaining a prescription drug or device that has been legally prescribed or ordered for that patient. A violation of this section constitutes unprofessional conduct by the licentiate and shall subject the licentiate to disciplinary or administrative action by their licensing agency.
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(b)
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Notwithstanding any other law, a licentiate shall dispense drugs and devices, as described in subdivision (a) of Section 4024, pursuant to a lawful order or prescription unless one of the following circumstances exists:
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<html:p>
(1)
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Based solely on the licentiate’s professional training and judgment, dispensing pursuant to the order or the prescription is contrary to law, or the
licentiate determines that the prescribed drug or device would cause a harmful drug interaction or would otherwise adversely affect the patient’s medical condition.
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<html:p>
(2)
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The prescription drug or device is not in stock. If an order, other than an order described in Section 4019, or prescription cannot be dispensed because the drug or device is not in stock, the licentiate shall take one of the following actions:
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<html:p>
(A)
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Immediately notify the patient and arrange for the drug or device to be delivered to the site or directly to the patient in a timely manner.
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(B)
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Promptly transfer the prescription to another pharmacy known to stock the prescription drug or device that is near enough to the site from which the prescription or order is transferred, to ensure the patient has timely access to the drug or device.
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<html:p>
(C)
<html:span class="EnSpace"/>
Return the prescription to the patient and refer the patient. The licentiate shall make a reasonable effort to refer the patient to a pharmacy that stocks the prescription drug or device that is near enough to the referring site to ensure that the patient has timely access to the drug or device.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The licentiate refuses on ethical, moral, or religious grounds to dispense a drug or device pursuant to an order or prescription. A licentiate may decline to dispense a prescription drug or device on this basis only if the licentiate has previously notified their employer, in writing, of the drug or class of drugs to which the licentiate objects, and the licentiate’s employer can, without creating undue hardship, provide a reasonable accommodation of the licentiate’s objection. The licentiate’s employer shall establish protocols that ensure that the patient has timely access to the
prescribed drug or device despite the licentiate’s refusal to dispense the prescription or order. For purposes of this section, “reasonable accommodation” and “undue hardship” shall have the same meaning as applied to those terms pursuant to subdivision (l) of Section 12940 of the Government Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For the purposes of this section, “prescription drug or device” has the same meaning as the definition in Section 4022.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section applies to emergency contraception drug therapy, over-the-counter contraceptives, and self-administered prescription-only hormonal contraceptives described in Section 4052.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This
section imposes no duty on a licentiate to dispense a drug or device pursuant to a prescription or order without payment for the drug or device, including payment directly by the patient or through a third-party payer accepted by the licentiate or payment of any required copayment by the patient.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The notice to consumers required by Section 4122 shall include a statement that describes patients’ rights relative to the requirements of this section.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 2242.2 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Num>2242.2.</ns0:Num>
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<html:p>Notwithstanding any other law, a physician and surgeon, a nurse practitioner acting within the scope of Section 2837.103 or 2837.104, a registered nurse acting in accordance with Section 2725.2, a certified nurse-midwife acting within the scope of Section 2746.51, a nurse practitioner acting within the scope of Section 2836.1, a physician assistant acting within the scope of Section 3502.1, and a pharmacist acting within the scope of Section 4052 may use a self-screening tool that will identify patient risk factors for the use of self-administered hormonal contraceptives by a patient, and, after an appropriate prior examination, prescribe, furnish, or
dispense, as applicable, self-administered hormonal contraceptives to the patient. Blood pressure, weight, height, and patient health history may be self-reported using the self-screening tool that identifies patient risk factors.</html:p>
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 2553.5 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_F3679B8D-1D07-4D67-BC4A-57C8FA113DDF">
<ns0:Num>2553.5.</ns0:Num>
<ns0:LawSectionVersion id="id_30CDA56B-39A7-4820-A1C2-32CEDE62776C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A registered spectacle lens dispenser may fit and adjust spectacle lenses and frames or take facial measurements in any of the following locations:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A health facility as defined in Section 1250 of the Health and Safety Code for a person admitted to that facility or an employee of that facility.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A business location as defined in subdivision (e) for an employee or independent contractor of the person operating the business at that location.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any certified place of business pursuant to Section 2564.93.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A registered spectacle lens dispenser who fits and
adjusts spectacle lenses at a health facility or business location shall provide to the patient written information disclosing the registrant’s regular business address, certificate of registration number, phone number, and the name and phone number of the person designated by the licensee to receive complaints and inquiries, as specified in Section 2552.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall not be deemed to permit a registered contact lens dispenser to fit or adjust contact lenses at a health facility or at a business location, as defined in
subdivision (e).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A registered spectacle lens dispenser may fit and adjust spectacle lenses at a health facility or at a business location, as defined in subdivision (e), only if the dispenser is in personal attendance at a certified place of business pursuant to Section 2564.93 at least 40 percent of the dispenser’s regular working hours each week.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Business location” means the place at which any business employs more than 25 persons at any single business address, but shall not include a health facility, as defined in Section 1250 of the Health and Safety Code, or a certified place of business as specified in Section 2564.93.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section
does not affect the requirements regarding fitting and adjusting as set forth in Sections 2559.1 and 2560.
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<ns0:Num>SEC. 4.</ns0:Num>
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Section 3046.1 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_E06AC6EA-EA5C-453B-BF09-6EAE9AE734D5">
<ns0:Num>3046.1.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
The board shall issue a temporary license to practice optometry to a person who applies for and is eligible for licensure pursuant to Section 3046, but who is unable to immediately take the Part III - Patient Encounters and Performance Skills Examination developed by the National Board of Examiners in Optometry (NBEO), required for licensure under this chapter, due to the state of emergency, proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic. In addition to Section 3046, the person shall also satisfy all of the following conditions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The person has never been previously licensed to practice optometry in any state in the United States.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The person pays to the
board the applicable fee of one hundred dollars ($100), or a fee in an amount as determined by the board, not to exceed the reasonable cost of administering this section and submits an application to be a temporary licensee, as described in subdivision (j), to the board.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The person has received approval from their accredited school of optometry that the person meets the educational requirements to practice optometry.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The person satisfies all other conditions to licensure established by this chapter.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A person holding a temporary license shall be subject to the same rights and restrictions that are afforded to a person holding a valid, unrevoked California optometrist license, except as set forth in this section. For the purposes of this chapter, “temporary licensee” means a person holding a temporary
license pursuant to this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A temporary licensee shall practice under the direct supervision of a supervising optometrist. For the purposes of this chapter, “supervising optometrist” means a California licensed optometrist that has been licensed for a minimum of five years and has been certified for the treatment of glaucoma, pursuant to subdivision (c) of Section 3041, and submits an application to be a supervising optometrist, as described in subdivision (k), to the board. A licensed physician practicing ophthalmology may also supervise a temporary licensee and shall be subject to all of the same reporting requirements as set forth in this section.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding any
other law, a temporary licensee may perform services as authorized by this chapter if both of the following requirements are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The temporary licensee renders the services under the direct supervision of a supervising optometrist who is not subject to a disciplinary condition imposed by the board prohibiting that supervision or prohibiting the employment of a temporary licensee.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The supervising optometrist is legally and professionally responsible for the actions of the temporary licensee.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For the purposes of this chapter, “direct supervision” means that a supervising optometrist oversees the activities of, and accepts responsibility for, the services rendered by a temporary licensee. Direct supervision, as defined in this subdivision, requires that the supervising optometrist be physically present and
immediately available in the facility or office in which the optometric services are being provided when the temporary licensee is with a patient.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The supervising optometrist shall have a formal written procedure in place by which patients are informed that an optometrist with a temporary license will be performing the services. Additionally, the patient shall be informed that the supervising optometrist will be supervising the temporary licensee and the supervising optometrist will be identified to the patient. The temporary licensee shall note in the medical record the patient’s consent to this process prior to performing services authorized by this chapter.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
During the timeframe in which the temporary licensee holds a temporary license, the temporary licensee shall not open their own optometric office or place of practice.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The temporary license shall expire either upon the date that the temporary licensee completes all of the requirements for licensure or six months after the date the state of emergency, proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic has ended, pursuant to Section 8629 of the Government Code, whichever occurs first.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The supervising optometrist shall submit in writing to the board any violations of this chapter committed by the temporary licensee within 14 days of becoming aware of the violation.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
A person requesting to be a temporary licensee shall apply to the board pursuant to an application that shall be in substantially the following form, and may include any other information the board deems appropriate to safeguard the public from substandard optometric care, fraud, or
other violation of this chapter:
</html:p>
<html:p>“Application for Temporary License</html:p>
<html:p>Pursuant to Section 3046.1 of the Business and Professions Code, the board shall issue a temporary license to practice optometry to any person who applies for and is eligible for licensure pursuant to Section 3046 of the Business and Professions Code, but who is unable to immediately take the Part III - Patient Encounters and Performance Skills Examination developed by the National Board of Examiners in Optometry (NBEO), required for licensure under this chapter, due to the state of emergency, proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic. If eligible, you must also meet and maintain the following requirements to be a temporary licensee:</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Never been previously licensed to practice optometry in any state in the United States; and
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Receive confirmation via transcript or other correspondence from your accredited school of optometry that you meet the educational requirements to practice optometry.
</html:p>
<html:p>To apply to be a temporary licensee, provide documentation for item (2) above with your application. All documentation must be provided, or the application will be rejected.</html:p>
<html:table>
<html:tbody>
<html:tr>
<html:td>
<html:p>
First, Middle, and Last Name:
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>
Address (City, State, Zip Code):
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>
Phone Number:
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>
Email Address:
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>
Social Security or ITIN number:
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>
Date of Birth:
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>
Name of School of
Optometry:
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>
Address of School of Optometry (City, State, Zip Code, Country):
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>
Date Degree Conferred:
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>
Name and License Number of Supervising Optometrist:
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>
Date you completed the CLRE:
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>Regulations require the submission of fingerprints prior to issuance of the temporary license. Due to a change in the regulations, fingerprints are now checked by the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI). Live Scan is required for California residents and a Manual Fingerprint Card is required for non-California residents.</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>I declare under penalty of perjury under the laws of the State of California that the information provided on this form and the attached documents or other requested
proof of completion is true and accurate. I understand and agree that any misstatements of material facts may be cause for denial of the Application for Temporary License and disciplinary action by the State Board of Optometry.</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>
Applicant Signature:
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>
Date:
<html:span class="UnderlinedLeaders"/>
”
</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(k)
<html:span class="EnSpace"/>
A person requesting to be a supervising optometrist shall apply to the board pursuant to an application that shall be in substantially the following form, and may include any other information the board deems appropriate to safeguard the public from substandard optometric care, fraud, or other violation of this chapter:
</html:p>
<html:p>“Application to be a Supervising Optometrist</html:p>
<html:p>Pursuant to Section 3046.1 of the Business and Professions Code, an individual may act as supervising
optometrist to a temporary licensee, as defined in that section, if they meet the following conditions:</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Has been licensed for a minimum of five years; and
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Has been certified for the treatment of glaucoma pursuant to subdivision (c) of Section 3041.
</html:p>
<html:p>To apply to be a supervising optometrist, provide documentation for items (1) and (2) above with your application. All documentation must be provided, or the application will be rejected.</html:p>
<html:table>
<html:tbody>
<html:tr>
<html:td>
<html:p>
First, Middle, and Last Name:
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>
Address of Record:
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>
Phone Number:
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>
Email Address:
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>
License Number:
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>Name of temporary licensee whom you will be</html:p>
<html:p>
supervising:
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>1. I declare under penalty of perjury under the laws of the State of California that the information provided on this form and the attached documents or other requested proof of completion is true and accurate. I understand and agree that any misstatements of material facts may be cause for denial of the application to be a Supervising Optometrist and disciplinary action by the State Board of Optometry.</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>AND</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>2. I declare under penalty of perjury under the laws of the State of California that I will comply with all duties as a supervising optometrist set forth in Section 3046.1
of the Business and Professions Code, and that pursuant to that section, I am legally and professionally responsible for the actions of the temporary licensee which may result in action being taken against my license in cases of temporary licensee misconduct.</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>
Applicant Signature:
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p>
Date:
<html:span class="UnderlinedLeaders"/>
”
</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(l)
<html:span class="EnSpace"/>
The board is not required to adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to carry out this section.
</html:p>
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<ns0:Num>SEC. 5.</ns0:Num>
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Section 4073.5 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_384FD54D-A703-4C2B-9CEE-F6F11B6A55C7">
<ns0:Num>4073.5.</ns0:Num>
<ns0:LawSectionVersion id="id_62CDD0A9-7894-4BE4-BF86-BAA7B61FEFE0">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A pharmacist filling a prescription order for a prescribed biological product may select an alternative biological product only if all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The alternative biological product is interchangeable.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The prescriber does not personally indicate “Do not substitute,” or words of similar meaning, in the manner provided in subdivision (d).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Within five days following the dispensing of a biological product, a dispensing pharmacist or the pharmacists’ designee shall make an entry of the specific biological product provided to the patient, including the name of the biological product and the manufacturer. The communication
shall be conveyed by making an entry that can be electronically accessed by the prescriber through one or more of the following electronic records systems:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An interoperable electronic medical records system.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An electronic prescribing technology.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A pharmacy benefit management system.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A pharmacy record.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Entry into an electronic records system as described in subdivision (b) is presumed to provide notice to the prescriber.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the pharmacy does not have access to one or more of the entry systems in subdivision (b), the pharmacist or the pharmacist’s designee shall communicate the name of the biological
product dispensed to the prescriber using facsimile, telephone, electronic transmission, or other prevailing means, except that communication shall not be required in this instance to the prescriber when either of the following apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
There is no interchangeable biological product approved by the federal Food and Drug Administration for the product prescribed.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A refill prescription is not changed from the product dispensed on the prior filling of the prescription.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
In no case shall a selection be made pursuant to this section if the prescriber personally indicates, either orally or in his or her own handwriting, “Do not substitute,” or words of similar meaning.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
This subdivision shall not prohibit a prescriber from checking a box on a
prescription marked “Do not substitute,” provided that the prescriber personally initials the box or checkmark.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To indicate that a selection shall not be made pursuant to this section for an electronic data transmission prescription, as defined in subdivision (c) of Section 4040, a prescriber may indicate “Do not substitute,” or words of similar meaning, in the prescription as transmitted by electronic data, or may check a box marked on the prescription “Do not substitute.” In either instance, it shall not be required that the prohibition on substitution be manually initialed by the prescriber.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Selection pursuant to this section is within the discretion of the pharmacist, except as provided in subdivision (e). A pharmacist who selects an alternative biological product to be dispensed pursuant to this section shall assume the same responsibility for substituting the
biological product as would be incurred in filling a prescription for a biological product prescribed by name. There shall be no liability on the prescriber for an act or omission by a pharmacist in selecting, preparing, or dispensing a biological product pursuant to this section. In no case shall the pharmacist select a biological product that meets the requirements of subdivision (a) unless the cost to the patient of the biological product selected is the same or less than the cost of the prescribed biological product. Cost, as used in this subdivision, includes any professional fee that may be charged by the pharmacist.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall apply to all prescriptions, including those presented by or on behalf of persons receiving assistance from the federal government or pursuant to the Medi-Cal Act set forth in Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
When a selection is made pursuant to this section, the substitution of a biological product shall be communicated to the patient.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The board shall maintain on its public Internet Web site a link to the current list, if available, of biological products determined by the federal Food and Drug Administration to be interchangeable.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
For purposes of this section, the following terms shall have the following meanings:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Biological product” has the same meaning that applies to that term under Section 351 of the federal Public Health Service Act (42 U.S.C. Sec. 262(i)).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Interchangeable” means a biological product that the federal Food and Drug Administration has determined meets
the standards set forth in Section 262(k)(4) of Title 42 of the United States Code, or has been deemed therapeutically equivalent by the federal Food and Drug Administration as set forth in the latest addition or supplement of the Approved Drug Products with Therapeutic Equivalence Evaluations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Prescription,” with respect to a biological product, means a prescription for a product that is subject to Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 353(b)).
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
This section does not prohibit the administration of immunizations, as permitted in
Section 4052.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
This section does not prohibit a disability insurer or health care service plan from requiring prior authorization or imposing other appropriate utilization controls in approving coverage for any biological product.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_D4B2407C-FED9-46C2-81F7-C6DA025197B9">
<ns0:Num>SEC. 6.</ns0:Num>
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Section 4602 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_9C95E842-947E-4B59-A4F2-DF6F4FCC594C">
<ns0:Num>4602.</ns0:Num>
<ns0:LawSectionVersion id="id_5C8DE7E7-BCAB-408E-BBF3-91DDD3831B8E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The California Massage Therapy Council, as described in subdivision (d) of Section 4601, is hereby established and shall carry out the responsibilities and duties set forth in this chapter.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The council may take any reasonable actions necessary to carry out the responsibilities and duties set forth in this chapter, including, but not limited to, hiring staff, entering into contracts, and developing policies, procedures, rules, and bylaws to implement this chapter.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding any other law, the total annual salary for any individual employed or contracted by the council shall not exceed the annual salary provided pursuant to Section 11550 of the Government Code during that fiscal year.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The council may require background checks for all employees, contractors, volunteers, and board members as a condition of their employment, formation of a contractual relationship, or participation in council activities.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The council shall issue a certificate to an individual applicant who satisfies the requirements of this chapter for that certificate.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The council is authorized to determine whether the information provided to the council in relation to the certification of an applicant is true and correct and meets the requirements of this chapter. If the council
has any reason to question whether the information provided is true or correct, or meets the requirements of this chapter, the council is authorized to make any investigation it deems necessary to establish that the information received is accurate and satisfies any criteria established by this chapter. The applicant has the burden to prove that they are entitled to certification.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The council shall be governed by a board of directors composed of 13 members who shall be chosen in the following manner:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
One member shall be a representative of the League of California Cities, unless that entity chooses not to exercise this right to appoint.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
One member shall be a representative of the California Police Chiefs Association, unless that entity chooses not to exercise this right to appoint.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
One member shall be a representative of the California State Association of Counties, unless that entity chooses not to exercise this right to appoint.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
One member shall be a representative of an “anti-human trafficking” organization to be determined by the council. This organization shall appoint one member, unless the organization chooses not to exercise this right to appoint.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
One member shall be a member of the public appointed by the Director of the Department of Consumer Affairs, unless the director chooses not to exercise this right to appoint.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
One member who represents an approved massage school shall be appointed by the California Association of Private Postsecondary Schools, unless that entity chooses not to exercise this right to
appoint.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
One member shall be appointed by the American Massage Therapy Association, California Chapter, who shall be a California-certified massage therapist or massage practitioner who is a California resident and who has been practicing massage for at least three years, unless that entity chooses not to exercise this right to appoint.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
One member shall be a public health official representing a city, county, city and county, or state health department, to be determined by the council. The city, county, city and county, or state health department chosen, shall appoint one member unless that entity chooses not to exercise this right to appoint.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Two members shall each be a certified massage therapist or a certified massage practitioner who is a California resident who has practiced
massage for at least three years prior to the appointment, selected by a professional society, association, or other entity the membership of which is composed of massage therapist professionals, and that chooses to participate in the council. To qualify, a professional society, association, or other entity shall have a dues-paying membership in California of at least 1,000 individuals, have been established since 2000, and shall have bylaws that require its members to comply with a code of ethics.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If there are more than two professional societies, associations, or other entities that meet the requirements of subparagraph (A), the appointments shall rotate based on a four-year term between each of the qualifying entities. The qualifying entity shall maintain its appointment authority during the entirety of the four-year term during which it holds the appointment authority. The order in which a qualifying professional society, association,
or other entity has the authority to appoint shall be determined by alphabetical order based on the full legal name of the entity as of January 1, 2014.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The members appointed to the board in accordance with paragraphs (1) to (9), inclusive, shall appoint three additional members, at a duly held board meeting in accordance with the board’s bylaws. One of those appointees shall be an attorney licensed by the State Bar of California who has been practicing law for at least three years and who at the time of appointment represents a city, county, or a city and county in the state. One of those appointees shall represent a massage business entity that has been operating in the state for at least three years. The council shall establish in its bylaws a process for appointing an additional member, provided that the member has knowledge of the massage industry or can bring needed expertise to the operation of the council for purposes of complying
with Section 4603.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Any decision to change the appointing authority of any member appointed to the board pursuant to paragraphs (1) to (9), inclusive, of subdivision (f) shall not be effective unless the current member has completed their term under subdivision (h) or the appointment is vacant.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Board member terms shall be for four years and until the appointment and qualification of their successor or until one year from the expiration of the term for which the member was appointed, whichever occurs first. A board member who has served two terms shall not be eligible for reappointment to the board regardless of the appointing authority. Any board member who, as of January 1, 2025, has served on the board for 8 out of the preceding 10 years, regardless of the appointing authority, shall vacate their appointment no later than July 1, 2025.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A board member may be removed only by their appointing authority under the conditions provided in Section 106.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The board of directors shall establish fees reasonably related to the cost of providing services and carrying out its ongoing responsibilities and duties. Initial and renewal fees for certificates shall be in an amount sufficient to support the functions of the council in the administration of this chapter, but in no event shall exceed three hundred dollars ($300). The renewal fee shall be reassessed biennially by the board.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Prior to holding a meeting to vote upon a proposal to increase the certification fees, the board shall provide at least 90 days’ notice of the meeting, including posting a notice on the council’s internet website unless at least two-thirds of the board members concur that there
is an active threat to public safety and that voting at a meeting without prior notice is necessary. However, the board shall not waive the requirements of subdivision (
<html:i>l</html:i>
).
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
If the board approves an increase in the certification fees, the council shall update all relevant areas of its internet website and notify all certificate holders and affected applicants by email within 14 days of the board’s action.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
The meetings of the council shall be subject to the rules of 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). The board may adopt additional policies and procedures that provide greater transparency to certificate holders and the public than required by the Bagley-Keene Open Meeting Act. Except as otherwise provided in this chapter, meetings of the council
shall be governed by either Rosenberg’s Rules of Order or Robert’s Rules of Order, Newly Revised.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The council shall provide a meaningful opportunity for public participation in the adoption, amendment, or repeal of any policies, procedures, rules, or bylaws that substantially impact the rights, benefits, privileges, duties, obligations, or responsibilities of individuals or entities subject to certification or approval by the council, including, but not limited to, actions by the council to increase fees, impose additional requirements for certification or approval, or substantively modify the disciplinary processes.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, the council shall, at a minimum, publish the complete text of any policies, procedures, rules, or bylaws proposed for adoption, amendment, or repeal along with a summary of the changes being
considered for a period of at least 45 calendar days before the adoption, amendment, or repeal. The council shall accept written public comments during the 45-day period and allow further public comment during a meeting held for these purposes.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
The council shall assess its contact with non-English speakers. Based on this assessment, the council shall offer and make available all publicly available written and electronic materials provided to certificate holders and applicants in languages other than English that the council determines will be used by a substantial number of non-English speakers who are in contact with the council. This subdivision shall not apply to examinations, denial and disciplinary legal documents, and email communications. The council shall provide a report to the Legislature on the findings of its assessment of contact with non-English speakers on or before January 1, 2019.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Beginning July 1, 2027, the council shall, to the extent practicable, make the records of the council available for public inspection in a manner consistent with the California Public Records Act (Division 10 (commencing with Section 7920.000) of the Government Code), as though the council were a public agency for purposes of that act.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The council may charge for the direct costs of responding to requests for records pursuant to this subdivision, including staff time reasonably required to identify, locate, and provide records.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
It is the intent of the Legislature in enacting this subdivision that, in addition to having all exemptions under the California Public Records Act
(Division 10 (commencing with Section 7920.000) of the Government Code) apply, the council shall not disclose investigatory records or records containing sensitive information, including law enforcement activities or personally identifying information regarding applicants, certificate holders, employers of certificate holders or other employer staff, council employees and contractors, massage school owners and staff, or other members of the public, including potential victims or survivors of human trafficking, sexual assault, or other crimes.
</html:p>
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<ns0:Num>SEC. 7.</ns0:Num>
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Section 4610 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Num>4610.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
An applicant for a certificate shall not be denied a certificate, and a certificate holder shall not be disciplined pursuant to this chapter except according to procedures that satisfy the requirements of this section. Denial or discipline that is not in accord with this section shall be void and without effect.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The council may discipline a certificate holder by any, or a combination, of the following methods:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Placing the certificate holder on probation, which may include limitations or conditions on practice.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Suspending the certificate and the rights conferred by this chapter on a certificate holder for a period not to
exceed one year.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Suspending or staying the disciplinary order, or portions of it, with or without conditions.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Revoking the certificate.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Taking other action as the council deems proper, as authorized by this chapter or policies, procedures, rules, or bylaws adopted by the board.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The council may issue an initial certificate on probation, with specific terms and conditions, to any applicant.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any denial or discipline shall be decided upon and imposed in good faith and in a fair and reasonable manner. Any procedure that conforms to the requirements of subdivision (e) is fair and reasonable.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A procedure is
fair and reasonable and meets requirements for fair procedure if the procedures specified in subdivision (f) or (g) are followed or if all of the following apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Denial or discipline shall be based on a preponderance of the evidence. In determining the basis for the denial or discipline and making a final decision that denial or discipline shall be imposed, the council may consider all written documents or statements as evidence, but shall weigh the reliability of those documents or statements. A final decision to deny or impose discipline may be based solely on a written statement or declaration made under penalty of perjury and the individual providing the written statement or declaration made under penalty of perjury shall not be required to appear at an oral hearing or provide additional documents or information beyond the written statement or declaration made under penalty of perjury that was already provided.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The provisions of the procedure are publicly available on the council’s internet website.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The council provides 15 calendar days prior notice of the denial or discipline and the reasons for the denial or discipline.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The council provides an opportunity for the applicant or certificate holder, to be heard, orally or in writing, not less than five days before the effective date of the denial or discipline, by a qualified person or body authorized to decide whether the proposed denial or discipline should go into effect.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, if the council receives notice that a certificate holder has been arrested and charges have been filed by the appropriate prosecuting agency against the certificate holder
alleging a violation of subdivision (b) of Section 647 of the Penal Code or any other offense described in paragraph (11) of subdivision (a) of Section 4609, the council shall immediately suspend, on an interim basis, the certificate of that certificate holder, and take all of the following additional actions:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Notify the certificate holder at the address last filed with the council that the certificate has been suspended and the reason for the suspension within 10 business days.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Provide notification of the suspension by email to the clerk or other designated contact of the city, county, or city and county in which the certificate holder lives or works, pursuant to the council’s records, within 10 business days.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Provide notification of the suspension by email or first-class mail to any establishment or
employer, whether public or private, that the council has in its records as employing the certificate holder, within 10 business days.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upon notice to the council that the charges described in paragraph (1) have resulted in a conviction, the council shall permanently revoke the suspended certificate. The council shall provide notice to the certificate holder, at the address last filed with the council by a method providing delivery confirmation, within 10 business days that it has evidence of a valid record of conviction and that the certificate will be revoked unless the certificate holder provides evidence within 15 days from the date of the council’s mailing of the notice that the conviction is either invalid or that the information is otherwise erroneous.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Upon notice that the charges described in paragraph (1) have resulted in an acquittal or have been otherwise
dismissed prior to conviction, the certificate shall be immediately reinstated and the certificate holder and any establishment or employer that received notice pursuant to this section shall be notified of the reinstatement within 10 business days.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, if the council determines that a certificate holder has committed an act punishable as a sexually related crime or a felony that is substantially related to the qualifications, functions, or duties of a certificate holder, the council may immediately suspend the certificate of that certificate holder. A determination to immediately suspend a certificate pursuant to this subdivision shall be based upon a preponderance of the evidence and the council shall also consider any available credible mitigating evidence before making a decision. Written statements by any person shall not be considered by the council when determining whether to
immediately suspend a certificate unless made under penalty of perjury. If the council suspends a certificate in accordance with this subdivision, the council shall take all of the following additional actions:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Notify the certificate holder within 10 business days, at the address last filed with the council, by a method providing delivery confirmation, that the certificate has been suspended, the reason for the suspension, and that the certificate holder has the right to request a hearing pursuant to paragraph (2).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notify by email or any other means consistent with the notice requirements of this chapter, any business or employer, whether public or private, that the council has in its records as employing or contracting with the certificate holder for massage services, and the California city, county, or city and county that has jurisdiction over that establishment or
employer, that the certificate has been suspended within 10 business days.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A certificate holder whose certificate is suspended pursuant to this subdivision shall have the right to request, in writing, an oral hearing or consideration of a written statement to challenge the factual basis for the suspension. If the holder of the suspended certificate requests an oral hearing or consideration of a written statement on the suspension, the oral hearing or consideration of a written statement shall be held within 30 calendar days after receipt of the request. A holder whose certificate is suspended based on paragraph (1) shall be subject to revocation or other discipline in accordance with subdivision (a).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the council determines, after a hearing conducted pursuant to this subdivision, to lift the suspension, the certificate shall be immediately reinstated and the certificate
holder, any establishment or employer, and the city, county, or city and county that has jurisdiction over that establishment or employer, that received notice pursuant to this section shall be notified of the reinstatement within 10 business days.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Any notice required under this section may be given by any method reasonably calculated to provide actual notice. Any notice given by mail shall be given by first-class or certified mail sent to the last address of the applicant or certificate holder shown on the council’s records.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
An applicant or certificate holder may challenge a denial or discipline decision issued pursuant to this section in a court of competent jurisdiction. Any action challenging a denial or discipline, including any claim alleging defective notice, shall be commenced within 90 days after the effective date of the denial or discipline. Certification issued
pursuant to this chapter is not a fundamental vested right and judicial review of denial and disciplinary decisions made by the council shall be conducted using the substantial evidence standard of review. If the action is successful, the court may order any relief, including reinstatement, that it finds equitable under the circumstances.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An applicant or certificate holder may request an appeal of a final decision by the council to deny a certificate or discipline a certificate holder by submitting a request in writing within 30 days of the date of the final decision. A request to appeal a final decision submitted pursuant to this paragraph shall be considered by a committee of the board of directors, who may convene in closed session for that purpose, within 120 days of the final decision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a request to appeal submitted pursuant to paragraph
(1) is granted, the appeal of the final decision to deny a certificate or discipline a certificate holder shall be heard at the next board of directors meeting with a date, as posted on the internet website of the council, that is at least 120 days from the date that the request to appeal was granted, unless a timely request for a continuance of the hearing date is granted. The council may, in its discretion, for good cause, continue the date an appeal may be heard, in which case the appeal shall be heard at a later board of directors meeting.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The council shall notify the applicant or certificate holder of their right to request an appeal pursuant to paragraph (1) at the time of the final decision.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
This section governs only the procedures for denial or discipline decision and not the substantive grounds for the denial or discipline. Denial or discipline based upon substantive grounds that violates contractual or other rights of the applicant or certificate holder, or is otherwise unlawful, is not made valid by compliance with this section.
</html:p>
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<ns0:Num>SEC. 8.</ns0:Num>
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Section 4826.5 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Num>4826.5.</ns0:Num>
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<html:p>Notwithstanding any other law, a licensed veterinarian, or a registered veterinary technician or veterinary assistant controlled substance permitholder under the supervision of a licensed veterinarian, may compound drugs for animal use pursuant to Section 530 of Title 21 of the Code of Federal Regulations and in accordance with regulations
promulgated by the board. The regulations promulgated by the board shall, at a minimum, address the storage of drugs, the level and type of supervision required for compounding drugs by a registered veterinary technician or a veterinary assistant controlled substance permitholder, and the equipment necessary for the safe compounding of drugs. Any violation of the regulations adopted by the board pursuant to this section shall constitute grounds for an enforcement or disciplinary action.</html:p>
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<ns0:Num>SEC. 9.</ns0:Num>
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Section 4858 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Num>4858.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except for the first renewal period, all holders of veterinarian licenses and veterinary technician registrations issued under the provisions of this chapter shall obtain continuing education relevant to developments in the practice of veterinary medicine.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A person applying for renewal of their license or registration in active status shall certify, under penalty of perjury, that they are in compliance with this article, as applicable.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The board may audit the records of all
applicants to verify the completion of the continuing education requirement. Applicants shall maintain records of completion of required continuing education coursework for a period of four years and shall make these records available to the board upon request for auditing purposes. If the board, during this audit, questions whether any course reported by the applicant satisfies the continuing education requirement, the applicant shall provide information to the board concerning the content of the course, course hours, and the name of its sponsor and cosponsor.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An applicant may apply for an inactive license or to restore an inactive license under the provisions of Article 9 (commencing with Section 700) of Chapter 1.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding Section 4858.1, the board, in its discretion, may exempt from the continuing education requirement an applicant who for reasons of health,
military service, or undue hardship cannot meet those requirements. Applications for waivers shall be submitted on a form provided by the board.
</html:p>
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<ns0:Num>SEC. 10.</ns0:Num>
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Section 6126.7 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_5C4D6314-7B71-4EFF-87C4-2C29302D4D06">
<ns0:Num>6126.7.</ns0:Num>
<ns0:LawSectionVersion id="id_981C59C6-4185-4077-871F-7AA847D69E9D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is a violation of subdivision (a) of Section 6126 for any person who is not an attorney to literally translate from English into another language, in any document, including an advertisement, stationery, letterhead, business card, or other comparable written material, any words or titles, including, but not limited to, “notary public,” “notary,” “licensed,” “attorney,” or “lawyer,” that imply that the person is an attorney. As provided in this subdivision, the literal translation of the phrase “notary public” into Spanish as “notario publico” or “notario,” is expressly prohibited.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, “literal translation of” or “to literally translate” a word, title, or phrase from one language means the translation of a word, title, or phrase
without regard to the true meaning of the word or phrase in the language that is being translated.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to any other remedies and penalties prescribed in this article, a person who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a civil action brought by the State Bar.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The nature and severity of the misconduct.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The number of violations.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The length of
time over which the misconduct occurred, and the persistence of the misconduct.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The
willfulness of the misconduct.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The defendant’s assets, liabilities, and net worth.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The court shall grant a prevailing plaintiff reasonable attorneys’ fees and costs.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A civil action brought under this section shall be commenced within four years after the cause of action accrues.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
In a civil action brought by the State Bar under this section, the civil penalty collected shall be paid to the State Bar and allocated to the fund established pursuant to Section 6033 to provide free legal services related to immigration reform act services to clients of limited means or to a fund for the purposes of mitigating unpaid claims of injured immigrant clients under Section 22447, as directed by the Board of
Trustees of the State Bar. The board shall annually report any collection and expenditure of funds for the preceding fiscal year, as authorized by this section, to the Assembly and Senate Committees on Judiciary. The report required by this section may be included in the report described in Section 6086.15.
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<ns0:Num>SEC. 11.</ns0:Num>
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Section 16608 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Num>16608.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Contract” includes a promise, undertaking, contract, or agreement, whether written or oral, express or implied.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Debt” means money, personal property, or their equivalent that is due or owing or alleged to be due or owing from a natural person to another person, including, but not limited to, for employment-related costs, education-related costs, or a consumer financial product or service, regardless of whether the debt is certain, contingent, or incurred voluntarily.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Debt collector” has the same meaning as defined in subdivision (c) of Section 1788.2 of the
Civil Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Employer” means any person or entity that employs workers. “Employer” includes any parent company, subsidiary, division, affiliate, contractor, hiring party, or third-party agent of an employer.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Freelance worker” has the same meaning as defined in subdivision (a) of Section 18101.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Misconduct” has the same meaning as in Section 1256 of the Unemployment Insurance Code.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Penalty, fee, or cost” includes, but is not limited to, a replacement hire fee, retraining fee, replacement fee, quit fee, reimbursement for immigration or visa-related costs, liquidated damages, lost goodwill, and lost profit.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Person” means a natural person or an entity, including, but not
limited to, a corporation, partnership, association, trust, limited liability company, cooperative, or other organization.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Training provider” means an entity, whether or not affiliated with an employer, that provides an
educational program, as defined in Section 94837 of the Education Code, a job training program, or a skills training program.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
“Transferable credential” means a degree that is offered by a third-party institution that is accredited and authorized to operate in the state, is not required for a worker’s current employment, and is transferable and useful for employment beyond the worker’s current employer.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
“Worker” means a natural person who is permitted to work for or on behalf of an employer or business entity, or who is permitted to participate in any other work relationship, job training program, or skills training program. “Worker” includes, but is not limited to, an employee or prospective employee.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2),
for contracts entered into on or after January 1, 2026, it shall be unlawful to include in any employment contract, or to require a worker to execute as a condition of employment or a work relationship a contract that includes, a contract term that does any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Requires the worker to pay an employer, training provider, or debt collector for a debt if the worker’s employment or work relationship with a specific employer terminates.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Authorizes the employer, training provider, or debt collector to resume or initiate collection of or end forbearance on a debt if the worker’s employment or work relationship with a specific employer terminates.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Imposes any penalty, fee, or cost on a worker if the worker’s employment or work relationship with a specific employer terminates.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This section does not apply to any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A contract entered into under any loan repayment assistance program or loan forgiveness program provided by a federal, state, or local governmental agency.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A contract related to the repayment of the cost of tuition for a transferable credential that meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The contract is offered separately from any contract for employment.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The contract does not require obtaining the transferable credential as a condition of employment.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The contract specifies the repayment amount before the worker agrees to the contract, and the
repayment amount does not exceed the cost to the employer of the transferable credential received by the worker.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The contract provides for a prorated repayment amount during any required employment period that is proportional to the total repayment amount and the length of the required employment period and does not require an accelerated payment schedule if the worker separates from the employment.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The contract does not require repayment to the employer by the worker if the worker is terminated, except if the worker is terminated for misconduct.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A contract related to enrollment in an apprenticeship program approved by the Division of Apprenticeship Standards.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A contract for the receipt of a discretionary or unearned monetary payment,
including a financial bonus, at the outset of employment that is not tied to specific job performance, provided that all of the following conditions are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The terms of any repayment obligation are set forth in a separate agreement from the primary employment contract.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The employee is notified that they have the right to consult an attorney regarding the agreement and provided with a reasonable time period of not less than five business days to obtain advice of counsel prior to executing the agreement.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Any repayment obligation for early separation from employment is not subject to interest accrual and is prorated based on the remaining term of any retention period, which shall not exceed two years from the receipt of payment.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The
worker has an option to defer receipt of the payment to the end of a fully served retention period without any repayment obligation.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Separation from employment prior to the retention period was at the sole election of the employee, or at the election of the employer for misconduct.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A contract related to the lease, financing, or purchase of residential property, including, but not limited to, a contract pursuant to the California Residential Mortgage Lending Act (Division 20 (commencing with Section 50000) of the Financial Code).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A contract that is unlawful under subdivision (b) is a contract restraining a person from engaging in a lawful profession, trade, or business, and is void under Section 16600 only if the contract was entered into on or after January 1, 2026.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The rights, remedies, and penalties established by this section are cumulative and shall not be construed to supersede or limit the rights, remedies, or penalties established under other laws, or to limit the ability of any other person or entity to pursue enforcement of rights, remedies, or penalties established under other laws, including, but not limited to:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Obligations of employers under Section 2802 of the Labor Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Article 1.5 (commencing with Section 2775) of Chapter 2 of Division 3 of the Labor Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Unfair Competition Law (Chapter 5 (commencing with Section 17200)).
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_1BDED4ED-8F08-416F-8AEF-A5666F0CA485">
<ns0:Num>SEC. 12.</ns0:Num>
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Section 17810 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_1BC92693-00B9-49F4-BC84-BDB6145FC2A5">
<ns0:Num>17810.</ns0:Num>
<ns0:LawSectionVersion id="id_B7851C21-BC51-449A-BA45-2A24EFB4E402">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A seller that uses a fixed term installment contract entered into or modified on or after August 1, 2026, shall not charge a fee to a consumer who terminates the fixed term installment contract unless, at the time of entering the initial contract, the contract includes a clear and conspicuous written disclosure of either of the following, which shall be viewable by the consumer without reliance upon a tooltip, additional hyperlink, or any other feature that requires additional user interaction:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The total cost of the early termination fee.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The formula used to calculate the early termination fee and the highest possible early termination fee under the contract.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A provider of broadband internet access service on its own, or as part of a bundle, that complies with federal broadband consumer requirements, including the broadband consumer label, codified in 47 C.F.R. Sec. 8.1(a), and its affiliates and subsidiaries, shall be deemed compliant with this section for all services sold on their own or as part of that bundle.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A3524D7F-F9B6-4337-A5B4-C4BFBCEA778C">
<ns0:Num>SEC. 13.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'714.6.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 714.6 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_D1DC8B90-CCEA-4382-A384-1F41F52DC8B2">
<ns0:Num>714.6.</ns0:Num>
<ns0:LawSectionVersion id="id_F8A619F3-E1EB-46ED-9A1C-68B62A1165CC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Recorded covenants, conditions, restrictions, or private limits on the use of private or publicly owned land contained in any deed, contract, security instrument, reciprocal easement agreement, or other instrument affecting the transfer or sale of any interest in real property that restrict or prohibit the residential uses of the property, the number, size, or location of the residences that may be built on the property, or that restrict the number of persons or families who may reside on the property, shall not be enforceable against the owner of a housing development, if an approved restrictive covenant housing modification document has been recorded in the public record as provided for in this section, except as explicitly provided in this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The owner of a housing development shall be entitled to establish that an existing restrictive covenant is unenforceable pursuant to subdivision (a) by submitting a restrictive covenant modification document pursuant to Section 12956.2 of the Government Code that modifies or removes any existing restrictive covenant language that restricts or prohibits the residential uses of the property, the number, size, or location of the residences that may be built on the property, or that restricts the number of persons or families that may reside on the property, to the extent necessary to allow the housing development to proceed under the existing declaration of restrictive covenants.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The owner shall submit to the county recorder a copy of the original restrictive covenant, a copy of any notice the owner believes is required pursuant to paragraph (3) of subdivision (g), and any
documents the owner believes necessary to establish that the property qualifies as a housing development under this section prior to, or simultaneously with, the submission of the request for recordation of the restrictive covenant modification document.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Before recording the restrictive covenant modification document, pursuant to subdivision (b) of Section 12956.2 of the Government Code, the county recorder shall, within five business days of receipt, submit the documentation provided to the county recorder by the owner pursuant to subparagraph (A) and the modification document to the county counsel for review. The county counsel shall determine whether the original restrictive covenant document restricts the property in a manner prohibited by subdivision (a), whether the owner has submitted documents sufficient to establish that the property qualifies as a housing development under this section, whether any notice required under this
section has been provided, whether any exemption provided in subdivision (g) or (h) applies, and whether the restriction may no longer be enforced against the owner of the housing development and that the owner may record a modification document pursuant to this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Pursuant to Section 12956.2 of the Government Code, the county counsel shall return the documents and inform the county recorder of the county counsel’s determination within 15 days of submission to the county counsel. If the county counsel is unable to make a determination, the county counsel shall specify the documentation that is needed in order to make the determination. If the county counsel has authorized the county recorder to record the modification document, that authorization shall be noted on the face of the modification or on a cover sheet affixed thereto, and the county recorder shall notify the owner or submitting party of the county counsel’s determination
without delay so that the notice described in subparagraph (D) may be given.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Upon being notified that the county counsel has authorized the county recorder to record the modification document, the owner may mail, by certified mail to anyone who the owner knows has an interest in the property or in the restrictive covenant, a copy of the modification document, together with a copy of this section and a written explanation that the modification has been applied for and approved for recordation by the county counsel pursuant to this section. That notice shall be deemed given if the notice is actually received by the intended recipient or if the notice is mailed by certified mail both to an address for notice indicated in the restrictive covenant, if any, and to the intended recipient’s address as shown in the last equalized assessment roll, if that address reasonably can be ascertained from the assessment roll. The owner may also publish
notice pursuant to Section 6061 of the Government Code identifying that a modification document pursuant to this section has been submitted to the county recorder and approved for recordation by the county counsel, and that the modification document is available for public inspection in the office of the county recorder. The notice shall also identify the property by assessor’s parcel number and mailing address. If no mailing address has been assigned for the property, then the property shall be identified instead by its nearest intersection. If the owner elects to publish notice in this manner, then notice shall be deemed given to anyone whose interest does not appear of record or for whom an address for notice does not appear of record and cannot reasonably be ascertained from the assessment roll. Notice as described in this subparagraph is optional, and failure to provide it shall not, in any manner, invalidate a restrictive covenant modification document recorded pursuant to this section.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The county recorder shall not record the modification document if the county counsel finds that the original restrictive covenant document does not contain a restriction prohibited by this section or if the county counsel finds that the property does not qualify as a housing development. If the owner of the property is not yet its record title owner, but is instead a beneficial owner with a right pursuant to a purchase and sale or similar agreement to purchase the property, then the owner shall not record the modification document until the owner closes escrow on the property and becomes its record title owner.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A modification document shall be indexed in the same manner as the original restrictive covenant document being modified. It shall contain a recording reference to the original restrictive covenant document, in the form of a book and page or instrument number, and date
of the recording. The effective date of the terms and conditions of the modification document shall be the same as the effective date of the original restrictive covenant document, subject to any intervening amendments or modifications, except to the extent modified by the recorded modification document.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the holder of an ownership interest of record in property causes to be recorded a modification document pursuant to this section that modifies or removes a restrictive covenant that is not authorized by this section, the county shall not incur liability for recording the document. The liability that may result from the unauthorized recordation shall be the sole responsibility of the holder of the ownership interest of record who caused the unauthorized recordation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A restrictive covenant that was originally invalidated by this section shall become and remain enforceable
while the property subject to the restrictive covenant modification is utilized in any manner that violates the terms of the restrictions required by this section.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the property is utilized in any manner that violates the terms of the restrictions required by this section, the city or county may, after notice and an opportunity to be heard, record a notice of that violation. If the owner complies with the applicable restrictions, the owner may apply to the agency of the city or county that recorded the notice of violation for a release of the notice of violation, and, if approved by the city or county, a release of the notice of violation may be recorded.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The county recorder may charge a standard recording fee to an owner who submits a modification document for recordation pursuant to this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Subject to paragraph (2), this section shall only apply to restrictive covenants that restrict or prohibit the residential uses of the property, the number, size, or location of the residences that may be built on a property, or that restrict the number of persons or families who may reside on a property. This section does not apply to any other covenant, including, but not limited to, covenants that:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Relate to purely aesthetic objective design standards, as long as the objective design standards are not applied in a manner that renders the housing development infeasible.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Provide for fees or assessments for the maintenance of common areas.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Provide for limits on the amount of rent that may be charged to tenants.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Paragraph (1) shall not apply to restrictive covenants, fees, and assessments that have not been consistently enforced or assessed prior to the construction of the housing development.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Any suit filed by a party that is deemed to have been given notice as described in subparagraph (D) of paragraph (2) of subdivision (b), which challenges the validity of a restrictive covenant modification document pursuant to this section, shall be filed within 35 days of that notice.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In any suit filed to enforce the rights provided in this section or defend against a suit filed against them, a prevailing owner of a housing development, and any successors or assigns, or a holder of a conservation easement, shall be entitled to recover, as part of any judgment, litigation costs and reasonable attorney’s fees, provided that any judgment entered shall
be limited to those costs incurred after the modification document was recorded as provided by subdivision (b).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision shall not prevent the court from awarding any prevailing party litigation costs and reasonable attorney’s fees otherwise authorized by applicable law, including, but not limited to, subdivision (d) of Section 815.7.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall not be interpreted to modify, weaken, or invalidate existing laws protecting affordable and fair housing and prohibiting unlawful discrimination in the provision of housing, including, but not limited to, prohibitions on discrimination in, or resulting from, the enforcement of restrictive covenants.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Provided that the restrictions are otherwise compliant with all applicable laws, this section does not invalidate local
building codes or other rules regulating either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The number of persons who may reside in a dwelling.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The size of a dwelling.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This section shall not be interpreted to authorize any development that is not otherwise consistent with state housing laws or the local general plan, zoning ordinances, and any applicable specific plan that apply to the housing development, including any requirements regarding the number of residential units, the size of residential units, and any other zoning restriction relevant to the housing development.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This section does not prevent a housing development from receiving any bonus or incentive pursuant to any statute listed in Section 65582.1 of the Government Code or any related local
ordinance.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Subject to paragraph (2), this section does not apply to:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Any conservation easement, as defined in Section 815.1, that is recorded as required by Section 815.5, and held by any of the entities or organizations set forth in Section 815.3.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Any interest in land comparable to a conservation easement that is held by any political subdivision and recorded in the office of the county recorder of the county where the land is situated.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The exclusion from this section of conservation easements held by tax-exempt nonprofit organizations, as provided in subparagraph (A) of paragraph (1), applies only if the conservation easement satisfies one or more of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
It was recorded in the office of the county recorder where the property is located before January 1, 2022.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
It is, as of the date of recordation of the conservation easement, held by a land trust or other entity that is accredited by the Land Trust Accreditation Commission, or any successor organization, or is a member of the California Council of Land Trusts, or any successor organization, and notice of that ownership is provided in the text of the recorded conservation easement document, or if that notice is not provided in the text of the recorded conservation easement document, the land trust or other entity provides documentation of that accreditation or membership within 30 days of receipt of either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A written request for that documentation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Any written notice of the intended modification of the conservation easement provided pursuant to paragraph (3).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
It was funded in whole or in part by a local, state, federal, or tribal government or was required by a local, state, federal, or tribal government as mitigation for, or as a condition of approval of, a project, and notice of that funding or mitigation requirement is provided in the text of the recorded conservation easement document.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
It is held by a land trust or other entity whose purpose is to conserve or protect indigenous cultural resources, and that purpose of the land trust or other entity is provided in the text of the recorded conservation easement document.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
It, as of the date of recordation of the conservation easement,
burdens property that is located entirely outside the boundaries of any urbanized area or urban cluster, as designated by the United States Census Bureau.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
At least 60 days before submission of a modification document modifying a conservation easement to a county recorder pursuant to subdivision (b), the owner of a housing development shall provide written notice of the intended modification of any conservation easement to the parties to that conservation easement and any third-party beneficiaries or other entities that are entitled to receive notice of changes to or termination of the conservation easement with the notice being sent to the notice address of those parties as specified in the recorded conservation easement. The notice shall include a return mailing address of the owner of the housing development, the approximate number, size, and location of intended structures to be built on the property for the
purposes of housing, and a copy of the intended modification document, and shall specify that it is being provided pursuant to this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The county recorder shall not record any restrictive covenant modification document unless the county recorder has received confirmation from the county counsel that any notice required pursuant to subparagraph (A) was provided in accordance with subparagraph (A).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section shall not apply to any settlement, conservation agreement, or conservation easement, notice of which has been recorded, for which either of the following apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
It was entered into before January 1, 2022, and limits the density of or precludes development in order to mitigate for the environmental impacts of a proposed project or to resolve a dispute about the level of permitted development on
the property.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
It was entered into after January 1, 2022, and limits the density of or precludes development where the settlement is approved by a court of competent jurisdiction and the court finds that the density limitation is for the express purpose of protecting the natural resource or open-space value of the property.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The provisions of this section shall not apply to any recorded deed restriction, public access easement, or other similar covenant that was required by a state agency for the purpose of compliance with a state or federal law, provided that the recorded deed restriction, public access easement, or similar covenant contains notice within the recorded document, inclusive of its recorded exhibits, that it was recorded to satisfy a state agency requirement.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
For purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Housing development” means a development located on the property that is the subject of the recorded restrictive covenant and that meets one of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The property is subject to a recorded affordability restriction requiring 100 percent of the units, exclusive of a manager’s unit or units, be made available at affordable rent to, and be occupied by, lower income households for 55 years for rental housing, unless a local ordinance or the terms of a federal, state, or local grant, tax credit, or other project financing requires, as a condition of the development of residential units, that the development include a certain percentage of units that are affordable to, and occupied by, low-income, lower income, very low income, or extremely low income households for a term that exceeds 55 years for rental housing units.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The property is owned or controlled by an entity or individual that has submitted a permit application to the relevant jurisdiction to develop a project that complies with clause (i).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The property is owned or controlled by an entity or individual that has submitted a development project application to redevelop an existing commercial property, and the development project includes residential uses permitted by state housing laws or local land use and zoning regulations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of subparagraph (A):
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Controlled” includes, without limitation, the right to acquire the property under an option agreement, purchase and sale agreement, or similar agreement.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“Permit
application” includes, without limitation, a building permit application, an application pursuant to Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, including a preliminary application pursuant to Section 65941.1 of the Government Code, an application for a zoning or general plan amendment, an application for a specific plan or amendment to a specific plan, a notice of intent or an application for development pursuant to Section 65913.4 of the Government Code, or an application for development pursuant to Section 65912.110 of the Government Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Affordable rent” shall have the same meaning as defined in Section 50053 of the Health and Safety Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Lower income households” shall have the same meaning as defined in Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Modification document” means a restrictive covenant modification document described in paragraph (1) of subdivision (b).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Owner” means any record title owner of the property, any beneficial owner of the property, or an entity or individual controlling the property for purposes of paragraph (1).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Restrictive covenant” means any recorded covenant, condition, restriction, or limit on the use of private or publicly owned land contained in any deed, contract, security instrument, reciprocal easement agreement, or other instrument affecting the transfer or sale of any interest that restricts or prohibits the residential uses of the property, the number, size, or location of the residences that may be built on the property, or that restricts the number of
persons or families who may reside on the property, as described in subdivision (a). “Restrictive covenant” does not include an easement set forth in a reciprocal easement agreement or other recorded instrument.
</html:p>
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<ns0:Num>SEC. 14.</ns0:Num>
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Section 798.14 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_98631ECE-F540-4A1D-840E-32E7BDA20B2A">
<ns0:Num>798.14.</ns0:Num>
<ns0:LawSectionVersion id="id_7D39DF67-1A4D-469A-B274-D0435C57D01F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For the purposes of this section, “affirmative, written consent” means express written consent obtained separately from, and not contained in, any lease or rental agreement and that is not a condition of the tenancy.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Unless otherwise provided, all notices required by this chapter shall be either delivered personally to the homeowner and resident, or deposited in the United States mail, postage prepaid, addressed to the homeowner and resident at their site within the mobilehome park.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
All notices required by subdivisions (c) and (i) of Section 798.15 and by Section 798.43.1 to be delivered prior to February 1 of each year may be combined in one notice that contains all the information
required by the sections under which the notices are given, and may be delivered to the homeowner and resident by electronic mail if the homeowner or resident has provided affirmative, written consent that clearly and conspicuously states that the homeowner or resident agrees to receive notices by electronic mail and includes the address to which the notices may be sent.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A homeowner’s or resident’s affirmative, written consent to receive notices by electronic mail pursuant to subdivision (c) may be revoked by the homeowner or resident at any time, without any fee, charge, or penalty, and without any impact on the terms of the homeowner or resident’s tenancy. A homeowner’s or resident’s revocation shall be honored so long as it is in writing
and indicates the intention of the homeowner or resident to no longer receive notices by electronic mail.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Management who obtains the affirmative, written consent of a homeowner or resident to receive notices by electronic mail pursuant to subdivision (c) shall, within five days, deliver personally or by mail to each homeowner or resident who gives consent the following notice, in English and any language set forth in subdivision (b) of Section 1632 used as the primary language during the negotiation of the rental agreement, in a clear and conspicuous manner, in at least 10-point Arial equivalent type:
</html:p>
<html:p>“You have agreed to receive only electronic copies of notices that
your mobilehome park management is required to send you by law. This means that you may not receive important notices on your door or in the mail. You may revoke this agreement, without any penalty or obligation, at any time. To revoke this agreement, send a written notice to your management that states that you no longer agree to receive electronic notices.”</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The notice described in paragraph (1) shall include the name and address of the entity to whom the homeowner or resident may deliver revocation of affirmative, written consent.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_51A929D6-4649-4705-9BE1-EEF80F34825D">
<ns0:Num>SEC. 15.</ns0:Num>
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Section 798.74.4 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_0A0F3383-C7B0-4325-B0B3-E9C9C0B68BCF">
<ns0:Num>798.74.4.</ns0:Num>
<ns0:LawSectionVersion id="id_4666FEE9-3065-4C84-B676-18FE3A8C7101">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The transfer or sale of a manufactured home or mobilehome in a mobilehome park is subject to the transfer disclosure requirements and provisions set forth in Article 1.5 (commencing with Section 1102) of Chapter 2 of Part 4. The requirements include, but are not limited to, the use of the Manufactured Home and Mobilehome Transfer Disclosure Statement set forth in Section 1102.6d.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In the case of a sale or transfer of a mobilehome that will remain in the park, upon written request, a homeowner shall provide a copy of the Manufactured Home and Mobilehome Transfer Disclosure Statement required by subdivision (a) to management.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_E14DD28F-0F18-4F93-A4D2-DB93908ED0DD">
<ns0:Num>SEC. 16.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1714.27.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 1714.27 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B814EB92-8FA0-4CE1-B4C0-2D9A025DB959">
<ns0:Num>1714.27.</ns0:Num>
<ns0:LawSectionVersion id="id_6360C05A-1D1F-4FCF-8E94-C084D60326AB">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, and except as provided in subdivision (b), a person not otherwise licensed to administer anti-seizure rescue medication, but who administers anti-seizure rescue medication at the scene of an emergency, in good faith and not for compensation, to a person who is experiencing, or is suspected of experiencing, a seizure shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for this administration so long as the person’s conduct is not grossly negligent and does not constitute willful or wanton misconduct.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Subdivision (a) shall not apply to administration of anti-seizure rescue medication to a pupil on a
schoolsite which shall, instead, comply with Article 4.6 (commencing with Section 49468) of Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_035B4796-D5CD-4CD4-A035-6941A3A9193F">
<ns0:Num>SEC. 17.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'19.1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'3273.29.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 3273.29 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E0E43689-E5B9-4948-8087-612354AD22C8">
<ns0:Num>3273.29.</ns0:Num>
<ns0:LawSectionVersion id="id_E202EEC5-E4CA-4521-9E28-B5602F1E1D2F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is the intent of the Legislature that a mortgage servicer offer a borrower forbearance that is consistent with the mortgage servicer’s contractual or other authority. This title does not require a mortgage servicer to take any action that would require the mortgage servicer to breach the terms of an existing contract with the investor that owns or insures the residential mortgage loan.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the intent of the Legislature that
this title not apply to servicing guidelines that are unrelated to disaster-related forbearance relief.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_9B2A7B8B-12A6-4CEB-82D2-BA74DE573737">
<ns0:Num>SEC. 18.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4752.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4752 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_8FA0345B-0F6A-4CF9-9D69-D4FA9901A3CC">
<ns0:Num>4752.</ns0:Num>
<ns0:LawSectionVersion id="id_CDF4B67D-A996-4370-A37D-A3F731C5D421">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, and any provision of a governing document shall be void and unenforceable to the extent that it prohibits, or includes conditions that have the effect of prohibiting, a substantially similar reconstruction of a residential structure that was destroyed or damaged in a disaster.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A court shall award reasonable attorney’s fees to the owner of a separate interest in a common interest development who prevails in an action to enforce this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Disaster” means any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A state of disaster or emergency declared by the federal government.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A state of emergency proclaimed by the Governor pursuant to Section 8625 of the Government Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A local emergency proclaimed by a local governing body or official pursuant to Section 8630 of the Government Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Objective design standard” means a standard that involves no personal or subjective judgment and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant and the association before submittal.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Substantially similar reconstruction of a residential structure” means
a proposal that rebuilds a residential structure on a separate interest located in a common interest development that complies with all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The local building code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, a proposal shall be considered to be in compliance with the local building code if the building permit is deemed approved by the local agency with appropriate jurisdiction.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The interior livable square footage of the rebuilt residential structure will not exceed 110 percent of the square footage that existed when the structure was damaged or destroyed.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The exterior footprint of the rebuilt residential structure will meet either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The rebuilt residential structure will be constructed in the same location and to the same exterior dimensions as the structure that was damaged or destroyed.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The setbacks for the rebuilt residential structure will be at least four feet from the side and rear lot lines.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The height of the rebuilt residential structure will not exceed 110 percent of the height that existed when the residential structure was damaged or destroyed, or 100 percent of the height allowed by the governing documents of the association in effect at the time the proposal was submitted, whichever is greater.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Any objective design standard in effect at the time the original residential structure was destroyed or damaged in a disaster, provided that the standard does not
unreasonably increase the cost to construct or effectively prohibit the construction of, or extinguish the ability to otherwise rebuild, a substantially similar residential structure.
</html:p>
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</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_776BD0A8-8137-4C9B-9ADA-4AF0E50C0AE9">
<ns0:Num>SEC. 19.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'8811.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 8811 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_29780666-36AA-4692-A08A-A6F44F93D39D">
<ns0:Num>8811.</ns0:Num>
<ns0:LawSectionVersion id="id_D663AB14-CE62-4B80-80C5-DE16ACE0622D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This section is applicable to a contract relating to a private work of improvement entered into on or after January 1, 2026.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A retention payment withheld from a payment by an owner from the direct contractor, by the direct contractor from any subcontractor, and by a subcontractor from any subcontractor thereunder, for a private work of improvement, shall not exceed 5 percent of the payment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In no event shall the total retention proceeds withheld exceed 5 percent of the contract price.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
In a contract between the direct contractor and a subcontractor, and in a contract
between a subcontractor and any subcontractor thereunder, the percentage of the retention payment withheld shall not exceed the percentage specified in the contract between the owner and the direct contractor.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Paragraph (1) does not apply to a direct contractor or subcontractor if the direct contractor or subcontractor provides written notice to a subcontractor before, or at, the time that the bid is requested that a faithful performance and payment bond shall be required, and a subcontractor subsequently fails to furnish to the direct contractor or subcontractor a performance and payment bond issued by an admitted surety insurer.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Paragraph (1) does not apply to an owner, direct contractor, or subcontractor on a residential project if the project is not
mixed use and does not exceed four stories.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In any action to enforce the provisions of this section, a court shall award reasonable attorney’s fees to the prevailing party.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_70FCFA93-33B3-457C-95F1-A836F04D1744">
<ns0:Num>SEC. 20.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:CCP:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'697.680.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 697.680 of the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_50E62E34-108C-4115-9F38-AD56DB69AA65">
<ns0:Num>697.680.</ns0:Num>
<ns0:LawSectionVersion id="id_90EC6254-96C0-4C5F-A858-C344BDFD52D4">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A judgment creditor may apply to the court for an order reinstating a released lien on personal property and its priority at the time of cancellation. Subject to subdivisions (b) and (c), the court shall order the reinstatement of a lien with the same priority that it held at the time of cancellation. Upon entry of the order the clerk shall do the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Note in the court’s records that the judgment is no longer satisfied to the extent of the returned funds or property.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Issue to the judgment creditor a certificate and notice of reinstatement of judgment lien. The certificate of reinstatement of judgment lien shall identify the judgment and parties, the unsatisfied judgment amount, and
the filing number and date of the original notice of judgment lien filed with the Secretary of State.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The application for reinstatement of a lien under subdivision (a) shall be filed with a declaration by the judgment creditor that includes and certifies all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The title of the court, the case name and number, and the date and amount of the original judgment and any renewals thereof.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A statement that the judgment creditor released a lien or liens in the reasonable belief that the money judgment was satisfied. This statement shall include:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Information sufficient to identify the liens that were released, including the county or counties in which an abstract of judgment was recorded, the recording
dates and numbers of those recordings and, if applicable, the filing date and number of any notice of judgment lien on personal property that was filed with the Secretary of State.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The details of any acknowledgment of full or partial satisfaction of judgment that was filed or entered as a result of the prior application of funds, including the date, county, and recording number of any acknowledgment of full or partial satisfaction of judgment recorded by the judgment creditor.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A statement that after a lien was released, the judgment creditor was ordered pursuant to paragraph (2) or (3) of subdivision (d) of Section 703.580 to return to the judgment debtor property levied or wages garnished in satisfaction of the money judgment. A copy of the order shall be attached as an exhibit to the declaration.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A
statement that the judgment creditor returned, and the judgment debtor received, all property and wages ordered returned.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A statement that but for the court’s order pursuant to paragraph (2) or (3) of subdivision (d) of Section 703.580, the money judgment would have been fully satisfied or that the property returned to the judgment creditor was identified in a recorded acknowledgment of full or partial satisfaction of judgment.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A statement that the judgment creditor is not appealing the order to return funds pursuant to subdivision (d) of Section 703.580.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Knowingly providing false information shall be
subject to a civil penalty in an amount up to one thousand five hundred dollars ($1,500).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The judgment creditor shall serve upon the judgment debtor by first-class mail to the address verified pursuant to paragraph (2) of subdivision (b) of Section 684.130 a copy of the application for an order reinstating a released lien.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The judgment debtor may, within 15 days of service of the application, file a declaration stating that the funds or property identified by the judgment debtor pursuant to subparagraph (D) of paragraph (1) of subdivision (b) have not been returned.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a declaration
under paragraph (2) is filed, the court shall deny the application and the judgment creditor shall file a noticed motion to be heard by the court in order to reinstate a lien and its priority.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If no objection is filed, the clerk’s reinstatement of the lien and its priority shall be automatically effective.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An application under this section shall be filed in the action in which the judgment creditor was ordered, pursuant to paragraph (2) or (3) of subdivision (d) of Section 703.580, to return to the judgment debtor property levied or wages garnished in satisfaction of the money judgment.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Attorney’s fees are not recoverable under this section.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The judgment creditor may record the certificate in the same manner as an abstract of judgment,
and that recordation shall have the effect of restoring the lien’s priority as if the prior release or satisfaction had not occurred.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_98D9500E-0743-45D0-B01C-436BCD24E4E7">
<ns0:Num>SEC. 21.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:CCP:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1094.9.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 1094.9 of the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_E3CE5332-E7D8-48F2-B690-DED3935FAB58">
<ns0:Num>1094.9.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this chapter, an action or proceeding to review the denial of a permit or other entitlement for a housing development project or residential dwelling unit shall be conducted pursuant to subdivision (d), if the petitioner timely provides the notice described in paragraph (4) of subdivision (d).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Applicant” means a party that has submitted an application or requested a permit for a housing development project.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Department” means the
Department of Housing and Community Development.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Disapproves the housing development project” has the same meaning as described in paragraph (6) of subdivision (h) of Section 65589.5 of the Government Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Housing development project” has the meaning set forth in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code. It includes housing development projects consisting of one residential unit.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Local agency” means a city, county, city and county, district, or other local authority.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Actions brought pursuant to this section, including when on appeal from the decision of a lower court, shall be given preference over all other civil actions before the court when setting the matter for hearing or trial and holding the
hearing or trial.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The procedure set forth in this subdivision, supersedes anything to the contrary set forth in this chapter.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An applicant, the Attorney General, or the department may bring any action under this section. The action shall be in the form of a petition for writ of mandate pursuant to Section 1085 or 1094.5, or both, as appropriate.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upon request of the applicant, or notice from the department or the Attorney General, the local agency shall prepare the record of its proceedings concurrently with the local agency’s proceedings.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
This record of proceedings shall include, at a minimum, the local agency’s decision, filings, notices, orders, transcripts of the local agency’s administrative proceedings pertaining to the housing
development project, staff reports, and documents relied upon by the local agency in denying a permit or entitlement of the housing development project or residential dwelling unit.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The parties shall meet and confer to certify the record of proceedings no later than 15 days after a petition for writ of mandate is served. Any disputed items shall be subject to a separate motion to be specially noticed on or before the date of the hearing on the writ petition, and in accordance with any local court rules.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The cost of preparation of the administrative record shall be borne by the local agency, unless the petitioner elects to prepare the record.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The record of the proceedings before the local agency shall be lodged with the court as expeditiously as possible. All or part of the record may be filed:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
By the petitioner with the petition or petitioner’s points and authorities.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
By the respondent with respondent’s points and authorities.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
After payment of costs by the petitioner, or:
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
As otherwise directed by the court.
</html:p>
<html:p>If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A petitioner who elects to bring an action pursuant to this section shall file and serve the petition on the respondent no later than 90 days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any
other final action on a housing development project, (2) the effective date of the denial of a permit for a housing development project, or (3) any other action by which respondent disapproves the housing development project. The title page of the petition shall contain the following language in 18-point type:
</html:p>
<html:p>“ATTENTION: THIS MATTER IS ENTITLED TO PRIORITY AND SUBJECT TO THE EXPEDITED HEARING AND REVIEW PROCEDURES CONTAINED IN SECTION 1094.9 OF THE CODE OF CIVIL PROCEDURE.”</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The clerk of the court shall set a hearing for review of the petition for writ of mandate no later than 45 calendar days from the date the petition is filed. Moving, opposition, and reply papers shall be filed as provided in the California Rules of Court. If not otherwise filed, the petitioner shall lodge the record of proceedings with the court no later than 15 calendar days before
the hearing date.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Following the conclusion of the hearing, the court shall render its decision in an expeditious manner. In no event shall the decision be rendered later than 30 calendar days after the matter is submitted or 75 calendar days after the date the petition is filed pursuant to paragraph (4), whichever is earlier.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If the presiding judge of the court in which the action is filed determines that, as a result of either the press of other court business or other factors, the court will be unable to meet any of the deadlines provided within this section, the presiding judge may request the temporary assignment of a judicial officer to hear the petition and render a decision within the time limits contained herein, pursuant to California Rules of Court Rule 2.812 and Section 68543.8 of the Government Code. Given the short time period involved, the
request shall be entitled to priority.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_CE028B1D-F0B2-4280-AAAC-553F83388FB7">
<ns0:Num>SEC. 22.</ns0:Num>
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Section 234.7 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_74858680-764E-4E63-B408-74D78141A9D6">
<ns0:Num>234.7.</ns0:Num>
<ns0:LawSectionVersion id="id_8ABB7893-D484-4842-B37F-05119BC45F37">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not do either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Collect information or documents regarding citizenship or immigration status of pupils or their family members.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Allow an officer or employee of an agency conducting immigration enforcement to enter a nonpublic area of a schoolsite for any purpose without being presented with a valid judicial warrant or judicial subpoena, or a court order. Any school official or employee of a local educational agency shall, to the extent practicable, request a valid identification from an
officer or employee of an agency conducting immigration enforcement seeking to enter a nonpublic area of a schoolsite. This subdivision shall not be construed to limit a local educational agency’s or school official’s right to consult with counsel or challenge the validity of a warrant, subpoena, or court order in a court of competent jurisdiction.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A local educational agency and its personnel, to the extent practicable, shall not disclose or provide in writing, verbally, or in any other manner, the education records of or any information about a pupil or a pupil’s family and household without the pupil’s parents’ or guardians’ written consent, a school employee, or a teacher, including, but not limited to, personal information as defined in subdivision (a) of Section 1798.3 of the Civil Code, information about a pupil’s home, and information about a pupil’s travel schedule, to an officer or employee of an agency conducting immigration
enforcement absent a valid judicial warrant or judicial subpoena, or court order directing the local educational agency or its personnel to do so. Any disclosure of a pupil’s education records pursuant to a valid judicial warrant or judicial subpoena, or court order shall be in accordance with the parent notification requirements set forth in Section 99.31(a)(9)(ii) of Title 34 of the Code of Federal Regulations.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If an employee of a school is aware that a pupil’s parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupil’s care in the emergency contact information it has for the pupil to arrange for the pupil’s care. A school is encouraged to work with parents or guardians to update their emergency contact information and not to contact a child protective services agency to arrange for the pupil’s care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The governing board or body of a local educational agency shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Provide information to parents and guardians, as
appropriate, regarding their child’s right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The Immigration-Enforcement Actions at California Schools Guide for Students and Families, also known as “Know Your Educational Rights,” developed by the Attorney General.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K–12 Schools in Responding to Immigration Issues” issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety, the caregiver’s authorization affidavit in Section 6552 of the Family Code, and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional
contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The information may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The guide specified in clause (i) of subparagraph (A) shall be posted in the administrative buildings and on the internet websites of the local educational agency and each of its schoolsites. The guide shall be posted in every language that the Attorney General provides and shall be updated the school year following any updates published by the Attorney General.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Procedures related to requests for access to school grounds for purposes related to immigration enforcement.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Procedures for local educational agency employees to notify the superintendent of the school district or the superintendent’s designee, the superintendent of the county office of education or the superintendent’s designee, or the principal of the charter school or the principal’s designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Attorney General shall, no later than December 1, 2025, update the model policies
described in paragraph (1) to ensure that these policies align with the prohibition applicable to school officials and employees of local educational agencies as described in paragraph (2) of subdivision (a), and the requirements for local educational agencies, as described in this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
All local educational agencies shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Adopt the model policies developed pursuant to paragraph (1) of subdivision (g), or equivalent policies, by July 1, 2018.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, including “Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K–12 Schools in Responding to Immigration Issues” issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety, the caregiver’s authorization affidavit in Section 6552 of the Family Code, and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Update their model policies to align with this section, including paragraph (2) of subdivision (g), by March 1, 2026.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section does
not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities, information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
A local educational agency shall maintain its policy adopted pursuant to subdivision (h) and make the policy available to the department upon request.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Local educational agencies may be subject to monitoring and auditing by the department to ensure compliance with the requirements of subdivisions (h) and (j).
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Local educational agency” means a school district, county office of education, or charter school.
</html:p>
<html:p>(3) “Schoolsite” means an individual school campus of a school district, county office of education, or charter school, an area where a local educational agency’s school-sponsored activity is currently being held, or
a schoolbus or other transportation provided by a local educational agency.</html:p>
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<ns0:BillSection id="id_6A5B769A-B6AB-464B-9AF3-B1BC89B2739A">
<ns0:Num>SEC. 23.</ns0:Num>
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Section 35221 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_F55E2A19-56CD-4054-A529-D065604C0444">
<ns0:Num>35221.</ns0:Num>
<ns0:LawSectionVersion id="id_7BB5B8B4-85D2-487D-96A0-DD06B050151F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Each local educational agency official shall receive training in K–12 public education school finance laws pursuant to this article.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An entity offering training courses to meet the requirements of this article shall use the curriculum developed pursuant to Section 35220.5.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In order to meet the requirement of subdivision (a), a local educational agency or a consortium of local educational agencies shall only use the following methods:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Offer training courses using local educational agency employees or contracted legal counsel with demonstrable experience in the applicable topic described in
subdivision (b) of Section 35220 for which it will provide training.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Arrange for its local educational agency officials to receive training courses through an entity that meets all of the following requirements:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
One of the entity’s primary functions is supporting local educational agencies with technical assistance and expertise in the applicable topic described in subdivision (b) of Section 35220 for which it will provide training.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The entity has demonstrable experience supporting local educational agencies with technical assistance and expertise.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The entity has trainers that each possess demonstrable experience in the applicable topic described in subdivision (b) of Section 35220 for which it will provide
training.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
Local educational agency officials of school districts and county offices of education shall only receive training from an entity described in clause (i) with demonstrable experience supporting school districts and county offices of education with technical assistance and expertise, or as provided by subparagraph (A), (C), or (D).
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Local educational agency officials of charter schools or an entity managing charter schools shall only receive training from an entity with demonstrable experience supporting charter schools with technical assistance and expertise, or as provided by subparagraph
(A), (C), or (D).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Arrange for its local educational agency officials to receive training courses through the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8. The County Office Fiscal Crisis and Management Assistance Team may charge a fee to local educational agencies for providing the training.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Arrange for its local educational agency officials to receive training courses through a nonprofit statewide education association led by officials who govern school districts and county offices of education.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Offer their own, or arrange through a different entity that meets the requirements of subparagraph
(B),
(C), or (D), sets of self-study materials with tests.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Courses offered or arranged pursuant to subparagraph (A), (B), (C), or (D) of paragraph (1), as applicable, may be taken at home, in person, or online.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A local educational agency official that has successfully completed the California School Boards Association’s Masters in Governance program and provides their local educational agency with proof of their participation and completion of the program, to comply with Section 35222, shall be exempt from the requirement of subdivision (a).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A training course covering the topics described in subdivision (b) of Section 35220 shall be no longer than four hours.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A provider of a training course that meets the requirements of this
article shall provide participants with proof of participation to comply with Section 35222.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A local educational agency shall provide information to its officials at least annually on training available to meet the requirements of this article.
</html:p>
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<ns0:BillSection id="id_B4834069-AAA6-415A-980A-9BCF073A4CE7">
<ns0:Num>SEC. 24.</ns0:Num>
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Section 38134 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_3CF89FAA-943B-455E-B5A5-5A18A70849BC">
<ns0:Num>38134.</ns0:Num>
<ns0:LawSectionVersion id="id_D996D011-E98E-4631-BE72-709D60A52964">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A parent-teacher association.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A school-community advisory council.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A recreational youth sports league that charges participants no more than a nominal fee. As used in this
subparagraph, “nominal fee” means an average of no more than sixty dollars ($60) per month.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Except as otherwise provided by law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The governing board of a school district may charge an amount, not to exceed its direct costs
for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school district’s direct costs.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
In the case of entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities
or grounds.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of facilities or grounds by that entity may be denied.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
As used in this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Direct costs” to the school district for the use of school facilities or grounds includes all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The share of the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section to operate and maintain school facilities or grounds that is proportional to the entity’s
use of the school facilities or grounds under this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of the school facilities or grounds by the entity using the school facilities or grounds under this section as follows:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For purposes of this subparagraph, “school facilities” shall be limited to only nonclassroom space, and “school grounds” shall include, but not necessarily be limited to, playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The share of the cost for maintenance, repair, restoration, and refurbishment shall not apply to:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Classroom-based programs that operate after school hours, including, but not necessarily
limited to, after school programs, tutoring programs, or childcare programs.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Organizations retained by the school or school district to provide instruction or instructional activities to pupils during school hours.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Funds collected under this subparagraph shall be deposited into a special fund that shall only be used for purposes of this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Fair rental value” means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks and shall each bear the costs of defending itself against claims arising from those risks.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for an injury caused
by a dangerous condition of public property.
</html:p>
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</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_22EE26DF-9782-4B12-8968-1D4F1120F5FC">
<ns0:Num>SEC. 25.</ns0:Num>
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Section 44043.5 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_53EFE233-5094-4B91-9FCC-E686A98B6A30">
<ns0:Num>44043.5.</ns0:Num>
<ns0:LawSectionVersion id="id_9C149E95-713D-426B-A48E-056641DC053A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The governing board or body of a school district, county office of education, or charter school may establish a catastrophic leave program to permit employees of that school district, county office of education, or charter school to donate eligible leave credits to an employee when that employee or a member of the employee’s family suffers from a catastrophic illness or injury.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For the purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Catastrophic illness” or “injury” means an illness or injury that is expected to incapacitate the employee for an extended period of time, or that incapacitates a member of the employee’s family
that requires the employee to take time off from work for an extended period of time to care for that family member, and taking extended time off work creates a financial hardship for the employee because they have exhausted all of their sick leave and other paid time off.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Eligible leave credits” means vacation leave and sick leave accrued to the donating employee.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Eligible leave credits may be donated to an employee for purposes of subdivision (a) if all of the following requirements are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The employee, who is, or whose family member is, suffering from a catastrophic illness or injury, requests that eligible leave credits be donated and provides verification of catastrophic injury or illness as required by the governing board or body of the school district,
county office of education, or charter school in which the employee is employed.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The governing board or body of the school district, county office of education, or charter school determines that the employee is unable to work due to the employee’s or their family member’s catastrophic illness or injury.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The employee has exhausted all accrued paid leave credits.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the transfer of eligible leave credits is approved by the governing board or body of the school district, county office of education, or charter school, any employee may, upon written notice to the governing board or body of the school district, county office of education, or charter school, donate eligible leave credits at a minimum of eight hours, and in hour increments thereafter.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The governing board or body of a school district, county office of education, or charter school that provides a catastrophic leave program pursuant to this section shall adopt rules and regulations for the administration of this section, including, but not limited to, the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The maximum amount of time for which donated leave credits may be used, but not to exceed use for a maximum period of 12 consecutive months.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The verification of catastrophic injury or illness required pursuant to paragraph (1) of subdivision (c).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Making all transfers of eligible leave credit irrevocable.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
An employee who receives paid leave pursuant to subdivision (c) shall use any leave credits that they continue to accrue on a monthly basis
before receiving paid leave pursuant to this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Notwithstanding this section, the governing board or body of a school district, county office of education, or charter school and an exclusive bargaining representative of employees in that school district, county office of education, or charter school may agree to include in any collective bargaining agreement, a provision setting forth requirements for a catastrophic leave program.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_0B341401-3DE6-44EC-AC51-E5B958A7A20E">
<ns0:Num>SEC. 26.</ns0:Num>
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Section 46392 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_5B481DA7-E891-4616-89EE-242A956446E5">
<ns0:Num>46392.</ns0:Num>
<ns0:LawSectionVersion id="id_0FB22CBD-9CB6-4614-9F4A-9F19A3272F51">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Fire.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Flood.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Impassable roads.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Epidemic.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Earthquake.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The imminence of a major safety hazard as determined by the local law enforcement agency.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A strike involving transportation services to pupils provided by a nonschool entity.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
An order provided for in Section 41422.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Snowstorm.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In the event a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the
period during which average daily attendance has been reduced by the state of emergency.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding any other law, the Superintendent shall extend through the 2018–19 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the
residences within the school district or school district facilities were destroyed by the qualifying emergency.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for
pupils who are individuals with exceptional needs, as that term is defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to
this section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The school district, county office of education, or charter school is unable to provide in person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and
substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school district’s facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
In the 2020–21 fiscal year, for school districts, the Superintendent shall calculate the difference between the school district’s certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 2020–21 fiscal year and the 2019–20 fiscal year and, if there is a difference, allocate the amount of that difference to the school district.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In the 2021–22 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 25 percent of the difference calculated in subparagraph (A) to the school district.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
In the 2022–23 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (A) to the school district.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
In the 2019–20 and 2020–21 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter school’s certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In the 2021–22 fiscal year, for charter schools that operate a minimum of 175 schooldays and report at least 75 percent of the total second period average daily attendance for the 2019–20 fiscal year, as described in Section 41601, the Superintendent shall allocate 25
percent of the difference calculated in subparagraph (A) to the charter school.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For a county office of education funded pursuant to paragraph (1) of subdivision (g) of Section 2575 that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 2019–20 and 2020–21 fiscal years, the Superintendent shall calculate the difference between the county office of education’s alternative education grant entitlement certified at the annual principal apportionment pursuant to Section 2574 in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A school
district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded through the school district’s local control funding formula apportionment pursuant to Section 2576.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
In each fiscal year, the allocations pursuant to this subdivision shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The amounts described in this subdivision shall be continuously appropriated from the
General Fund to the Superintendent for these purposes.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII
<html:span class="ThinSpace"/>
B,” as defined in subdivision (e) of Section 41202.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school district’s facilities, were destroyed as a
result of a state of emergency that was declared by the Governor in September 2020, all of the following shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For the 2021–22 fiscal year, for school districts, the Superintendent shall calculate the difference between the school district’s certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 2021–22 fiscal year and the 2019–20 fiscal year, including local revenue, pursuant to subdivision (j) of Section 42238.02, and any additional funds received pursuant to subdivision (e) of Section 42238.03 in excess of the entitlement calculated pursuant to Section 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the 2021–22 fiscal year, for charter schools that operate a minimum of 175
schooldays and report at least 75 percent of the total second period average daily attendance for the 2019–20 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter school’s certified second principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 2021–22 fiscal year and the 2019–20 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the
2021–22 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Allocations pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding any other law, for a school district where a school eligible for funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The school district may
continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 2021–22, 2022–23, and 2023–24 fiscal years.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The school shall be considered a necessary small school for the purpose of Section 42282 in the 2022–23 and 2023–24 fiscal years.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, paragraphs (2) and (3) shall apply for the following charter schools identified in subparagraph (A), (B), or (C) that were damaged, destroyed, or directly impacted, as a result of a state of emergency that was declared by the Governor in January 2025:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Marquez Charter, Palisades Charter Elementary, and Palisades Charter High within the Los Angeles Unified School District.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Aveson Global Leadership Academy, Aveson School of Leaders, Odyssey Charter, OCS - South, and Pasadena Rosebud Academy in the Pasadena Unified School District.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Alma Fuerte Public in the City of Pasadena.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the 2025–26 fiscal year, for charter schools identified in paragraph (1) that operate a minimum of 175 schooldays, as described in Section 41601, the Superintendent shall calculate the difference between the charter
school’s certified local control funding formula entitlement pursuant to Section 42238.02 as of the annual principal apportionment in the 2025–26 fiscal year and the first principal apportionment in the 2024–25 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Allocations pursuant to paragraph (2) shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation no sooner than the first principal apportionment.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section applies to any average daily attendance that occurs during any part of a school year.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_3DDDBEDD-E520-43D6-8A09-09B6E9A0DA86">
<ns0:Num>SEC. 27.</ns0:Num>
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Section 49001 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_886C6636-23C4-4FFF-B6E4-5E5CDA35531B">
<ns0:Num>49001.</ns0:Num>
<ns0:LawSectionVersion id="id_6BCC994F-7598-4111-A2D4-3E81042DDD67">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For the purposes of this section, “corporal punishment” means the willful infliction of, or willfully causing the infliction of, physical pain on a pupil. An amount of force that is reasonable and necessary for a person employed by or engaged in a public school to quell a disturbance threatening physical injury to persons or damage to property, for purposes of self-defense, or to obtain possession of weapons or other dangerous objects within the control of the pupil, is not and shall not be construed to be corporal punishment within the meaning and intent of this section. Physical pain or discomfort caused by athletic competition or other such recreational activity, voluntarily engaged in by the pupil, is not and shall not be construed to be corporal punishment within the meaning and intent of this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
No person employed by or engaged in a public school shall inflict, or cause to be inflicted, corporal punishment upon a pupil. Every resolution, bylaw, rule, ordinance, or other act or authority permitting or authorizing the infliction of corporal punishment upon a pupil attending a public school is void and unenforceable.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, “public school” includes a school operated by a school district or a county office of education, a charter school, a nonpublic, nonsectarian school, and a state special school for the blind or the deaf.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_E993BF8C-D741-4773-BC4C-41920267F5D3">
<ns0:Num>SEC. 28.</ns0:Num>
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Section 51140 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_26B83C50-B3BC-40A1-9EE4-09533B9894ED">
<ns0:Num>51140.</ns0:Num>
<ns0:LawSectionVersion id="id_3AE9DD07-4796-4078-B73D-CAFDED321FB6">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A drowning or injury prevention organization may provide informational materials, in electronic or hardcopy form, to a public school that serves pupils in kindergarten or any of grades 1 to 12, inclusive, in accordance with the requirements of this article, regarding all of the following topics:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The role that water safety education courses and swim lessons play in drowning prevention and saving lives.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Local water safety and swimming skills programs in the county and communities served by the public school, including free or reduced-price programs, and how to access information about age-appropriate public or private water safety courses and swimming skills programs
that result in a certificate indicating successful completion.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Contact information of the organization to receive further water safety education information.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The informational materials shall not be used to solicit funding or donations for the organization.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
It is the intent of the Legislature that public schools that receive information pursuant to paragraph (1) facilitate the sharing of that information with the parents, caregivers, or guardians of pupils.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Upon receipt of the informational materials described in subdivision (a), a public school is authorized to provide the informational materials to parents, legal guardians, or caregivers of pupils at the time the pupil enrolls at the public school and at the
beginning of each school year, and is encouraged to provide the materials described in subdivision (a) during the first week of May in the year that the informational materials were provided.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In recognition of the importance of drowning as a public health issue impacting the lives of many pupils, public schools are authorized to, and are encouraged to, provide to their pupils water safety informational materials through multiple means, including, but not limited to, school assemblies, classroom instruction, or library programs. These informational materials shall meet the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Be age and grade appropriate.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Be aligned with the information from the federal Centers for Disease Control and Prevention, as described in paragraph (1) of subdivision (a) of Section 51141, and identified by the department pursuant to Section 51900.1.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Be provided for free by drowning prevention or children safety organizations.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Upon request by a public school, a drowning or injury prevention organization that elects to provide informational materials shall provide the informational materials in English and is encouraged to provide informational materials in the other most commonly spoken languages associated with the population attending the school based on available data from the department.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_23EC01BC-3420-4BC7-A0DA-AF76F4687CE1">
<ns0:Num>SEC. 29.</ns0:Num>
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Section 69436 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_D8371882-5741-40B4-AC67-11A535FB1A3F">
<ns0:Num>69436.</ns0:Num>
<ns0:LawSectionVersion id="id_AD7F08B7-88EE-41F1-9630-F4CCE6CF6C85">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A student who was not awarded a Cal Grant A or B award pursuant to Article 2 (commencing with Section 69434) or Article 3 (commencing with Section 69435), respectively, at the time of their high school graduation but, at the time of transfer from a California community college to a qualifying baccalaureate program or upon matriculation into the upper division coursework of a community college baccalaureate program, described in Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7, meets all of the criteria set forth in subdivision (b), shall be entitled to a Cal Grant A or B award.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Any California resident transferring from a California community college to a qualifying institution that offers a baccalaureate degree or who matriculates into the upper division coursework of a community college baccalaureate program, described in Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7, is entitled to receive, and the commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall award, a Cal Grant A or B award depending on the eligibility determined pursuant to subdivision (c), if all of the following criteria are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A complete official financial aid application has been submitted or postmarked pursuant to Section 69432.9, no later than the March 2 of the year immediately preceding the award year.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The student demonstrates
financial need pursuant to Section 69433.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The student has earned a community college grade point average of at least 2.4 on a 4.0 scale and is eligible to transfer to a qualifying institution that offers a baccalaureate degree.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The student’s household has an income and asset level not exceeding the limits set forth in Section 69432.7.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The student is pursuing a baccalaureate degree that is offered by a qualifying institution.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The student is enrolled at least part time.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The student meets the general Cal Grant eligibility requirements set forth in Article 1 (commencing with Section 69430).
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The student
will not be 28 years of age or older by December 31 of the award year.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The student graduated from a California high school or its equivalent during or after the 2000–01 academic year.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided for in subparagraph (B), the student attended a California community college in the academic year immediately preceding the academic year for which the award will be used.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A student otherwise eligible to receive an award pursuant to this section, who attended a California community college in the 2011–12 academic year, may use the award for the 2012–13 and 2013–14 academic years.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The amount and type of the award pursuant to this article shall be determined as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For applicants with income and assets at or under the Cal Grant A limits, the award amount shall be the amount established pursuant to Article 2 (commencing with Section 69434).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For applicants with income and assets at or under the Cal Grant B limits, the award amount shall be the amount established pursuant to Article 3 (commencing with Section 69435).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A student meeting the requirements of paragraph (9) of subdivision (b) by means of high school graduation, rather than its equivalent, shall be required to have graduated from a California high school, unless that California resident graduated from a high school outside of California due solely to orders received from a branch of the United States Armed Forces by that student or by that student’s parent or guardian that required that
student to be outside of California at the time of high school graduation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the purposes of this article, all of the following are exempt from the requirements of paragraph (4) of subdivision (a) of Section 69433.9 and paragraph (9) of subdivision (b) of this section:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A student for whom a claim under this article was paid before December 1, 2005.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A student for whom a claim under this article for the 2004–05 award year or the 2005–06 award year was or is paid on or after December 1, 2005, but no later than October 15, 2006.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Commencing with the 2017–18 academic year, a student who did not graduate from high school or its equivalent and was a California resident, as determined pursuant to Article 5 (commencing with Section 68060) of
Chapter 1 of Part 41, on their 18th birthday.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall make preliminary awards to all applicants currently eligible for an award under this article. At the time an applicant receives a preliminary award, the commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall require that applicant to affirm, in writing, under penalty of perjury, that they meet the requirements set forth in paragraph (4) of subdivision (a) of Section 69433.9, paragraph (9) of subdivision (b) of this section, and paragraph (1) of this subdivision. The commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall notify each person who receives a preliminary award under this paragraph that their award is subject to an audit pursuant to subparagraph (B).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The commission shall select, at random, a minimum of 10 percent of the new and renewal awards made under subparagraph (A), and shall require, before the disbursement of Cal Grant funds to the affected postsecondary institution, that the institution verify that the recipient meets the requirements of paragraph (4) of subdivision (a) of Section 69433.9, paragraph (9) of subdivision (b) of this section, and paragraph (1) of this subdivision. An award that is audited under this paragraph and found to be valid shall not be subject to a subsequent audit.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Pursuant to Section 69517.5, the commission shall seek repayment of any and all funds found to be improperly disbursed under this article.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
On or before November 1 of each year, the commission shall submit a report to the Legislature and the Governor, including,
but not necessarily limited to, both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The number of awards made under this article in the preceding 12 months.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The number of new and renewal awards selected, in the preceding 12 months, for verification under subparagraph (B), and the results of that verification with respect to students at the University of California, at the California State University, at independent nonprofit institutions, and at independent for-profit institutions.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_AFDE7188-251D-4E33-8799-3687CC912CDA">
<ns0:Num>SEC. 30.</ns0:Num>
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Section 70022 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_5BDA7518-00D3-4ECE-889B-6A1B29D66F82">
<ns0:Num>70022.</ns0:Num>
<ns0:LawSectionVersion id="id_08257FD0-116C-4908-9D5D-906CE98B3E06">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Subject to an available and sufficient appropriation, an undergraduate student enrolled in the California State University or the University of California, or a community college student enrolled in upper division coursework of a community college baccalaureate program, described in Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7, who meets the requirements of paragraph (3) is eligible for a scholarship award as described in paragraph (2).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For the 2013–14 to the 2021–22 academic years,
inclusive, except as provided in paragraphs (4) and (5), an eligible student shall receive a scholarship award in an amount that, combined with other federal, state, or institutionally administered student grants or fee waivers received by an eligible student, is up to 40 percent of the amount charged to that student in that academic year for mandatory systemwide tuition and fees, or for an eligible community college student, up to 40 percent of the amount charged to that student in upper division fees for a community college baccalaureate degree program, if all of the requirements in paragraph (3) are met, to the satisfaction of the commission, each academic year.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For the 2022–23 academic year, except as provided in paragraph (5), an eligible student shall receive a scholarship award in an amount that equals the difference between their cost of attendance as determined by the commission and the sum of the following
amounts:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Other federal, state, and institutionally administered student scholarships, grants, or fee waivers, and the amount of private scholarships awarded to the student in excess of the sum of the amounts in clauses (ii) and (iii).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Seven thousand eight hundred ninety-eight dollars ($7,898), reflecting an expected student contribution toward cost of attendance from work earnings or other resources.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Notwithstanding Section 69506, for dependent students with an annual household income exceeding one hundred thousand dollars ($100,000), 33 percent of the parents’ contribution from adjusted available income, as determined using the federal methodology established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1087mm et seq.), and applicable rules and regulations
adopted by the commission.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For the 2023–24 academic year, except as provided in paragraph (5), an eligible student shall receive a scholarship award in an amount that equals the difference between their cost of attendance as determined by the commission and the sum of the following amounts:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Other federal, state, and institutionally administered student scholarships, grants, or fee waivers.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The amount of private grants and scholarships awarded to the student, and institutionally awarded emergency housing funds and other basic needs emergency assistance awarded to the student, including emergency assistance awarded by an institution-based foster youth support program, in excess of the sum of the amounts in clauses (iii) and (iv).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Seven
thousand eight hundred ninety-eight dollars ($7,898), reflecting an expected student contribution toward cost of attendance from work earnings or other resources.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Notwithstanding Section 69506, for dependent students with an annual household income exceeding one hundred thousand dollars ($100,000), 33 percent of the parents’ contribution from adjusted available income, as determined using the federal methodology established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1087mm et seq.), and applicable rules and regulations adopted by the commission.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Commencing with the 2024–25 academic year, except as provided in paragraph (5), an eligible student shall receive a scholarship award in an amount that equals the difference between their cost of attendance as determined by the commission and the sum of the following amounts:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Other federal, state, and institutionally administered student need-based scholarships, grants, or fee waivers.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The amount of private grants and scholarships awarded to the student, and institutionally administered non-need-based scholarships and institutionally awarded emergency housing funds or other basic needs emergency assistance awarded to the student, including emergency assistance awarded by an institution-based foster youth support program, in excess of the sum of the amounts in clauses (iii) and (iv).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
An expected student contribution toward cost of attendance from work earnings or other resources. The commission shall adjust the 2023–24 amount of seven thousand eight hundred ninety-eight dollars ($7,898) annually thereafter based on the percentage change in the minimum
wage pursuant to paragraph (1) of subdivision (c) of Section 1182.12 of the Labor Code.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Notwithstanding Section 69506, for dependent students with an annual household income exceeding one hundred thousand dollars ($100,000), 33 percent of the parents’ contribution from adjusted available income, as determined using the federal methodology established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1087mm et seq.), and applicable rules and regulations adopted by the commission.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
If a student’s total award under this article, in combination with other grants and scholarships treated as estimated financial assistance (EFA) or other financial assistance (OFA) pursuant to federal financial aid regulations, exceeds the allowable gift aid under those regulations, the award under this article shall be
reduced to the greatest allowable award to maintain compliance pursuant to federal financial aid regulations.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
If an award in clause (i) of subparagraph (D) of less than three hundred dollars ($300) is identified following the determination of a student’s scholarship award under this article, the student’s scholarship award under this article shall not require a recalculation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A student shall be eligible to receive an award if all of the following requirements are met, to the satisfaction of the commission, each academic year:
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For each academic year from 2013–14 to 2021–22, inclusive, the student’s annual household income does not exceed one hundred fifty thousand dollars ($150,000). For awards distributed for the 2016–17 academic year and subsequent
academic years, the commission shall annually adjust the maximum income level set under this clause in accordance with the percentage changes in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution. For purposes of this article, annual household income shall be calculated in a manner that is consistent with the requirements applicable to the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program (Chapter 1.7 (commencing with Section 69430)) and Section 69506.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Commencing with the 2022–23 academic year, the student’s annual household income does not exceed the following amounts:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Two hundred one thousand dollars ($201,000) if the student is a dependent student or an independent student with dependents other than a spouse.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
One hundred thirty-three thousand dollars ($133,000) if the student is a married independent student with no dependents other than a spouse.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
One hundred sixteen thousand dollars ($116,000) if the student is a single independent student with no dependents.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For awards distributed for the 2023–24 academic year and subsequent academic years, the commission shall annually adjust the maximum income levels set under clause (ii) in accordance with the percentage changes in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution. For purposes of this article, annual household income shall be calculated in a manner that is consistent with the requirements applicable to the Ortiz-Pacheco-Poochigian-Vasconcellos Cal
Grant Program (Chapter 1.7 (commencing with Section 69430)) and Section 69506.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For each academic year from 2015–16 to 2021–22, inclusive, the student’s household asset level shall not exceed one hundred fifty thousand dollars ($150,000). For awards distributed in the 2016–17 academic year and subsequent academic years, the commission shall annually adjust the maximum household asset level set under this clause in accordance with the percentage changes in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution. For purposes of this article, a student’s household asset level shall be calculated in a manner that is consistent with the requirements applicable to the Ortiz-Pacheco-Poochigian-Vasconcellos Cal
Grant Program (Chapter 1.7 (commencing with Section 69430)) and Section 69506.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Commencing with the 2022–23 academic year, the student’s household asset level does not exceed the following amounts:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Two hundred one thousand dollars ($201,000) if the student is a dependent student or an independent student with dependents other than a spouse.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Ninety-six thousand dollars ($96,000) if the student is a single independent student with no dependents or a married independent student with no dependents other than a spouse.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For awards distributed in the 2023–24 academic year and subsequent academic years, the commission shall annually adjust the maximum household asset level set under clause (ii) in accordance with the percentage changes in the
cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution. For purposes of this article, a student’s household asset level shall be calculated in a manner that is consistent with the requirements applicable to the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program (Chapter 1.7 (commencing with Section 69430)) and Section 69506.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The student satisfies the eligibility requirements for a Cal Grant award pursuant to either subdivision (a) or (b) of Section 69433.9, except that a student who is exempt from nonresident tuition under Section 68130.5 shall not be required to satisfy the requirements of paragraph (1) of subdivision (a) of Section 69433.9.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The student is exempt from paying nonresident tuition.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The
student completes and submits a Free Application for Federal Student Aid (FAFSA) or a California Dream Act application. The FAFSA or California Dream Act application must be submitted or postmarked by no later than March 2.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The student makes a timely application or applications for all other federal, state, or institutionally administered grants or fee waivers for which the student is eligible.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The student maintains satisfactory academic progress in a manner that is consistent with the requirements applicable to the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program pursuant to subdivision (m) of Section 69432.7.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The student is pursuing the student’s first undergraduate baccalaureate degree or has completed a baccalaureate degree and has been admitted to, and is enrolled in, a program of professional
teacher preparation at an institution approved by the Commission on Teacher Credentialing.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
The student is enrolled at least part time.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For each academic year from 2013–14 to 2021–22, inclusive, the percentages specified in paragraph (2) shall be reduced by 0.6-percent increments per one thousand dollars ($1,000) of annual household income in excess of one hundred thousand dollars ($100,000), to a minimum of 10 percent, provided that no scholarship award shall be provided to a student with an annual household income exceeding one hundred fifty thousand dollars ($150,000). Beginning with award calculations for the 2016–17 academic year, and for subsequent academic years, the commission shall annually adjust the income levels specified in this
subparagraph by the percentage change in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution and shall adjust the incremental reduction accordingly to ensure that a minimum of 10 percent of mandatory systemwide tuition and fees for an academic year are awarded. This reduction shall be in addition to any reduction required by Section 70023.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), for each academic year from 2013–14 to 2021–22, inclusive, for any student who qualifies for a scholarship award of at least one dollar ($1), the minimum annual scholarship amount for full-time enrollment is ninety dollars ($90).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For the 2014–15, 2015–16, and 2016–17 academic years, the maximum amount of a student’s scholarship award shall be 35 percent, 50 percent, and
75 percent, respectively, of the total scholarship award amount that the student would otherwise be eligible to receive.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Commencing with the 2022–23 academic year, except as provided in subparagraph (D), the maximum amount of a student’s scholarship award shall be determined by the percentage determined pursuant to subparagraph (C) of the total scholarship award amount that the student would otherwise be eligible to receive.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The commission shall annually determine the percentage required for purposes of subparagraph (B) by taking the amount appropriated for purposes of this program for the applicable award year, less the amount necessary to fund subparagraph (D), and dividing that by the sum of the projected amount computed pursuant to subparagraph (B), (C), or (D) of paragraph (2) for the applicable award year for all eligible students, except those affected by
subparagraph (D).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Commencing with the 2023–24 academic year, a current or former foster youth, as defined in paragraph (2) of subdivision (e) of Section 69433.6, shall receive a scholarship award in the full amount determined in subparagraph
(C) or (D) of paragraph (2), as adjusted, if applicable, pursuant to paragraph (2) of subdivision (d).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In order for students enrolled in their respective segments to remain eligible to receive a scholarship award under this article, the University of California and the California State University shall not supplant their respective institutional need-based or merit-based grants with the funds provided for scholarships under this article. The University of California and the California State University shall ensure that the amount of institutional student aid provided in each academic year beginning with the 2022–23 academic year is adjusted annually to account for increases in systemwide undergraduate enrollment, as applicable, such that the proportion of institutional student aid relative to systemwide undergraduate enrollment is maintained at a level at least equivalent to the level maintained for undergraduate students
during the 2021–22 academic year. The University of California and the California State University shall also ensure that at least 33 percent of the revenues of an increase to existing mandatory systemwide fees charged to undergraduate students is set aside by the regents or the trustees, as applicable, for institutional student aid to assist resident undergraduate students, including those undergraduate students exempt from nonresident tuition pursuant to Sections 68075.5 and 68130.5, and families in meeting the total cost of education.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The University of California and the California State University shall report on the implementation of this article as part of the report made pursuant to Section 66021.1. At a minimum, the report shall add the following information, by parental income level or expected family contribution deciles, for the prior academic year:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The number and percentage of students receiving an award under this article and the average dollar amount of that award.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The number and percentage of students receiving a student loan and the average amount borrowed.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The report shall also include the following information by campus for the prior academic year:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The cost of attendance for undergraduates in each living arrangement (on campus, off campus, or at home with parents).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The number and percentage of undergraduates in each living arrangement (on campus, off campus, or at home with parents).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A Middle Class Scholarship Program award authorized pursuant to this article shall
be defined as a full-time equivalent grant. An award to a part-time student shall be a fraction of a full-time grant. For each academic year from 2013–14 to 2021–22, inclusive, an award to a part-time student shall be determined by the proportionate amount charged for systemwide tuition and fees. A part-time student shall not be discriminated against in the selection of Middle Class Scholarship Program awards. For purposes of this section, “full-time student” and “part-time student” have the same meaning as specified in subdivision (f) of Section 69432.7.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Commencing with the 2022–23 academic year, an award to a student enrolled in six to eight semester units, inclusive, or the equivalent shall be no more than one-half of the award the student would have received had the student enrolled full time. An award to a student enrolled in 9 to 11 semester units, inclusive, or the equivalent shall be no more than three-quarters of the award the
student would have received had the student enrolled full time.
</html:p>
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<ns0:BillSection id="id_1D7A5924-AF76-498C-9C73-48460B265A30">
<ns0:Num>SEC. 31.</ns0:Num>
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Section 70034 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_0B471C73-2D59-41F7-A965-29A18357F638">
<ns0:Num>70034.</ns0:Num>
<ns0:LawSectionVersion id="id_D9DBA466-0674-4FB3-B152-0F94C963C370">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The amount of a DREAM loan offered to an individual student by a participating institution shall be determined by the institution, subject to the following provisions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The loan may not exceed the financial need of the student.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A student who is enrolled in an undergraduate program may not borrow more than four thousand dollars ($4,000) under this program within a single academic year.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A student who is enrolled in a graduate program may not borrow more than twenty thousand five hundred dollars ($20,500) under this program within a single academic year.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A student who is enrolled in an undergraduate program may not borrow, as an undergraduate student, more than twenty thousand dollars ($20,000) in the aggregate under the program.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A student who is enrolled in a graduate program may not borrow, as a graduate student, more than one hundred eighteen thousand five hundred dollars ($118,500) in the aggregate under the program.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A student may not borrow more than one hundred thirty-eight thousand five hundred dollars ($138,500) in the aggregate under the program, consistent with the limitations specified in subparagraphs (A) and (B).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The proportion of program funding used for instructional programs and for graduate programs shall be determined at the discretion of the
participating institution. Priority shall be given to loans for instructional programs.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The interest rate for loans issued under the program shall be the same as the then-current interest rate for undergraduate loans under the William D. Ford Federal Direct Loan Program (20 U.S.C. Sec. 1087a et seq.).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Except as provided in subdivision (d), the standard repayment term for a DREAM loan shall be 10 years. Repayment shall commence following a six-month grace period that begins when a student graduates or ceases to maintain at least half-time enrollment in a degree or certificate program.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
On or before January 1, 2020, a participating institution shall adopt procedures allowing a borrower to select an income-based repayment plan for the repayment of a DREAM loan, in accordance with the standards set forth in
the William D. Ford Federal Direct Loan Program for income-based repayment plans.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Interest shall not accrue on a DREAM loan during periods of at least half-time enrollment in a degree or certificate program or during the six-month grace period specified in subdivision (c).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Eligibility for deferment, discharge, or forbearance of a DREAM loan shall be determined by the participating institution in accordance with the standards set forth in the William D. Ford Federal Direct Loan Program.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
On or before January 1, 2024, a participating institution shall establish loan forgiveness options for borrowers who receive a DREAM loan with similar standards as those set forth in the William D. Ford Federal
Perkins Loan Program.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A borrower shall qualify for administrative relief consistent with the standards set forth in the Federal Direct Loan Program during periods of national emergency declared by the President of the United States.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A borrower shall qualify for any state of emergency administrative forbearance on student loans that is provided by the Governor by executive order or the participating institution.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A borrower shall be granted administrative relief for 90 days if the borrower lives or works where a natural disaster has occurred upon notification by the borrower, a member of the borrower’s family, or another reliable source that the borrower has been affected by the natural disaster.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Participating
institutions shall use a common promissory note, approved by the Treasurer, to issue DREAM loans.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_F29D14E7-73BE-46BD-BF98-CBD47E8F71E4">
<ns0:Num>SEC. 32.</ns0:Num>
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Section 88821 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_B12D1822-F3D2-4B2A-B4EA-4653089E2BDE">
<ns0:Num>88821.</ns0:Num>
<ns0:LawSectionVersion id="id_9F7206A0-1DAC-41CC-A789-C1A6899BD0A2">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
California’s economic competitiveness is fueled, in part, by the strength of its regional economies and its skilled workforce.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upward social and economic mobility helps keep the state’s economy diversified and vibrant.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The attainment of industry-valued “middle skill credentials” serves as a gateway for a large and diverse number of careers in the state’s economy.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
California’s local educational agencies, community college districts, interested public four-year universities, local workforce
development boards, economic development and industry leaders, and local civic representatives should collaboratively work together to inform the offerings of courses, programs, pathways, and workforce development opportunities that enable students to access the current and future job market and further social and economic mobility.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Strong Workforce Program is hereby established as a K–14 state education, economic, and workforce development initiative for the purpose of expanding the availability of high-quality, industry-valued career technical education and workforce development courses, programs, pathways, credentials, certificates, and degrees.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
To facilitate program coordination and alignment with other workforce training, education, and employment services in the state, the Strong Workforce Program shall operate in a manner that complies with the California
Strategic Workforce Development Plan, required pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128), and expand upon existing consortia infrastructure.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
To avoid duplication of effort, activities funded under the Strong Workforce Program shall be informed by, aligned with, and expand upon the activities of existing workforce and education regional partnerships, including those partnership activities that pertain to regional planning efforts established pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128), adult education block grant consortia, and other career technical education programs.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
All of the following guiding principles apply to each consortium participating in the Strong Workforce Program:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Any community college district or local
educational agency participating in the consortium shall ensure that its career technical education and workforce development courses, credentials, certificates, degrees, programs, and pathway offerings, as applicable, are responsive to the needs of employers, workers, civic leaders, and students.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The consortium shall collaborate with other public institutions, including, but not limited to, adult education consortia, local workforce development boards, and interested California State University and University of California institutions.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The consortium shall collaborate with civic representatives, representatives from the labor community, and economic development and industry sector leaders within the region.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The consortium shall include collaborating entities and persons identified in this subdivision in
planning meetings, provide them with adequate notice of the consortium’s proposed decisions, and solicit, consider, and respond to comments from them regarding the consortium’s proposed decisions.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Collaborative efforts shall focus upon evidence-based decisionmaking and student success with workforce outcomes aligned with the performance accountability measures of the federal Workforce Innovation and Opportunity Act (Public Law 113-128), and closing labor market and employment gaps. Each consortium shall strive to align programmatic offerings in the most effective and efficient manner to avoid duplication of effort and streamline access to services, and education and training opportunities.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Community college districts, local educational agencies, and other entities participating in a consortium are encouraged to develop long-term partnerships with private sector employers
and labor partners to provide coordinated courses, programs, and pathways with employer involvement in the assessment, planning, and development of career technical education courses, programs, and pathways. To the extent practicable, employer partnerships should build upon regional partnerships formed pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128) and other state or federal programs.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Community college districts, local educational agencies, and other entities participating in a consortium are encouraged to develop and work closely with public and private organizations that offer workforce development programs and pathways to individuals with autism and other developmental disabilities to provide a comprehensive approach to address workforce readiness and employment.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The chancellor’s office shall, in consultation with the California
Workforce Development Board, the Academic Senate for California Community Colleges, and its partners formed pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128), as applicable, develop and implement policies and guidance necessary to implement the Community College component of the Strong Workforce Program, including policies and guidance necessary for consortia, including community college districts and their regional partners, to increase the number of aligned middle skill and career technical education courses, programs, pathways, credentials, certificates, and degrees. No later than June 30, 2017, the chancellor’s office shall develop and implement policies and guidance pursuant to this subdivision and bring before the Board of Governors of the California Community Colleges any policies, regulations, and guidance necessary to accomplish all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Facilitate the development, implementation,
and sharing of career technical education effective practices, curriculum models and courses, and community college credentials, certificates, degrees, and programs across regions and among community college districts.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Enable community college districts to develop career technical education and workforce outcomes, and applicable associate degrees and certificates as appropriate.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Provide accessible performance and labor market data that can be used flexibly by participating community college districts and their regional partners to support the implementation of the Strong Workforce Program and related efforts to align regional workforce and education programming with regional labor market needs.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Encourage local efficiency through coordinated and collaborative regional workforce efforts in which community
college districts are partners.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Support curriculum processes to ensure that students are able to efficiently transfer college-level career technical education credits across community college districts and to the California State University and the University of California.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Improve sector-based engagement with employers within a region.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Provide, in partnership with employers, work-based learning opportunities for students that increase their employability and earning potential.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Enable community college districts to facilitate and optimize their resources to support the Strong Workforce Program and other related regional workforce development efforts.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Ensure that
community college district Strong Workforce Program expenditures are focused on improving student success with workforce outcomes for all students enrolled in community college career technical education courses, programs, and pathways.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For the Community College component only, notwithstanding the June 30, 2017, implementation date specified in this subdivision, develop and implement a plan to streamline the course and curriculum approval process, both at the state and local levels. The plan shall reflect an expedited state approval process for career technical education courses, programs, and certificates, and may include the elimination of an existing state course and program approval process. The plan shall reflect one of the following two options:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A process of course and curriculum approval that enables community college districts to develop
a course or program within one academic year and to offer that course or program the subsequent academic year.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A process of course and curriculum approval that enables community college districts to develop a course or program within one academic semester and to offer that course or program the subsequent academic semester.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The plan described in subparagraph (A) shall also reflect the creation of a process that enables career technical education courses and programs to be portable among community college districts. This process shall enable a community college district to adapt, adopt, or adapt and adopt another community college district’s approved career technical education courses, programs, and curriculum within one academic semester and to offer that course or program, or use that curriculum, the subsequent academic semester.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The chancellor’s office shall consult with the Legislature and the Governor before implementing the plan. The plan shall be developed no later than July 1, 2017, and implemented no later than January 1, 2018.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Eliminate barriers to hiring qualified instructors for career technical education courses, including reevaluating the required minimum qualifications for career technical education instructors.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Community college districts are encouraged to expedite the development of targeted credit or noncredit short-term workforce training programs, in accordance with all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Short-term workforce training programs that focus on economic recovery and result in job placement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Short-term workforce training programs that focus on the reskilling and upskilling of individuals.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Short-term workforce training programs that have at least one proven employer partner, demonstrate job vacancies, and submit verification to the chancellor’s office.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of subparagraph (A), verification includes the projected number of individuals served, completion rates, and job placement rates.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
It is the intent of the Legislature that, where possible, short-term noncredit workforce training programs should be used to be responsive to the workforce training needs of employers, with the ability to transition to credit or noncredit courses and programs upon successful completion of a program established pursuant to this subdivision. Colleges are encouraged
to develop workforce training that uses competency-based approaches, and applies credit for prior learning where possible.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
After June 30, 2017, and only as necessary, the chancellor’s office may develop and implement revised policies
and guidance for the Community College component only, and bring regulations before the Board of Governors of the California Community Colleges as necessary for a community college district and its regional partners to accomplish both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Implement and expand the amount of aligned middle skill and career technical education credentials, certificates, degrees, courses, programs, and pathways in accordance with paragraphs (1) to (11), inclusive, of subdivision (f).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Implement the recommendations of the Strong Workforce Task Force.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
No later than June 30, 2026, the chancellor’s office shall revise any policies, regulations, and guidance necessary to provide students, employers, or both, with paid work-based learning opportunities that may be directly supported with funds apportioned
directly to a community college district pursuant to clause (iv) of subparagraph (B) of paragraph (2) of subdivision (c) of Section 88825.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this section, the chancellor’s office shall consider input provided by relevant stakeholders, including the Academic Senate of the California Community Colleges, the Workforce Pathways Joint Advisory Committee, and the California Workforce Development Board, before implementing revised guidance, policies, or regulatory changes for the Community College component.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of the Community College component and in compliance with the consultation requirements in Sections 70901 and 70902, the Academic Senate of the California Community Colleges shall establish a career technical education subcommittee to provide recommendations on career technical education issues. No less than 70 percent of
the subcommittee shall consist of career technical education faculty. The subcommittee’s charter shall require it to provide assistance to community college districts to ensure that career technical education and its instruction is responsive and aligned to current and emergent industry trends, and ensure that similar courses, programs, and degrees are portable among community college districts.
</html:p>
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<ns0:Num>SEC. 33.</ns0:Num>
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Section 6915 of the
<ns0:DocName>Elections Code</ns0:DocName>
is amended to read:
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<ns0:Num>6915.</ns0:Num>
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<ns0:Content>
<html:p>In submitting this state’s certificate of ascertainment as required by Section 5 of Title 3 of the United States Code, the Governor shall certify this state’s electors and state in the certificate that:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The electors will serve as electors unless a vacancy occurs in the office of elector before the end of the meeting at which elector votes are cast, in which case a substitute elector will fill the vacancy.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If a substitute elector is appointed to fill a vacancy, the Governor will submit an amended certificate of ascertainment stating the names on the final list of this state’s electors.
</html:p>
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<ns0:BillSection id="id_7B226677-03F8-435D-9201-1664436813C4">
<ns0:Num>SEC. 34.</ns0:Num>
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Section 12304 of the
<ns0:DocName>Elections Code</ns0:DocName>
is amended to read:
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<ns0:Num>12304.</ns0:Num>
<ns0:LawSectionVersion id="id_B9A99823-4C8E-418A-BC4E-B3D3A919D861">
<ns0:Content>
<html:p>The composition of the precinct board shall be determined by the elections official based on election precinct size. The precinct board shall consist of a minimum of one inspector and two clerks. Additional clerk positions may be allocated in proportion to the number of registered voters within the precinct.</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_CD673D13-CF23-4EB6-9C05-14C5AB23C1F6">
<ns0:Num>SEC. 35.</ns0:Num>
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Section 12309 of the
<ns0:DocName>Elections Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_79C85585-C8EB-49A4-BFD5-1786A071D397">
<ns0:Num>12309.</ns0:Num>
<ns0:LawSectionVersion id="id_B87AEE72-F94B-441C-9C90-FC9D004FEF1E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Following the appointment of members of precinct boards, the elections official shall instruct inspectors so appointed concerning their duties in connection with the conduct of the election, which instruction shall conform to the uniform standards adopted by the Secretary of State pursuant to Section 12309.5.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A person may not serve as an inspector of a precinct board at an election unless instruction has been received in accordance with this section except that, in the case of the emergency disability of a regular inspector, substitute inspectors shall be given any instruction found necessary by the elections official.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
At the request of the elections official, the legislative body may
contract with any qualified person or organization for purposes of instructing inspectors in accordance with this section.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_281484FF-41F6-4786-8942-0E7B740F0E66">
<ns0:Num>SEC. 36.</ns0:Num>
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Section 5654 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_3F9848E7-8F07-4966-9A35-CAD8B13FD5C2">
<ns0:Num>5654.</ns0:Num>
<ns0:LawSectionVersion id="id_4B884EA2-DC6C-4ECF-AD39-0BC6008C6A19">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The director, after a notification of a spill or discharge, as those terms are defined in Section 8670.3 of the Government Code, where any fishing, including all commercial, recreational, and nonlicensed subsistence fishing, may take place, or where aquaculture operations are taking place, may close all waters in the vicinity of the spill or discharge or where the spilled or discharged material has spread, or is likely to spread, to the take of all fish or shellfish, or may restrict the take or possession of all fish or shellfish in those waters. In determining where a spill or discharge is likely to
spread, the director shall consult with the Administrator of the Office of Spill Prevention and Response. At the time of closure, the department shall make all reasonable efforts to notify the public of the closure, including notification to commercial and recreational fishing organizations, and posting of warnings on public piers and other locations where subsistence fishing is known to occur. The department shall coordinate, when possible, with local and regional agencies and organizations to expedite public notification.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Closure pursuant to paragraph (1) shall be required if the Office of Environmental Health Hazard Assessment finds that a public health threat exists or is likely to exist. In determining the need for a closure, the director shall initiate consultation with the Office of Environmental Health Hazard Assessment no later than 24 hours after a notification of a spill or discharge regarding the likelihood of a public health
threat, if any of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
There is a reported volume of one or more barrels of oil spilled or discharged in inland or estuarine waters or enclosed bays.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
There is a reported volume of one or more barrels of oil spilled or discharged and the oil is impacting coastal shorelines.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
There is a reported volume of five or more barrels of oil spilled or discharged in open ocean waters.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If none of the conditions in paragraph (2) are met, the director may consult with the Office of Environmental Health Hazard Assessment regarding the likelihood of a public health threat.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Within 48 hours after a closure pursuant to subdivision (a), both of the following
shall occur:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The Office of Environmental Health Hazard Assessment shall assess the danger posed to the public from fishing in the area where the spill or discharge occurred or spread, and the danger of consuming fish or shellfish taken in the area where the spill or discharge occurred or spread.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The director shall, in consultation with the Office of Environmental Health Hazard Assessment, determine whether the areas closed to the take of fish or shellfish should be revised to prevent any potential take or consumption of any fish or shellfish that may have been contaminated by the spill or discharge, as determined pursuant to paragraph (1).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Within 48 hours after a closure pursuant to subdivision (a), or as soon as is feasible, the director, in consultation with the Office of Environmental Health Hazard
Assessment, shall assess and determine the potential danger from consuming fish or shellfish that have been contained in a recirculating seawater tank onboard a vessel that may become contaminated by the vessel’s movement through an area where the spill or discharge occurred or spread.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the Office of Environmental Health Hazard Assessment finds in the assessment pursuant to subdivision (b) that there is no significant risk to the public or to the fisheries, the director may immediately reopen a closed area and waive the testing requirements of subdivision (e).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Except under the conditions specified in subdivision (d), after complying with subdivisions (a) and (b), the director, in consultation with the Office of Environmental Health Hazard Assessment, within seven days after a closure, shall order expedited tests of fish or shellfish that would have been open for take for
commercial, recreational, or subsistence purposes in the closed area if not for the closure, to determine the levels of contamination, if any, and whether the fish or shellfish is safe for human consumption.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
As soon as possible after receiving a notification from the Office of Environmental Health Hazard Assessment that no threat to human health exists from the spill or discharge or that no contaminant from the spill or discharge is present that could contaminate fish or shellfish, the director shall reopen the areas closed pursuant to this section in a manner that promotes fair and orderly fisheries. The director shall maintain a closure in any remaining portion of the closed area where the Office of Environmental Health Hazard Assessment finds contamination from the spill or discharge persists that may adversely affect human health.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The
director, in consultation with the commission, may also maintain a closure in any remaining portion of the closed area where commercial fishing or aquaculture occurs and where the department determines, pursuant to this paragraph, that contamination from the spill or discharge persists that may cause the waste of commercial fish or shellfish as regulated by Section 7701.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
To the extent feasible, the director shall consult with representatives of commercial and recreational fishing associations and subsistence fishing communities regarding the extent and duration of a closure, testing protocols, and findings. If a spill or discharge occurs within the lands governed by a Native American tribe or affects waters flowing through tribal lands, or tribal fisheries, the director shall consult with the affected tribal governments.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The director shall, and the Office of Environmental
Health Hazard Assessment may, seek full reimbursement from the responsible party or parties for the spill or discharge for all reasonable costs incurred by the department or the Office of Environmental Health Hazard Assessment, respectively, in carrying out this section, including, but not limited to, all testing.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
It is unlawful to take any fish or shellfish from any waters closed pursuant to this section or to otherwise violate any restriction imposed pursuant to this section.
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<ns0:Num>SEC. 37.</ns0:Num>
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Section 21283 of the
<ns0:DocName>Food and Agricultural Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_AC4B241F-5E2D-42DF-AE0F-5AAEA3E252AD">
<ns0:Num>21283.</ns0:Num>
<ns0:LawSectionVersion id="id_2294A061-C2AB-40E8-B2A8-A99F4689ECB7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Unless otherwise provided in this article, inspection fees shall be paid at the point of inspection.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The fee for inspection is one dollar and sixty cents ($1.60) for each animal that is inspected, except as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The fee for inspection at a registered feedlot, as defined in Section 20015, is eighty-five cents ($0.85) for each animal that is inspected.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The fee for inspecting an animal that originated in another state and
was shipped into this state for feeding direct to a registered feedlot is sixty cents ($0.60) for each animal that is inspected.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The fee for inspecting an animal that was inspected at a posted stockyard, or posted saleyard, in this state, and shipped direct to a registered feedlot, is sixty cents ($0.60) for each animal that is inspected.
</html:p>
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<ns0:Num>SEC. 38.</ns0:Num>
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Section 1031.5 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_E97657C8-9A93-45D1-9DD2-B17BA75E7334">
<ns0:Num>1031.5.</ns0:Num>
<ns0:LawSectionVersion id="id_E48EB131-8664-4C4E-8F2F-690FC4E21192">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to the standards in Section 1031, commencing January 1, 2031, each state officer and employee designated as a peace officer as described in Section 830.1, with the exception of those described in subdivision (c) of that section, 830.2, with the exception of those described in subdivision (d) of that section, 830.3, 830.32, or 830.33 of the Penal Code, or any other peace officer employed by an agency that participates in the Peace Officer Standards and Training (POST) program shall attain one or more of the following degrees or certificates no later than 36 months after receiving their basic certificate by the commission:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An associate’s degree from a community college that is accredited by an agency recognized by the
United States Department of Education.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A bachelor’s degree or other advanced degree from a college or university that is accredited by an agency recognized by the United States Department of Education.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A modern policing degree, as described in subdivision (b).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A professional policing certificate, as described in subdivision (c).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), a person who is either of the following shall attain one or more of the degrees or certificates set forth in subparagraph (A), (B), (C), or (D) of paragraph (1) no later than 48 months after receiving their basic certificate by the commission:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An individual with experience as a sworn peace officer from another
state who served as a peace officer for less than eight years and with a separation in good standing.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An individual with experience serving in the Armed Forces of the United States who served for less than eight years and with an honorable discharge if their military service has concluded.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Paragraph (1) does not apply to either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An individual with at least eight years of experience as a sworn peace officer from another state and with a separation in good standing.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An individual with at least eight years of military service in the Armed Forces of the United States and with an honorable discharge if military service has concluded.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A modern policing degree
shall meet all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Require at least 60 semester units or 90 quarter units of degree-applicable credit coursework from a college or university that is accredited by an agency recognized by the United States Department of Education.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Award credits for required commission-certified academy course instruction.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Offer courses that include, but are not limited to, the following list of subjects:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Communications.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Psychology.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Writing.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Ethics.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Criminal
Justice.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A professional policing certificate may be offered by any accredited college or university, and shall meet all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Require at least 16 semester units or 24 quarter units of degree-applicable credit coursework from a college or university that is accredited by an agency recognized by the United States Department of Education.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Offer courses that include, but are not limited to, the following list of subjects:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Communications.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Psychology.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Writing.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Ethics.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Criminal Justice.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Coursework completed as part of the commission-certified academy shall count toward a modern policing degree as described in subdivision (b) or a professional policing certificate as described in subdivision (c) and may count toward any associate degree or bachelor’s degree described in subparagraph (A)
or (B) of paragraph (1) of subdivision (a).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Coursework completed as part of military or law enforcement training that is within the curriculum of a modern policing degree as described in subdivision (b) or a professional policing certificate as described in subdivision (c) by an individual during prior employment in the military or in law enforcement in another state may count toward a modern policing degree as described in subdivision (b) or a professional policing certificate as described in subdivision (c).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Coursework completed as part of the commission-certified academy shall not solely satisfy the unit requirement for a professional policing certificate.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section does not apply to any person who, as of December 31, 2030, is currently enrolled in a basic
academy or is employed as a peace officer by a public entity in California.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section does not apply to any person who is employed as a peace officer by the State Department of State Hospitals.
</html:p>
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<ns0:Num>SEC. 39.</ns0:Num>
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Section 6215 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_016536B5-7E1A-44F2-BD6A-756327D74D2C">
<ns0:Num>6215.</ns0:Num>
<ns0:LawSectionVersion id="id_5ABF129B-2092-4095-991A-2DBB817D3DE5">
<ns0:Content>
<html:p>The Legislature finds and declares the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Persons working in the reproductive health care field, specifically the provision of terminating a pregnancy, are often subject to harassment, threats, and acts of violence by persons or groups.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
In 2000, 30 percent of respondents to a Senate Office of Research survey of 172 California reproductive health care providers reported they or their families had been targets of acts of violence by groups that oppose reproductive rights at locations away from their clinics or offices.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Persons and groups that oppose reproductive rights attempt to stop the provision of legal reproductive health care services by
threatening reproductive health care service providers, clinics, employees, volunteers, and patients. The names, photographs, spouses’ names, and home addresses of these providers, employees, volunteers, and patients have been posted on internet websites. From one website list that includes personal information of reproductive health care service providers, seven persons have been murdered and 14 have been injured. As of August 5, 2002, there are 78 Californians listed on this site. The threat of violence toward reproductive health care service providers and those who assist them has clearly extended beyond the clinic and into the home.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Nationally, between 1992 and 1996, the number of reproductive health care service providers
declined by 14 percent. Nearly one out of every four women must travel more than 50 miles to obtain reproductive health care services dealing with the termination of a pregnancy. There exists a fear on the part of physicians to enter the reproductive health care field and to provide reproductive health care services.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Reproductive health care services are legal medical procedures. In order to prevent potential acts of violence from being committed against providers, employees, and volunteers who assist in the provision of reproductive health care services and the patients seeking those services, it is necessary for the Legislature to ensure that the home address information of these individuals is kept confidential.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Other individuals are also subject to harassment, threats, and acts of violence from the public because of their work with the public, which have become more
frequent and serious since the start of the COVID-19 pandemic. They include, but are not limited to, public health officers and public health workers, election workers, school board members, and code enforcement officers.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For example, persons working in the elections field are often subject to harassment, threats, and acts of violence by persons or groups. Violent threats and harassment of election workers reached alarming levels in the 2020 general election and continued into 2021. A survey of election officials in 2021 found that one in three election officials feel unsafe because of their job, and nearly one in five listed threats to their lives as a job-related concern.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The names, photographs, and home addresses of these public servants have been posted on internet websites. While performing election-related duties, election officials were subjected to explicit death
threats, anger-laden language and demoralizing behavior, statements that threatened their own and their family’s safety and well-being, and statements that interfered with their ability to do their job. The threat of violence toward election workers has extended beyond the polling place and into the home.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Experts predict a massive departure from the profession of election administration if protective measures are not implemented. In California, 15 percent of election officials have retired since the 2020 election. Elections play a vital role in a free and fair society and are a cornerstone of American democracy, but those charged with administrating elections are increasingly subjected to violent threats, harassment, and intimidation. In order to prevent acts of violence from being committed against employees who assist in the administration of elections, it is necessary for the Legislature to ensure that the home addresses of these
individuals are kept confidential.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
While many of these individuals wish to protect the confidentiality of their home addresses by means of address confidentiality programs operated by the Secretary of State, they may not be eligible to do so under current law. It is the intent of the Legislature in this chapter to offer address protection services to persons whose work for a public entity exposes them to violent threats, harassment, and intimidation from the public that are equivalent to what is experienced by those now eligible for the address confidentiality program pursuant to this chapter.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The purpose of this chapter is to enable state and local agencies to respond to requests for public records without disclosing the residential location of a designated health care services provider, employee, volunteer, or patient, as defined in Section 6215.1, or other individual
who faces threats of violence or violence from the public because of their work for a public entity, to enable interagency cooperation with the Secretary of State in providing address confidentiality for program participants, and to enable state and local agencies to accept a program participant’s use of an address designated by the Secretary of State as a substitute mailing address.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_CCCA6707-A02B-4B79-A7C8-DAC0F84D4EB8">
<ns0:Num>SEC. 40.</ns0:Num>
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Section 6588.7 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_D99458E6-9368-41BC-8E90-BB72193EA80B">
<ns0:Num>6588.7.</ns0:Num>
<ns0:LawSectionVersion id="id_61791336-6D5F-430D-BC3A-01E24C1432C6">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
An authority whose financing activities are limited to financing utility projects and projects for the use or benefit of public agencies providing water, wastewater, or electrical service may finance utility projects as provided in this section, including the issuance of rate reduction bonds and the imposition and adjustment of utility project charges.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A local agency that owns and operates a publicly owned utility may apply to an authority specified in subdivision (a) to finance costs of a utility project for the publicly owned utility with the proceeds of rate reduction bonds if at the time of application, bonds payable from revenues of the publicly owned utility are, or upon issuance would be, rated investment grade by a
nationally recognized rating agency. In its application to an authority for the financing or refinancing, the local agency shall specify the utility project to be financed by the rate reduction bonds, the maximum principal amount, the maximum interest rate, and the maximum stated terms of the rate reduction bonds.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
In order to allow the state to review the issuance of rate reduction bonds, collect data, ensure transparency, and conduct an independent analysis of the effectiveness of the use of rate reduction bonds pursuant to this section, the Capital Programs and Climate Financing Authority, as defined in Section 44504 of the Health and Safety Code, shall review each issue of bonds and shall determine whether the issue is qualified for issuance under the provisions of this section. The Capital Programs and Climate Financing Authority shall determine that an issue of rate reduction bonds is qualified for issuance
under this section, if the issuance satisfies all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The issuance meets the criteria specified in paragraphs (1) to (3), inclusive, of subdivision (c), or, if the local agency elects to make a determination under paragraph (4) of subdivision (c), meets the criteria specified in paragraphs (1), (2), and (4) of subdivision (c).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The projected financing costs fall within the normal range of financing costs for comparable types of debt issuance.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The Capital Programs and Climate Financing Authority shall determine that an issue of rate reduction bonds is qualified for issuance pursuant to subparagraph (A) solely on the basis of the submitted documentation referred to in subparagraph (A), and the determination shall not be conditional in any respect, including conditional on the submission or
review of additional material after the determination.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Capital Programs and Climate Financing Authority shall establish procedures for the expeditious review of a proposed issuance pursuant to this section, including, but not limited to, the establishment of reasonable application fees to reimburse the Capital Programs and Climate Financing Authority for costs incurred in administering this section. The Capital Programs and Climate Financing Authority may charge additional fees in an amount equal to the amount of any additional expenses incurred by the authority in retaining an independent financial advisor to review the application under circumstances involving the verification of all requirements of this section. Any fees for review and processing of the application shall be nonrefundable.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The Capital Programs and Climate Financing Authority shall provide an
explanation in writing for any refusal to qualify a proposed issuance but may not alter or modify any term or condition related to the utility project property.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The Capital Programs and Climate Financing Authority shall take action on any completed application submitted to it pursuant to this section no later than the next meeting of the Capital Programs and Climate Financing Authority that occurs after at least 60 days following receipt of the application.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The review and qualification pursuant to this section may be concurrent with an authority’s processing of an application for financing or refinancing so as to allow for the issuance of rate reduction bonds as quickly as feasible.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Notwithstanding any other law, the Capital Programs and Climate Financing Authority may adopt regulations relating to this
section as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. For purposes of that chapter, including Section 11349.6, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Annually, no later than March 31, the Capital Programs and Climate Financing Authority shall submit to the Legislature, including to the relevant legislative policy committees having jurisdiction over energy and public utilities issues, a report of its activities pursuant to this section for the preceding calendar year ending December 31. The
Capital Programs and Climate Financing Authority shall require information from applicants to ensure that the necessary data is available to complete this report. The report may be submitted as a part of the report required pursuant to Section 44538 of the Health and Safety Code. The report shall include all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A listing of applications received.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A listing of proposed issuances qualified under the provisions of this section.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A report of bonds sold, the interest rates on the bonds, whether the bond sales were pursuant to public bid or were negotiated, and any rating given the bonds by a nationally recognized securities rating organization.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A specification of proposed issuances qualified but not yet issued.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
A comparison of the interest rates and transactional costs on issuances qualified under this section with interest rates on comparable types of debt issuance occurring at or near the same time as the issuances.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A report to be submitted pursuant to this paragraph shall be submitted in compliance with Section 9795.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The provisions of paragraphs (2) to (8), inclusive, shall not apply to the issuance of rate reduction bonds for a publicly owned utility if the determinations of the local agency pursuant to subdivision (c) are subject to review by a ratepayer advocate or similar entity whose function is to provide public independent analysis of a public utility’s actions as they relate to water, wastewater, or electric rates.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A local agency shall
not apply to an authority for financing or refinancing of a utility project pursuant to this section unless the legislative body of the local agency has determined all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The project to be financed or refinanced is a utility project.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The local agency is electing to finance or refinance costs of the utility project pursuant to this section and the financing costs associated with the financing or refinancing are to be paid from utility project property, including the utility project charge for the rate reduction bonds issued for the utility project in accordance with this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Based on information available to, and projections used by, the legislative body, the rates of the publicly owned utility plus the utility project charge resulting from the financing or refinancing of the utility
project with rate reduction bonds are expected to be lower than the rates of the publicly owned utility if the utility project was financed or refinanced with bonds payable from revenues of the publicly owned utility.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A local agency with a publicly owned utility having 500,000 or more retail customers may, in lieu of making the determination in paragraph (3), determine that the use of rate reduction bonds to finance or refinance utility projects provides substantial benefits to the publicly owned utility. These benefits may include, but are not limited to, lower interest rates on rate reduction bonds and more favorable capitalization and debt service coverage ratio treatment that results in gross or present value lifetime savings for the publicly owned utility.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Subject to the requirements of Article XIII D of the California Constitution, to the
extent applicable, an authority financing the costs of a utility project or projects for a local agency’s publicly owned utility with rate reduction bonds is authorized and directed to impose and collect a utility project charge with respect to the rate reduction bonds as provided in this section. The imposition of the utility project charge shall be made and evidenced by the adoption of a financing resolution by the governing body of the authority. Upon the issuance of rate reduction bonds, the financing resolution adopted in connection with the issuance of rate reduction bonds shall be irrevocable. The financing resolution with respect to financing or refinancing a utility project or projects with rate reduction bonds for a publicly owned utility shall include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The addition of a separate charge to the bill of each customer of the publicly owned utility in the class or classes of customers specified in the financing
resolution.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A description of the financial calculation, formula, or other method that the authority is to use to determine the utility project charge. The calculation, formula, or other method shall include a periodic adjustment method to the then current utility project charge, to be applied at least annually, that shall be used by the authority to correct for any overcollection or undercollection of financing costs from the utility project charge or any other adjustment necessary to ensure timely payment of the financing costs of the rate reduction bonds, including, but not limited to, the adjustment of the utility project charge to pay any debt service coverage requirement for the rate reduction bonds. The financial calculation, formula, or other method, including the periodic adjustment method, established in the financing resolution pursuant to this section, and the allocation of utility project charges to, and among, customers of the
publicly owned utility shall be decided solely by the governing body of the authority and shall be final and conclusive. In no event shall the periodic adjustment method established in the financing resolution be applied less frequently than required by the financing resolution and the documents relating to the applicable rate reduction bonds. Once the financial calculation, formula, or other method for determining the utility project charge, and the periodic adjustment method, have been established in the financing resolution and have become final and conclusive as provided in this section, they shall not be changed.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this section, the imposition of a utility project charge shall comply with the requirements of Article XIII
<html:span class="ThinSpace"/>
D of the California Constitution, to the extent applicable, including, but not limited to, the provision of a notice containing the initial amount of the
proposed utility project charge and the periodic adjustment method by which the utility project charge amount could subsequently change.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A requirement that the authority enter into a servicing agreement for the collection of the utility project charge with the local agency for which the financing is undertaken or its publicly owned utility and the local agency or its publicly owned utility shall act as a servicing agent for purposes of collecting the utility project charge as long as the servicing agreement remains in effect. Moneys collected by the local agency or its publicly owned utility, acting as a servicing agent on behalf of the authority, as a utility project charge shall be held in trust for the exclusive benefit of the persons entitled to the financing costs to be paid, directly or indirectly, from the utility project charge and shall not lose their character as revenues of the authority by virtue of possession by the local
agency or its publicly owned utility. The local agency or its publicly owned utility shall provide the authority with the information as to estimated sales of water, wastewater, or electrical services and any other information concerning the publicly owned utility required by the authority in connection with the initial establishment and the adjustment of the utility project charge.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The determination of the legislative body of the local agency that a project to be financed with rate reduction bonds is a utility project shall be final and conclusive and the rate reduction bonds issued to finance the utility project and the utility project charge imposed relating to the rate reduction bonds shall be valid and enforceable in accordance with the terms of the financing resolution and the documents relating to the rate reduction bonds. The authority shall require, in its financing resolution with respect to a utility project charge, that as long
as a customer in the class or classes of customers specified in the financing resolution receive water or electricity or discharge wastewater through the facilities of the publicly owned utility, the customer shall pay the utility project charge regardless of whether or not the customer has an agreement to purchase water or electricity or discharge wastewater from a person or entity other than the publicly owned utility. The utility project charge shall be a nonbypassable charge to all customers of the publicly owned utility in the class or classes of customers specified in the financing resolution at the time of adoption of the financing resolution and all future customers in that class or classes. If a customer of the publicly owned utility that is subject to a utility project charge enters into an agreement to purchase water or electricity or discharge wastewater from a person or entity other than the publicly owned utility, the customer shall remain liable for the payment of its share of the utility
project charge as if it had not entered into the agreement. The liability may be discharged by the continued payment of its share of the utility project charge as it accrues or by a one-time payment, as determined by the authority. All provisions of a financing resolution adopted pursuant to this subdivision shall be binding on the authority.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The timely and complete payment of all utility project charges by a person liable for the charges shall be a condition of receiving water, wastewater, or electrical service, as applicable, from the publicly owned utility of the local agency and each of the local agencies and their publicly owned utilities is authorized to use its established collection policies and all rights and remedies provided by law to enforce payment and collection of the utility project charge. In no event shall a person liable for a utility project charge be entitled or authorized to withhold payment, in whole or in part, of
the utility project charge for any reason.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The authority shall determine whether adjustments to the utility project charge relating to rate reduction bonds are required upon the issuance of the rate reduction bonds and at least annually, and at additional intervals as may be provided for in the financing resolution or the documents relating to the rate reduction bonds. Each adjustment shall be made and put into effect in accordance with the financial calculation, formula, or other method that the authority is to use to determine the utility project charge pursuant to the financing resolution expeditiously after the authority’s determination that the adjustment is required.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
All revenues with respect to utility project property related to rate reduction bonds, including payments of the utility project charge, shall be applied first to the payment of the financing costs of
the related rate reduction bonds then due, including the funding of reserves for the rate reduction bonds, with any excess being applied as determined by the authority for the benefit of the utility for which the rate reduction bonds were issued.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The authority shall be obligated to impose and collect the utility project charge relating to rate reduction bonds in amounts, based on estimates of water or electricity usage or wastewater discharge subject to the utility project charge, sufficient to pay on a timely basis the financing costs associated with the rate reduction bonds when due. The pledge of a utility project charge to secure the payment of rate reduction bonds shall be irrevocable, and the State of California, the authority, or any limited liability company acting pursuant to subdivision (j) shall not reduce, impair, or otherwise adjust the utility project charge, except that the authority shall implement the periodic adjustments
to the utility project charge relating to rate reduction bonds as required by the applicable financing resolution and the documents relating to the rate reduction bonds. Revenue from a utility project charge shall be deemed special revenue of the authority and shall not constitute revenue of the local agency or its publicly owned utility for any purpose, including, without limitation, any dedication, commitment, or pledge of revenue, receipts, or other income that the local agency or its publicly owned utility has made or will make for the security of any of its obligations.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A utility project charge shall constitute utility project property when, and to the extent that, a financing resolution authorizing the utility project charge has become effective in accordance with its terms, and the utility project property shall thereafter continuously exist as property for all purposes with all of the rights and privileges of this section for the
period, and to the extent, provided in the financing resolution, but in any event until all financing costs with respect to the related rate reduction bonds are paid in full, including all arrearages thereon.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Utility project property shall constitute a current property right notwithstanding that the value of the property right will depend on consumers using water, wastewater, or electrical services or, in those instances where consumers are customers of the publicly owned utility, the publicly owned utility performing certain services.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
If a local agency for which rate reduction bonds have been issued and remain outstanding ceases to operate a water, wastewater, or electric utility, either directly or through its publicly owned utility, references in this section to the local agency or to its publicly owned utility shall be to the entity providing water, wastewater, or
electrical services in lieu of the local agency and the entity shall assume and perform all obligations of the local agency and its publicly owned utility required by this section and the servicing agreement with the local agency while the rate reduction bonds remain outstanding.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Rate reduction bonds shall be within the parameters of the financing or refinancing set forth by the local agency pursuant to subdivision (b) in connection with the rate reduction bonds and the proceeds of the rate reduction bonds made available to the local agency or its publicly owned utility shall be used for the utility project identified in the application for financing or refinancing of the utility project or projects pursuant to subdivision (b).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An authority shall authorize the issuance of rate reduction bonds by a resolution of its governing body. An authority
issuing rate reduction bonds shall include in its preliminary notice and final report for the rate reduction bonds submitted to the California Debt and Investment Advisory Commission pursuant to Section 8855 a statement that the rate reduction bonds are being issued pursuant to this section. An authority issuing rate reduction bonds shall include in its final report for the rate reduction bonds submitted to the California Debt and Investment Advisory Commission pursuant to Section 8855 the estimated savings or local agency benefit, if applicable pursuant to paragraph (4) of subdivision (c), realized by issuing the rate reduction bonds rather than bonds payable from the revenues of the publicly owned utility for whose benefit the rate reduction bonds were issued. Rate reduction bonds shall be nonrecourse to the credit or any assets of the local agency and the publicly owned utility for which the utility project is financed and shall be payable from, and secured by a pledge of, the utility project property
relating to the rate reduction bonds and any additional security or credit enhancement specified in the documents relating to the rate reduction bonds.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An authority issuing rate reduction bonds shall pledge the utility project property relating to the rate reduction bonds as security for the payment of the rate reduction bonds, which pledge shall be made pursuant to, and with the effect set forth in Section 5451. All rights of an authority with respect to utility project property pledged as security for the payment of rate reduction bonds shall be for the benefit of, and enforceable by, the beneficiaries of the pledge to the extent provided in the documents relating to the rate reduction bonds.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
To the extent that any interest in utility project property is pledged as security for the payment of rate reduction bonds, the applicable local agency or its publicly owned utility
shall contract with the authority, which contract shall be part of the utility project property, that the local agency or its publicly owned utility will continue to operate its publicly owned utility system that includes the financed utility project to provide service to its customers, will, as servicer, collect amounts in respect of the utility project charge for the benefit and account of the authority and the beneficiaries of the pledge of the utility project charge and will account for and remit these amounts to, or for the account of, the authority.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notwithstanding any other law, any requirement under this section, a financing resolution, any other resolution of the authority, or the provisions of the documents relating to rate reduction bonds to the effect that the authority shall take action with respect to the utility project property relating to the rate reduction bonds shall be binding upon the authority, as its governing body
may be constituted from time to time, and the authority shall have no power or right to rescind, alter, or amend any resolution or document containing the requirement.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Notwithstanding any other law, except as otherwise provided in this section with respect to adjustments to a utility project charge, the recovery of the financing costs for the rate reduction bonds from the utility project charge shall be irrevocable and the authority shall not have the power either by rescinding, altering, or amending the applicable financing resolution or otherwise, to revalue or revise for ratemaking purposes the financing costs of rate reduction bonds, determine that the financing costs for the related rate reduction bonds or the utility project charge is unjust or unreasonable, or in any way reduce or impair the value of utility project property that includes the utility project charge, either directly or indirectly; nor shall the amount of revenues
arising with respect to the financing costs for the related rate reduction bonds or the utility project charge be subject to reduction, impairment, postponement, or termination for any reason until all financing costs to be paid from the utility project charge are fully met and discharged. Except as otherwise provided in this section with respect to adjustments to a utility project charge, the State of California does hereby pledge and agree with the owners of rate reduction bonds that the State of California shall neither limit nor alter the financing costs or the utility project property, including the utility project charge, relating to the rate reduction bonds, or any rights in, to, or under, the utility project property until all financing costs with respect to the rate reduction bonds are fully met and discharged. This section does not preclude limitation or alteration if and when adequate provision shall be made by law for the protection of the owners. The authority is authorized to include this
pledge and undertaking by the State of California in the governing documents for rate reduction bonds. Notwithstanding any other provision of this section, the authority shall make the adjustments to the utility project charge relating to rate reduction bonds provided by this section and the documents related to those rate reduction bonds as may be necessary to ensure timely payment of all financing costs with respect to the rate reduction bonds. The adjustments shall not impose the utility project charge upon classes of customers that were not subject to the utility project charge pursuant to the financing resolution imposing the utility project charge.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Financing costs in connection with rate reduction bonds do not constitute a debt or liability of the State of California or of any political subdivision thereof, other than the special obligation of the authority, and do not constitute a pledge of the full faith
and credit of the State of California or any of its political subdivisions, including the authority, but are payable solely from the funds provided therefor under this section and in the documents relating to the rate reduction bonds. This subdivision shall in no way preclude guarantees or credit enhancements in connection with rate reduction bonds. All the rate reduction bonds shall contain on the face thereof a statement to the following effect:
</html:p>
<html:p>Neither the full faith and credit nor the taxing power of the State of California or any political subdivision thereof is pledged to the payment of the principal of, or interest on, this bond.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The issuance of rate reduction bonds shall not directly, indirectly, or contingently obligate the State of California or any political subdivision thereof to levy or to pledge any form of taxation to pay the rate reduction bonds or to make any appropriation for
their payment.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Utility project property shall constitute property for all purposes, including for contracts securing rate reduction bonds, whether or not the revenues and proceeds arising with respect thereto have accrued.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Subject to the terms of the pledge document with respect to a pledge of utility project property, the validity and relative priority of a pledge created or authorized under this section is not defeated or adversely affected by the commingling of revenues arising with respect to the utility project property with other funds of the local agency or the publicly owned utility collecting a utility project charge on behalf of an authority.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
There shall exist a statutory lien on the utility project property relating to rate reduction bonds.
Upon the effective date of the financing resolution relating to rate reduction bonds, there shall exist a first priority statutory lien on all utility project property, then existing or, thereafter arising, to secure the payment of the rate reduction bonds. This lien shall arise pursuant to law by operation of this section automatically without any action on the part of the authority, the local agency or its publicly owned utility, or any other person. This lien shall secure the payment of all financing costs, then existing or subsequently arising, to the holders of the rate reduction bonds, the trustee or representative for the holders of the rate reduction bonds, and any other entity specified in the financing resolution or the documents relating to the rate reduction bonds. This lien shall attach to the utility project property regardless of who shall own, or shall subsequently be determined to own, the utility project property including any local agency or its publicly owned utility, the authority, or
any other person. This lien shall be valid and enforceable against the owner of the utility project property and all third parties upon the effectiveness of the financing resolution without any further public notice.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The statutory lien on utility project property created by this section is a continuously perfected lien on all revenues and proceeds arising with respect thereto, whether or not the revenues or proceeds have accrued. Utility project property shall constitute property for all purposes, including for contracts securing rate reduction bonds, whether or not the revenues or proceeds arising with respect thereto have accrued.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In addition, the authority may require, in a financing resolution creating utility project property, that, in the event of default by the local agency or its publicly owned utility, in payment of revenues arising with respect to the utility
project property, any court in the state, upon the application by the beneficiaries of the statutory lien, and without limiting any other remedies available to the beneficiaries by reason of the default, shall order the sequestration and payment to the beneficiaries of revenues arising with respect to the utility project property.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Notwithstanding any other law, an authority or a limited liability company acting pursuant to subdivision (j) that has financed a utility project through the issuance of rate reduction bonds is not authorized, and no governmental officer or organization shall be empowered to authorize the authority, to become a debtor in a case under the United States Bankruptcy Code (11 U.S.C. Sec. 101 et seq.) or to become the subject of any similar case or proceeding under any other law, whether federal or
of the State of California, as long as any payment obligation from utility project property remains with respect to the rate reduction bonds.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
An authority may elect to implement a financing of a utility project pursuant to this section by forming a single member limited liability company and by authorizing the company to adopt the financing resolution. The authority may issue rate reduction bonds payable from, and secured by a pledge of, amounts paid by the company to the authority from the applicable utility project property pursuant to an agreement. The provisions of subdivisions (g) and (h) shall apply to and be the exclusive method of perfecting a pledge of utility project property by the company securing the payment of financing costs under any agreement of the company in connection with the issuance of rate reduction bonds. Reference to the authority in this section and in all related defined
terms shall mean or include the company as necessary to implement this subdivision.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
After December 31, 2036, the authority to issue rate reduction bonds under this section terminates.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_5D1FE98E-FC23-4D72-89D7-EA1CB6EC0380">
<ns0:Num>SEC. 41.</ns0:Num>
<ns0:ActionLine action="IS_REPEALED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'17.45.'%20and%20.%2F*%2F%40id%3D'id_45a07d69-cfa3-11f0-bfde-adfc216d767c'%5D)" ns3:label="fractionType: LAW_HEADING||version: Chapter 17.45 added by Stats. 2025, Ch. 125, Sec. 2. [id_45a07d69-cfa3-11f0-bfde-adfc216d767c]||commencingWith: 7289" ns3:type="locator">
The heading of Chapter 17.45 (commencing with Section 7289) of Division 7 of Title 1 of the
<ns0:DocName>Government Code</ns0:DocName>
, as added by Section 2 of Chapter 125 of the Statutes of 2025, is repealed.
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<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_28CEEBA9-B168-45FA-A0F1-338F92C711DE">
<ns0:Num>SEC. 42.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'8010.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 8010 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_46872D5D-BE33-460E-A502-C970D279A289">
<ns0:Num>8010.</ns0:Num>
<ns0:LawSectionVersion id="id_D25D0B52-7A96-47A5-8830-D615776DBE8F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
There is hereby established in state government the Commission on the State of Hate. The commission shall be composed of nine members, as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Five members appointed by the Governor.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Two members appointed by the Speaker of the Assembly.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Two members appointed by the Senate Committee on Rules.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Appointments to the commission shall be considered among individuals who possess professional experience, expertise, or specialized knowledge in combating hate, intolerance, and discrimination on the basis of sex, color, race, gender, religion, ancestry, national
origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, immigration status, or genetic information,
including, and especially, persons who serve in human relations and community service positions, social scientists, researchers, data scientists, or other related civilian capacities.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The members of the commission shall serve at the pleasure of the appointing power and shall be appointed for terms of four years, except those who are first appointed, who shall serve for the following terms:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Three members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of three years.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Two members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of
four years.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The members shall elect one of their number to serve as chairperson of the commission.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The commission may appoint officers from its membership and form advisory committees, as needed, in order to carry out and fulfill its duties under this subdivision. The commission shall determine the powers and duties of appointed officers and advisory committee chairpersons.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any advisory committee formed by the commission shall be led by an advisory chairperson, who is a member of the commission, and may be comprised of member or nonmember advisers who possess specialized knowledge or experience to inform the work and further the goals of the commission, ensure that the work of the commission reflects the current experience of the state’s diverse population and communities, and
promulgate the recommendations, practices, strategies, tools, and resources developed by the commission.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Members of the Legislature shall serve on the commission as ex officio members without vote and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their legislative duties.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Attorney General or their designee shall serve on the commission as an ex officio nonvoting member and shall participate in the activities of the commission to the extent that their participation is not inconsistent with their duties.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Director of the Office of Emergency Services or their designee shall serve on the commission as an ex officio nonvoting member and shall participate in the activities of the commission to the extent
that their participation is not inconsistent with their duties.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Members of the commission may select representatives to attend commission activities if they are unable to attend.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A member appointed pursuant to subdivision (c) may receive a per diem of one hundred dollars ($100) for each public meeting of the commission and each community forum of the commission that they attend and shall be entitled to reimbursement for expenses.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Legislative members, ex officio members, and nonmember advisers of the commission shall not be entitled to any per diem or reimbursement for expenses incurred while engaging in commission activities.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The commission shall have the following goals:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Provide resources and assistance to the Department of Justice, the office of the Attorney General, the Office of Emergency Services, federal, state, and local law enforcement agencies, and the public on the state of hate in order to keep these entities and the public informed of emerging trends in hate-related crime.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Engage in
factfinding, data collection, and the production of annual reports on the state of hate and hate-related crimes.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Collaborate with other subject-matter experts in the fields of hate, public safety, and other related fields to gain a deeper understanding to monitor and assess trends relative to the state of hate or hate-related crime.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Advise the Legislature, the Governor, and state agencies on policy recommendations to do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Promote intersocial education designed to foster mutual respect and understanding among California’s diverse population.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Suggest and prescribe recommended training for state officials and staff to recognize and address dangerous acts of hate and intolerance.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Advise on related matters periodically.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The commission shall host and coordinate a minimum of four in-person or virtual community forums on the state of hate per year. The forums shall be open to the public. Each forum shall focus on local, state, and national evolving trends relative to the state of hate or hate-related crime and include presentations from subject-matter experts.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Notwithstanding Section 10231.5, the commission shall issue an Annual State of Hate Commission Report to the Governor and the Legislature, by July 1 of each year, that describes its activities for the previous year, and its recommendations for the following year. The report shall be made publicly available. The first such annual report shall be made available by July 1, 2023.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For the Annual State of Hate Commission Report that is due by and after July 1, 2030, the commission shall prepare a report that includes all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A comprehensive accounting of hate crime activity statewide and report on relevant national hate crime trends and statistics.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Recommendations to improve the practices, resources, and relevant trainings available to and used by law enforcement statewide to respond to and reduce instances of hate crimes.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Recommendations for actions to be taken by the Governor and the Legislature, including, but not limited to, policy solutions and legislation that will help the state respond to and reduce instances of hate crimes.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Recommendations for actions to be taken by
communities that will help respond to and reduce instances of hate crimes.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Information on existing tools, practices, resources, and trainings that have proven successful in other states and countries that may be implemented by state law enforcement, the Governor, the Legislature, relevant state departments and agencies, and communities throughout the state in order to respond to and reduce instances of hate crimes.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the Annual State of Hate Commission Report that is due before July 1, 2030, the commission shall prepare a report that includes the information described in subparagraphs (A) to (E), inclusive, of paragraph (1) only to the extent that information is available.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this subdivision, “hate crime” has the same meaning as defined in Section 422.55 of the Penal Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Data acquired pursuant to this subdivision shall be used for research or statistical purposes and may not disclose any personal information that may reveal the identity of an individual.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Notwithstanding Section 10231.5, the commission shall report to the Legislature annually through the Joint Committee on Rules on the work of the commission beginning on July 1, 2023.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
All reports submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
In all its activities, the commission shall seek to protect civil liberties, including, but not limited to, freedom of speech, freedom of association, freedom of religion, and the right to privacy in accordance with the United States Constitution and relevant
law.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
The commission may seek, apply for, or accept funding from sources other than the General Fund to help carry out and achieve the goals of the commission, including, but not limited to, the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Federal funds granted, by act of Congress or by executive order, for the purposes of this chapter.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Federal grant programs.
</html:p>
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<ns0:BillSection id="id_B9C16FC4-C252-4440-8FEA-9D7A23672142">
<ns0:Num>SEC. 43.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'8557.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 8557 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_12B835F3-0117-4EFE-A4E2-F5234525C108">
<ns0:Num>8557.</ns0:Num>
<ns0:LawSectionVersion id="id_311FD58D-A69C-4432-9C37-ECD58B2B4EE8">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
“State agency” means any department, division, independent establishment, or agency of the executive branch of the state government.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Political subdivision” includes any city, city and county, county, district, or other local governmental agency or public agency authorized by law.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Governing body” means the legislative body, trustees, or directors of a political subdivision.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Chief executive” means that individual authorized by law to act for the governing body of a political subdivision.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Disaster council” and “disaster service worker” have the meaning
prescribed in Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Public facility” means any facility of the state or a political subdivision, which facility is owned, operated, or maintained, or any combination thereof, through moneys derived by taxation or assessment.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Sudden and severe energy shortage” means a rapid, unforeseen shortage of energy, resulting from, but not limited to, events such as an embargo, sabotage, or natural disasters, and that has a statewide, regional, or local impact.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
For purposes of this chapter, a “deenergization event” means a planned power outage, undertaken by an electrical corporation, as defined in Section 218 of the Public Utilities Code, to reduce the risk of wildfires caused by utility equipment, pursuant to Public Utilities
Commission Resolution ESRB-8 and any decisions issued by the commission, the Wildfire Safety Division, as set forth in
Section 326 of the Public Utilities Code, the Office of Energy Infrastructure Safety, or any other agency with authority over electrical corporations. A deenergization event begins when an electrical corporation provides notice to any state agency or political subdivision of the potential need to initiate a planned deenergization of the electrical grid, and ends when the electrical corporation restores electrical services to all deenergized customers, or when the electrical corporation cancels the deenergization event for some or all of its affected customers, and rescinds the notice of the potential need to initiate the deenergization event. A deenergization event does not include any planned outages in connection with regular utility work.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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<ns0:BillSection id="id_6201AE5B-9AC8-42FD-B475-644AF63C4AE7">
<ns0:Num>SEC. 44.</ns0:Num>
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Section 10233 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_EED20A5B-F73E-444E-9A8A-06F33EE8EDE4">
<ns0:Num>10233.</ns0:Num>
<ns0:LawSectionVersion id="id_0474F9F9-9502-42DE-B919-EC19AB7E0D19">
<ns0:Content>
<html:p>Insofar as in the Legislative Counsel’s power, upon request, the Legislative Counsel shall aid and assist any member of the Legislature as to bills, resolutions and measures, drafting them into proper form, and furnishing to the member the fullest information upon all matters in the scope of the bureau.</html:p>
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<ns0:BillSection id="id_2F86BF45-E90B-42A8-82EF-E5ED8F9E63C6">
<ns0:Num>SEC. 45.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'10240.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 10240 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_97A3CADD-E04B-4815-A643-D0DFE9ED1605">
<ns0:Num>10240.</ns0:Num>
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<html:p>When a suggestion is so filed with the clerk, the clerk shall make and send to the permanent office of the Legislative Counsel a certified copy of the suggestion. All suggestions received at the permanent office shall be permanently filed and recorded and copies furnished to the Legislative Counsel.</html:p>
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<ns0:BillSection id="id_E16245F2-B975-4D1E-A3DD-9C85B894651D">
<ns0:Num>SEC. 46.</ns0:Num>
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Section 11041 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_C3DF911F-E927-4F10-974B-2A11B335BF60">
<ns0:Num>11041.</ns0:Num>
<ns0:LawSectionVersion id="id_82CAED51-AE48-4E88-BD67-6B9BF5752110">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Section 11042 does not apply to the office of the Governor, the Regents of the University of California, the Trustees of the California State University, Legal Division of the Department of Transportation, Division of Labor Standards Enforcement of the Department of Industrial Relations, Workers’ Compensation Appeals Board, Public Utilities Commission, State Compensation Insurance Fund, Legislative Counsel Bureau, Secretary of State, State Lands Commission, Alcoholic Beverage Control Appeals Board (except when the board affirms the decision of the Department of Alcoholic Beverage Control), Department of Cannabis Control (except in proceedings in state or federal court), State Department of Education, Department of
Financial Protection and Innovation, and Treasurer with respect to bonds, nor to any other state agency which, by law enacted after Chapter 213 of the Statutes of 1933, is authorized to employ legal counsel.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Trustees of the California State University shall pay the cost of employing legal counsel from their existing resources.
</html:p>
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</ns0:LawSection>
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<ns0:BillSection id="id_77525A11-8684-4E64-B082-40C53699F3E3">
<ns0:Num>SEC. 47.</ns0:Num>
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Section 11123.2 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_D5CBCF59-21B0-4EE3-BD72-8734DB377A53">
<ns0:Num>11123.2.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Teleconference” means a meeting of a state body, the members of which are at different locations, connected by electronic means, through either audio or both audio and video.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Teleconference location” means a physical location that is accessible to the public and from which members of the public may participate in the meeting.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Remote location” means a location from which a member of a state body participates in a meeting other than a teleconference location.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Participate remotely” means
participation by a member of the body in a meeting at a remote location other than a teleconference location designated in the notice of the meeting.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to the authorization to hold a meeting by teleconference pursuant to subdivision (b) of Section 11123 and Section 11123.5, a state body may hold an open or closed meeting by teleconference as described in this section, provided the meeting complies with all of this section’s requirements and, except as set forth in this section, it also complies with all other applicable requirements of this article relating to the specific type of meeting.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This section does not limit or affect the ability of a state body to hold a teleconference meeting under another provision of this article, including Sections 11123 and 11123.5.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The
portion of the teleconferenced meeting that is required to be open to the public shall be visible and audible to the public at each teleconference location.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The state body shall provide a means by which the public may remotely hear audio of the meeting, remotely observe the meeting, remotely address the body, or attend the meeting by providing on the posted agenda a teleconference telephone number, an internet website or other online platform, and a physical address for each teleconference location. The telephonic or online means provided to the public to access the meeting shall be equivalent to the telephonic or online means provided to a member of the state body participating remotely.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The applicable teleconference telephone number, internet website or other online platform, and physical address of each teleconference location, as well as any
other information indicating how the public can access the meeting remotely and in person, shall be specified in any notice required by this article.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the state body allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall do both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section does not prohibit a state body from providing members of the public with additional locations from which the public may observe or address the state body by electronic means, through either audio or both audio and video.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The agenda shall provide an opportunity for members of the public to address the state body directly pursuant to Section 11125.7.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Members of the public shall be entitled to exercise their right to directly address the state body during the teleconferenced meeting without being required to submit public comments before the meeting or in writing.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The state body shall post the agenda on its internet website and, on the day of the meeting, at each teleconference location.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section does not affect the requirement prescribed by this article that the state body post an agenda of a meeting in accordance with the applicable notice requirements of this article, including Section 11125, requiring the state body to post an agenda of a meeting at least 10 days in advance of the meeting, Section 11125.4, applicable to special meetings, and Sections 11125.5 and 11125.6, applicable to emergency meetings.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
At least one member of the state body shall be physically present at each teleconference location.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), a majority of the members of the state body shall be physically present at the same teleconference location. Additional members of the state body in excess of a majority of the members may attend and participate in the
meeting from a remote location. A remote location is not required to be accessible to the public. The notice and agenda shall not disclose information regarding a remote location.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A member attending and participating from a remote location may count toward the majority required to hold a teleconference if both of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The member has a need related to a physical or mental disability, as those terms are defined in Sections 12926 and 12926.1, that is not otherwise reasonably accommodated pursuant to the federal Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The member notifies the state body at the earliest opportunity possible, including at the start of a meeting, of their need to participate remotely, including providing a general description of the circumstances relating to their need to participate remotely at the given meeting.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a member notifies the body of the member’s need to attend and participate remotely pursuant to paragraph (2), the body shall take action to approve the exception and shall request a general description of the circumstances relating to the member’s need to participate remotely at the meeting, for each meeting in which the member seeks to participate remotely. The body shall not require the member to provide a general description that exceeds 20 words or to disclose any medical diagnosis or disability,
or any personal medical information that is already exempt under existing law,
including the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If a member of the state body attends the meeting by teleconference from a remote location, the member shall disclose whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), the members of the state body shall visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The visual appearance of a member of the state body on camera may cease only when the appearance
would be technologically impracticable, including, but not limited to, when the member experiences a lack of reliable broadband or internet connectivity that would be remedied by joining without video, or when the visual display of meeting materials, information, or speakers on the internet or other online platform requires the visual appearance of a member of a state body on camera to cease.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a member of the state body does not appear on camera due to challenges with internet connectivity, the member shall announce the reason for their nonappearance when they turn off their camera.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
All votes taken during the teleconferenced meeting shall be by rollcall.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
The state body shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
The portion of the teleconferenced meeting that is closed to the public shall not include the consideration of any agenda item being heard pursuant to Section 11125.5.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
Upon discovering that a means of remote public access and participation required by subdivision (d) has failed during a meeting and cannot be restored, the state body shall end or adjourn the meeting in accordance with Section 11128.5. In addition to any other requirements that may apply, the state body shall provide notice of the meeting’s end or adjournment on the state body’s internet website and by email to any person who has requested notice of meetings of the state body by email under this article. If the meeting will be adjourned and reconvened on the same day, further notice shall be provided by an automated message on a telephone line posted on the state body’s agenda, internet website, or by a similar
means, that will communicate when the state body intends to reconvene the meeting and how a member of the public may hear audio of the meeting or observe the meeting.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
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<ns0:Num>SEC. 48.</ns0:Num>
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Section 12100.33 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_7634084E-FEDA-41ED-8EFC-A57BB17BD1DD">
<ns0:Num>12100.33.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Upon appropriation by the Legislature, CalOSBA shall establish the California Employee Ownership Hub, administered by an Employee Ownership Hub Manager, appointed by the advocate.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The manager shall administer the Employee Ownership Hub, and may be responsible for the following duties:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Work with all California state agencies whose regulations and programs affect employee-owned companies, and businesses with the potential to become employee-owned, to enhance opportunities and reduce barriers.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Partner with relevant private, nonprofit, and public
organizations,
including, but not limited to, professional and trade associations, financial institutions, labor unions, worker centers, Small Business Development Centers, economic and workforce development organizations, and nonprofit entities to educate business owners and employees about the benefits of employee ownership and employee ownership transition succession models.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Share materials regarding employee ownership benefits and employee ownership transition succession models.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Provide a referral service to help business owners, labor unions, workers, and worker centers find appropriate legal, financial, and technical employee ownership resources and services to assist in employee ownership transitions and the growth of employee-owned businesses.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Work with the California Infrastructure and Economic
Development Bank, the Capital Programs and Climate Financing Authority, and related entities to develop recommendations and enhance the ability of broad-based employee ownership vehicles to access California capital programs. Those recommendations shall only apply to ESOPs to the extent that the ESOPs satisfy one of the following conditions:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The ESOP has appointed an independent ESOP trustee.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The ESOP has, as a trustee, a person or entity that has completed education on ESOP trustee best practices.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Report to the Legislature, in accordance with Section 9795, on activities undertaken by the hub during the prior fiscal year, including recommendations for improvement.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The first report shall be due on January 15, following the first fiscal
year in which funding is provided to implement any portion of this article.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This reporting requirement may be met separately or the information may be included in the annual report required by subdivision (b) of Section 12098.4.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
CalOSBA shall also post the report to its internet website.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Report employee ownership transition related concerns and recommendations to the advocate.
</html:p>
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<ns0:Num>SEC. 49.</ns0:Num>
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Section 12100.162 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_84B6C4BC-3698-4F49-B33C-A07E50BB2B05">
<ns0:Num>12100.162.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
There is hereby created in the State Treasury the California Civic Media Fund to be administered by the office. Notwithstanding Section 13340, all moneys deposited in the fund, including state General Fund appropriations and private bequeaths, donations, gifts, or grants, are continuously appropriated to the office for purposes of this article. Public moneys shall be accounted for separately from private moneys in the fund.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The office may accept contributions from private sources,
including private for-profit and nonprofit organizations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
All contributions provided pursuant to subparagraph (A) shall be deposited in the fund.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The office shall direct the expenditure of public moneys in the fund, consistent with the purposes and subject to the restrictions set forth in this article.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The office may solicit recommendations from the advisory board, but shall retain sole discretion and control over the expenditure of public moneys in the fund, consistent with the requirements of this article.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The advisory board shall make recommendations to the office on allocations of funds contributed by a private party. If the private funds are held by a third-party administrator designated by the donor, the
office shall provide instructions to the administrator for the expenditure of those funds.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In considering the allocation of moneys from private sources, the advisory board may seek to allocate moneys to publishers on a pro rata basis based on the number of journalists employed by a publisher in the state, with the goal of increasing the total number of journalists employed in the state.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
No more than 7.5 percent of the fund may be used for the administration of this article.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Public moneys in the fund shall be expended in furtherance of the purposes of this article.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The office may enter into an agreement with third parties for purposes of administering programs funded, in whole or in part, with public moneys
allocated from the fund.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
In expending public moneys in the fund, the office shall prioritize allocations to support local and community news organizations.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
In any fiscal year, the total expenditure of public money from the California Civic Media Fund shall not exceed the total aggregate expenditure of funds from private sources, whether contributed to the fund, or contributed to a third-party administrator that holds and disburses those funds pursuant to an agreement with the office.
</html:p>
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<ns0:Num>SEC. 50.</ns0:Num>
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Section 12910 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_214FAE7D-9E67-418A-AA33-A67294D604E8">
<ns0:Num>12910.</ns0:Num>
<ns0:LawSectionVersion id="id_94D442E4-DA05-4660-81A8-B99DE25C0FBC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is the intent of the Legislature in establishing the bureau to establish an initial framework and it is the intent of the Legislature that the scope and responsibilities of the bureau may expand as necessary to fulfill its mission and address additional harms as identified.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the intent of the Legislature that, as the bureau expands its scope in the future, it shall do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Address the lasting harms of disenfranchisement, segregation, discrimination, exclusion,
neglect, and violence impacting both descendants and communities harmed as described in Chapters 1 to 13, inclusive, of the California Reparations Report.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Advise on reparative remedies to target the persistent consequences of this legacy, guided by Chapters 14 to 33, inclusive, of the California Reparations Report.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Implementation of this chapter shall be contingent upon appropriation of sufficient funding by the Legislature in the annual Budget Act or other statute for that purpose.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_806C70F5-A69C-47A1-8866-B85B2B185F58">
<ns0:Num>SEC. 51.</ns0:Num>
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Section 12960 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_685F147E-396B-4847-88BA-DBE1FA3895C0">
<ns0:Num>12960.</ns0:Num>
<ns0:LawSectionVersion id="id_7DD0C26C-09BB-4B36-8731-29468815BB01">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This article governs the procedure for the prevention and elimination of practices made unlawful pursuant to Article 1 (commencing with Section 12940) of Chapter 6.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, filing a complaint means filing an intake form with the department and the operative date of the verified complaint relates back to the filing of the intake form.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Any person claiming to be aggrieved by an alleged unlawful practice may file with the department a verified complaint, in writing, that shall state the name and address of the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice complained of, and that shall set forth the particulars
thereof and contain other information as may be required by the department. The director or the director’s authorized representative may in like manner, on that person’s own motion, make, sign, and file a complaint.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any employer whose employees, or some of them, refuse or threaten to refuse to cooperate with this part may file with the department a verified complaint asking for assistance by conciliation or other remedial action.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A complaint alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil Code shall not be filed pursuant to this article after the expiration of one year from the date that the alleged unlawful practice or refusal to cooperate occurred.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A complaint alleging a violation of Section 52.5 of the Civil Code shall not be filed pursuant to
this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A complaint alleging a violation of Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 shall not be filed pursuant to this article after the expiration of three years from the date that the alleged unlawful practice occurred or refusal to cooperate occurred.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A complaint alleging a violation of Section 1197.5 of the Labor Code shall not be filed pursuant to this article after the expiration of the applicable period of time for commencing a civil action pursuant to that section.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A complaint alleging a violation of Section 51.9 of the Civil Code or any other violation of Article 1 (commencing with Section 12940) of Chapter 6 shall not be filed after the expiration of
three years from the date upon which the unlawful practice or refusal to cooperate occurred.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) to
(5), inclusive, the filing periods set forth by this section may be extended as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For a period of time not to exceed 90 days following the expiration of the applicable filing deadline, if a person allegedly aggrieved by an unlawful practice first obtained knowledge of the facts of the alleged unlawful practice during the 90 days following the expiration of the applicable filing deadline.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a period of time not to exceed one year following a rebutted presumption of the identity of the person’s employer under Section 12928, in order to allow a person allegedly aggrieved by an unlawful practice to make a substitute identification of the actual employer.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For a period of time, not to exceed one year from the date the person aggrieved by an alleged violation of Section 51.7 of the Civil
Code becomes aware of the identity of a person liable for the alleged violation, but in no case exceeding three years from the date of the alleged violation if during that period the aggrieved person is unaware of the identity of any person liable for the alleged violation.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For a period of time not to exceed one year from the date that a person allegedly aggrieved by an unlawful practice attains the age of majority.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
For the periods of time specified in Section 52.5 of the Civil Code for complaints alleging a violation of that section.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any tolling or limitations period under any other law, the time for a complainant to file a civil action under a statute referenced in this section shall be tolled during the period commencing with the filing of a complaint with the
department for an alleged violation of that statute until either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The department files a civil action for the alleged violation under this part.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
One year after the department issues either of the following to a complainant:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Written notice that it has closed its investigation without electing to file a civil action for the alleged violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If the complainant timely appeals to the department the closure of their complaint, written notice that the complaint has remained closed following the appeal to the department.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The tolling provided under this subdivision shall apply retroactively.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision is not intended to revive claims that have already lapsed.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_B672E104-5041-4331-82A2-02AA5416BB25">
<ns0:Num>SEC. 52.</ns0:Num>
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Section 12965 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_B90E86FD-1313-40FA-A503-89DF360B2E72">
<ns0:Num>12965.</ns0:Num>
<ns0:LawSectionVersion id="id_0227EB06-4351-457F-A097-87688B9380EE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In the case of failure to eliminate an unlawful practice under this part through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director in the director’s discretion may bring a civil action in the name of the department, acting in the public interest, on behalf of the person claiming to be aggrieved.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Prior to filing a civil action, the department shall require all parties to participate in mandatory dispute resolution in the department’s internal dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In a civil action, the person claiming to be
aggrieved shall be the real party in interest and shall have the right to participate as a party and be represented by that person’s own counsel.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A civil action under this subdivision shall be brought in a county in which the department has an office, in a county in which unlawful practices are alleged to have been committed, in the county in which records relevant to the alleged unlawful practices are maintained and administered, in the county in which the person claiming to be aggrieved would have worked or would have had access to public accommodation, but for the alleged unlawful practices, in the county of the defendant’s residence or principal office, or, if the civil action includes class or group allegations on behalf of the department, in any county in the state.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For
a complaint treated by the director as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, a civil action shall be brought, if at all, within two years after the filing of the complaint.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a complaint alleging a violation of Section 51.7 of the Civil Code, a civil action shall be brought, if at all, within two years after the filing of the complaint.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For a complaint other than those specified in subparagraphs (A) and (B), a civil action shall be brought, if at all, within one year after the filing of a complaint.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled as follows:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
During a mandatory or voluntary dispute
resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the department’s dispute resolution division closes its mediation record and returns the case to the division that referred it.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For the period of time for which the department’s investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of Section 12963.5.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
During a timely appeal within the department of the closure of the complaint by the department.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, filing a complaint
means filing a verified complaint.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as specified in subparagraphs (B) and (C), if a civil action is not brought by the department pursuant to subdivision (a) within 150 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought pursuant to subdivision (a), the department shall promptly notify, in writing, the person claiming to be aggrieved that the department shall issue, on request, the right-to-sue notice. If the person claiming to be aggrieved does not request a right-to-sue notice, the department shall issue the notice upon completion of its investigation, and not later than one year after the filing of the complaint.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a complaint treated as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to
subdivision (b) of Section 12961, the department shall issue a right-to-sue notice upon completion of its investigation, and not later than two years after the filing of the complaint.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the department determines, in its discretion, that the complaint relates in whole or in part to a complaint filed in the name of the director or a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, the department shall issue a right-to-sue notice upon request by the person claiming to be aggrieved or, if the person claiming to be aggrieved does not request a right-to-sue notice, after the director’s complaint or group or class complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The notices specified in subparagraphs (A),
(B), and (C) shall indicate that the person claiming to be aggrieved may bring a civil action under this part against the person, employer, labor organization, or employment agency named in the verified complaint within one year from the date of that notice.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
This paragraph applies only to complaints alleging unlawful employment practices under Article 1 (commencing with Section 12940) of Chapter 6.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The deadlines specified in subparagraphs (A), (B), and (C) shall be tolled as follows:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
During a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the department’s dispute resolution division closes its mediation record and returns the case to the division that referred it.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For the period of time specified in a written agreement between the department and a respondent that was executed before the expiration of the applicable deadline.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For the period of time for which the department’s investigation is extended due to the pendency of a petition to compel as provided in subdivision (g) of Section 12963.5.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
During a timely appeal within the department of the closure of the complaint by the department.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A city, county, or district attorney in a location having an enforcement unit established on or before March 1, 1991, pursuant to a local ordinance enacted for the purpose of prosecuting HIV/AIDS discrimination claims, acting on behalf of any person claiming to be aggrieved due to HIV/AIDS discrimination, may also
bring a civil action under this part against the person, employer, labor organization, or employment agency named in the notice.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The superior courts of the State of California shall have jurisdiction of actions brought pursuant to this section, and the aggrieved person may file in these courts. An action may be brought in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to the practice are maintained and administered, or in the county in which the aggrieved person would have worked or would have had access to the public accommodation but for the alleged unlawful practice, but if the defendant is not found within any of these counties, an action may be brought within the county of the defendant’s residence or principal office.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A copy of any complaint filed pursuant to this part shall be
served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A civil action brought pursuant to this section shall not be filed as class actions and shall not be maintained as class actions by the person or persons claiming to be aggrieved if those persons have filed a civil class action in the federal courts alleging a comparable claim of employment discrimination against the same defendant or defendants.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorney’s fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or
groundless when brought, or the plaintiff continued to litigate after it clearly became so.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A court may grant as relief in any action filed pursuant to subdivision (a) any relief a court is empowered to grant in a civil action brought pursuant to subdivision (c), in addition to any other relief that, in the judgment of the court, will effectuate the purpose of this part. This relief may include a requirement that the employer conduct training for all employees, supervisors, and management on the requirements of this part, the rights and remedies of those who allege a violation of this part, and the employer’s internal grievance procedures. This relief may also include any relief available under any law enforced by the department pursuant to Section 12930. In addition, in order to vindicate the purposes and policies of this part, a court may assess against the defendant, if the civil complaint or amended civil complaint so prays, a civil
penalty of up to twenty-five thousand dollars ($25,000) to be awarded to a person denied any right provided for by Section 51.7 of the Civil Code, as an unlawful practice prohibited under this part.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The investigation of the charge is deferred by the department to the Equal Employment Opportunity Commission.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A right-to-sue notice
is issued to the person claiming to be aggrieved upon deferral of the charge by the department to the Equal Employment Opportunity Commission.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The time for commencing an action for which the statute of limitations is tolled under paragraph (1) expires when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision is intended to codify the holding in Downs v. Department of Water and Power of City of Los Angeles (1997) 58 Cal.App.4th 1093.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department, to the person claiming to be aggrieved, shall be tolled when all of the following
requirements have been met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The investigation of the charge is deferred by the Equal Employment Opportunity Commission to the Civil Rights Department.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
After investigation and determination by the department, the Equal Employment Opportunity Commission agrees to perform a substantial weight review of the determination of the department or conducts its own investigation of the claim filed by the aggrieved person.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The time for commencing an action for which the statute of limitations is tolled under paragraph (1) shall expire when the federal right-to-sue period to commence a civil action expires, or one
year from the date of the right-to-sue notice by the department, whichever is later.
</html:p>
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<ns0:Num>SEC. 53.</ns0:Num>
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Section 15475.6 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_3971E8AC-0D4D-4BCD-8F82-9CD506912615">
<ns0:Num>15475.6.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The office shall adopt guidelines setting forth the requirements, format, timing, and any other matters required to exercise its powers, perform its duties, and meet its responsibilities described in this part and Sections 326.1 and 326.2 of, and Chapter 6 (commencing with Section 8385) of Division 4.1 of, the Public Utilities Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Before adopting guidelines, the office shall hold at least one public meeting or workshop and allow all interested stakeholders and members of the public an opportunity to comment. Not less than 10 days’ public notice shall be given of any meetings or workshops required by this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Substantive changes to the guidelines shall not
be adopted without at least 30 days’ written notice to the public and opportunity to comment. This notice period may run concurrently with the meeting notice requirements in subdivision (a). If a substantive change is made after the 30-day public comment period and before the adoption of the guidelines, the full text of the resulting guidelines, with the change clearly indicated, shall be made available to the public for comments for at least 10 days before the office adopts the guidelines.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Any guidelines adopted pursuant to this section are exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Any duly adopted rules or guidelines in effect and used by the former Wildfire Safety Division as of July 1, 2021, shall remain valid and in effect as to the office pending the adoption of new or amended
guidelines by the office pursuant to this section.
</html:p>
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</ns0:LawSection>
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<ns0:BillSection id="id_A069E18C-9A09-439E-810A-9313DC92805D">
<ns0:Num>SEC. 54.</ns0:Num>
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Section 19829.9854 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_AE233B16-8B8A-4282-887E-92CF197A63F0">
<ns0:Num>19829.9854.</ns0:Num>
<ns0:LawSectionVersion id="id_AECD272D-3454-4915-9CB2-EDF54706524E">
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<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding Section 13340, for the 2026–27 fiscal year, if the Budget Act of 2026 is not enacted by July 1, 2026, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 5 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 6 (effective July 3, 2025, to July 2, 2028, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2027, inclusive), State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 9 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2027, inclusive),
State Bargaining Unit 13 (effective July 1, 2025, to June 30, 2027, inclusive), State Bargaining Unit 16 (effective July 1, 2025, to July 1, 2028, inclusive), State Bargaining Unit 18 (effective July 1, 2025, to July 1, 2028, inclusive), and State Bargaining Unit 19 (effective July 1, 2025, to June 30, 2028, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2026 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2026, of the 2026–27 fiscal year and the enactment of
the Budget Act of 2026.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 5 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 6 (effective July 3, 2025, to July 2, 2028, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2027, inclusive), State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 9 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2027, inclusive), State Bargaining Unit 13 (effective July 1, 2025, to June 30, 2027, inclusive), State Bargaining Unit 16 (effective July 1, 2025, to July 1, 2028, inclusive), State Bargaining Unit 18 (effective July 1, 2025, to July 1,
2028, inclusive), and State Bargaining Unit 19 (effective July 1, 2025, to June 30, 2028, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2026, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2026 for each affected department.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section shall only apply to an employee covered by the terms of the State Bargaining Unit 2 (effective July 1, 2025, to June 30, 2028,
inclusive), State Bargaining Unit 5 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 6 (effective July 3, 2025, to July 2, 2028, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2027, inclusive), State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 9 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2027, inclusive), State Bargaining Unit 13 (effective July 1, 2025, to June 30, 2027, inclusive), State Bargaining Unit 16 (effective July 1, 2025, to July 1, 2028, inclusive), State Bargaining Unit 18 (effective July 1, 2025, to July 1, 2028, inclusive), and State Bargaining
Unit 19 (effective July 1, 2025, to June 30, 2028, inclusive), memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memoranda of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 2 expires on June 30, 2028, the memorandum of understanding for State Bargaining Unit 5 expires on June 30, 2027, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2028, the memorandum of understanding for State Bargaining Unit 7 expires on June 30, 2027, the memorandum of understanding for State Bargaining Unit 8 expires on June 30, 2027, the memorandum for State Bargaining Unit 9 expires on June 30, 2028, the memorandum of understanding for State Bargaining Unit 10 expires on July 1, 2027, the memorandum of understanding for State Bargaining Unit 12 expires on June 30, 2027, the memorandum of understanding for State Bargaining Unit 13 expires on June 30, 2027, the memorandum of
understanding for State Bargaining Unit 16 expires on July 1, 2028, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2028, and the memorandum of understanding for State Bargaining Unit 19 expires on June 30, 2028.
</html:p>
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<ns0:BillSection id="id_754367D1-802B-4860-9C16-F5C484C9DF25">
<ns0:Num>SEC. 55.</ns0:Num>
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Section 53398.52 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_0F25627B-3193-48B3-8C18-B145FC666D1D">
<ns0:Num>53398.52.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A district may finance any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real or other tangible property with an estimated useful life of 15 years or longer that satisfies the requirements of subdivision (b).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The planning and design work that is directly related to the purchase, construction, expansion, or rehabilitation of property.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The costs described in Sections 53398.56 and 53398.57.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The ongoing or capitalized costs to maintain
public capital facilities financed in whole or in part by the district.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding clause (i), a district shall not use the proceeds of bonds issued pursuant to the authority in Article 4 (commencing with Section 53398.77) to finance maintenance of any kind.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The facilities are not required to be physically located within the boundaries of the district. However, any facilities financed outside of a district shall have a tangible connection to the work of the district, as detailed in the infrastructure financing plan adopted pursuant to Section 53398.69.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A district shall not finance the costs of an ongoing operation or providing services of any kind.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The district shall finance only public capital facilities or other specified
projects of communitywide significance that provide significant benefits to the district or the surrounding community, including, but not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Highways, interchanges, ramps and bridges, arterial streets, parking facilities, and transit facilities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Sewage treatment and water reclamation plants and interceptor pipes.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Facilities for the collection and treatment of water for urban uses.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Flood control levees and dams, retention basins, and drainage channels.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Childcare facilities.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Libraries.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Parks, recreational
facilities, and open space.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Facilities for the transfer and disposal of solid waste, including transfer stations and vehicles.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Brownfield restoration and other environmental mitigation.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The development of projects on a former military base, provided that the projects are consistent with the military base authority reuse plan and are approved by the military base reuse authority, if applicable.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The repayment of the transfer of funds to a military base reuse authority pursuant to Section 67851 that occurred on or after the creation of the district.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
The acquisition, construction, or rehabilitation of housing for persons of very low, low, and moderate income, as defined
in Sections 50105 and 50093 of the Health and Safety Code, for rent or purchase.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Acquisition, construction, or repair of industrial structures for private use.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Acquisition, construction, or repair of commercial structures by the small business occupant of such structures, if such acquisition, construction, or repair is for purposes of fostering economic recovery of a community and of ensuring the long-term economic sustainability of small businesses.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this paragraph and subject to subparagraph (C), “small business” means an independently owned and operated business that is not dominant in its field of operation, the principal office of which is located in California, the officers of which are domiciled in California, and which, together with affiliates, has 100
or fewer employees, and average annual gross receipts of fifteen million dollars ($15,000,000) or less over the previous three years, or is a manufacturer, as defined in subdivision (c) of Section 14837, with 100 or fewer employees. An “independently owned and operated business” shall include a formula retail business that is an independently owned franchise.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A district may set a lower threshold for the average annual gross receipts over the previous three years and for the number of employees described in subparagraph (B).
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Transit priority projects, as defined in Section 21155 of the Public Resources Code, that are located within a transit priority project area. For purposes of this paragraph, a transit priority project area may include a military base reuse plan that meets the definition of a transit priority project area and it may include a contaminated site within a
transit priority project area.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
Projects that implement a sustainable communities strategy, when the State Air Resources Board, pursuant to Chapter 2.5 (commencing with Section 65080) of Division 1 of Title 7, has accepted a metropolitan planning organization’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
Projects that enable communities to adapt to the impacts of climate change, including, but not limited to, higher average temperatures, decreased air and water quality, the spread of infectious and vector-borne diseases, other public health impacts, extreme weather events, sea level rise, flooding, heat waves, wildfires, and drought. This paragraph includes projects intended to improve air quality.
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
Port or harbor infrastructure, as defined by Section 1698 of the Harbors and Navigation Code.
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
The acquisition, construction, or improvement of broadband internet access service. For purposes of this section, “broadband internet access services” has the same meaning as defined in Section 53167. A district that acquires, constructs, or improves broadband
internet access service may transfer the management and control of those facilities to a local agency that is authorized to provide broadband internet access service, and that local agency when providing that service shall comply with the requirements of Article 12 (commencing with Section 53167) of Chapter 1.
</html:p>
<html:p>
(20)
<html:span class="EnSpace"/>
Facilities in which nonprofit community organizations provide health, youth, homeless, and social services.
</html:p>
<html:p>
(21)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For districts at least partially in high or very high fire hazard severity zones designated by the State Fire Marshal pursuant to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code, the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Heavy equipment to be used for vegetation clearance and firebreaks.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Undergrounding of local publicly owned electric utilities, as defined in Section 224.3 of the Public Utilities Code, against wildfires.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Equipment used for fire watch, prevention, and fighting, including, but not limited to, helicopters, air tankers, and technological advancements to weather and wind science infrastructure, risk modeling, and prediction.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A district shall not use
the proceeds of bonds issued pursuant to the authority in Article 4 (commencing with Section 53398.77) to finance the equipment described in clause (i) or (iii) of subparagraph (A).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The district shall require, by recorded covenants or restrictions, that housing units built pursuant to this section shall remain available at affordable housing costs to, and occupied by, persons and families of very low, low, or moderate income for the longest feasible time, but for not less than 55 years for rental units and 45 years for owner-occupied units.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The district may finance mixed-income housing developments, but may finance only those units in such a development that are restricted to occupancy by persons of very low, low, or moderate incomes as defined in Sections 50105 and 50093 of the Health and Safety Code, and those onsite facilities for childcare, after school care, and
social services that are integrally linked to the tenants of the restricted units.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A district may utilize any powers under either the Polanco Redevelopment Act (Article 12.5 (commencing with Section 33459) of Chapter 4 of Part 1 of Division 24 of the Health and Safety Code) or Chapter 6.10 (commencing with Section 25403) of Division 20 of the Health and Safety Code, and finance any action necessary to implement that act.
</html:p>
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<ns0:BillSection id="id_27BF8CC8-BF9D-4D85-AFA0-600DD527B786">
<ns0:Num>SEC. 56.</ns0:Num>
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Section 54953.4 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_F3A6C293-17D9-439F-9A34-329F873C4B2D">
<ns0:Num>54953.4.</ns0:Num>
<ns0:LawSectionVersion id="id_C71869BA-1E95-4734-8178-9401CD12CF7E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares that public access, including through translation of agendas as required by this section, is necessary for an informed populace. The Legislature encourages local agencies to adopt public access requirements that exceed the requirements of this chapter by translating additional languages, employing human translators, and conducting additional outreach.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to any other applicable requirements of this chapter, a meeting held by an eligible legislative body pursuant to this chapter shall comply with
both of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
(ia)
<html:span class="EnSpace"/>
All open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform, except if adequate telephonic or internet service is not operational at the meeting location. If adequate telephonic or internet service is operational at the meeting location during only a portion of the meeting, the legislative body shall include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform during that portion of the meeting.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
(Ia)
<html:span class="EnSpace"/>
On or before July 1, 2026, an eligible legislative body shall approve at a noticed public meeting in open session, not on the consent calendar, a policy regarding disruption of
telephonic or internet service occurring during meetings subject to this sub-subclause. The policy shall address the procedures for recessing and reconvening a meeting in the event of disruption and the efforts that the eligible legislative body shall make to attempt to restore the service.
</html:p>
<html:p>
(Ib)
<html:span class="EnSpace"/>
If a disruption of telephonic or internet service that prevents members of the public from attending or observing the meeting via the two-way telephonic service or two-way audiovisual platform occurs during the meeting, the eligible legislative body shall recess the open session of the meeting for at least one hour and make a good faith attempt to restore the service. The eligible legislative body may meet in closed session during this period. The eligible legislative body shall not reconvene the open session of the meeting until at least one hour following the disruption, or until telephonic or internet service is restored, whichever is earlier.
</html:p>
<html:p>
(Ic)
<html:span class="EnSpace"/>
Upon reconvening the open session, if telephonic or internet service has not been restored, the eligible legislative body shall adopt a finding by rollcall vote that good faith efforts to restore the telephonic or internet service have been made in accordance with the policy adopted pursuant to sub-sub-subclause (Ia) and that the public interest in continuing the meeting outweighs the public interest in remote public access.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Subclause (I) does not apply to a meeting that is held to do any of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
Attend a judicial or administrative proceeding to which the local agency is a party.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
Inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal property.
</html:p>
<html:p>
(ic)
<html:span class="EnSpace"/>
Meet with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction.
</html:p>
<html:p>
(id)
<html:span class="EnSpace"/>
Meet in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility.
</html:p>
<html:p>
(ie)
<html:span class="EnSpace"/>
Meet in an emergency situation pursuant to Section 54956.5.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If an eligible legislative body elects to provide a two-way audiovisual platform, the eligible legislative body shall publicly post and provide a call-in option, and activate any automatic captioning function during the meeting if an automatic captioning function is included with the two-way audiovisual
platform. If an eligible legislative body does not elect to provide a two-way audiovisual platform, the eligible legislative body shall provide a two-way telephonic service for the public to participate in the meeting, pursuant to subclause (I).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
All open and public meetings for which attendance via a two-way telephonic service or a two-way audiovisual platform is provided in accordance with subparagraph (A) shall provide the public with an opportunity to provide public comment in accordance with Section 54954.3 via the two-way telephonic or two-way
audiovisual platform, and ensure the opportunity for the members of the public participating via a two-way telephonic or two-way audiovisual platform to provide public comment with the same time allotment as a person attending a meeting in person.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
An eligible legislative body shall reasonably assist members of the public who wish to translate a public meeting into any language or wish to receive interpretation provided by another member of the public, so long as the interpretation is not disrupting to the meeting, as defined in Section 54957.95. The eligible legislative body shall publicize instructions on how to request assistance under this paragraph. Assistance may include any of the following, as determined by
the eligible legislative body:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Arranging space for one or more interpreters at the meeting location.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Allowing extra time during the meeting for interpretation to occur.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Ensuring participants may utilize their personal equipment or reasonably access facilities for participants to access commercially available interpretation services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This section does not require an eligible legislative body to provide interpretation of any public meeting, however, an eligible legislative body may elect to provide interpretation of any public meeting.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The eligible legislative body is not responsible for the content or accuracy of any interpretation facilitated, assisted with, or
provided under this paragraph. An action shall not be commenced or maintained against the eligible legislative body arising from the content or accuracy of any interpretation facilitated, assisted with, or provided under this paragraph.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An eligible legislative body shall take the following actions to encourage residents, including those in underrepresented communities and non-English-speaking communities, to participate in public meetings:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Have in place a system for
electronically accepting and fulfilling requests for meeting agendas and documents pursuant to Section 54954.1 through email or through an integrated agenda management platform. Information about how to make a request using this system shall be accessible through a prominent direct link posted on the primary internet website home page of the eligible legislative body.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Create and maintain an accessible internet webpage dedicated to public meetings that includes, or provides a link to, all of the following information:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A general explanation of the public meeting process for the eligible legislative body.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
An explanation of the procedures for a member of the public to provide in-person or remote oral public comment during a public meeting or to submit written public comment.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A calendar of all public meeting dates with calendar listings that include the date, time, and location of each public meeting.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The agenda posted online pursuant to paragraph (2) of subdivision (a) of Section 54954.2.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The eligible legislative body shall include a link to the webpage required by subparagraph (A) on the home page of the eligible legislative body’s internet website.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Make reasonable efforts, as determined by the legislative body, to invite groups that do not traditionally participate in public meetings to attend those meetings, which may include, but are not limited to, all the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Media organizations that provide news
coverage in the jurisdiction of the eligible legislative body, including media organizations that serve non-English-speaking communities.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Good government, civil rights, civic engagement, neighborhood, and community group organizations, or similar organizations that are active in the jurisdiction of the eligible legislative body, including organizations active in non-English-speaking communities.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Legislative bodies shall have broad discretion in the choice of reasonable efforts they make under this subparagraph. No action shall be commenced or maintained against an eligible legislative body arising from failing to provide public meeting information to any specific group pursuant to this subparagraph.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The agenda for each meeting of an eligible
legislative body shall be translated into all applicable languages, and each translation shall be posted in accordance with Section 54954.2. Each translation shall include instructions in the applicable language describing how to join the meeting by the telephonic or internet-based service option, including any requirements for registration for public comment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The accessible internet webpage provided under subparagraph (B) of paragraph (3) of subdivision (b) shall be translated into all applicable languages, and each translation shall be accessible through a prominent direct link posted on the primary internet website home page of the eligible legislative body.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A translation made using a digital translation service shall satisfy the requirements of paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The eligible legislative body shall make
available a physical location that is freely accessible to the public in reasonable proximity to the physical location in which the agenda and translations are posted as described in paragraph (1), and shall allow members of the public to post additional translations of the agenda in that location.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The eligible legislative body is not responsible for the content or accuracy of any translation provided pursuant to this subdivision. No action shall be commenced or maintained against an eligible legislative body arising from the content, accuracy, posting, or removal of any translation provided by the eligible legislative body or posted by any person pursuant to this subdivision.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For the purposes of this section, the agenda does not include the entire agenda packet.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section shall not be construed to
affect or supersede any other applicable civil rights, nondiscrimination, or public access laws.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of this section, all of the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Applicable languages” means languages, according to data from the most recent American Community Survey, spoken jointly by 20 percent or more of the applicable population, provided that 20 percent or more of the population that speaks that language in that city or county speaks English less than “very well.”
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For the purposes of subparagraph (A), the applicable population shall be determined as follows:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For an eligible legislative body that is a city council or county board of supervisors, the applicable population shall be the population of the
city or county.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For an eligible legislative body of a special district, the applicable population shall be either of the following, at the discretion of the board of directors of the special district:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The population of the county with the greatest population within the boundaries of the special district.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The population of the service area of the special district, if the special district has the data to determine what languages spoken by the population within its service area meet the requirements of paragraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If more than three languages meet the criteria set forth in subparagraph (A), “applicable languages” shall mean the three languages described in subparagraph (A) that are spoken by the largest percentage of the
population.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An eligible legislative body may elect to determine the applicable languages based upon a source other than the most recent American Community Survey if it makes a finding, based upon substantial evidence, that the other source provides equally or more reliable data for the territory over which the eligible legislative body exercises jurisdiction.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Eligible legislative body” means any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A city council of a city with a population of 30,000 or more.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A county board of supervisors of a county, or city and county, with a population of 30,000 or more.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A city council of a city located in a county with a population of 600,000 or more.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The board of directors of a special district that has an internet website and meets any of the following conditions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The boundaries of the special district include the entirety of a county with a population of 600,000 or more, and the special district has over 200 full-time equivalent employees.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The special district has over 1,000 full-time equivalent employees.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The special district has annual revenues, based on the most recent Financial Transaction Report data published by the California State Controller, that exceed four hundred million dollars ($400,000,000), adjusted annually for inflation commencing January 1, 2027, as measured by the percentage change in the California Consumer Price Index from January 1 of the prior year to
January 1 of the current year, and the special district employs over 200 full-time equivalent employees.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall become operative on July 1, 2026.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
</html:p>
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<ns0:BillSection id="id_8301A963-2B61-4264-9CFE-BD1C76D20D34">
<ns0:Num>SEC. 57.</ns0:Num>
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Section 54953.8 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_4258858E-1AF0-4286-BB8A-6CFD6F814AF9">
<ns0:Num>54953.8.</ns0:Num>
<ns0:LawSectionVersion id="id_8CBCBDFC-7848-4FFF-A978-77313265A2F5">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The legislative body of a local agency may use teleconferencing as authorized by subdivision (b) of Section 54953 without complying with the requirements of paragraph (3) of subdivision (b) of Section 54953 in any of the circumstances described in Sections 54953.8.1 to 54953.8.7, inclusive.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A legislative body that holds a teleconference meeting pursuant to this section shall, in addition to any other applicable requirements of this chapter, comply with all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A two-way audiovisual platform.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A two-way telephonic service and a live webcasting of the meeting.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In each instance in which notice of the time of the teleconference meeting held pursuant to this section is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a
disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform,
not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to paragraph (5), to provide public comment until that timed public comment period has elapsed.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to
register, pursuant to paragraph (5), or otherwise be recognized for the purpose of providing public comment.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to paragraph (5), until the timed general public comment period has elapsed.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Any member of the legislative body who participates in a teleconference meeting from a remote location pursuant to this section and the specific provision of law that the member relied upon to permit their participation by teleconferencing shall be listed in the minutes of the meeting.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The legislative body shall have and implement a procedure for receiving and swiftly resolving
requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A local agency shall identify and make available to legislative bodies a list of one or more meeting locations that may be available for use by the legislative bodies to conduct their meetings.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This section does not prohibit a legislative body from providing the public with additional teleconference locations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This section does not prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A member of a legislative body who participates in a teleconference meeting from a remote location pursuant
to this section shall publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with those individuals.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The teleconferencing provisions described in Section 54953 and Sections 54953.8.1 to 54953.8.7, inclusive, are cumulative. A legislative body may elect to use any teleconferencing provisions that are applicable to a meeting, regardless of whether any other teleconferencing provisions would also be applicable to that meeting.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Remote location” means a location from which a member of a legislative body participates in a meeting pursuant to paragraph (7) of subdivision (b),
other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. A two-way audiovisual platform may be structured to disable the use of video for the public participants.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Webcasting” means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers.
</html:p>
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<ns0:BillSection id="id_9689C07B-DD70-40AB-BD12-51C368BD2B3C">
<ns0:Num>SEC. 58.</ns0:Num>
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Section 54953.8.1 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_A295E64E-F5BB-48A5-80DC-1A75C00D5F46">
<ns0:Num>54953.8.1.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A health authority may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Nothing in this section or Section 54953.8 shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1
(commencing with Section 6500) of Chapter 5 of Division 7
of Title 1 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_EC64325B-21D9-49F4-AAF9-36EEC58D578B">
<ns0:Num>SEC. 59.</ns0:Num>
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Section 54954.2 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_A7BDD883-27D9-4647-AB20-FD5CC86048C5">
<ns0:Num>54954.2.</ns0:Num>
<ns0:LawSectionVersion id="id_F4BE27EB-2864-4B03-BBDC-B6793A2469E1">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda that meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency’s internet website, if the local agency has one.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For a meeting occurring on and after January 1, 2019, of a legislative body of a
city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website, the following provisions shall apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An online posting of an agenda shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An online posting of an agenda, including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Retrievable, downloadable, indexable, and electronically searchable by commonly used internet search applications.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Platform independent and machine readable.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A direct link to the integrated agenda management platform shall be posted on the primary
internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an internet website with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The current agenda of the legislative body of a
city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
For purposes of this paragraph, both of the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Integrated agenda management platform” means an
internet website of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Legislative body” means a legislative body that meets the definition of subdivision (a) of Section 54952.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may
ask a question for clarification, make a brief announcement, or make a brief report on their own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section
54956.5.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of
the California Constitution.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s internet website, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A legislative body as that term is defined by subdivision (a) of Section 54952.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.
</html:p>
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<ns0:Num>SEC. 60.</ns0:Num>
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Section 54957.9 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_42EB4988-384B-4FC5-8410-DEE7BC5A17D9">
<ns0:Num>54957.9.</ns0:Num>
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<ns0:Content>
<html:p>In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in the session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section.
This section does not prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.</html:p>
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<ns0:BillSection id="id_F07860EB-8095-4999-9A4A-2A2ECF949CB9">
<ns0:Num>SEC. 61.</ns0:Num>
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Section 63049.71 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_7F10C494-BD58-4FD2-A217-AB2E986C3B81">
<ns0:Num>63049.71.</ns0:Num>
<ns0:LawSectionVersion id="id_C3BBD92B-F568-423E-BD12-76DDED972396">
<ns0:Content>
<html:p>The following definitions contained in this section are in addition to the definitions contained in Section 63010 and together with the definitions contained in that section shall govern the construction of this article, unless the context requires otherwise:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Accelerator financing plan” means a report by the bank for accelerator projects identified in subdivision (e) of Section 63049.73. The accelerator financing plan shall be based on the bank’s direct consultation with the accelerator.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“California Transmission Accelerator project” or “accelerator project” means any building, structure, equipment, infrastructure, or other improvement within this state, or financing the general needs, including working capital,
of any participating party for operations or activities within this state that are consistent with, and intended to, develop transmission projects for the public benefit to further California’s clean energy goals and to reduce or offset ratepayer costs.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“California Transmission Accelerator Revolving Fund” or “Accelerator Revolving Fund” means any revolving fund by that name created under, and administered pursuant to, this article to provide financial assistance for eligible transmission projects.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“California Transmission Accelerator Revolving Fund Program” or “Accelerator Revolving Fund Program” means the program authorized by this article to administer the California Transmission Accelerator Revolving Fund and to provide financial assistance for eligible transmission projects, to be administered by the bank pursuant to this article and any guidelines adopted by the
accelerator.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Eligible transmission project” means a project as described in subdivision (f) of Section 63049.73, selected by the accelerator, and approved by the bank for financial assistance pursuant to subdivision (i) of Section 63049.73.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Funded without return on equity,” as that term is used in Section 94510 of the Public Resources Code, means, solely for the portion of a project funded by the California Transmission Accelerator Revolving Fund provided by this article, that no return on equity shall be generated and distributed to shareholders.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Participating party” has the same meaning as defined in Section 63010 and includes an eligible applicant, as that term is used in Chapter 1 (commencing with Section 90000) of Division 50 of the Public Resources Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of providing financial assistance to projects related to Chapter 9 (commencing with Section 94500) of Division 50 of the Public Resources Code, the participating party shall be limited to eligible applicants as defined in Chapter 1
(commencing with Section 90000) of Division 50 of the Public Resources Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Transmission Infrastructure Accelerator” or “accelerator” means the Transmission Infrastructure Accelerator established pursuant to Section 12100.110 of the Government Code.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_6808420E-F262-47A1-9243-C7F0EDA04814">
<ns0:Num>SEC. 62.</ns0:Num>
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Section 65589.5 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_610E8111-BBE7-4F8D-B3D4-EDE00C07819D">
<ns0:Num>65589.5.</ns0:Num>
<ns0:LawSectionVersion id="id_6CFB091A-50C4-4E39-81EC-CDE1EA21977F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The lack of housing, including emergency shelters, is a critical problem that threatens the economic, environmental, and social quality of life in California.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
California housing has become the most expensive in the nation. The excessive cost of the state’s housing supply is partially caused by activities and policies of many local governments that limit the approval of housing, increase the cost of land for housing, and require that high fees and exactions be paid by producers of housing.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Among the consequences of those actions are
discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Many local governments do not give adequate attention to the economic, environmental, and social costs of decisions that result in disapproval of housing development projects, reduction in density of housing projects, and excessive standards for housing development projects.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In enacting the amendments made to this section by the act adding this paragraph, the Legislature further finds and declares the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting
millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
While the causes of this crisis are multiple and complex, the absence of meaningful and effective policy reforms to significantly enhance the approval and supply of housing affordable to Californians of all income levels is a key factor.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The crisis has grown so acute in California that supply, demand, and affordability fundamentals are characterized in the negative: underserved demands, constrained supply, and protracted unaffordability.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
According to reports and data, California has accumulated an unmet housing backlog of nearly 2,000,000 units and must
provide for at least 180,000 new units annually to keep pace with growth through 2025.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
California’s overall home ownership rate is at its lowest level since the 1940s. The state ranks 49th out of the 50 states in home ownership rates as well as in the supply of housing per capita. Only one-half of California’s households are able to afford the cost of housing in their local regions.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Lack of supply and rising costs are compounding inequality and limiting advancement opportunities for many Californians.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The majority of California renters, more than 3,000,000 households, pay more than 30 percent of their income toward rent and nearly one-third, more than 1,500,000 households, pay more than 50 percent of their income toward rent.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
When
Californians have access to safe and affordable housing, they have more money for food and health care; they are less likely to become homeless and in need of government-subsidized services; their children do better in school; and businesses have an easier time recruiting and retaining employees.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
An additional consequence of the state’s cumulative housing shortage is a significant increase in greenhouse gas emissions caused by the displacement and redirection of populations to states with greater housing opportunities, particularly working- and middle-class households. California’s cumulative housing shortfall therefore has not only national but international environmental consequences.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
California’s housing picture has reached a crisis of historic proportions despite the fact that, for decades, the Legislature has enacted numerous statutes intended to significantly
increase the approval, development, and affordability of housing for all income levels, including this section.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
The Legislature’s intent in enacting this section in 1982 and in expanding its provisions since then was to significantly increase the approval and construction of new housing for all economic segments of California’s communities by meaningfully and effectively curbing the capability of local governments to deny, reduce the density for, or render infeasible housing development projects and emergency shelters. That intent has not been fulfilled.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
It is the policy of the state that this section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, housing.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the conditions that
would have a specific, adverse impact upon the public health and safety, as described in paragraph (2) of subdivision (d) and paragraph (1) of subdivision (j), arise infrequently.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the amendments removing provisions from subparagraphs (D) and (E) of paragraph (6) of subdivision (h) and adding those provisions to Sections 65589.5.1 and 65589.5.2 by Assembly Bill 1413 (2023), insofar as they are substantially the same as existing law, shall be considered restatements and continuations of existing law, and not new enactments.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the policy of the state that a local government not reject or make infeasible housing development projects, including emergency shelters, that contribute to meeting the need determined pursuant to this article without a thorough analysis of the economic, social, and environmental effects of the action and
without complying with subdivision (d).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Legislature also recognizes that premature and unnecessary development of agricultural lands for urban uses continues to have adverse effects on the availability of those lands for food and fiber production and on the economy of the state. Furthermore, it is the policy of the state that development should be guided away from prime agricultural lands; therefore, in implementing this section, local jurisdictions should encourage, to the maximum extent practicable, in filling existing urban areas.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For a housing development project for very low, low-, or moderate-income households, or an emergency shelter, a local agency shall not disapprove the housing development project or emergency shelter, or condition approval in a manner that renders the housing development project or emergency shelter infeasible, including through the use of
design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588, is in substantial compliance with this article, and the jurisdiction has met or exceeded its share of the regional housing need allocation pursuant to Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons prohibited by Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the housing development
project. The share of the regional housing need met by the jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the Department of Housing and Community Development pursuant to Section 65400. In the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. Any disapproval or conditional approval pursuant to this paragraph shall be in accordance with applicable law, rule, or standards.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The housing development project or emergency shelter as proposed 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 without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially
infeasible. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Inconsistency with the zoning ordinance or general plan land use designation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The denial of the housing development project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development
unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The housing development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
On the date an application for the housing development project or emergency shelter was deemed complete, the jurisdiction had adopted a revised housing element that was in substantial compliance with this article, and the housing development project or emergency shelter was inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
This paragraph shall not be utilized to disapprove or conditionally approve a housing development project proposed on a site, including a candidate site for rezoning, that is identified as suitable or available for very low, low-, or moderate-income households in the jurisdiction’s housing element if the housing development project is consistent with the density specified in the housing element, even though the housing development project was inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation on the date the application was deemed complete.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the local agency has failed to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, has failed to demonstrate that the identified zone or zones include sufficient capacity to accommodate the need for
emergency shelter identified in paragraph (7) of subdivision (a) of Section 65583, or has failed to demonstrate that the identified zone or zones can accommodate at least one emergency shelter, as required by paragraph (4) of subdivision (a) of Section 65583, then this paragraph shall not be utilized to disapprove or conditionally approve an emergency shelter proposed for a site designated in any element of the general plan for industrial, commercial, or multifamily residential uses. In any action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the requirements of paragraph (4) of subdivision (a) of Section 65583.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
On the date an application for the housing development project or emergency shelter was deemed complete, the jurisdiction did not have an adopted revised housing element that was in substantial compliance with this article and the housing development project is not a
builder’s remedy project.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall not be construed to relieve the local agency from complying with the congestion management program required by Chapter 2.6 (commencing with Section 65088) or the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Neither shall anything in this section be construed to relieve the local agency from making one or more of the findings required pursuant to Section 21081 of the Public Resources Code or otherwise complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraphs (6) and (8) of this subdivision, and subdivision (o), nothing in this section shall be construed to prohibit a local agency from requiring the housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction’s share of the regional housing need pursuant to Section 65584. However, the development standards, conditions, and policies shall be applied to facilitate and accommodate development at the density permitted on the site and proposed by the development. This section does not limit a project’s eligibility for a density
bonus, incentive, or concession, or waiver or reduction of development standards and parking ratios, pursuant to Section 65915.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except as provided in subdivision (o), this section shall not be be construed to prohibit a local agency from requiring an emergency shelter project to comply with objective, quantifiable, written development standards, conditions, and policies that are consistent with paragraph (4) of subdivision (a) of Section 65583 and appropriate to, and consistent with, meeting the jurisdiction’s need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. However, the development standards, conditions, and policies shall be applied by the local agency to facilitate
and accommodate the development of the emergency shelter project.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Except as provided in subdivision (o), this section shall not be construed to prohibit a local agency from imposing fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to the housing development project or emergency shelter.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this section, a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a
reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For purposes of this section, a change to the zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) to (5), inclusive, all of the following apply to a housing development project that is a builder’s remedy project:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A local agency may only require the project to comply with the objective, quantifiable, written development standards, conditions, and policies that would have applied to the project had it been proposed on a site with a general plan designation and
zoning classification that allow the density and unit type proposed by the applicant. If the local agency has no general plan designation or zoning classification that would have allowed the density and unit type proposed by the applicant, the development proponent may identify any objective, quantifiable, written development standards, conditions, and policies associated with a different general plan designation or zoning classification within that jurisdiction, that facilitate the project’s density and unit type, and those shall apply.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Except as authorized by paragraphs (1) to (4), inclusive, of subdivision (d), a local agency shall not apply any individual or combination of objective, quantifiable, written development standards, conditions, and policies to the project that do any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Render the project infeasible.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Preclude a project that meets the requirements allowed to be imposed by subparagraph (A), as modified by any density bonus, incentive, or concession, or waiver or reduction of development standards and parking ratios, pursuant to Section 65915, from being constructed as proposed by the applicant.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The local agency shall bear the burden of proof of complying with clause (i).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A project applicant that qualifies for a density bonus pursuant to Section 65915 shall receive two incentives or concessions in addition to those granted pursuant to paragraph (2) of subdivision (d) of Section 65915.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For a project seeking density bonuses, incentives, concessions, or any other benefits pursuant to Section 65915, and
notwithstanding paragraph (6) of subdivision (o) of Section 65915, for purposes of this paragraph, maximum allowable residential density or base density means the density permitted for a builder’s remedy project pursuant to subparagraph (C) of paragraph (11) of subdivision (h).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A local agency shall grant any density bonus pursuant to Section 65915 based on the number of units proposed and allowable pursuant to subparagraph (C) of paragraph (11) of subdivision (h).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A project that dedicates units to extremely low income households pursuant to subclause (I) of clause (i) of subparagraph (C) of paragraph (3) of subdivision (h) shall be eligible for the same density bonus,
incentives or concessions, and waivers or reductions of development standards as provided to a housing development project that dedicates three percentage points more units to very low income households pursuant to paragraph (2) of subdivision (f) of Section 65915.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
All units dedicated to extremely low income, very low income, low-income, and moderate-income households pursuant to paragraph (11) of subdivision (h) shall be counted as affordable units in determining whether the applicant qualifies for a density bonus pursuant to Section 65915.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The project shall not be required to apply for, or receive approval of, a general plan amendment, specific
plan amendment, rezoning, or other legislative approval.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The project shall not be required to apply for, or receive, any approval or permit not generally required of a project of the same type and density proposed by the applicant.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Any project that complies with this paragraph shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, redevelopment plan and implementing instruments, or other similar provision for all purposes, and shall not be considered or treated as a nonconforming lot, use, or structure for any purpose.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A local agency shall not adopt or impose any requirement, process, practice, or procedure or undertake any course of conduct, including, but not limited to, increased fees or inclusionary housing requirements,
that applies to a project solely or partially on the basis that the project is a builder’s remedy project.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A builder’s remedy project shall be deemed to be in compliance with the residential density standards for the purposes of complying with subdivision (b) of Section 65912.123.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A builder’s remedy project shall be deemed to be in compliance with the objective zoning standards, objective subdivision standards, and objective design review standards for the purposes of complying with paragraph (5) of subdivision (a) of Section 65913.4.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
If the local agency had a local affordable housing requirement, as defined in Section 65912.101, that on January 1, 2024, required a greater percentage of affordable units than required under
subparagraph (A) of paragraph (11) of subdivision (h), or required an affordability level deeper than what is required under subparagraph (A) of paragraph (11) of subdivision (h), then, except as provided in subclauses (II) and (III), the local agency may require a housing development for mixed-income households to comply with an otherwise lawfully applicable local affordability percentage or affordability level. The local agency shall not require housing for mixed-income households to comply with any other aspect of the local affordable housing requirement.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Notwithstanding subclause (I), the local affordable housing requirements shall not be applied to require housing for mixed-income households to dedicate more than 20 percent of the units to affordable units of any kind.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Housing for mixed-income households that is required to dedicate 20 percent of the units to
affordable units shall not be required to dedicate any of the affordable units at an income level deeper than lower income households, as defined in Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
A local agency may only require housing for mixed-income households to comply with the local percentage requirement or affordability level described in subclause (I) if it first makes written findings, supported by a preponderance of evidence, that compliance with the local percentage requirement or the affordability level, or both, would not render the housing development project infeasible. If a reasonable person could find compliance with either requirement, either alone or in combination, would render the project infeasible, the project shall not be required to comply with that requirement.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Affordable units in the development project shall have a comparable bedroom and
bathroom count as the market rate units.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Each affordable unit dedicated pursuant to this subparagraph shall count toward satisfying a local affordable housing requirement. Each affordable unit dedicated pursuant to a local affordable housing requirement that meets the criteria established in this subparagraph shall count towards satisfying the requirements of this subparagraph. This is declaratory of existing law.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For a housing development project application that is deemed complete before January 1, 2025, the development proponent for the project may choose to be subject to the provisions of this section that were in place on the date the preliminary application was submitted, or, if the project meets the definition of a builder’s remedy project, it may choose to be subject to any or all of the provisions of this section applicable as of
January 1, 2025.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subdivision (c) of Section 65941.1, for a housing development project deemed complete before January 1, 2025, the development proponent may choose to revise their application so that the project is a builder’s remedy project, without being required to resubmit a preliminary application, even if the revision results in the number of residential units or square footage of construction changing by 20 percent or more.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A housing development project proposed on a site that is identified as suitable or available for very low, low-, or moderate-income households in the jurisdiction’s housing element, that is consistent with the density specified in the most recently updated and adopted housing element, and that is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation on the date the application was deemed
complete, shall be subject to the provisions of subparagraphs (A), (B), and (D) of paragraph (6) and paragraph (9).
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
For purposes of this subdivision, “objective, quantifiable, written development standards, conditions, and policies” means criteria that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal, including, but not limited to, any standard, ordinance, or policy described in paragraph (4) of subdivision (o). Nothing herein shall affect the obligation of the housing development project to comply with the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code. In the event that applicable
objective, quantifiable, written development standards, conditions, and policies are mutually inconsistent, a development shall be deemed consistent with the criteria that permits the density and unit type closest to that of the proposed project.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall be applicable to charter cities because the Legislature finds that the lack of housing, including emergency shelter, is a critical statewide problem.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The following definitions apply for the purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Housing development project” means a use consisting of any of the
following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Residential units only.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Mixed-use developments consisting of residential and nonresidential uses that meet any of the following conditions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A mixed-use development that meets both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
At least two-thirds of the new or converted square footage is designated for residential use.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
(ia)
<html:span class="EnSpace"/>
No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
(Ia)
<html:span class="EnSpace"/>
Notwithstanding sub-subclause (ia), if a mixed-use project as defined in this paragraph includes a hotel, motel, bed and breakfast
inn, or other transient lodging, the portion of the mixed-use project which does not include a hotel, motel, bed and breakfast inn, or other transient lodging shall be considered a housing development project.
</html:p>
<html:p>
(Ib)
<html:span class="EnSpace"/>
The local agency may separately approve the portion of the project that includes a hotel, motel, bed and breakfast inn, or other transient lodging, which shall not be eligible for any benefits conferred on a housing development project by state law, including, but not limited to those available to a development under Section 65913.4.
</html:p>
<html:p>
(ic)
<html:span class="EnSpace"/>
For purposes of this subclause, the term “other transient lodging” does not include either of the following:
</html:p>
<html:p>
(Ia)
<html:span class="EnSpace"/>
A residential hotel, as defined in Section 50519 of the Health and Safety Code.
</html:p>
<html:p>
(Ib)
<html:span class="EnSpace"/>
After
the issuance of a certificate of occupancy, a resident’s use or marketing of a unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, in a manner consistent with local law.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
At least 50 percent of the new or converted square footage is designated for residential use and the project meets both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The project includes at least 500 net new residential units.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except a portion of the project may be designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
At least 50 percent of the net new or converted square footage is
designated for residential use and the project meets all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The project includes at least 500 net new residential units.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The project involves the demolition or conversion of at least 100,000 square feet of nonresidential use.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The project demolishes at least 50 percent of the existing nonresidential uses on the site.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except a portion of the project may be designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Transitional housing or supportive housing.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Housing for very low, low-, or moderate-income households” means housing for lower income households, mixed-income households, or moderate-income households.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Housing for lower income households” means a housing development project in which 100 percent of the units, excluding managers’ units, are dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code, at an affordable cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. The units shall be subject to a recorded deed restriction for a period of 55
years for rental units and 45 years for owner-occupied units.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
“Housing for mixed-income households” means any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A housing development project in which at least 7 percent of the total units, as defined in subparagraph (A) of paragraph (9) of subdivision (o) of Section 65915, are dedicated to extremely low income households, as defined in Section 50106 of the Health and Safety Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
A housing development project in which at least 10 percent of the total units, as defined in subparagraph (A) of paragraph
(9) of subdivision (o) of Section 65915, are dedicated to very low income households, as defined in Section 50105 of the Health and Safety Code.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A housing development project in which at least 13 percent of the total units, as defined in subparagraph (A) of paragraph (9) of subdivision (o) of Section 65915, are dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
A housing development project in which there are 10 or fewer total units, as defined in subparagraph (A) of paragraph
(9) of subdivision (o) of Section 65915, that is on a site that is smaller than one acre, and that is proposed for development at a minimum density of 10 units per acre.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
All units dedicated to extremely low income, very low income, and low-income households pursuant to clause (i) shall meet both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The units shall have an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The development proponent shall agree to, and the local agency shall ensure, the continued affordability of all affordable rental units included pursuant to this section for 55 years and all affordable ownership units included pursuant to this section for a period of
45 years.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
“Housing for moderate-income households” means a housing development project in which 100 percent of the units are sold or rented to moderate-income households, as defined in Section 50093 of the Health and Safety Code, at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code. The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Area median income” means area median income as periodically established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notwithstanding any other law, “deemed complete” means that the applicant has submitted
a preliminary application pursuant to Section 65941.1 or, if the applicant has not submitted a preliminary application, has submitted a complete application pursuant to Section 65943. The local agency shall bear the burden of proof in establishing that the application is not complete.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Disapprove the housing development project” includes any instance in which a local agency does any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Votes or takes final administrative action on a proposed housing development project application and the application is disapproved, including any required land use approvals or entitlements necessary for the issuance of a building permit.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Fails to comply with the time periods specified in subdivision (a) of Section 65950. An extension of time pursuant to Article 5 (commencing with Section 65950) shall be
deemed to be an extension of time pursuant to this paragraph.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Fails to meet the time limits specified in Section 65913.3.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Fails to meet the time limit specified in Section 17970.3 of the Health and Safety Code.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Fails to cease a course of conduct undertaken for an improper purpose, such as to harass or to cause unnecessary delay or needless increases in the cost of the proposed housing development project, that effectively disapproves the proposed housing development without taking final administrative action if all of the following conditions are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The project applicant provides written notice detailing the challenged conduct and why it constitutes disapproval to the local agency established under Section 65100.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Within five working days of receiving the applicant’s written notice described in clause (i), the local agency shall post the notice on the local agency’s internet website, provide a copy of the notice to any person who has made a written request for notices pursuant to subdivision (f) of Section 21167 of the Public Resources Code, and file the notice with the county clerk of each county in which the project will be located. The county clerk shall post the notice and make it available for public inspection in the manner set forth in subdivision (c) of Section 21152 of the Public Resources Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The local agency shall consider all objections, comments, evidence, and concerns about the project or the applicant’s written notice and shall not make a determination until at least 60 days after the applicant has given written notice to the local agency pursuant to clause (i).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Within 90 days of receipt of the applicant’s written notice described in clause (i), the local agency shall issue a written statement that it will immediately cease the challenged conduct or issue written findings that comply with both of the following requirements:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The findings articulate an objective basis for why the challenged course of conduct is necessary.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The findings provide clear instructions on what the applicant must submit or supplement so that the local agency can make a final determination regarding the next necessary approval or set the date and time of the next hearing.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
If a local agency continues the challenged course of conduct described in the applicant’s written notice and fails to issue the
written findings described in clause (iv), the local agency shall bear the burden of establishing that its course of conduct does not constitute a disapproval of the housing development project under this subparagraph in an action taken by the applicant.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
If an applicant challenges a local agency’s course of conduct as a disapproval under this subparagraph, the local agency’s written findings described in clause (iv) shall be incorporated into the administrative record and be deemed to be the final administrative action for purposes of adjudicating whether the local agency’s course of conduct constitutes a disapproval of the housing development project under this subparagraph.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
A local agency’s action in furtherance of complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), including, but not
limited to, imposing mitigating measures, shall not constitute project disapproval under this subparagraph.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Fails to comply with Section 65905.5. For purposes of this subparagraph, a builder’s remedy project shall be deemed to comply with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Determines that an application for a housing development project is incomplete pursuant to subdivision (a) or (b) of Section 65943 and includes in the determination an item that is not required on the local agency’s submittal requirement checklist. The local agency shall bear the burden of proof that the required item is listed on the submittal requirement checklist.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
In a subsequent review of an application pursuant to Section
65943, requests the applicant provide new information that was not identified in the initial determination and upholds this determination in the final written determination on an appeal filed pursuant to subdivision (c) of Section 65943. The local agency shall bear the burden of proof that the required item was identified in the initial determination.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Determines that an application for a housing development project is incomplete pursuant to subdivision (a) or (b) of Section 65943, a reasonable person would conclude that the applicant has submitted all of the items required on the local agency’s submittal requirement checklist, and the local agency upholds this determination in the final written determination on an appeal filed pursuant to subdivision (c) of Section 65943.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
If a local agency determines that an application is incomplete under Section 65943 after two
resubmittals of the application by the applicant, the local agency shall bear the burden of establishing that the determination is not an effective disapproval of a housing development project under this section.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Violates subparagraph (D) or (E) of paragraph (6) of subdivision (f).
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Makes a written determination that a preliminary application described in subdivision (a) of Section 65941.1 has expired or that the applicant has otherwise lost its vested rights under the preliminary application for any reason other than those described in subdivisions(d) and (e) of Section 65941.1.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Fails to make a determination of whether the project is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), or commits an abuse
of discretion, as defined in subdivision (b) of Section 65589.5.1 if all of the conditions in Section 65589.5.1 are satisfied.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
This subparagraph shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Fails to adopt a negative declaration or addendum for the project, to certify an environmental impact report for the project, or to approve another comparable environmental document, such as a sustainable communities environmental assessment pursuant to Section 21155.2 of the Public Resources Code, as required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), if all of the conditions in Section 65589.5.2 are satisfied.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
This subparagraph shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For purposes of this section and Sections 65589.5.1 and 65589.5.2, “lawful determination” means any final decision about whether to approve or disapprove a statutory or categorical exemption or a negative declaration, addendum, environmental impact report, or comparable environmental review document under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) that is not an abuse of discretion, as defined in subdivision (b) of Section 65589.5.1 or subdivision (b) of Section 65589.5.2.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Lower density” includes any conditions that have the same effect or impact on the ability of the project to provide housing.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Objective” means involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Notwithstanding any other law, “determined to be complete” means that the applicant has submitted a complete application pursuant to Section 65943.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
“Builder’s remedy project” means a project that meets all of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The project is a housing development project that provides housing for very low, low-, or moderate-income households.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
On or after the date an application for the housing development project or emergency shelter was deemed
complete, the jurisdiction did not have a housing element that was in substantial compliance with this article.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The project has a density such that the number of units, as calculated before the application of a density bonus pursuant to Section 65915, complies with all of the following conditions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The density does not exceed the greatest of the following densities:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Fifty percent greater than the minimum density deemed appropriate to accommodate housing for that jurisdiction as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Three times the density allowed by the general plan, zoning ordinance, or state law, whichever is greater.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The density that is consistent with the density specified in the housing element.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding clause (i), the greatest allowable density shall be 35 units per acre more than the amount allowable pursuant to clause (i), if any portion of the site is located within any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
One-half mile of a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
A very low vehicle travel area, as defined in subdivision (b) of Section 65589.5.1.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A high or highest resource census tract, as identified by the latest edition of the “CTCAC/HCD Opportunity Map” published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
On sites that have a minimum density requirement and are located within one-half mile of a commuter rail station or a heavy rail station, the density of the project shall not be less than the minimum density required on the site.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
For purposes of this subparagraph, “commuter rail” means a railway that is not a light rail, streetcar, trolley, or tramway and that is for urban passenger train service consisting of local short distance travel operating between a central city and adjacent suburb with service operated on a regular basis by or under contract with a transit operator for the purpose of transporting passengers within urbanized areas, or between urbanized areas and outlying areas, using either locomotive-hauled or self-propelled railroad passenger cars, with multitrip tickets and specific station-to-station fares.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
For purposes of this subparagraph, “heavy rail” means an electric railway with the capacity for a heavy volume of traffic using high speed and rapid acceleration passenger rail cars operating singly or in multicar trains on fixed rails, separate rights-of-way from which all other vehicular and foot traffic are excluded, and high platform loading.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
On all other sites with a minimum density requirement, the density of the project shall not be less than the local agency’s minimum density or one-half of the minimum density deemed appropriate to accommodate housing for that jurisdiction as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2, whichever is lower.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The project site does not abut a site where more than one-third of the square footage on the site has been used, within
the past three years, by a heavy industrial use, or a Title V industrial use, as those terms are defined in Section 65913.16.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
“Condition approval” includes imposing on the housing development project, or attempting to subject it to, development standards, conditions, or policies.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
“Unit type” means the form of ownership and the kind of residential unit, including, but not limited to, single-family detached, single-family attached, for-sale, rental, multifamily, townhouse, condominium, apartment, manufactured homes and mobilehomes, factory-built housing, and residential hotel.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
“Proposed by the applicant” means the plans and designs as submitted by the applicant, including, but not limited to, density, unit size, unit type, site plan, building massing, floor area ratio, amenity areas, open space, parking,
and ancillary commercial uses.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
If any city, county, or city and county denies approval or imposes conditions, including design changes, lower density, or a reduction of the percentage of a lot that may be occupied by a building or structure under the applicable planning and zoning in force at the time the housing development project’s application is complete, that have a substantial adverse effect on the viability or affordability of a housing development for very low, low-, or moderate-income households, and the denial of the development or the imposition of conditions on the development is the subject of a court action which challenges the denial or the imposition of conditions, then the burden of proof shall be on the local legislative body to show that its decision is consistent with the findings as described in subdivision (d), and that the findings are supported by a preponderance of the evidence in the record, and with the
requirements of subdivision (o).
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this
paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the local agency considers a proposed housing development project to be inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision as specified in this subdivision, it shall provide the applicant with written
documentation identifying the provision or provisions, and an explanation of the reason or reasons it considers the housing development to be inconsistent, not in compliance, or not in conformity as follows:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Within 30 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains 150 or fewer housing units.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Within 60 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains more than 150 units.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the local agency fails to provide the required documentation pursuant to subparagraph (A), the housing development project shall be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this section, the receipt of a density bonus, incentive, concession, waiver, or reduction of development standards pursuant to Section 65915 shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision specified in this subdivision.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this section, a proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent with the objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan. If the local agency has complied with
paragraph (2), the local agency may require the proposed housing development project to comply with the objective standards and criteria of the zoning which is consistent with the general plan, however, the standards and criteria shall be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The applicant, a person who would be eligible to apply for residency in the housing development project or emergency shelter, or a housing organization may bring an action to enforce this section. If, in any action brought to enforce this section, a court finds that any of the following are met, the court shall issue an order pursuant to clause (ii):
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The local agency, in violation of subdivision (d),
disapproved a housing development project or conditioned its approval in a manner rendering it infeasible for the development of an emergency shelter, or housing for very low, low-, or moderate-income households, including farmworker housing, without making the findings required by this section.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The local agency, in violation of subdivision (j), disapproved a housing development project complying with applicable, objective general plan and zoning standards and criteria, or imposed a condition that the project be developed at a lower density, without making the findings required by this section.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The local agency, in violation of subdivision (o), required or attempted to require a housing development project to comply with an ordinance, policy, or standard not adopted and in effect when a preliminary application was submitted.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The local agency violated a provision of this section applicable to a builder’s remedy project.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If the court finds that one of the conditions in clause (i) is met, the court shall issue an order or judgment compelling compliance with this section within a time period not to exceed 60 days, including, but not limited to, an order that the local agency take action on the housing development project or emergency shelter. The court may issue an order or judgment directing the local agency to approve the housing development project or emergency shelter if the court finds that the local agency acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter in violation of this section. The court shall retain jurisdiction to ensure that its order or judgment is carried out and shall award reasonable attorney’s fees and costs of suit to
the plaintiff or petitioner, provided, however, that the court shall not award attorney’s fees in either of the following instances:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The court finds, under extraordinary circumstances, that awarding fees would not further the purposes of this section.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
(ia)
<html:span class="EnSpace"/>
In a case concerning a disapproval within the meaning of subparagraph (J) or (K) of paragraph (6) of subdivision (h), the court finds that the local agency acted in good faith and had reasonable cause to disapprove the housing development project due to the existence of a controlling question of law about the application of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or implementing guidelines as to which there was a substantial ground for difference of opinion at the time of the disapproval.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
This subclause shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Upon a determination that the local agency has failed to comply with the order or judgment compelling compliance with this section within the time period prescribed by the court, the court shall impose fines on a local agency that has violated this section and require the local agency to deposit any fine levied pursuant to this subdivision into a local housing trust fund. The local agency may elect to instead deposit the fine into the Building Homes and Jobs Trust Fund. The fine shall be in a minimum amount of ten thousand dollars ($10,000) per housing unit in the housing development project on the date the application was deemed complete pursuant to Section 65943. In determining the amount of the fine to impose, the court shall consider the local agency’s progress in attaining its target allocation of the regional
housing need pursuant to Section 65584 and any prior violations of this section. Fines shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the money in the local housing trust fund within five years for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households. After five years, if the funds have not been expended, the money shall revert to the state and be deposited in the Building Homes and Jobs Trust Fund for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the court determines
that its order or judgment has not been carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled, including, but not limited to, an order to vacate the decision of the local agency and to approve the housing development project, in which case the application for the housing development project, as proposed by the applicant at the time the local agency took the initial action determined to be in violation of this section, along with any standard conditions determined by the court to be generally imposed by the local agency on similar projects, shall be deemed to be approved unless the applicant consents to a different decision or action by the local agency.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
This
section does not limit the court’s inherent authority to make any other orders to compel the immediate enforcement of any writ brought under this section, including the imposition of fees and other sanctions set forth under Section 1097 of the Code of Civil Procedure.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, “housing organization” means a trade or industry group whose local members are primarily engaged in the construction or management of housing units or a nonprofit organization whose mission includes providing or advocating for increased access to housing for low-income households and have filed written or oral comments with the local agency prior to action on the housing development project. A housing organization may only file an action pursuant to this section to challenge the disapproval of a housing development by a local agency. A housing organization shall be entitled to reasonable attorney’s fees and costs if it
is the prevailing party in an action to enforce this section.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
If the court finds that the local agency (1) acted in bad faith when it violated this section and (2) failed to carry out the court’s order or judgment within the time period prescribed by the court, the court, in addition to any other remedies provided by this section, shall multiply the fine determined pursuant to subparagraph (B) of paragraph (1) of subdivision (k) by a factor of five. If a court has previously found that the local agency violated this section within the same planning period, the court shall multiply the fines by an additional factor for each previous violation. For purposes of this section, “bad faith” includes, but is not limited to, an action or inaction that is frivolous, pretextual, intended to cause unnecessary delay, or entirely without merit.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Any
action brought to enforce the provisions of this section shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure, and the local agency shall prepare and certify the record of proceedings in accordance with subdivision (c) of Section 1094.6 of the Code of Civil Procedure no later than 30 days after the petition is served, provided that the cost of preparation of the record shall be borne by the local agency, unless the petitioner elects to prepare the record as provided in subdivision (n) of this section. A petition to enforce the provisions of this section shall be filed and served no later than 90 days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing development project or (2) the expiration of the time periods specified in subparagraph (B) of paragraph (5) of subdivision (h). Upon entry of the trial court’s order, a party may, in order to obtain appellate review of the order, file a
petition within 20 days after service upon it of a written notice of the entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow, or may appeal the judgment or order of the trial court under Section 904.1 of the Code of Civil Procedure. If the local agency appeals the judgment of the trial court, the local agency shall post a bond, in an amount to be determined by the court, to the benefit of the plaintiff if the plaintiff is the project applicant.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A disapproval within the meaning of subparagraph (J) of paragraph (6) of subdivision (h) shall be final for purposes of this subdivision, if the local agency did not make a lawful determination within the time period set forth in paragraph (5) of subdivision (a) of Section 65589.5.1 after the applicant’s timely written notice.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This
paragraph shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A disapproval within the meaning of subparagraph (K) of paragraph (6) of subdivision (h) shall be final for purposes of this subdivision, if the local agency did not make a lawful determination within 90 days of the applicant’s timely written notice.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
In any action, the record of the proceedings before the local agency shall be filed as expeditiously as possible and, notwithstanding Section 1094.6 of the Code of Civil Procedure or subdivision (m) of this section, all or part of the record may be prepared (1) by the petitioner with the petition or petitioner’s points and authorities, (2) by the respondent with respondent’s points and authorities, (3) after payment of
costs by the petitioner, or (4) as otherwise directed by the court. If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Subject to paragraphs (2), (6), and (7), and subdivision (d) of Section 65941.1, a housing development project shall be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application including all of the information required by subdivision (a) of Section 65941.1 was submitted.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Paragraph (1) shall not prohibit a housing development project from being subject to ordinances, policies, and standards adopted after the preliminary application was submitted pursuant to Section 65941.1 in the following circumstances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
In the
case of a fee, charge, or other monetary exaction, to an increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee or other monetary exaction.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A preponderance of the evidence in the record establishes that subjecting the housing development project to an ordinance, policy, or standard beyond those in effect when a preliminary application was submitted is necessary to mitigate or avoid a specific, adverse impact upon the public health or safety, as defined in subparagraph (A) of paragraph (1) of subdivision (j), and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Subjecting the housing development project to an ordinance, policy, standard, or any other measure, beyond those in effect when a preliminary application
was submitted is necessary to avoid or substantially lessen an impact of the project under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The housing development project has not commenced construction within two and one-half years, or three and one-half years for an affordable housing project, following the date that the project received final approval. For purposes of this subparagraph:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Affordable housing project” means a housing development that satisfies both of the following requirements:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Units within the development are subject to a recorded affordability restriction for at least 55 years for rental housing and 45 years for owner-occupied housing, or the first purchaser of each unit participates in an equity sharing agreement as
described in subparagraph (C) of paragraph (2) of subdivision (c) of Section 65915.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
All of the units within the development, excluding managers’ units, are dedicated to lower income households, as defined by Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“Final approval” means that the housing development project has received all necessary approvals to be eligible to apply for, and obtain, a building permit or permits and either of the following is met:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The expiration of all applicable appeal periods, petition periods, reconsideration periods, or statute of limitations for challenging that final approval without an appeal, petition, request for reconsideration, or legal challenge having been filed.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
If a challenge is filed, that
challenge is fully resolved or settled in favor of the housing development project.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The housing development project is revised following submittal of a preliminary application pursuant to Section 65941.1 such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, including any other locally authorized program that offers additional density or other development bonuses when affordable housing is provided. For purposes of this subdivision, “square footage of construction” means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision does not prevent a local agency from subjecting the additional units or square footage of
construction that result from project revisions occurring after a preliminary application is submitted pursuant to Section 65941.1 to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this subdivision, “ordinances, policies, and standards” includes general plan, community plan, specific plan, zoning, design review standards and criteria, subdivision standards and criteria, and any other rules, regulations, requirements, and policies of a local agency, as defined in Section 66000, including those relating to development impact fees, capacity or connection fees or charges, permit or processing fees, and other exactions.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
This subdivision shall not be construed in a manner that would lessen the restrictions imposed on a local agency, or lessen the protections afforded to a housing development project,
that are established by any other law, including any other part of this section.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
This subdivision shall not restrict the authority of a public agency or local agency to require mitigation measures to lessen the impacts of a housing development project under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
With respect to completed residential units for which the project approval process is complete and a certificate of occupancy has been issued, this subdivision does not limit the application of later enacted ordinances, policies, and standards that regulate the use and occupancy of
those residential units, such as ordinances relating to rental housing inspection, rent stabilization, restrictions on short-term renting, and business licensing requirements for owners of rental housing.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Upon any motion for an award of attorney’s fees pursuant to Section 1021.5 of the Code of Civil Procedure, in a case challenging a local agency’s approval of a housing development project, a court, in weighing whether a significant benefit has been conferred on the general public or a large class of persons and whether the necessity of private enforcement makes the award appropriate, shall give due weight to the degree to which the local agency’s approval furthers policies of this section, including, but not limited to, subdivisions (a), (b), and (c), the suitability of the site for a housing development, and the reasonableness of the decision of the local agency. It is the intent of the Legislature that
attorney’s fees and costs shall rarely, if ever, be awarded if a local agency, acting in good faith, approved a housing development project that satisfies conditions established in paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.1 or paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.2.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
This section shall be known, and may be cited, as the Housing Accountability Act.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
</html:p>
</ns0:Content>
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</ns0:BillSection>
<ns0:BillSection id="id_511CC190-2ED5-49C4-AD3B-B40B201AE557">
<ns0:Num>SEC. 63.</ns0:Num>
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Section 65914.2 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_AC7D6182-A45E-4CFE-A118-D2C38A53140D">
<ns0:Num>65914.2.</ns0:Num>
<ns0:LawSectionVersion id="id_85A6412B-095C-4758-ACFD-585B572E88CB">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is the intent of the Legislature in enacting this section to do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Establish minimum uniform, transparent, fair, and effective remedies against public agencies that are found by a court of law to have violated housing reform laws.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Prevent public agencies from undermining these minimum uniform, transparent, fair, and effective remedies through the imposition of reimbursement and indemnification agreements on applicants for housing development approvals with respect to legal challenges involving the agency’s own alleged violation of housing reform laws.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding any other law, and in addition
to any other available remedies, in any action brought by the applicant for a housing development project against a public agency to enforce the public agency’s compliance with a housing reform law as applied to the applicant’s housing development project, where the applicant is the prevailing party, the following shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The applicant shall be entitled to reasonable attorney’s fees and costs.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
In the case of an action against a public agency that is a local agency:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
If the local agency was advised in writing prior to the commencement of the action by either the Attorney General or the Department of Housing and Community Development that the local agency’s decision, action, or inaction would represent a violation of a specific housing reform law in
substantially the same manner as alleged by the applicant in its lawsuit, the court shall, consistent with subclause (II), impose a fine in an amount not less than the minimum fines described in subparagraph (B) of paragraph (1) of subdivision (k) of Section 65589.5, unless the housing development projects consists of four or fewer units, in which case, the court shall impose a fine in an amount not less than fifty thousand dollars ($50,000) per violation.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The court shall not impose the fine described in subclause (I) unless, after the Attorney General or the Department of Housing and Community Development sends the written communication to the local agency, the applicant provides written notice to the local agency of its intent to commence an action. The notice shall identify the factual elements of the dispute and the legal theory
forming the basis for the allegation that the local agency’s decision, action, or inaction violated the housing reform law. The notice shall be provided to the local agency at least 60 days before commencement of the action.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
For any action commenced or intended to be commenced under this section, any period of limitation for actions under any California law shall be extended for a period of 60 days beginning on the date the applicant provides written notice, pursuant to subclause (II), to the local agency indicating its intent to commence an action.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
If a court has previously found that the local agency violated the same housing reform law on which an applicant prevailed in its lawsuit, within the same planning period, the court shall impose a fine in an amount not less than the minimum fines described in clause (i) multiplied by a factor of
five.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
For the purpose of imposing a fine under subclause (I), any subsequent violation of the same housing reform law shall be considered to have occurred within the same planning period if the local agency does not have a housing element considered to be in substantial compliance, as described in Section 65585.03.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1, the applicant shall not be required to present a claim to seek the fine described in subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
This subdivision does not limit the application of Section 1021.5 of the
Code of Civil Procedure or limit the availability of fees to a successful party under that section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A public agency shall not require an applicant for a housing development project to indemnify, defend, or hold harmless the public agency in any manner with respect to an action brought by the applicant, or any other person, alleging that the public agency violated the applicant’s rights or deprived the applicant of the benefits or protections provided by a housing reform law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A requirement, condition of approval, or agreement in violation of paragraph (1) is against public policy and void and unenforceable.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision shall not be construed to derogate any claim that a requirement as described in paragraph (1) is or was unlawful under previously existing law.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Housing development project” has the same meaning as provided in paragraph (3) of subdivision (b) of Section 65905.5.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Housing reform law” means any law or regulation, or provision of any law or regulation, that establishes or facilitates rights, safeguards, streamlining benefits, time limitations, or other protections for the benefit of applicants for housing development projects, or restricts, proscribes, prohibits, or otherwise imposes any procedural or substantive limitation on a public agency for the benefit of a housing development project.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Local agency” has the same meaning as used in Section 65930.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Planning period” means the time period between the due date for one housing element and the due date for the next housing element for each revision according to the applicable schedule described in paragraphs (2) and (3) of subdivision (e) of Section 65588.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Public agency” has the same meaning as in Section 65932.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_F8AC3C06-58CC-4CA6-8851-8B9E2ACFDFE9">
<ns0:Num>SEC. 64.</ns0:Num>
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Section 65950 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_60B47912-2759-4E8B-962B-D4548C9D71C5">
<ns0:Num>65950.</ns0:Num>
<ns0:LawSectionVersion id="id_C9160771-BFBE-4912-A668-99019CD96C58">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A public agency that is the lead agency for a development project shall approve or disapprove the project within whichever of the following periods is applicable:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
One hundred eighty days from the date of certification by the lead agency of the environmental impact report, if an environmental impact report is prepared pursuant to Section 21100 or 21151 of the Public Resources Code for the development project.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Ninety days from the date of certification by the lead agency of the environmental impact report, if an environmental impact report is prepared pursuant to Section 21100 or 21151 of the Public Resources Code for a development project defined in subdivision (c).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Sixty days from the date of certification by the lead agency of the environmental impact report, if an environmental impact report is prepared pursuant to Section 21100 or 21151 of the Public Resources Code for a development project defined in subdivision (c) and all of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
At least 49 percent of the units in the development project are affordable to very low or low-income households, as defined by Sections 50105 and 50079.5 of the Health and Safety Code, respectively. Rents for the lower income units shall be set at an affordable rent, as that term is defined in Section 50053 of the Health and Safety Code, for at least 30 years. Owner-occupied units shall be available at an affordable housing cost, as that term is defined in Section 50052.5 of the Health and Safety Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Prior
to the application being deemed complete for the development project pursuant to Article 3 (commencing with Section 65940), the lead agency received written notice from the project applicant that an application has been made or will be made for an allocation or commitment of financing, tax credits, bond authority, or other financial assistance from a public agency or federal agency, and the notice specifies the financial assistance that has been applied for or will be applied for and the deadline for application for that assistance, the requirement that one of the approvals of the development project by the lead agency is a prerequisite to the application for or approval of the application for financial assistance, and that the financial assistance is necessary for the project to be affordable as required pursuant to subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
There is confirmation that the application has been made to the public agency or federal agency prior to
certification of the environmental impact report.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Sixty days from the date of adoption by the lead agency of the negative declaration, if a negative declaration is completed and adopted for the development project.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Sixty days from the determination by the lead agency that the project is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), if the project is exempt from that act.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Except as provided in subdivision (a) of Section 65912.114 and subdivision (a) of Section 65912.124, 60 days from the date of receipt of a complete application
if the project is subject to ministerial review by the public agency.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
If a development project is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) pursuant to Section 21080.66 of the Public Resources Code, 30 days from the later of the following dates:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The conclusion of the process outlined in subdivision (b) of Section 21080.66 of the Public Resources Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The expiration of the applicable time limit in paragraph (2) of subdivision (j) of Section 65589.5.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section does not preclude a project applicant and a public agency from mutually agreeing in writing to an extension of any time limit provided by this section pursuant to Section 65957.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of paragraphs (2) and (3) of subdivision (a) and Section 65952, “development project” means a housing development project, as defined in paragraph (3) of subdivision (b) of Section 65905.5.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, “lead agency” and “negative declaration” have the same meaning as defined in Sections 21067 and 21064 of the Public Resources Code, respectively.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_0EB43A36-F13D-487C-95E8-AAAC07E969FA">
<ns0:Num>SEC. 65.</ns0:Num>
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Section 66300.6.5 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_92AA56F9-C240-4281-81C7-D7A353C18E3B">
<ns0:Num>66300.6.5.</ns0:Num>
<ns0:LawSectionVersion id="id_0618EBE6-D1B0-4BAA-B1A9-882BF78674C1">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For the purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Complete private bathroom” means a bathroom that consists of a toilet and a shower, with a vanity sink that may or may not be in the same room.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Kitchen” means a section of a dwelling that includes a stove, sink, and refrigerator.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The sink described in subparagraph (A) shall be separate from the bathroom.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Single-room occupancy unit” means a dwelling unit that does not include a complete private bathroom and kitchen.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Studio unit” means a dwelling unit that does not include a separate bedroom, but includes a complete private bathroom and a private kitchen.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) and (2) of subdivision (b) of Section 66300.6, in the case of rehabilitation or replacement of an existing single-room occupancy building where units are deed restricted at affordable rents to low-income households, do not have separate bedrooms, and do not include both a complete private bath and a kitchen, an affected city or an affected county, as applicable, may reduce the number of required replacement units if it finds, based on substantial evidence in the record, that all of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The reduction is necessary to accommodate the conversion of a single-room occupancy unit to a studio or larger unit, to
accommodate the addition of facilities, including, but not limited to, private bathrooms, kitchens, or community rooms, to increase accessibility for persons with disabilities, or to address code compliance for matters related to health, welfare, life, and safety.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The conversion of the single-room occupancy unit will be completed within four years from the date of rehabilitation or demolition of the single-room occupancy unit. If the completion of improvements will take longer than four years, the project proponent may present to the jurisdiction an explanation for the delay and a good faith plan demonstrating how occupancy will be achieved at the earliest possible date. If the delay is due to circumstances outside the project proponent’s control, the jurisdiction may, at its discretion, and using objective criteria, grant a one-year extension for project completion.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The
converted single-room occupancy unit will be a rental unit with affordable rents or lower than at the applicable affordable rent level of the replaced single-room occupancy unit, provided the affordable rent level would not be precluded due to limitations or other requirements of one or more funding source of the housing development.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The converted single-room occupancy unit will only be available to households with a household income at or below the income levels for lower income, very low income, extremely low income, or acutely low income households, as specified in Sections 50063.5, 50079.5, 50093, 50105, and 50106 of the Health and Safety Code, as applicable.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A converted unit will remain available at the applicable affordable rent level of the replaced single-room occupancy unit for the longest feasible amount of time, but not less than 55 years. A covenant of
affordability shall be recorded with the county recorder prior to the issuance of the certificate of occupancy or completion of work as approved by the local agency.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A displaced single-room occupancy unit occupant shall have a right of first refusal for admission to a replacement unit, provided the single-room occupancy unit occupant would not be precluded due to unit size limitations or other requirements of one or more funding source of the housing development.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If an occupant is precluded from occupying a replacement unit due to a requirement of a funding source of the housing development, as described in subparagraph (A), the project proponent shall identify in writing the specific funding source and requirement that precludes the occupant’s return. If a displaced single-room occupancy occupant is deemed ineligible for the replacement unit due
to this requirement, the project proponent shall offer an alternative, comparable unit within their portfolio to the displaced occupant.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The initial rent for a returning single-room occupancy unit occupant shall not exceed the rent at the time of displacement by more than 5 percent. Notwithstanding the preceding sentence, if the displaced occupant was paying 40 percent or more of their household income in rent at the time of displacement, the initial rent for that occupant shall not exceed the rent paid at the time of displacement.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Subsequent rent increases shall be consistent with any other applicable law, contract, agreement, or other restrictions governing allowable rent increases, except that subsequent rent increases and maximum rents shall be subject to the following additional limitations:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The
amount of any subsequent rent increase for a replacement unit subject to this subparagraph shall not exceed the minimum amount necessary to ensure a positive cashflow for at least 20 years from the date the displaced single-room occupancy unit occupant begins residing in the replacement unit.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The amount of rent as subsequently increased in accordance with this subparagraph shall not exceed 50 percent of the displaced single-room occupancy unit occupant’s actual household income, determined as of the date the displaced single-room occupancy unit occupant begins residing in the replacement unit.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
Subject to subclause (II), if the amount of rent charged for a replacement unit subject to this paragraph equals or exceeds the lesser of the following amounts, further annual rent increases for that replacement unit shall be limited based on increases to
the area median income under the low-income housing tax credit program, as administered by the California Tax Credit Allocation Committee:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
Fifty percent of the displaced single-room occupancy unit occupant’s actual household income, as described in clause (ii).
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
The amount of rent charged for the single-room occupancy unit at the time of the occupant’s displacement.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Notwithstanding subclause (I), no annual rent increase for a replacement unit shall result in the occupant paying more than 50 percent of their actual household income in rent, as provided in clause (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
This subparagraph does not preclude an owner, in consultation with the applicable regulating agency, from charging less than the maximum allowable rent. This subparagraph does not require a reduction of rent below the amount charged for the single-room occupancy unit at the time of the occupant’s displacement.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The net loss of single-room occupancy units due to a rehabilitation or replacement in accordance with this section will
not exceed 25 percent of the total single-room occupancy units in the development. Notwithstanding the preceding sentence, a project proponent may further reduce the number of units provided at the replacement project site if those additional units are replaced on a one-for-one basis, by either the project proponent or its designee. The offsite replacement housing shall meet all of the following conditions:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The units shall be rental units with affordable rents at the applicable affordable rent level of the replaced single-room occupancy unit.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The units shall be available to households with a household income at or below the income levels for lower income, very low income, extremely low income, or acutely low income, as specified in Sections 50063.5, 50079.5, 50093, 50105, and 50106 of the Health and Safety Code, as applicable.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The units shall remain available at the applicable affordable rent level of the replaced single-room occupancy unit for the longest feasible time, but not less than 55 years. The covenant of affordability shall be recorded with the county recorder prior to the issuance of the certificate of occupancy.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Except as otherwise provided in clause (ii), the replacement units shall be located within the applicable of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
If there is an applicable local community plan area, within the same local community plan area as the converted single-room occupancy units.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
If there is no applicable community plan area, and the converted single-room occupancy units are located within a redevelopment project area, as described in
Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, within the same redevelopment project area as the converted single-occupancy units.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
If there is no applicable community plan area, and the converted single-room occupancy units are not located within a redevelopment project area, as described in Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, within the same jurisdiction as the converted single-room occupancy units.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
In lieu of locating replacement units within the same local community plan area, redevelopment project area, or jurisdiction as the converted single-room occupancy units, as described in clause (i), the replacement units may be located within a census tract or census block group, as applicable, that is designated as highest resource or high resource on the opportunity area maps developed
by the California Tax Credit Allocation Committee and Department of Housing and Community Development and located within the same jurisdiction.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Replacement units shall not be existing rental units occupied by a low-income household.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
All replacement units shall be made available for occupancy as soon as possible, but no more than four years from the date of rehabilitation or demolition of the single-room occupancy unit, whichever is earlier. If the project takes longer than four years due to extenuating circumstances, the project proponent may present to the jurisdiction a good faith plan demonstrating that occupancy would have been achieved within four years. If the delay is due to circumstances outside the project proponent’s control, the jurisdiction may, at its discretion and using objective criteria, grant a one-year extension for project completion.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Prior to the issuance of a permit for demolition, rehabilitation, or conversion of the single-room occupancy unit, the project proponent shall submit a replacement housing plan to the jurisdiction that includes all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A description of the proposed conversion, demolition, or rehabilitation, including the substantial evidence required to show that reduction is necessary to accommodate the conversion of a single-room occupancy unit to a studio or larger unit, to accommodate the addition of facilities, including, but not limited to, private bathrooms, kitchens, or community rooms, to increase accessibility for persons with disabilities, or to address code compliance for matters related to health, welfare, life, and safety; the total number of units proposed and all related amenities; the total number of existing units; and the bedroom
composition of the existing units.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A report on the current rental rates for each single-room occupancy unit, the number of vacancies and length of vacancies in the single-room occupancy building, and the length of residency of each occupied unit.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A statement as to whether any occupants will be displaced as a result of the proposed project.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A statement, with supporting documentation, as to when and why the unit was vacated.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
A plan for the replacement of the occupied and vacant single-room occupancy units, including, but not limited to, the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The number of existing units.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The bedroom
composition.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Whether the property is vacant or occupied.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The existing rent levels.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
Whether affordable covenants exist on that property, and, if so, the nature and duration of those covenants.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The time and manner that the replacement units will become available for occupancy.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
If the removed units exceed 25 percent of the single-room occupancy units, the proposed location of replacement single-room occupancy units, with a description of the proposed property, including the location and previous use of the property.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The jurisdiction shall review the replacement housing plan within 30 days of
submission or resubmission.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The jurisdiction shall not issue a permit for demolition, rehabilitation, or conversion of the single-room occupancy without first approving the replacement housing plan.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
A single-room occupancy removal shall be subject to the required relocation benefits and requirements, including the relocation plan, under Chapter 16 (commencing with Section 7260) of Division 7 of Title 1, the local jurisdiction’s relocation benefits, or any other relocation benefits to which a displaced person is entitled, whichever is greatest, and shall be provided to all displaced persons, as defined in Section 7260. If any units are vacant, the owner shall provide documentation demonstrating when and why the unit was vacated. If a jurisdiction reasonably determines that a unit was vacated due to the owner’s attempt to avoid relocation assistance obligations, the owner
shall be required to pay relocations assistance to a displaced occupant and offer a right of return to the new unit.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A borrower may conduct a market study to support the unit sizes proposed in the replacement housing plan. If a market study is required by a regulating agency, it shall be conducted at the borrower’s expense and must conform to the market study guidelines adopted by the California Tax Credit Allocation Committee, including those for acquisition or rehabilitation projects pursuant to paragraph (10) of subdivision (h) of Section 10322 of Title 4 of the California Code of Regulations.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_D48A7816-BD45-41D2-AB9B-0EA3101E3F46">
<ns0:Num>SEC. 66.</ns0:Num>
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Section 66323 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_18B455EF-8432-43C8-9EB9-1BD7185BDB51">
<ns0:Num>66323.</ns0:Num>
<ns0:LawSectionVersion id="id_5777E76B-0BD3-4C40-B176-689ECBEB1771">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following units, or any combination of the following units:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as
the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The space has exterior access from the proposed or existing single-family dwelling.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The side and rear setbacks are sufficient for fire and safety.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The junior accessory dwelling unit complies with the requirements of Article 3 (commencing with Section 66333).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. A local agency may impose the following conditions on the accessory dwelling unit:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A total floor area limitation of not more than 800 square feet of livable space.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A height limitation as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Multiple accessory dwelling units, not to exceed the number specified in clause (ii) or (iii), as applicable, that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable, and rear yard and side setbacks of no more than four feet.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A local agency shall not impose any objective development or design standard that is not authorized by this section upon any unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The installation of fire sprinklers shall not be required in an accessory dwelling unit or a junior accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit or a junior accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A local agency shall require that a rental of the accessory dwelling unit created pursuant to this section be for a term longer than 30 days.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last
5 years, or, if the percolation test has been recertified, within the last 10 years.
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<ns0:Num>SEC. 67.</ns0:Num>
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Section 67784 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_A6054193-05D9-4D67-847C-27D73204006C">
<ns0:Num>67784.</ns0:Num>
<ns0:LawSectionVersion id="id_728611E6-2260-49A6-97CA-8AC19EB2EC75">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Before taking a board action pursuant to subdivision (b), a participating county transportation entity or county board of supervisors shall seek to address the issue that is the subject of a prospective petition directly with the subject operator, including by providing the operator with an opportunity to directly address the issue.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Before submitting a petition to an ad hoc adjudication committee, the governing board of a participating county transportation entity or the county board of supervisors shall take formal board action to approve the petition.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
At any time before the commission is directed to take final action to withhold funding pursuant to Section 67788, a participating county
transportation entity or county board of supervisors may withdraw its petition with a formal board action, or decision of the chair, of the applicable participating county transportation entity or county board of supervisors.
</html:p>
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<ns0:BillSection id="id_A0984590-E033-486C-B1E5-491ED8E0A82C">
<ns0:Num>SEC. 68.</ns0:Num>
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Section 67786 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_9189DCC0-7639-498F-AA71-C9EC0E201473">
<ns0:Num>67786.</ns0:Num>
<ns0:LawSectionVersion id="id_8C48EF81-B87F-481F-B906-D65D12F150D7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If presented with a petition, an ad hoc adjudication committee, in consultation with the entity that submitted the petition and the applicable subject operator, shall do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Determine whether it agrees with the entity’s claim or claims in the petition.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If it agrees with the claim or claims described in paragraph (1), determine whether to recommend the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Corrective action for the subject operator to take to address the issue that was the subject of the petition.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
That the commission withhold up to 3.5 percent of funding allocated to the subject operator pursuant to Chapter 3 (commencing with Section 67750) in an amount the ad hoc adjudication committee deems proportionate to the issue that was the subject of the petition.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An ad hoc adjudication committee shall provide written findings explaining a recommendation made pursuant to this section and shall submit the recommendation and those findings to the commission.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If there is a tie vote in approving a recommendation, then the tie vote shall favor making a recommendation.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B13CF865-2D42-4469-8ED7-643C96F05563">
<ns0:Num>SEC. 69.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.85.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'67788.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 67788 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_D51D1474-34A9-4F9E-9D32-9B17F7F0B836">
<ns0:Num>67788.</ns0:Num>
<ns0:LawSectionVersion id="id_4C7C4134-59C8-4302-9EB0-072532D31B45">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
After receiving a recommendation from an ad hoc adjudication committee pursuant to Section 67786, the commission shall approve the recommendation and, if the ad hoc adjudication committee recommended corrective action, provide the subject operator with a period of at least 90 days to comply.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the subject operator does not take corrective action within the period granted by the commission pursuant to subdivision (a), then the ad hoc adjudication committee may direct the commission to withhold up to an additional 3.5 percent of funding
allocated to the subject operator pursuant to Chapter 3 (commencing with Section 67750) in an amount the ad hoc adjudication committee deems proportionate to the issue that was the subject of the petition. The total amount withheld from a subject operator pursuant to this chapter at any given time shall not exceed 7 percent.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The commission shall withhold the funds until either of the following occurs:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The operator complies with the corrective action and the ad hoc adjudication committee, with an affirmative vote from at least one committee member of every county represented in the committee, makes a finding that the operator has complied with the requirements and approves the return of funding.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
After 180 days of the submission of the recommendation, the ad hoc adjudication committee, with an affirmative
vote from the majority of the committee, makes a finding that the operator has complied with the requirements and approves the return of funding.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the subject operator does not comply with the requirements of this chapter before the commission makes the final allocations of revenue from the tax ordinance approved by the voters pursuant to this title, the commission shall reallocate the withheld funds to support public transit expenses within the county or counties that the operator serves.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If there is a lawsuit involving a decision made by an ad hoc adjudication committee, the sole remedy against the commission shall be limited to either the release or withholding, as the case necessitates, of the funds at issue in the ad hoc adjudication committee decision, and legal fees shall not be recoverable.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_45DDD1EA-29F5-4D23-BDC1-DA199236651B">
<ns0:Num>SEC. 70.</ns0:Num>
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Section 87202 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_554E5F65-F1AF-4D7C-9BB6-407C60C7715E">
<ns0:Num>87202.</ns0:Num>
<ns0:LawSectionVersion id="id_E97C7003-DD02-4262-B98D-C1BED04AAB46">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A person who is elected, appointed, or nominated to an office specified in Section 87200 shall file a statement disclosing the person’s investments and the person’s interests in real property held on the date of assuming office, income received during the 12 months before assuming office, and any arrangement for prospective employment if employment with that employer had not begun as of the date of assuming office.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A person who is elected to an office specified in Section 87200 shall file the statement specified in paragraph (1) within 30 days of assuming office.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A person who is appointed or nominated to an office specified in Section 87200 shall file the
statement specified in paragraph (1) within 30 days of assuming office, provided, however, that a person appointed or nominated to such an office who is subject to confirmation by the Commission on Judicial Appointments or the Senate shall file such a statement no more than 10 days after the appointment or nomination.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The statement shall not be required if the person has filed, within 60 days prior to assuming office, a statement for the same jurisdiction pursuant to Section 87203.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Every elected state officer who assumes office during the month of December or January shall file a statement pursuant to Section 87203 instead of this section, except that:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The period covered for reporting investments and interests in real property shall begin on the date the person filed the person’s
declarations of candidacy.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The period covered for reporting income shall begin 12 months prior to the date the person assumed office.
</html:p>
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<ns0:Num>SEC. 71.</ns0:Num>
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Section 676 of the
<ns0:DocName>Harbors and Navigation Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_67475C34-B2B1-4C06-9BB6-F726B2FD366C">
<ns0:Num>676.</ns0:Num>
<ns0:LawSectionVersion id="id_AA0BF078-D469-46C4-9ECF-5D08C35E4736">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
All moneys deposited in the Harbors and Watercraft Revolving Fund pursuant to Section 675 shall be available, upon appropriation by the Legislature, for the following purposes:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For reasonable costs incurred by the department associated with determining the prevention fee and adoption of regulations pursuant to Section 675, and with administering the grants pursuant to subdivision (b).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For reasonable costs, not to exceed 15 percent of the remaining revenues deposited into the fund, of the Department of Fish and Wildlife for implementation of subparagraph (A) or (C) of paragraph (2) of, or paragraph (1) of, subdivision (a) of Section 2301 or Section 2302 of the Fish
and Game Code in those areas of the state where an invasive mussel infestation prevention plan has not been implemented.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The amount specified in subparagraph (A) is in addition to moneys available pursuant to subdivision (d) of Section 85.2.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An amount not less than 85 percent of the remaining revenues deposited into the fund shall be made available for grants to entities subject to subdivision (a) of Section 2302 of the Fish and Game Code for the reasonable regulatory costs incident to the implementation of an invasive mussel infestation prevention plan implemented either before or after January 1, 2013, that is consistent with the requirements of Section 2302 of the Fish and Game Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For the purposes of awarding grants pursuant to paragraph (3) of subdivision (a), the department shall do all of the
following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Give priority to invasive mussel infestation prevention plans that are consistent with Section 2302 of the Fish and Game Code and that also include visual and manual inspection standards and other infestation prevention procedures consistent with either the Department of Fish and Wildlife’s Invasive Mussel Guidebook for Recreational Water Managers and Users, dated September 2010, or the Natural Resources Agency’s Aquatic Invasive Species Management Plan, dated January 2008, or subsequently adopted guidebooks and management plans.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Take into consideration the benefits of regional-scale invasive mussel infestation prevention plans.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Take into consideration the unique economic, ecological, and recreational impacts to rural and urban reservoirs from invasive mussel infestation.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this article, reasonable regulatory costs include costs associated with the investigation and inspection of a conveyance for the presence of invasive mussels before contact with a reservoir, as defined in Section 6004.5 of the Water Code. None of the revenues collected pursuant to subdivision (a) of Section 675 shall be used for any purpose other than those explicitly authorized by this section.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For the purposes of this section, conveyances include boats and other watercraft, and associated vehicles, containers, and trailers that may carry or contain adult or larval invasive mussels.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
As a condition of receiving grant funding pursuant to this section, an entity shall report to the department data, as deemed appropriate by the department, regarding invasive mussel prevention and inspection programs implemented with the funding.
</html:p>
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</ns0:LawSection>
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<ns0:BillSection id="id_1DA791C0-66D8-4F9F-B6E5-3C124F0BC73E">
<ns0:Num>SEC. 72.</ns0:Num>
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Section 1279.6 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_0B7822A4-8C83-4F64-BF0E-E6006EC80A7A">
<ns0:Num>1279.6.</ns0:Num>
<ns0:LawSectionVersion id="id_0377B591-A488-4F04-BA75-639C660D74FF">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall develop, implement, and comply with a patient safety plan for the purpose of improving the health and safety of patients and reducing preventable patient safety events. The patient safety plan shall be developed by the facility in consultation with the facility’s various health care professionals.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The patient safety plan required pursuant to subdivision (a) shall, at a minimum, provide for the establishment of all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A patient safety committee or equivalent committee in composition and function. The committee shall be composed of the facility’s various health care professionals,
including, but not limited to, physicians, nurses, pharmacists, and administrators. The committee shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Review and approve the patient safety plan.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Receive and review reports of patient safety events as defined in subdivision (e).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Monitor implementation of corrective actions for patient safety events.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Make recommendations to eliminate future patient safety events.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Review and revise the patient safety plan, at least once a year, but more often if
necessary, to evaluate and update the plan and to incorporate advancements in patient safety practices.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A reporting system for patient safety events that allows anyone involved, including, but not limited to, health care practitioners, facility employees, patients, and visitors, to make a report of a patient safety event to the health facility, including anonymous reporting options.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A process for a team of facility staff to conduct analyses, including, but not limited to, root cause analyses of patient safety events. The team shall be composed of the facility’s various categories of health care professionals with the appropriate competencies to conduct the required analyses. The process shall also include analyses of patient safety events, including the following sociodemographic factors, to identify disparities in these events:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Age.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Race.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Ethnicity.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Gender identity.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Sexual orientation.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Preferred language spoken.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Disability status.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Payor.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Sex.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For the purposes of paragraph (3), it is the intent of the Legislature that a health facility use the same stratification categories as developed and defined by the Department of Health Care Access and Information for
purposes of Section 127372, which is part of the Medical Equity Disclosure Act (Article 3 (commencing with Section 127370) of Chapter 2 of Part 2 of Division 107). With respect to the information set forth in subparagraphs (D) and (E) of paragraph (3), a health facility shall only be required to disclose information that is voluntarily provided by the patient or client.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A reporting process that supports and encourages a culture of safety and reporting patient safety events.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A process for providing ongoing patient safety training for facility personnel and health care practitioners.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A process for addressing racism and discrimination, and their impact on patient health and safety, that includes, but is not limited to:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Monitoring
sociodemographic disparities in patient safety events and developing interventions to remedy known disparities.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Encouraging facility staff to report suspected instances of racism and discrimination.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Commencing January 1, 2026, and biennially thereafter, a health facility shall submit a patient safety plan to the department’s licensing and certification division.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The department may impose a fine not to exceed five thousand dollars ($5,000) on a health facility for failure to adopt, update, or submit a patient safety plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department may grant a health facility an automatic 60-day extension for submitting a biennial patient safety plan.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall make all
patient safety plans submitted by health facilities available to the public on its internet website.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For the purposes of this section, patient safety events shall be defined by the patient safety plan and shall include, but not be limited to, all adverse events or potential adverse events as described in Section 1279.1 that are determined to be preventable, and health-care-associated infections (HAI), as defined in the federal Centers for Disease Control and Prevention’s National Healthcare Safety Network, or its successor, unless the department accepts the recommendation of the Healthcare Associated Infection Advisory Committee, or its successor, that are determined to be preventable.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_4C6D4F65-FE03-4F45-ABFF-124D28DBBAA2">
<ns0:Num>SEC. 73.</ns0:Num>
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Section 1342.74 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_9BA6EA96-D5EA-4AFE-BC4B-13ABE36C4444">
<ns0:Num>1342.74.</ns0:Num>
<ns0:LawSectionVersion id="id_5C143EF3-9079-4294-8E4E-94C54E443543">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding Section 1342.71, a health care service plan shall not subject antiretroviral drugs that are medically necessary for the prevention of AIDS/HIV, including preexposure prophylaxis or postexposure prophylaxis, to prior authorization or step therapy, except as provided in paragraph (2).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the United States Food and Drug Administration has approved one or more therapeutic equivalents of a drug, device, or product for the prevention of AIDS/HIV, this section does not require a health care service plan to cover all of the therapeutically equivalent versions without prior authorization or step therapy, if at least one therapeutically equivalent version is covered without prior authorization or step therapy.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding any other law, a health care service plan shall not prohibit, or permit a delegated pharmacy benefit manager to prohibit, a pharmacy provider from dispensing preexposure prophylaxis or postexposure prophylaxis.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A health care service plan shall cover preexposure prophylaxis and postexposure prophylaxis that has been furnished by a pharmacist, as authorized in Section 4052 of the Business and Professions Code, including the pharmacist’s services and related testing ordered by the pharmacist. A health care service plan shall pay or reimburse, consistent with the requirements of this chapter, for the service performed by a pharmacist at an
in-network pharmacy or a pharmacist at an out-of-network pharmacy if the health care service plan has an out-of-network pharmacy benefit.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section does not require a health care service plan to cover preexposure prophylaxis or postexposure prophylaxis by a pharmacist at an out-of-network pharmacy, unless the health care service plan has an out-of-network pharmacy benefit.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall not apply to Medi-Cal managed care plans contracting with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), or Chapter 8.75 (commencing with Section 14590) of Part 3 of Division 9 of the Welfare and Institutions Code, to the extent that the services described in this section are excluded from coverage under the contract between the Medi-Cal managed care plans and the State Department of
Health Care Services.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_7283B96A-EC7C-4735-812B-FC58D3FA12A7">
<ns0:Num>SEC. 74.</ns0:Num>
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Section 1367.25 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_425B16CC-8618-4F78-863F-93D76AC3FD23">
<ns0:Num>1367.25.</ns0:Num>
<ns0:LawSectionVersion id="id_A03DDF24-B397-496A-AD84-FCE93960F6F6">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A group health care service plan contract, except for a specialized health care service plan contract, that is issued, amended, renewed, or delivered on or after January 1, 2000, to December 31, 2015, inclusive, and an individual health care service plan contract that is amended, renewed, or delivered on or after January 1, 2000, to December 31, 2015, inclusive, except for a specialized health care service plan contract, shall provide coverage for the following, under general terms and conditions applicable to all benefits:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A health care service plan contract that provides coverage for outpatient prescription drug benefits shall include coverage for a variety of federal Food and Drug Administration (FDA)-approved prescription contraceptive methods
designated by the plan. In the event the patient’s participating provider, acting within the provider’s scope of practice, determines that none of the methods designated by the plan is medically appropriate for the patient’s medical or personal history, the plan shall also provide coverage for another FDA-approved, medically appropriate prescription contraceptive method prescribed by the patient’s provider.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Benefits for an enrollee under this subdivision shall be the same for an enrollee’s covered spouse and covered nonspouse dependents.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A health care service plan contract, except for a specialized health care service plan contract, that is issued, amended, renewed, or delivered on or after January 1, 2016, shall provide coverage for all of the following services and contraceptive methods for all subscribers and enrollees:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Except as provided in clause (ii) and in subparagraphs (B) and (C) of paragraph (2), all FDA-approved contraceptive drugs, devices, and other products, including all FDA-approved contraceptive drugs, devices, and products available over the counter, as prescribed by the enrollee’s provider.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For any health care service plan contract described in paragraph (1) that is issued, amended, renewed, or delivered on or after January 1, 2024, both of the following conditions shall apply:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A prescription shall not be required to trigger coverage of over-the-counter FDA-approved contraceptive drugs, devices, and products.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Point-of-sale coverage for over-the-counter FDA-approved contraceptive drugs, devices, and products shall
be provided at in-network pharmacies without cost sharing or medical management restrictions.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Voluntary tubal ligation and other similar sterilization procedures.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Clinical services related to the provision or use of contraception, including consultations, examinations, procedures, device insertion, ultrasound, anesthesia, patient education, referrals, and counseling.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Followup services related to the drugs, devices, products, and procedures covered under this subdivision, including, but not limited to, management of side effects, counseling for continued adherence, and device removal.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except for a grandfathered health plan, a health care service plan subject to this subdivision shall not impose a deductible,
coinsurance, copayment, or any other cost-sharing requirement on the coverage provided pursuant to this subdivision. Cost sharing shall not be imposed on any Medi-Cal beneficiary.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the FDA has approved one or more therapeutic equivalents, as that term is defined by the FDA, of a contraceptive drug, device, or product, a health care service plan is not required to cover all of those therapeutically equivalent versions in accordance with this subdivision, as long as at least one is covered without cost sharing in accordance with this subdivision. If there is no therapeutic equivalent generic substitute available in the market, a health care service plan shall provide coverage without cost sharing for the original, brand name contraceptive.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If a covered therapeutic equivalent of a drug, device, or product is deemed medically inadvisable by the enrollee’s provider, a health
care service plan shall defer to the determination and judgment of the provider and provide coverage for the alternative prescribed contraceptive drug, device, product, or service without imposing any cost-sharing requirements. Medical inadvisability may include considerations such as severity of side effects, differences in permanence or reversibility of contraceptives, and ability to adhere to the appropriate use of the drug or item, as determined by the provider. The department may promulgate regulations establishing an easily accessible, transparent, and sufficiently expedient process that is not unduly burdensome, including timeframes, for an enrollee, an enrollee’s designee, or an enrollee’s provider to request coverage of an alternative prescribed contraceptive. A request for coverage under this subparagraph that is submitted by an enrollee, an enrollee’s designee, or provider shall be approved by the health care service plan in compliance with the time limits in Section 1367.241 and, as applicable,
with the plan’s Medi-Cal managed care contract.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Except as otherwise authorized under this section, a health care service plan shall not infringe upon an enrollee’s choice of contraceptive drug, device, or product and shall not impose any restrictions or delays on the coverage required under this subdivision, including prior authorization, step therapy, or other utilization control techniques.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Benefits for an enrollee under this subdivision shall be the same for an enrollee’s covered spouse and covered nonspouse dependents.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For purposes of this subdivision, “health care service plan” shall include Medi-Cal managed care plans that contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) and Chapter 8 (commencing with Section 14200) of Part 3 of
Division 9 of the Welfare and Institutions Code, to the extent that the benefits described in this subdivision are made the financial responsibility of the Medi-Cal managed care plan under its comprehensive risk contract with the State Department of Health Care Services. If some or all of the benefits described in this subdivision are not the financial responsibility of the Medi-Cal managed care plan, as determined by the State Department of Health Care Services, those benefits shall be available to Medi-Cal beneficiaries on a fee-for-service basis pursuant to subdivision (n) of Section 14132 of the Welfare and Institutions Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this section, a religious employer may request a health care service plan contract without coverage for FDA-approved contraceptive methods that are contrary to the religious employer’s religious tenets. If so requested, a health care service plan
contract shall be provided without coverage for contraceptive methods. The exclusion from coverage under this provision shall not apply to a contraceptive drug, device, procedure, or other product that is used for purposes other than contraception.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this section, a “religious employer” is an entity for which each of the following is true:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The inculcation of religious values is the purpose of the entity.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The entity primarily employs persons who share the religious tenets of the entity.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The entity serves primarily persons who share the religious tenets of the entity.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The entity is a nonprofit organization as described in Section 6033(a)(3)(A)(i) or (iii) of
the Internal Revenue Code of 1986, as amended.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Every health care service plan contract that is issued, amended, renewed, or delivered on or after January 1, 2017, shall cover up to a 12-month supply of FDA-approved, self-administered hormonal contraceptives when dispensed or furnished at one time for an enrollee by a provider, pharmacist, or at a location licensed or otherwise authorized to dispense drugs or supplies.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision shall not be construed to require a health care service plan contract to cover contraceptives provided by an out-of-network provider, pharmacy, or location licensed or otherwise authorized to dispense drugs or supplies, except as may be otherwise authorized by state or federal law or by the plan’s policies governing out-of-network coverage.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This
subdivision shall not be construed to require a provider to prescribe, furnish, or dispense 12 months of self-administered hormonal contraceptives at one time.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A health care service plan subject to this subdivision, shall not impose utilization controls or other forms of medical management limiting the supply of FDA-approved, self-administered hormonal contraceptives that may be dispensed or furnished by a provider or pharmacist, or at a location licensed or otherwise authorized to dispense drugs or supplies to an amount that is less than a 12-month supply, and shall not require an enrollee to make any formal request for such coverage other than a pharmacy claim.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall not be construed to exclude coverage for contraceptive supplies as prescribed by a provider, acting within the provider’s scope of practice, for reasons other than contraceptive purposes, such
as decreasing the risk of ovarian cancer or eliminating symptoms of menopause, or for contraception that is necessary to preserve the life or health of an enrollee.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall not be construed to deny or restrict in any way the department’s authority to ensure plan compliance with this chapter when a plan provides coverage for contraceptive drugs, devices, and products.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall not be construed to require an individual or group health care service plan contract to cover experimental or investigational treatments.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Grandfathered health plan” has the meaning set forth in Section 1251 of PPACA.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“PPACA” means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any rules, regulations, or guidance issued thereunder.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
With respect to health care service plan contracts issued, amended, or renewed on or after January 1, 2016, “provider” means an individual who is certified or licensed to furnish family planning services within their scope of practice pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, including a pharmacist authorized pursuant to Section 4052 of the Business and Professions Code, or an initiative act referred to in that division, or Division 2.5 (commencing with Section 1797) of this code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this section, “over-the-counter FDA-approved contraceptive drugs, devices, and products” and “over-the-counter birth control methods” are limited to those included as essential health benefits pursuant to Section 1367.005.
</html:p>
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<ns0:BillSection id="id_4422BAE9-7793-4F87-AA51-F441DBFC3A78">
<ns0:Num>SEC. 75.</ns0:Num>
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Section 1597.640 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_8526A1D5-CD22-4998-A12B-F31249003413">
<ns0:Num>1597.640.</ns0:Num>
<ns0:LawSectionVersion id="id_4F815AE0-0CE5-4018-9502-D16537370986">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as required by state or federal or as required to administer a state or federally supported educational program, licensed child daycare facilities, employees of licensed child daycare facilities, and license-exempt California state preschool program facilities shall not collect information or documents regarding citizenship or immigration status of children or their family members.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The licensee or administrator of a licensed child daycare facility, as applicable, shall report to the State Department of Social Services and Attorney General any requests for information or access to the facility by an officer or employee of a law enforcement agency, for the purpose of immigration enforcement. The
licensee or administrator shall not provide the personal information, as defined in Section 1798.3 of the Civil Code, of staff, children in care, or their relatives and family members, except that a licensee or administrator of a licensed child daycare facility may provide to the State Department of Social Services and Attorney General documentation that the licensee or administrator has received from an officer or employee of a law enforcement agency that includes that personal information.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A license-exempt California state preschool program facility may submit the report described in subparagraph (A) to the State Department of Education and Attorney General. If the report is submitted, the facility shall ensure the confidentiality and privacy of any information in accordance with the right to privacy contained in Section 1 of Article I of the California Constitution. An individual making a report pursuant to this paragraph shall not be
required to offer or submit any personally identifying information, including, but not limited to, their name, phone number, or address.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The State Department of Social Services and the State Department of Education is not responsible for confirming whether a report was made to the Attorney General, as described in paragraph (1), and failing to make that report to the Attorney General is not a violation of this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The State Department of Social Services shall provide any information on licensed California state preschool program facilities collected pursuant to this subdivision to the Superintendent of Public Instruction for legislative reporting purposes.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A licensee or administrator of a licensed child daycare facility or a license-exempt California state preschool program facility shall request
parents or authorized representatives to review and update their emergency contact information, as needed.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If a licensee, administrator, or worker, or any other representative, of a licensed child daycare facility or a license-exempt California state preschool program facility is aware that a child’s parent or authorized representative is not available to care for the child, the facility shall first exhaust any parental instruction relating to the child’s care found in the child’s emergency contact information.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section does not prohibit a licensed child daycare facility or a license-exempt California state preschool program facility from
establishing stronger standards and protections, in accordance with applicable laws.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Attorney General, by April 1, 2026, in consultation with the appropriate stakeholders, including, but not limited to, child daycare licensees, the State Department of Social Services, the State Department of Education, and the Early Childhood Policy Council established pursuant to Section 10320 of the Welfare and Institutions Code, shall publish model policies limiting assistance with immigration enforcement at licensed child daycare facilities and license-exempt California state preschool program facilities to the fullest extent possible consistent with federal and state law, and ensuring that those facilities remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Procedures related to requests for access to facility grounds for purposes related to immigration enforcement.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Procedures for facility employees to notify the licensee or administrator of the facility, as applicable, if an individual requests or gains access to facility grounds for purposes related to immigration enforcement.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Procedures for responding to requests for personal information about children or their family members for purposes of immigration enforcement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking
any regulatory action.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The State Department of Social Services shall inform licensed child daycare facilities, and the State Department of Education shall inform license-exempt California state preschool program facilities, of the model policies published by the Attorney General pursuant to subdivision (f).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
All California state preschool programs, including both those that are licensed and those that are license-exempt, shall adopt the model policies developed pursuant to subdivision (f), or equivalent policies, as soon as possible, but in no event later than July 1, 2026. Those California state preschool programs shall update these policies to conform with any revisions or updates to the model policies developed by the Attorney General.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A licensed child daycare facility and
license-exempt California state preschool program facilities shall ensure parents or authorized representatives of children in care are aware of the model policies published by the Attorney General pursuant to subdivision (f), including, but not limited to, how to obtain a copy of the model policies.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A licensed child daycare facility and a license-exempt California state preschool program facility shall provide a child’s parent or authorized representative with information about how to access the model policies described in paragraph (1) of subdivision (f) as best practices guidance.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The State Department of Social Services shall inform licensed child
daycare facilities, and the State Department of Education shall inform license-exempt California state preschool program facilities, of any revisions or updates to the model policies described in paragraph (1) of subdivision (f) when the applicable department is notified by the Attorney General of updates to the model policies.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any information, policies, or guidance provided by facilities to parents or authorized representatives shall be revised as necessary to be consistent with any revisions or updates to the model policies issued by the Attorney General.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For purposes of this section, the following terms have the following meanings:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“California state preschool program” means any classroom that is funded, in whole or in part, by funds received pursuant to Section
8207 of the Education Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“License-exempt California state preschool program facility” means a California state preschool program that is exempt from licensure under the California Child Day Care Act pursuant to subdivision (o) of Section 1596.792.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Licensed child daycare facility” means a child daycare facility, as defined in Section 1596.750, that is licensed pursuant to the California Child Day Care Act.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
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 may implement, interpret, make specific, and administer this section by means of interim licensing standards that shall have the same force and effect as regulations, until
regulations are adopted.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_55821C3F-1DFB-4167-9FFA-C4B932E87AEE">
<ns0:Num>SEC. 76.</ns0:Num>
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Section 8028.73 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_43CAC324-F48A-409E-A207-40AB4F5D6C06">
<ns0:Num>8028.73.</ns0:Num>
<ns0:LawSectionVersion id="id_AB892005-BF56-495F-98AC-F522853A580D">
<ns0:Content>
<html:p>In alignment with the policy established pursuant to Section 8028.7 and consistent with the federal Native American Graves Protection and Repatriation Act (25 U.S.C. Sec. 3001 et seq.), the California State University shall, in consultation with California Indian tribes, develop a policy for the reburial of Native American human remains repatriated by the California State University on land owned by the California State University. The policy shall do both of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Require the California State University to consult on topics with California Indian tribes, including, but not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Campus space or land availability and its location.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
California Indian tribes culturally affiliated with the potential reburial land.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Long-term protection and stewardship responsibilities.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Compliance with all applicable federal, tribal, state, and local laws.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Other burial-related topics as requested by consulting parties.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Tribal cultural protocols for access and use.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Confidentiality.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Require that any proposed location for the reburial of repatriated Native American human remains by the
California State University be mutually agreed upon by the California State University and California Indian tribes culturally affiliated with the potential reburial land.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_A4B784DD-8183-4BA0-86ED-E3D0E823B4F6">
<ns0:Num>SEC. 77.</ns0:Num>
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Section 17021.8 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_D9990D7B-9C27-439C-8764-AA61DB040B9F">
<ns0:Num>17021.8.</ns0:Num>
<ns0:LawSectionVersion id="id_82226A49-1D59-4466-AD61-9E639FC5DFF9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A development proponent may submit an application for a development that is subject to a streamlined, ministerial approval process, provided in subdivision (b), and is not subject to a conditional use permit if all of the following requirements are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The development is located on land that meets one of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Is designated as agricultural in the applicable city or county general plan.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Is located in the County of
Fresno, Madera, Merced, Santa Clara, or Santa Cruz, is within 15 miles of an area designated as farmland or grazing by the Department of Conservation, and is not a site or adjoined to a site where more than one-third of the square footage on the site is dedicated to industrial use. For the purposes of this subparagraph, parcels separated by a street shall be considered adjoined.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The development is not located on a site that is any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Within the coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Within a very high fire hazard severity zone, as determined by the
Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code
standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901)), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Lands identified for conservation in an adopted natural community conservation plan
pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Lands under conservation easement. For purposes of this section, “conservation easement” shall not include a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code).
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Lands with groundwater levels within five feet of the soil surface and for which the development would be served by an onsite wastewater disposal system serving more than six family housing units.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The development is an eligible agricultural employee housing
development that satisfies the requirements specified in subdivision (i).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If a local government determines that a development submitted pursuant to this section does not meet the requirements specified in subdivision (a), the local government shall provide the development proponent written documentation of which requirement or requirements the development does not satisfy and an explanation for the reason or reasons the development does not satisfy the requirement or requirements, as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Within 30 days of submission of the development to the local government pursuant to this section if the development contains 50 or fewer housing units.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Within 60 days of submission of the development to the local government pursuant to this section if the development contains more than 50
housing units.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the requirements specified in paragraph (2) of subdivision (a).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The local government’s planning commission or an equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate, may conduct a development review or public oversight of the development. The development review or public oversight shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective development standards described in this section. For purposes of this subdivision, “objective development standards” mean standards that involve no personal or subjective judgment by a public
official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submission. The development review or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Within 90 days of submission of the development to the local government pursuant to this section if the development contains 50 or fewer housing units.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Within 180 days of submission of the development to the local government pursuant to this section if the development contains more than 50 housing units.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An agricultural employee housing development that is approved pursuant to this section
shall not be subject to the density limits specified in Section 17021.6 in order to constitute an agricultural land use for purposes of that section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding Section 17021.6, a local government may subject an agricultural employee housing development that is approved pursuant to this section to the following written, objective development standards:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A requirement that the development have adequate water and wastewater facilities and dry utilities to serve the project.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A requirement that the development be connected to an existing public water system that has not been identified as failing or being at risk of failing to provide an adequate supply of safe drinking water.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the development proposes to
include 10 or more units, a requirement that the development connect to an existing municipal sewer system that has adequate capacity to serve the project. If the local agency has adopted an approved local agency management program for onsite wastewater treatment systems, those requirements shall apply to the development.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A requirement that the property on which the development is located be either:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Within one-half mile of a duly designated collector road with an Average Daily Trips (ADT) of 6,000 or greater.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Adjacent to a duly designated collector road with an ADT of 2,000 or greater.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A requirement that the development include off-street parking based upon demonstrated need, provided that the standards do not require more parking for
eligible agricultural employee housing developments than for other residential uses of similar size within the jurisdiction.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding Section 17020 or any other law, health, safety, and welfare standards for agricultural employee housing, including, but not limited to, density, minimum living space per occupant, minimum sanitation facilities, minimum sanitation requirements, and similar standards.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Standards requiring that 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.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Neither the approval of a development pursuant to this section, including the permit processing, nor the application of development
standards pursuant to this section shall be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Notwithstanding Section 17021.6, a local agency may impose fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to the eligible agricultural employee housing development.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section shall not be construed to:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Prohibit a local agency from requiring an eligible agricultural employee housing development to comply with objective, quantifiable, written development standards, conditions, and policies that are consistent with subdivision (e) and appropriate to, and consistent with, meeting the jurisdiction’s need for farmworker
housing, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583 of the Government Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Prohibit a local agency from disapproving an eligible agricultural employee housing development if the eligible agricultural employee housing development as proposed 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 without rendering the development unaffordable to lower income households, as defined in Section 50079.5, or rendering the development financially infeasible. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Prohibit a local agency from disapproving an eligible agricultural employee housing development if that project would be in violation of any applicable state or federal law.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Change any obligations to comply with any other existing laws, including, but not limited to, Section 116527, Section 106.4 of the Water Code, Division 7 (commencing with Section 13000) of the Water Code, and Part 12 (commencing with Section 116270) of Division 104.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For purposes of this section, “eligible agricultural employee housing development” means an agricultural employee housing development that satisfies all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The agricultural employee housing does not contain dormitory-style housing.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The development consists of no more than
either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Thirty-six units or spaces designed for use by a single family or household.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
One hundred fifty units or spaces designed for use by a single family or household if the development is located in the Counties of Fresno, Madera, Merced, Santa Clara, or Santa Cruz.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as otherwise provided in subparagraph (B), the agricultural employee housing will be maintained and operated by a qualified affordable housing organization that has been certified pursuant to Section 17030.10. The development proponent shall submit proof of issuance of the qualified affordable housing organization’s certification by the enforcement agency. The qualified affordable housing organization shall provide for onsite management of the development.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In the case of agricultural employee housing that is maintained and operated by a local public housing agency or a multicounty, state, or multistate agency that has been certified as a qualified affordable housing organization as required by this paragraph, that agency either directly maintains and operates the agricultural employee housing or contracts with another qualified affordable housing organization that has been certified pursuant to Section 17030.10.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The local government ensures an affordability covenant is recorded on the property to ensure the affordability of the proposed agricultural employee housing for agricultural employees for not less than 55 years. For purposes of this paragraph, “affordability” means the agricultural housing is made available at an affordable rent, as defined in Section 50053, to lower income households, as defined in Section 50079.5.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The agricultural employee housing is not ineligible for state funding pursuant to paragraph (1) of subdivision (b) of Section 50205 or paragraph (1) of subdivision (b) of Section 50517.10. All subdivisions of agricultural employee housing in the development and the entire scope of the development are not ineligible for funding pursuant to paragraph (1) of subdivision (b) of Section 50205 or paragraph (1) of subdivision (b) of Section 50517.10. The use of the term “unit or space” shall not be construed to limit those provisions’ prohibition on the use of state funding to support H-2A employer obligations. Consistent with paragraph (2) of subdivision (b) of Section 50205 and paragraph (1) of subdivision (b) of Section 50517.10, any employer or other recipient of state funding who utilizes state funding for a purpose prohibited under those provisions shall reimburse the state or the state agency that provided the funding in an amount equal to the
amount of that state funding expended for those prohibited purposes.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
For purposes of this section, “agricultural employee housing” means employee housing for agricultural employees as both terms are defined in Sections 17008 and 17021, respectively.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
For the purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Dedicated to industrial use” means any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The square footage is currently being used as an industrial use.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The most recently permitted use of the square footage is an industrial use, and the site has been occupied within the past three years.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The site was designated for industrial use in the latest version
of a local government’s general plan adopted before January 1, 2022, and residential uses are not the principally permitted use.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as otherwise provided in subparagraph (B), “industrial use” means utilities, manufacturing, transportation storage and maintenance facilities, warehousing uses, and any other use that is a source that is subject to permitting by a district, as defined in Section 39025, pursuant to Division 26 (commencing with Section 39000), or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Industrial use” does not include any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Power substations or utility conveyances, including, but not limited to, power lines, broadband wires, or pipe.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A use where the only source
permitted by a district is an emergency backup generator.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Self-storage for the residents of a building.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development and use of sufficient numbers and types of agricultural employee housing as are commensurate with local need. The Legislature further finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
</html:p>
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<ns0:BillSection id="id_CCAA3A01-4D4D-4C2E-BED7-DB25EC8372EA">
<ns0:Num>SEC. 78.</ns0:Num>
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Section 17970.3 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_1E575F52-4EC9-469D-8138-150C88ACD599">
<ns0:Num>17970.3.</ns0:Num>
<ns0:LawSectionVersion id="id_4AD59A69-DB35-4B39-93CD-0EC0F39EE144">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This section shall only apply to both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A new residential construction of a building that contains at least 1 unit, but no more than 10 units, contains only residential units, and has no floors used for human occupancy located more than 40 feet above ground level.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A residential addition to an existing building that contains 1 to
9 dwelling units, inclusive, contains only residential units, and has no floors used for human occupancy located more than 40 feet above ground level, for the purpose of adding new residential units to the existing building, not to exceed 10 total units in the building as proposed to be constructed.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Within 10 business days of receiving a notice of the completion of the permitted work authorized by a building permit issued for a project subject to this section, the building department of every city or county shall conduct an inspection of the permitted work.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If a building department of a city or county fails to meet the time limit in this section, it shall be in violation of Section 65589.5 of the Government Code.
</html:p>
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<ns0:BillSection id="id_012B2C14-14CD-476A-ABB7-BDEC999AFC7B">
<ns0:Num>SEC. 79.</ns0:Num>
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Section 38532 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_71BA495A-B9DA-484E-A8E6-E556338945D7">
<ns0:Num>38532.</ns0:Num>
<ns0:LawSectionVersion id="id_700F9B95-C9B3-432E-8F88-561719267CF0">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This section shall be known, and may be cited, as the Climate Corporate Data Accountability Act.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, the following terms have the following definitions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Emissions reporting organization” means a nonprofit emissions reporting organization contracted by the state board pursuant to paragraph (3) of subdivision (c) that both:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Currently operates a greenhouse gas emissions reporting organization for organizations operating in the United States.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Has experience with greenhouse gas emissions disclosure by entities operating in
California.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Reporting entity” means a partnership, corporation, limited liability company, or other business entity formed under the laws of this state, the laws of any other state of the United States or the District of Columbia, or under an act of the Congress of the United States with total annual revenues in excess of one billion dollars ($1,000,000,000) and that does business in California. Applicability shall be determined based on the reporting entity’s revenue for the prior fiscal year.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Scope 1 emissions” means all direct greenhouse gas emissions that stem from sources that a reporting entity owns or directly controls, regardless of location, including, but not limited to, fuel combustion activities.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Scope 2 emissions” means indirect greenhouse gas emissions from consumed electricity, steam,
heating, or cooling purchased or acquired by a reporting entity, regardless of location.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Scope 3 emissions” means indirect upstream and downstream greenhouse gas emissions, other than scope 2 emissions, from sources that the reporting entity does not own or directly control and may include, but are not limited to, purchased goods and services, business travel, employee commutes, and processing and use of sold products.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before July 1, 2025, the state board shall develop and adopt regulations to require a reporting entity to annually disclose all of the reporting entity’s scope 1 emissions, scope 2 emissions, and scope 3 emissions, and obtain an assurance engagement performed by an independent third-party assurance provider. Those regulations shall require the reporting entity to make the annual disclosure to either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The emissions reporting organization, if contracted for services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The state board.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The state board shall ensure that the regulations adopted pursuant to this subdivision require all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
That a reporting entity, starting in 2026 on or by a date to be determined by the state board, and annually thereafter on or by that date, publicly disclose to the emissions reporting organization, if contracted for services, or the state board, all of the reporting entity’s scope 1 emissions and scope 2 emissions for the reporting entity’s prior fiscal year.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
That a reporting entity, starting in 2027 and annually thereafter,
publicly disclose its scope 3 emissions on a schedule specified by the state board as part of the regulations developed pursuant to this subdivision for the prior fiscal year.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A reporting entity shall, beginning in 2026, measure and report its emissions of greenhouse gases in conformance with the Greenhouse Gas Protocol standards and guidance, including the Greenhouse Gas Protocol Corporate Accounting and Reporting Standard and the Greenhouse Gas Protocol Corporate Value Chain (Scope 3) Accounting and Reporting Standard developed by the World Resources Institute and the World Business Council for Sustainable Development, including guidance for scope 3 emissions calculations that detail acceptable use of both primary and secondary data sources, including the use of industry average data, proxy data, and other generic data in its scope 3 emissions calculations.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Reports
may be consolidated at the parent company level. If a subsidiary of a parent company qualifies as a reporting entity pursuant to paragraph (2) of subdivision (b), the subsidiary is not required to prepare a separate report.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
Starting in 2033, the state board may survey and assess currently available greenhouse gas accounting and reporting standards. At the conclusion of this assessment the state board may adopt a globally recognized alternative accounting and reporting standard if it determines its use would more effectively further the goals of this section. This review process shall include consultation with the stakeholders identified in paragraph (5).
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
If the state board adopts an alternative accounting and reporting standard, the state board shall develop and adopt new regulations, pursuant to paragraph (1), to ensure full conformance with
the new standard and reporting of scope 1 emissions, scope 2 emissions, and scope 3 emissions and other requirements of this section.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
During 2029 the state board shall review, and on or before January 1, 2030, the state board shall update as necessary, the public disclosure deadlines established pursuant to clause (i) to evaluate trends in scope 3 emissions reporting and consider changes to the disclosure deadlines to ensure that scope 3 emissions data is disclosed to the emissions reporting organization, if contracted for services, or the state board, as close in time as practicable to the deadline for reporting entities to disclose scope 1 emissions and scope 2 emissions data.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The reporting timelines shall consider industry stakeholder input and shall take into account the timelines by which reporting entities typically receive scope 1 emissions, scope 2 emissions, and
scope 3 emissions data, as well as the capacity for an independent assurance engagement to be performed by a third-party assurance provider.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
That a reporting entity’s public disclosure maximizes access for consumers, investors, and other stakeholders to comprehensive and detailed greenhouse gas emissions data across scope 1 emissions, scope 2 emissions, and scope 3 emissions, as defined by this section, and is made in a manner that is easily understandable and accessible.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
That a reporting entity’s public disclosure includes the name of the reporting entity and any fictitious names, trade names, assumed names, and logos used by the reporting entity.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
That the emissions reporting is structured in a way that minimizes duplication of effort and allows a reporting entity to submit to
the emissions reporting organization, if contracted for services, or the state board, reports prepared to meet other national and international reporting requirements, including any reports required by the federal government, as long as those reports satisfy all of the requirements of this section.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Reporting entities that are required to report mandatory industrial emissions pursuant to regulations adopted pursuant to Section 38530 may provide that data with the disclosure required pursuant to this section.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
That a reporting entity’s disclosure takes into account acquisitions, divestments, mergers, and other structural changes that can affect the greenhouse gas emissions reporting, and is disclosed in a manner consistent with the Greenhouse Gas Protocol standards and guidance or an alternative standard, if one is adopted after 2033.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
That a reporting entity obtains an assurance engagement, performed by an independent third-party assurance provider, of their public disclosure. The reporting entity shall ensure that a copy of the complete assurance provider’s report on the greenhouse gas emissions inventory, including the name of the third-party assurance provider, is provided to the emissions reporting organization, if contracted for services, or the state board, as part of or in connection with the reporting entity’s public disclosure.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The assurance engagement for scope 1 emissions and scope 2 emissions shall be performed at a limited assurance level beginning in 2026 and at a reasonable assurance level beginning in 2030.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
During 2026, the state board shall review and evaluate trends in third-party assurance
requirements for scope 3 emissions. On or before January 1, 2027, the state board may establish an assurance requirement for third-party assurance engagements of scope 3 emissions. The assurance engagement for scope 3 emissions shall be performed at a limited assurance level beginning in 2030.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A third-party assurance provider shall have significant experience in measuring, analyzing, reporting, or attesting to the emission of greenhouse gases and sufficient competence and capabilities necessary to perform engagements in accordance with professional standards and applicable legal and regulatory requirements. The assurance provider shall be able to issue reports that are appropriate under the circumstances and independent with respect to the
reporting entity, and any of the reporting entity’s affiliates for which it is providing the assurance report. During 2029 the state board shall review and, on or before January 1, 2030, shall update as necessary, the qualifications for third-party assurance providers based on an evaluation of trends in education relating to the emission of greenhouse gases and the qualifications of third-party assurance providers.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The state board shall ensure that the assurance process minimizes the need for reporting entities to engage multiple assurance providers and ensures sufficient assurance provider capacity, as well as timely reporting implementation as required under clause (i) of subparagraph (A).
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
That a reporting entity shall pay an annual fee to the state board for the administration and implementation of this section.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The state board shall set the fee established pursuant to clause (i) in an amount sufficient to cover the state board’s full costs of administrating and implementing this section. The total amount of fees collected shall not exceed the state board’s actual and reasonable costs to administer and implement this section.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The proceeds of the fees imposed pursuant to clause (i) shall be deposited in the Climate Accountability and Emissions Disclosure Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, the money in the fund is continuously appropriated to the state board and shall be expended by the state board for the state board’s activities pursuant to this section and to reimburse any outstanding loans made from other funds used to finance the initial costs of the state board’s activities pursuant to this section. Moneys
in the fund shall not be expended for any purpose not enumerated in this section.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The state board may adjust the fee in any year to reflect changes in the California Consumer Price Index during the prior year.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The state board may contract with an emissions reporting organization to develop a reporting program to receive and make publicly available disclosures required by this section pursuant to paragraph (1).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The state board may adopt or update any other regulations that it deems necessary and appropriate to implement this section.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
In developing the regulations required pursuant to this subdivision, the state board shall consult with all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The Attorney
General.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Other government stakeholders, including, but not limited to, experts in climate science and corporate carbon emissions accounting and reporting.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Investors.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Stakeholders representing consumer and environmental justice interests.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Reporting entities that have demonstrated leadership in full-scope greenhouse gas emissions accounting and public disclosure and greenhouse gas emissions reductions.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
This section does not require additional reporting of emissions of greenhouse gases beyond the reporting of scope 1 emissions, scope 2 emissions, and scope 3 emissions required pursuant to the Greenhouse Gas Protocol standards and guidance or an alternative standard, if one
is adopted after 2033.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before July 1, 2027, the state board shall contract with the University of California, the California State University, a national laboratory, or another equivalent academic institution to prepare a report on the public disclosures made by reporting entities to the emissions reporting organization, if contracted for services, or the state board, pursuant to subdivision (c) and the regulations adopted by the state board pursuant to that subdivision. In preparing the report, consideration shall be given to, at a minimum, greenhouse gas emissions from reporting entities in the context of state greenhouse gas emissions reduction and climate goals. The entity preparing the report shall not require reporting entities to report any information beyond what is required pursuant to subdivision (c) or the regulations adopted by the state board pursuant to that subdivision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The state board shall ensure the report required by this subdivision is posted publicly by either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The emissions reporting organization, if contracted for services, to be made publicly available on the digital platform required to be created by the emissions reporting organization pursuant to subdivision (e).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The state board on its public internet website.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The state board, or the emissions reporting organization, if contracted for services, on or before the date determined by the state board pursuant to clause (i) of subparagraph (A) of paragraph (2) of subdivision (c), shall create a digital platform, which shall be accessible to the public, that will feature the
emissions data of reporting entities in conformance with the regulations adopted by the state board pursuant to subdivision (c) and the report prepared for the state board pursuant to subdivision (d). The state board, or the emissions reporting organization, if contracted for services, shall make the reporting entities’ disclosures and the state board’s report available on the digital platform no later than 90 days after receipt.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The digital platform shall be capable of featuring individual reporting entity disclosures, and shall allow consumers, investors, and other stakeholders to view reported data elements aggregated in a variety of ways, including multiyear data, in a manner that is easily understandable and accessible to residents of the state. All data sets and customized views shall be available in electronic format for access and use by the public.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any contract
for services with a reporting organization shall be considered a noninformation technology services contract for procurement purposes.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The emissions reporting organization, if contracted for services, or the state board, shall submit, within 30 days of receipt, the report prepared for the state board pursuant to subdivision (d) to the relevant policy committees of the Legislature.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Section 38580 does not apply to a violation of this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The state board shall adopt regulations that authorize it to seek administrative penalties for nonfiling, late filing, or other failure to meet the requirements of this section. The administrative penalties authorized by this section shall be imposed and recovered by the state board in administrative hearings
conducted pursuant to Article 3 (commencing with Section 60065.1) and Article 4 (commencing with Section 60075.1) of Subchapter 1.25 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations. The administrative penalties imposed on a reporting entity shall not exceed five hundred thousand dollars ($500,000) in a reporting year. In imposing penalties for a violation of this section, the state board shall consider all relevant circumstances, including both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The violator’s past and present compliance with this section.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Whether the violator took good faith measures to comply with this section and when those measures were taken.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A reporting entity shall not be subject to an administrative penalty under this section for any misstatements with regard to scope 3 emissions
disclosures made with a reasonable basis and disclosed in good faith.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Penalties assessed on scope 3 reporting, between 2027 and 2030, shall only occur for nonfiling.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A regulation adopted by the state board pursuant to this section is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section applies to the University of California only to the extent that the Regents of the University of California, by resolution, make any of these provisions applicable to the university.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or
applications that can be given effect without the invalid provision or application.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_8456D6ED-F832-438D-AAAC-6A9137B75E83">
<ns0:Num>SEC. 80.</ns0:Num>
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Section 38562 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
, as amended by Section 3 of Chapter 117 of the Statutes of 2025, is amended to read:
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<ns0:LawSection id="id_15515F85-9E17-453E-8F13-CDB037412028">
<ns0:Num>38562.</ns0:Num>
<ns0:LawSectionVersion id="id_5F9A5D99-181E-4CC2-9E38-B96BDA072939">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The state board shall adopt greenhouse gas emissions limits and emissions reduction measures by regulation to achieve the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions to achieve the requirements of Sections 38562.2 and 38566 and the purposes of this division.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In adopting regulations pursuant to this section and Part 5 (commencing with Section 38570), to the extent feasible, to achieve the requirements of Sections 38562.2 and 38566 and the purposes of this division, the state board shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Design the regulations, including distribution of emissions allowances where appropriate, in a manner that is
equitable, seeks to minimize costs and maximize the total benefits to California, and encourages early action to reduce greenhouse gas emissions.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Design the regulations, including distribution of emissions allowances where appropriate, in a manner that transitions support from gas corporations to electrical distribution utilities, as defined in Section 95802 of Title 17 of the California Code of Regulations, on or before January 1, 2031, to minimize ratepayer impacts and achieve the requirements of Sections 38562.2 and 38566 and the purposes of this division.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, “gas corporation” has the same meaning as set forth in Section 222 of the Public Utilities Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Except as provided in clause (i), this subparagraph shall not be construed to impact the
distribution of emissions allowances to emissions-intensive, trade-exposed industrial sectors.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Ensure that activities undertaken to comply with the regulations do not disproportionately impact low-income communities.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Ensure that entities that have voluntarily reduced their greenhouse gas emissions before the implementation of this section receive appropriate credit for early voluntary reductions.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Ensure that activities undertaken pursuant to the regulations complement, and do not interfere with, efforts to achieve and maintain federal and state ambient air quality standards and to reduce toxic air contaminant emissions.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Consider cost-effectiveness of these regulations.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Consider overall societal benefits, including reductions in other air pollutants, diversification of energy sources, and other benefits to the economy, environment, and public health.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Consider the effect of these regulations on affordability,
cost-effectiveness, minimization of leakage in California, and achieving the requirements of Sections 38562.2 and 38566 and the purposes of this division.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Minimize the administrative burden of implementing and complying with these regulations.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Minimize leakage.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Consider the significance of the contribution of each source or category of sources to statewide emissions of greenhouse gases.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Unless otherwise required by context, terms in this subdivision shall have the definitions that apply pursuant to Section 95802 of Title 17 of the California Code of Regulations, as they read on January 1, 2017.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To achieve
the requirements of Sections 38562.2 and 38566 and the purposes of this division, the state board shall adopt a regulation that establishes a system of market-based declining annual aggregate emissions limits for sources or categories of sources that emit greenhouse gases, applicable from January 1, 2012, to December 31, 2045, inclusive, that the state board determines will achieve the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions, in the aggregate, from those sources or categories of sources, and ensures that programwide aggregate emissions from covered sources, at a minimum, decline with the requirements of Sections 38562.2 and 38566. In adopting a regulation applicable from January 1, 2021, to December 31, 2045, inclusive, pursuant to this subdivision, the state board shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Establish a price ceiling. In establishing the price ceiling, the
state board shall consider, using the best available science, all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The need to avoid adverse impacts on resident households, businesses, and the state’s economy.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The 2020 tier prices of the allowance price containment reserve.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The full social cost associated with emitting a metric ton of greenhouse gases.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The auction reserve price.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
The potential for environmental and economic leakage.
</html:p>
<html:p>
(VI)
<html:span class="EnSpace"/>
The cost per metric ton of greenhouse gas emissions reductions to achieve the statewide emissions targets established in Sections 38550 and 38566.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
To implement the price ceiling, the state board shall develop a mechanism that consists of both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Allowances remaining in the allowance price containment reserve as of December 31, 2020, shall be used solely for the purpose of sale at the price ceiling established by this section.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
If the allowances from the allowance price containment reserve are exhausted, the state board shall offer covered entities additional metric tons at the price ceiling if needed for compliance. Notwithstanding any other law, all moneys generated pursuant to this clause shall be deposited into the California Climate Mitigation Fund, which is hereby created in the State Treasury. Moneys in that fund shall be available, upon appropriation by the Legislature, for purposes, including, but not limited to, providing direct rebates and investments to reduce household
energy costs, including incentives to transition to zero-emission vehicles and energy efficient housing.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If the state board finds that the price containment reserve or the price ceiling, or both the price containment reserve and price ceiling do not adequately protect California consumers, the state board shall consider additional actions to ensure consumers are protected. Those actions may include, but are not limited to, adjustment to the allowance price containment reserve or the price ceiling, or both the allowance price containment reserve and the price ceiling.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Establish two price containment points at levels below the price ceiling. The state board shall offer to covered entities nontradable allowances for sale at these price containment points. The price containment points shall be established using two-thirds, divided equally, of the allowances in the allowance
price containment reserve as of December 31, 2017.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Require that current vintage allowances designated by the state board for auction that remain unsold in the auction holding account for more than 24 months to be transferred to the allowance price containment reserve.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Evaluate and address concerns related to overallocation in the state board’s determination of the number of available allowances for years 2021 to 2030, inclusive, as appropriate.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Establish offset credit limits according to the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
From January 1, 2021, to December 31, 2025, inclusive, a total of 4 percent of a covered entity’s compliance obligation may be met by surrendering offset credits of which no more than one-half may be sourced from
projects that do not provide direct environmental benefits in the state.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
From January 1, 2026, to December 31, 2045, inclusive, no greater than a total of 6 percent of a covered entity’s compliance obligation may be met by surrendering offset credits of which no more than one-half may be sourced from projects that do not provide direct environmental benefits in the state.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, “direct environmental benefits in the state” are the reduction or avoidance of emissions of any air pollutant in the state or the reduction or avoidance of any pollutant that could have an adverse impact on waters of the state.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A number of allowances equal to the total number of offset credits
used for compliance obligations in the prior year shall be removed from the next year’s annual allowance budget and retired.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Develop approaches to increase offset projects in the state considering guidance provided by the Compliance Offsets Protocol Task Force, established pursuant to Section 38591.1.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Set industry assistance factors for allowance allocation commencing in 2021 through 2030 at the levels applicable in the compliance period of 2015 to 2017, inclusive. Commencing January 1, 2031, the state board shall distribute industrial sector allowances in a manner that minimizes emissions leakage risk to cost-effectively achieve the requirements of Sections 38562.2 and 38566 and the purposes of this division.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Consider developing additional compliance offset protocols to address sectors that are not
covered by the market-based compliance mechanism but are identified in the scoping plan prepared pursuant to Section 38561, including carbon dioxide removal, or the targets established pursuant to Section 38561.5.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Establish allowance banking rules that discourage speculation, avoid financial windfalls, and consider the impact on complying entities and volatility in the market.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Report to the Legislature, by December 31, 2025, on the progress toward meeting the greenhouse gas emissions reduction targets established pursuant to Sections 38550 and 38566 and the leakage risk posed by the regulation. The state board shall include recommendations to the Legislature on necessary statutory changes to the program to reduce leakage, including the potential for a border carbon adjustment, while maintaining the state’s ability to reach its targets.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Report to the Legislature, in consultation with the Independent Emissions Market Advisory Committee, established pursuant to Section 38591.2, if two consecutive auctions exceed the lower of the price containment levels established pursuant to subparagraph (B). The report shall assess the potential for allowance prices to reach the price ceiling for multiple auctions.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A report submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
Report to the relevant fiscal and policy committees of the Legislature, including the Joint Committee on Climate Change Policies, on all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Updates to the scoping plan prepared pursuant to Section
38561 before adopting the update.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Updates on the implementation of the scoping plan prepared pursuant to Section 38561.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Updates on the implementation of the market-based compliance mechanism adopted pursuant to this subdivision.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any regulation adopted by the state board pursuant to this part or Part 5 (commencing with Section 38570) shall ensure all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The greenhouse gas emission reductions achieved are real, permanent, quantifiable, verifiable, and enforceable by the state board.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For regulations pursuant to Part 5 (commencing with Section 38570), the reduction is in addition to any greenhouse gas emission reduction otherwise required by law or
regulation, and any other greenhouse gas emission reduction that otherwise would occur.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If applicable, the greenhouse gas emission reduction occurs over the same time period and is equivalent in amount to any direct emission reduction required pursuant to this division.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The state board shall rely upon the best available economic and scientific information and its assessment of existing and projected technological capabilities when adopting the regulations required by this section.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The state board shall consult with the Public Utilities Commission in the development of the regulations as they affect electricity and natural gas providers in order to minimize duplicative or inconsistent regulatory requirements.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The state board may revise
regulations adopted pursuant to this section and adopt additional regulations to further the provisions of this division.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
In the updates to the scoping plan prepared pursuant to Section 38561, the state board shall include the progress toward meeting the greenhouse gas emissions reduction targets established pursuant to Section 38562.2. The state board shall include recommendations to the Legislature on necessary statutory changes to the market-based compliance mechanism to further cost-effectively reduce emissions.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The state board shall evaluate the cost impact of the market-based compliance mechanism on California consumers when it revises regulations implementing that mechanism pursuant to this section.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2046, and as of that date
is repealed.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_9C95D577-40F0-4C8B-A8EE-82971D4F6DDF">
<ns0:Num>SEC. 81.</ns0:Num>
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Section 38562.3 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_A5A2F63E-662C-4B6D-9BF7-2AA909844CD0">
<ns0:Num>38562.3.</ns0:Num>
<ns0:LawSectionVersion id="id_27A9F733-BE44-45C3-BF2B-1F1751EFE216">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
No later than December 31, 2026, the state board shall conduct a study and report to the Legislature, in accordance with Section 9795 of the Government Code, on all of the following related to offsets:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Evaluation of the contribution of offset projects to progress toward California’s climate goals.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Evaluation of the potential for changes to the definition of “direct environmental benefits in the state” for purposes of subparagraph (E) of paragraph (2) of subdivision (c) of Section 38562.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Recommendations on how instate offset projects could be more attractive for development.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Recommendations for alternative valuation methodologies or criteria for instate offset projects, particularly projects that support the goals of Section 38561.5 of this code or subdivision (b) of Section 71450 of the Public Resources Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on December 31, 2030.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
No later than January 1, 2029, the state board shall update all existing compliance offset protocols to ensure that the compliance offset protocols reflect the best available science, including, but not limited to, consideration of compliance offset
protocols in other carbon markets, crediting mechanisms established under Article 6.4 of the Paris Agreement adopted by the United Nations Climate Change Conference (COP21) in Paris, France, on December 12, 2015, also known as the Paris Agreement Crediting Mechanism, academic research, and industry best practices, that prioritize offset quality.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
No later than January 1, 2034, and every five years thereafter, the state board shall evaluate all compliance offset protocols and consider whether updates are necessary to ensure that the compliance offset protocols reflect the best available science, including consideration of items specified in subdivision (b).
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_161A1EE3-9D2E-42B1-8C51-16A02C0465C5">
<ns0:Num>SEC. 82.</ns0:Num>
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Section 38591.2 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E1A00A04-601B-40B9-9F2C-160A7C2AD4ED">
<ns0:Num>38591.2.</ns0:Num>
<ns0:LawSectionVersion id="id_3A5BF837-132A-406E-A5EA-B47BB42F2F8D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Independent Emissions Market Advisory Committee is hereby established within the California Environmental Protection Agency.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The committee shall be composed of at least five experts on emissions trading market design appointed according to the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Three members appointed by the Governor.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
One member appointed by the Senate Committee on Rules.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
One member appointed by the Speaker of the Assembly.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The committee shall include a representative from the Legislative Analyst’s Office.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The representative from the Legislative Analyst’s Office shall be a nonvoting committee member.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The committee members shall meet all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Have academic, nonprofit, and other relevant backgrounds.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Lack financial conflicts of interest with entities subject to the regulation adopted by the state board pursuant to subdivision (c) of Section 38562.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding any other law, committee members shall be considered designated employees, as defined in Section 82019 of the Government Code, of the California Environmental Protection Agency for the
purposes of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)) of the Government Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The committee, at least annually, shall hold a public meeting and report to both the state board and the Joint Legislative Committee on Climate Change Policies on the environmental and economic performance of the regulation adopted by the state board pursuant to subdivision (c) of Section 38562 and other relevant climate policies.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The activities of the committee pursuant to this section shall not be subject to subdivision (b) of Section 11122.5 of the Government Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This
section shall remain in effect only until January 1, 2046, and as of that date is repealed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_91A22613-8A7C-4F0E-9BAF-EAD9032C964A">
<ns0:Num>SEC. 83.</ns0:Num>
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Section 40100.5.5 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C74F34ED-D344-478F-AE8B-58BB6022689B">
<ns0:Num>40100.5.5.</ns0:Num>
<ns0:LawSectionVersion id="id_6F1D1AE1-E7D6-4317-A5FF-6B4DF74D8FF2">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each member of a county district board shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of board duties.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The county district board shall not provide reimbursement for expenses pursuant to this subdivision to a member of the board if the member receives any reimbursement for the expenses covered by paragraph (1) by another entity.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to the reimbursement for expenses provided pursuant to subdivision (a), upon adoption of a resolution by a county district board at an open regular meeting, each member of the county district board shall receive compensation of up to two hundred
dollars ($200) per day while
attending meetings of the county district board or any committee of the county district board, or, upon authorization of the county district board, while engaged in the official business of the county district, but that compensation shall not exceed seven thousand two hundred dollars ($7,200) per board member in any one year.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The compensation of each member of the county district board may be increased beyond the amounts provided in paragraph (1) by the county district board at an open regular meeting, but the amount of the increase shall not exceed the greater of either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the compensation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Beginning January 1, 2026, an amount not to exceed 10 percent for each calendar year
that is equal to the annual change in inflation as determined by the California Consumer Price Index for the area where the
county district board is located.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The county district board shall not provide for automatic future increases in compensation for its members.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The county district board shall not provide compensation pursuant to this subdivision to a member of the board if the member receives any compensation specifically provided for activities described in paragraph (1) from another entity.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The reimbursement for expenses and compensation provided for in this section only applies to members of a county district board whose membership is determined pursuant to Section 40100.5.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each county district board that elects to provide compensation to its board pursuant to subdivision (b) shall submit
a report to the relevant committees of the Legislature within three years of the commencement of that compensation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The report shall include, but is not limited to, the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An assessment of whether providing the compensation changed the composition of the board membership and their backgrounds.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An assessment of whether providing compensation improved the engagement and ability of board members to carry out their responsibilities on matters pertaining to the county district.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_20D8C10F-5CA2-495B-A92B-B5AF7B50B01C">
<ns0:Num>SEC. 84.</ns0:Num>
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Section 41313 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_F2FF118F-74F6-45B5-A9CB-CBD610DD8FC6">
<ns0:Num>41313.</ns0:Num>
<ns0:LawSectionVersion id="id_0F7A0124-3076-47A1-B5BE-A7A5575977AA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each member of the Antelope Valley district board shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of board duties.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Antelope Valley district board shall not provide reimbursement for expenses pursuant to this subdivision to a member of the board if the member receives any reimbursement for the expenses covered by paragraph (1) by another entity.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to the reimbursement for expenses provided pursuant to subdivision (a), upon adoption of a resolution by the Antelope Valley district board at an open regular meeting, each member of the Antelope Valley district board shall receive
compensation of up to two hundred dollars ($200) per day
while attending meetings of the Antelope Valley district board or any committee of the Antelope Valley district board, or, upon authorization of the Antelope Valley district board, while engaged in the official business of the district, but that compensation shall not exceed seven thousand two hundred dollars ($7,200) per board member in any one year.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The compensation of each member of the Antelope Valley district board may be increased beyond the amounts provided in paragraph (1) by the Antelope Valley district board at an open regular meeting, but the amount of the increase shall not exceed the greater of either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the compensation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Beginning January
1, 2026, an amount not to exceed 10 percent for each calendar year that is equal to the annual change in inflation as determined by the California Consumer Price Index for the area where the Antelope Valley district board is located.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Antelope Valley district board shall not provide for automatic future increases in compensation for its members.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The Antelope Valley district board shall not provide compensation pursuant to this subdivision to a member of the board if the member receives any compensation specifically provided for activities described in paragraph (1) from another entity.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the Antelope Valley district board elects to provide compensation to its board pursuant to this section, it shall submit a report to the relevant committees of the Legislature within three
years of the commencement of that compensation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The report shall include, but is not limited to, the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An assessment of whether providing the compensation changed the composition of the board membership and their backgrounds.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An assessment of whether providing compensation improved the engagement and ability of board members to carry out their responsibilities on matters pertaining to the Antelope Valley district.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_4E77517C-AF3C-421F-BD12-6503A73DF60D">
<ns0:Num>SEC. 85.</ns0:Num>
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Section 44501 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_2C0E3FA9-6E6F-4FF1-B0E0-02A3924AEEB7">
<ns0:Num>44501.</ns0:Num>
<ns0:LawSectionVersion id="id_3B2D7E54-A3F7-46E5-A874-EF6029CD7C22">
<ns0:Content>
<html:p>The Legislature finds and declares all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
It is necessary and essential that the state, in cooperation with the federal government, use all practical means and measures to control, remediate, and eliminate pollution hazards to the environment, provide clean water, and enable alternative and renewable sources of energy. The industry within this state uses processes and
facilities that have significant environmental impact. These processes and facilities need to be modified and supplemented to meet the quality standards established, and to be established, for the control and remediation of environmental pollution. The industry needs and requires new methods to finance the capital outlays required for the devices, equipment, and facilities used for pollution control if they are to rapidly comply with the quality standards established by the state and federal governments, and if they are to rapidly remediate contaminated properties so that those properties can be reused for
economically beneficial purposes.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The disposal of waste products by methods such as incineration and landfill pollute the environment by degrading air and water quality. In order to reduce the environmental pollution that currently occurs in connection with the disposal of waste products, there is a need to develop new and alternative processes and facilities that provide for the disposal of those waste products in ways that prevent or reduce environmental degradation. Those new and alternative processes and facilities include those that recover resources and energy from waste products. In order to prevent further environmental degradation resulting from contamination caused by the release of waste products and hazardous materials, there is a need to encourage the remediation of that contamination of properties with the potential for economically beneficial reuse.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The
alternate method of financing provided in this division is in the public interest and serves a public purpose and will promote the health, welfare, and safety of the citizens of the state.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
California is expected to undergo tremendous population growth by the addition of millions of new jobs, new residents, and new households. This constitutes more rapid growth than California experienced during the 1950s, 1960s, and 1970s, combined. As a result of this unprecedented growth, the long-term environmental quality of the state depends, in part, on altering current growth patterns by adopting policies and programs that promote new forms of sustainable development and that will help reduce pollution and the degradation of the environment. A key element of sustainable development is infill development and the revitalization of existing communities. Sustainable development will result in the remediation of brownfields, reduce traffic and auto
pollution, and help preserve open spaces. Many communities in California do not have the resources or expertise to identify and compete for state, federal, or private assistance in order to develop and implement environmentally sensitive growth policies and programs for economically struggling neighborhoods. Assisting economically distressed counties and cities to develop and implement sustainable and environmentally sensitive growth policies and programs that increase the utilization of unproductive properties within existing communities will help reduce environmental hazards created by brownfields and traffic congestion, while aiding in the revitalization of economically struggling neighborhoods and the preservation of open space at the urban edges. The grant and loan program provided in this division is in the public interest, serves a public purpose, and will promote the health, welfare, and safety of the citizens of the state.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Real
property contaminated with hazardous substances is a continuing blight on communities. Estimates suggest there are between 67,000 and 119,000 contaminated sites, commonly referred to as “brownfields,” throughout the state. Located in existing communities, many of these sites are abandoned, idle, or underutilized due to a combination of factors, including legal liability concerns, regulatory issues, and the costs of pollution cleanup. Additionally, many of the undeveloped brownfields in the state are located within communities with depressed land values and pressing economic need, communities often characterized by a lack of capital investment. The remediation and development of brownfields is an important component of revitalizing existing communities and supporting sustainable growth patterns. While remediation and development activities should focus on brownfield sites that, although contaminated, have the potential for economically beneficial reuse, there currently exist few, if any, sources for financing
the assessment, planning, and reporting activities that are the necessary first steps toward determining whether a site has the potential for economically beneficial reuse.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The Capital Programs and Climate Financing Authority should work in conjunction with public and private sector entities, including, but not limited to, cities, counties, school districts, redevelopment agencies, and financial institutions, to assist in financing, through loans, the cost of performing or obtaining site assessments, remedial action plans technical assistance, and reports, and where it is determined that a site has the potential for economically beneficial reuse, the cleanup, remediation, or development of brownfield sites. The loan program provided by this division is in the public interest, serves a public purpose, and will promote the health, welfare, and safety of the citizens of the state.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_F7D52CFF-103B-4F2A-9C96-0BBA7E680DE7">
<ns0:Num>SEC. 86.</ns0:Num>
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Section 44515 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_2FA3DB60-4D8A-46E3-A8D6-1AEA8F4FEE99">
<ns0:Num>44515.</ns0:Num>
<ns0:LawSectionVersion id="id_27AE638B-9D28-4A76-BF86-CB3EC1D4C021">
<ns0:Content>
<html:p>There is in the state government the Capital Programs and Climate Financing Authority. The authority constitutes a public instrumentality and a political subdivision of the State of California, and the exercise by the authority of the powers conferred by this division shall be deemed and held to be the performance of an essential public function. The authority shall consist of three members: the Director of Finance, the State Treasurer, and the State Controller.</html:p>
<html:p>The Director of Finance may designate a deputy or other official in the Department of Finance to act for the director and represent
the director at all meetings of the authority.</html:p>
<html:p>The first meeting of the authority shall be convened by the Director of Finance.</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_1AC54DAC-6265-4813-BD5C-84DEBB7FAA04">
<ns0:Num>SEC. 87.</ns0:Num>
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Section 44559.14 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_17896998-4050-439D-9265-4168A5C0C455">
<ns0:Num>44559.14.</ns0:Num>
<ns0:LawSectionVersion id="id_D39CE501-6EA0-4556-9D8D-247DDA56860E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
It is the intent of the Legislature in enacting the act adding this section to create and fund a program to assist residential property owners and small business owners in seismically retrofitting residences and small businesses with a priority on soft-story buildings and unreinforced brick and concrete buildings. It is not the intent of the Legislature to assist the physical expansion of small businesses and residences.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Legislature hereby establishes the California Seismic Safety Capital Access Loan Program. The program shall cover losses on qualified loans by participating lenders to qualified residential property owners or qualified small businesses for eligible projects, as specified under this section. The program shall
be administered by the Capital Programs and Climate Financing Authority and follow the terms and conditions for the Capital Access Loan Program in this article with the additional program requirements specified under this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, unless the context requires otherwise, the following words and terms shall have the following meanings:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Seismic retrofit construction” means alteration performed on or after January 1, 2017, of a qualified building or its components to substantially mitigate seismic damage. “Seismic retrofit construction” includes, but is not limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Anchoring the structure to the foundation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Bracing cripple walls.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Bracing hot water heaters.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Installing automatic gas shutoff valves.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Repairing or reinforcing the foundation to improve the integrity of the foundation against seismic damage.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Anchoring fuel storage.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Installing an earthquake-resistant bracing system for mobilehomes that are registered with the Department of Housing and Community Development.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Strengthening a building’s lateral load resisting system.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Eligible costs” means the costs paid or incurred on or after January 1, 2017, for an eligible project, including any engineering or
architectural design work necessary to permit or complete the eligible project less the amount of any grant provided by a public entity for the eligible project. “Eligible costs” do not include costs paid or incurred for any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Maintenance, including abatement of deferred or inadequate maintenance, and correction of violations unrelated to the seismic retrofit construction.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Repair, including repair of earthquake damage.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Seismic retrofit construction required by local building codes as a result of addition, repair, building relocation, or change of use or occupancy.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Other work or improvement required by local building or planning codes as a result of the intended seismic retrofit construction.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Rent reductions or other associated compensation, compliance actions, or other related coordination involving the qualified residential property owner or qualified small business and any other party, including a tenant, insurer, or lender.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Replacement of existing building components, including equipment, except as needed to complete the seismic retrofit construction.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Bracing or securing nonpermanent building contents.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The offset of costs, reimbursements, or other costs transferred from the qualified residential property owner or qualified small business to others.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Eligible project” means seismic retrofit construction that is necessary to ensure that the qualified building
is capable of substantially mitigating seismic damage, and the financing necessary to pay eligible costs of the project.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Qualified building” means a residential or commercial building that is identified by the local building code official for the jurisdiction in which the building is located as a building in need of seismic retrofitting and is either a building of a type that is potentially vulnerable in the event of a catastrophic earthquake or a building constructed before 1981.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“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 two hundred fifty thousand dollars ($250,000).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Qualified small business” means a business referred to in subdivisions (i) and (m) of Section 44559.1 that owns a qualified building regardless of owner occupancy, notwithstanding the restriction on passive real estate ownership in subparagraph (B) of paragraph (2) of subdivision (j) of Section 44559.1.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Qualified residential property owner” means either an owner of a residential building that is a qualified building or a qualified small business that owns one or more residential buildings, including a multiunit housing building, that is a qualified building, notwithstanding the restriction on passive real estate ownership in subparagraph (B) of paragraph (2) of subdivision (j) of Section 44559.1.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The California Seismic Safety Capital Access Loan Program Fund is established in the State Treasury and shall be administered by the
authority pursuant to Sections 44548 and 44549 for this program. For purposes of this section, the references in Sections 44548 and 44549 to “small business” shall include “qualified residential property owner,” as defined in this section. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the authority for carrying out 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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
All moneys in the fund derived from any source shall be held in trust for the life of this program, for program expenditures and costs of administering this section, as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Program expenditures shall include both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Contributions
paid by the authority in support of qualified loans.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Costs for a qualified expert to validate that the proceeds of the loans are eligible costs, as defined under this section.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Reasonable costs to educate the small business community, residential property owners, and participating lenders about the program, including travel within the state.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Personnel costs.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Service and vending contracts, other than program expenditures described in subparagraph (A), that are necessary to carry out the program.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Other reasonable direct and indirect administrative costs.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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 Title 2 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 Title 2 of the Government Code, excepting the Surplus Money Investment Fund.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The authority shall adopt regulations pursuant to Section 44520 to implement the program, including, but not limited to, provisions to:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Establish a new loss reserve account for each participating lender enrolling loans in this program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Obtain a certification from each participating lender and qualified small business or qualified residential property owner upon enrollment of a qualified loan that the proceeds of the loan will be used for the eligible costs of an eligible project.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Contribute an additional
incentive from the fund for each loan enrolled for a qualified small business or qualified residential property owner located in a severely affected community.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Restrict the enrollment of a qualified loan in any other Capital Access Loan Program for a qualified small business or qualified residential property owner offered by the authority as long as funds are available for this program.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Limit the term of loss coverage for each qualified loan to no more than 10 years.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Recapture from the loss reserve account the authority’s contribution for each enrolled loan upon the maturation of that loan or after 10 years from the date of enrollment, whichever happens first, to be deposited in the fund and applied to future program and administrative expenditures.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The authority may adopt regulations relating to residential property owner or small business financing as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of Chapter 3.5, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. The regulations shall be repealed 180 days after their effective date, unless the adopting authority or agency complies with Chapter 3.5.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6A48F26C-B3BF-49EA-A4CF-63F53C7F5CC1">
<ns0:Num>SEC. 88.</ns0:Num>
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Section 50406.4 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3280DA99-20E5-4CDE-BE05-C84762B3B121">
<ns0:Num>50406.4.</ns0:Num>
<ns0:LawSectionVersion id="id_5180F94A-1AF8-4BA4-9A2E-31C44A188A19">
<ns0:Content>
<html:p>Notwithstanding any other law, and to the extent permitted under federal law and the California Constitution, the department shall allow an owner of a property subject to a regulatory agreement with the department to take out additional debt on the development to finance, with the department’s approval, rehabilitation of the property or investment in new affordable housing, if all of the following conditions are met:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
All hard debt, including the additional debt, is underwritten with a debt-service coverage ratio of at a minimum 1.15 and is demonstrated to project positive cash flow for 15 consecutive years.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the purposes of this subdivision, “hard debt” means debt that must be repaid
via an amortizing payment or at a specified maturity date.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Any new debt is subordinate to the department’s lien and regulatory agreement, as applicable, unless the department reasonably determines that subordination of the department’s lien is necessary for the feasibility of a project and to fund reasonable rehabilitation or improvements, including soft costs.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Any extracted equity is any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
With the department’s approval, contributed to other projects that will increase or improve the supply of deed-restricted affordable housing serving low-income households in the state.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Utilized in the purchase of a limited partner interest of a tax credit investor in the project, provided that the amount used
to purchase that interest shall be subject to the guidelines adopted pursuant to subdivision (h) of Section 50560.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Utilized in the payment of any unpaid deferred developer fee for the project pursuant to any applicable department regulations.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Applied toward payment for necessary repairs and rehabilitation of the project.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Utilized for the establishment or replenishment of department-approved project reserves.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Utilized for reimbursement of borrower advances for predevelopment costs, unreimbursed capital improvements, and unreimbursed operating deficits.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Utilized for
any other purposes approved by the department.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the purposes of this subdivision, “extracted equity” means distributed funds that are financed with debt that is secured by a department-regulated property and is not used for any of the following purposes:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Approved project rehabilitation work.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
To pay off existing debt.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Replenishment of reserves.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Other department-approved project specific uses.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department’s regulatory agreement remains in place for the project for its remaining term. If equity is extracted for purposes of paragraph (1) of subdivision (c), the department’s regulatory agreement will
be recorded in a senior position.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department continues to be entitled to receive monitoring fees to ensure compliance with the existing regulatory agreement.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_BC36CD60-E7E2-48C4-A4F0-F23B1AC0A16D">
<ns0:Num>SEC. 89.</ns0:Num>
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Section 50410 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_5B3107DD-AF5E-4B6D-8590-2033D5667C32">
<ns0:Num>50410.</ns0:Num>
<ns0:LawSectionVersion id="id_ABC555DA-E7D8-4764-95BE-180957DCFC95">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
There is hereby established in the State Treasury the Affordable Housing Default Reserve Account. All interest or other increments resulting from the investment of moneys in the Affordable Housing Default Reserve Account shall be deposited in the account, notwithstanding Section 16305.7 of the Government Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding Section 13340 of the Government Code, all moneys in the account are continuously appropriated to the department for the purpose of curing or averting a default on the terms of any loan or other obligation by the recipient of financial assistance, or bidding at any foreclosure sale where the default or foreclosure sale would jeopardize the department’s security in the rental housing development assisted by the department.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department may use funds in the account to repair or maintain any rental housing development assisted by the department that was acquired to protect the department’s security interest.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The payment or advance of funds by the department from the account shall be exclusively within the department’s discretion, and no person shall be deemed to have any entitlement to the payment or advance of those funds.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The amount of any funds expended by the department for the purposes of curing or averting a default shall be added to the loan amount secured by the rental housing development and shall be payable to the department upon demand.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding any other law, the Department of Finance may transfer to the Affordable Housing Default Reserve
Account, for expenditure by the department, the amounts in all of the following funds or programs:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The Joe Serna, Jr. Farmworker Housing Grant Fund, pursuant to Section 50517.6.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Multifamily Housing Program, pursuant to subdivision (a) of Section 50675.10.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Housing Rehabilitation Loan Fund, pursuant to subparagraph (C) of paragraph (5) of subdivision (b) of Section 50668.5, subdivision (c) of Section 53566, subdivision (c) of Section 987.010 of the Military and Veterans Code, and subdivisions (c) and (f) of Section 75218 of the Public Resources Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The Transit-Oriented Development Implementation Fund, pursuant to subdivision (f) of Section
53566.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The Housing for Veterans Fund, pursuant to subdivision (f) of Section 987.010 of the Military and Veterans Code.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The No Place Like Home Fund, pursuant to paragraph (1) of subdivision (f) of Section 5849.8 of the Welfare and Institutions Code.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The Family Housing Demonstration Account and the Rental Housing Construction Fund, pursuant to subdivision (b) of Section 50883.5.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Notwithstanding Section 10231.5 of the Government Code, during any fiscal year, if the department spends a total of more than 25 percent of the balance that was in the Affordable Housing Default Reserve Account at the start of that fiscal year, then the department shall, within 30 days of surpassing that amount, provide written notice to the Joint Legislative
Budget Committee. The notice shall include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The starting balance in the Affordable Housing Default Reserve Account for that fiscal year.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A list of each expenditure made during that fiscal year and the total amount spent.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The purpose of each expenditure made during that fiscal year.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The balance in the Affordable Housing Default Reserve Account as of the date of the notice.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The department’s assessment of the risk of additional defaults for the remainder of that fiscal year and the following fiscal year.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_7BCA57E3-0822-403E-A9CD-C88913A85484">
<ns0:Num>SEC. 90.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'31.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'12.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'53545.14.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 53545.14 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_CD08143D-35A6-4655-8A2C-29BEC97A7FEC">
<ns0:Num>53545.14.</ns0:Num>
<ns0:LawSectionVersion id="id_B05AEEAF-0009-4DB8-8F71-71C7B75BA28A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Upon appropriation of funds by the Legislature for purposes of implementing paragraph (2) of subdivision (b) of Section 53545, the Capital Programs and Climate Financing Authority, in consultation with the Department of Housing and Community Development, shall administer loans or grants under the California Recycle Underutilized Sites (CALReUSE) program established under Article 9 (commencing with Section 8090) of Division 11 of Title 4 of the California Code of Regulations, for the purpose of brownfield cleanup that promotes infill residential and mixed-used development, consistent with regional and local land use plans.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For each fiscal year covering the duration of the program, the authority shall include within its report to the Legislature, pursuant
to Section 44525.7, information on its activities relating to the program. At a minimum, the report shall include a summary of the projects that receive loans or grants pursuant to this section for each fiscal year loans or grants are awarded. The report shall include the description, location, and estimation of completion for each recipient project. The report shall also include an update on the status of each project and the number of infill housing units facilitated by the program.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A1FF1B69-ED8B-44B3-A810-9674082303B4">
<ns0:Num>SEC. 91.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'103.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'104660.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 104660 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_205FAA47-6558-425E-B66C-257C29CA232E">
<ns0:Num>104660.</ns0:Num>
<ns0:LawSectionVersion id="id_70537A22-AAB5-4FDA-A8AF-EBF1CF3CA9E0">
<ns0:Content>
<html:p>The purpose of this article is to facilitate and support the creation of health promoting eating environments in California. For purposes of this article, the following definitions apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Category of food” means the following groups of food:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Fruits.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Vegetables.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Grains.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Cereals.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Beans, peas, and lentils.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Nuts, seeds, and soy products.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Beverages.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Dairy.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Seafood.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Poultry.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Meat.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
Eggs.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
Condiments.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
Fats and oils.
</html:p>
<html:p>
(O)
<html:span class="EnSpace"/>
Herbs and spices.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department, by rule, may expand, clarify, or subdivide the groups of food enumerated in paragraph (1).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Department” means the State Department of Public Health.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Food” means all food and beverages intended for sale or to be served to school pupils on campus during the schoolday.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Food product” means a finished product of food or beverage with a unique universal product code (UPC), other than food products reimbursed under programs authorized by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Child Nutrition Act of 1966 (42 U.S.C. Sec. 1771 et seq.), and foods provided by the United States Department of Agriculture (USDA) Foods in Schools program.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Health promoting eating environments” means, in places where foods and beverages are served or sold, there are healthy, good quality, culturally appropriate, and
affordable options.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Local educational agency” means a school district, county office of education, or charter school.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Public entity” means the state, county, city, city and county, district, public authority, public agency, municipal corporation, or any other political subdivision or public corporation in the state.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“School” means a high school, middle school, or elementary school, as those terms are defined in Section 49430 of the Education Code, or any public entity that purchases a food product to provide to pupils on campus during the schoolday in an elementary, middle, or high school.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Schoolday” has the same meaning as in Section 49430 of the Education Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_07EAA24C-D4B4-4C8E-BC8E-16FA83A0B812">
<ns0:Num>SEC. 92.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'103.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'104661.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 104661 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_145B338D-9B6C-41E5-97F4-95C43E75440D">
<ns0:Num>104661.</ns0:Num>
<ns0:LawSectionVersion id="id_BA0EA174-A2FA-4C30-BA48-269CE218A3A7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this article, except as provided in subdivision (b), “ultraprocessed food” or “UPF” means any food or beverage that contains a substance described in paragraph (2) and either high amounts of saturated fat, sodium, or added sugar, as described in subparagraph (A) of paragraph (3), or a nonnutritive sweetener or other substance described in subparagraph (B) of paragraph (3).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as specified in subparagraph (B), substances available in the United States Food and Drug Administration (FDA) Substances Added to Food database that are designated as having any of the following FDA-defined technical effects:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Surface-active
agents, as defined in Section 170.3(o)(29) of Title 21 of the Code of Federal Regulations.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Stabilizers and thickeners, as defined in Section 170.3(o)(28) of Title 21 of the Code of Federal Regulations.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Propellants, aerating agents, and gases, as defined in Section 170.3(o)(25) of Title 21 of the Code of Federal Regulations.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Colors and coloring adjuncts, as defined in Section 170.3(o)(4) of Title 21 of the Code of Federal Regulations.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Emulsifiers and emulsifier salts, as defined in Section 170.3(o)(8) of Title 21 of the Code of Federal Regulations.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
Flavoring agents and adjuvants, as defined in Section 170.3(o)(12) of Title 21 of the Code of Federal Regulations,
excluding spices and other natural seasonings and flavorings as listed in Section 182.10 of Title 21 of the Code of Federal Regulations.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
Flavor enhancers, as defined in Section 170.3(o)(11) of Title 21 of the Code of Federal Regulations, excluding spices and other natural seasonings and flavorings as listed in Section 182.10 of Title 21 of the Code of Federal Regulations.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
Nonnutritive sweeteners, as defined in Section 170.3(o)(19) of Title 21 of the Code of Federal Regulations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Any of the following additives, or combination of these additives, shall not by themselves cause a food or beverage to be categorized as a UPF.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Salt or sodium chloride.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Spices or other
natural seasonings or flavorings, as listed in Section 182.10 of Title 21 of the Code of Federal Regulations.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Natural color additives, as listed in Part 73 of Title 21 of the Code of Federal Regulations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
High amounts of saturated fat, sodium, or added sugar, as defined respectively as follows:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The food or beverage contains 10 percent or greater of total energy from saturated fat.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The food or beverage contains a ratio of milligrams of sodium to calories that is equal to or greater than 1:1.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The food or beverage contains 10 percent or greater of total energy from added sugars.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Nonnutritive sweeteners, as defined in Section 170.3(o)(19) of Title 21 of the Code of Federal Regulations, or any of the following substances:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
D-sorbitol (CAS 50-70-4).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Erythritol (CAS 149-32-6).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Hydrogenated starch hydrolysates, including, but not limited to, CAS 68425-17-2.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Sucralose (CAS 56038-13-2).
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Isomalt, including, but not limited to, CAS 64519-82-0, CAS 534-73-6, and CAS 20942-99-8.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
Lactitol (CAS 585-86-4).
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
Luo Han Fruit Concentrate (CAS 977188-77-4).
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
Maltitol (CAS 585-88-6).
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
Steviol glycosides, including, but not limited to, CAS 58543-16-1, CAS 57817-89-7, CAS 1220616-44-3, CAS 58543-16-1, and CAS 1220616-34-1.
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
Thaumatin, including, but not limited to, CAS 977178-03-2 and CAS 53850-34-3.
</html:p>
<html:p>
(xi)
<html:span class="EnSpace"/>
Xylitol (CAS 87-99-0).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Ultraprocessed food” or “UPF” does not include any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Commodity food specifically made available by the United States Department of Agriculture.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A raw agricultural commodity as defined in Section 110020.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An unprocessed locally grown or locally raised agricultural product as defined in paragraph (2) of subdivision (g) of Section 210.21 of Title 7 of the Code of Federal Regulations.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Minimally processed prepared food as defined in paragraph (4) of subdivision (a) of Section 49015 of the Food and Agricultural Code, which may include foods in a variety of forms, including, but not limited to, whole, cut, sliced, diced, canned, pureed, dried, and pasteurized.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Class 1 milk as defined in Section 61932 of the Food and Agricultural Code.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Alcoholic beverages as defined in Section 23004 of the Business and Professions Code.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Medical foods, as defined in Section 101.9(j)(8) of Title 21 of the Code of Federal Regulations, only if
exempted by the department by regulation.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Infant formula, as defined in Section 107 of Title 21 of the Code of Federal Regulations, only if exempted by the department by regulation.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_422EF942-E661-4DE3-AE53-9178537B4AD5">
<ns0:Num>SEC. 93.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'104.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'14.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'108980.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 108980 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3FAE03CD-356C-458E-8216-70CBDB67E381">
<ns0:Num>108980.</ns0:Num>
<ns0:LawSectionVersion id="id_8F6EA392-8DBF-470C-8A25-B9B4DCB9BCBB">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Commencing January 1, 2025, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic product that contains any of the following intentionally added ingredients:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Dibutyl phthalate (CAS no. 84-74-2).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Diethylhexyl phthalate (CAS no. 117-81-7).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Formaldehyde (CAS no. 50-00-0).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Paraformaldehyde (CAS no. 30525-89-4).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Methylene glycol (CAS no. 463-57-0).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Quaternium-15 (CAS no.
51229-78-8).
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Mercury (CAS no. 7439-97-6).
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Isobutylparaben (CAS no. 4247-02-3).
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Isopropylparaben (CAS no. 4191-73-5).
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
m-Phenylenediamine and its salts (CAS no. 108-45-2).
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
o-Phenylenediamine and its salts (CAS no. 95-54-5).
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
The following per- and polyfluoroalkyl substances (PFAS) and their salts:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Perfluorooctane sulfonate (PFOS); heptadecafluorooctane-1-sulfonic acid (CAS no. 1763-23-1).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Potassium perfluorooctanesulfonate; potassium heptadecafluorooctane-1-sulfonate
(CAS no. 2795-39-3).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Diethanolamine perfluorooctane sulfonate (CAS no. 70225-14-8).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Ammonium perfluorooctane sulfonate; ammonium heptadecafluorooctanesulfonate (CAS no. 29081-56-9).
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Lithium perfluorooctane sulfonate; lithium heptadecafluorooctanesulfonate (CAS no. 29457-72-5).
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Perfluorooctanoic acid (PFOA)(CAS no. 335-67-1).
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Ammonium
pentadecafluorooctanoate (CAS no. 3825-26-1).
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Nonadecafluorodecanoic acid (CAS no. 355-76-2).
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Ammonium nonadecafluorodecanoate (CAS no. 3108-42-7).
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Sodium nonadecafluorodecanoate (CAS no. 3830-45-3).
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Perfluorononanoic acid (PFNA)(CAS no. 375-95-1).
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
Sodium heptadecafluorononanoate (CAS no. 21049-39-8).
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
Ammonium perfluorononanoate (CAS no. 4149-60-4).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Except as provided in paragraph (2) of subdivision (f), commencing January 1, 2027, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce any cosmetic
product that contains any of the following intentionally added ingredients:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Lily aldehyde (CAS no. 80-54-6).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Acetaldehyde (CAS no. 75-07-0).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Cyclohexylamine (CAS no. 108-91-8).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Cyclotetrasiloxane (CAS no. 556-67-2).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Phytonadione (CAS no. 84-80-0).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Sodium perborate (CAS no. 15120-21-5).
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Styrene (CAS no. 100-42-5).
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Trichloroacetic acid (CAS no. 76-03-9).
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Tricresyl phosphate (CAS no. 1330-78-5).
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Vinyl acetate (CAS no. 108-05-4).
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
2-Chloracetamide (CAS no. 79-07-2).
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Allyl isothiocyanate (CAS no. 57-06-7).
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Anthraquinone (CAS no. 84-65-1).
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Malachite green (CAS no. 569-64-2).
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Oil from the seeds of Laurus nobilis L. (CAS no. 84603-73-6).
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
Pyrogallol (CAS no. 87-66-1).
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
C.I. disperse blue 1 (CAS no. 2475-45-8).
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
Trisodium nitrilotriacetate (CAS no. 5064-31-3).
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
The following boron substances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Perboric acids:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Sodium salt (CAS no. 11138-47-9).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Sodium salt, monohydrate (CAS no. 12040-72-1).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Sodium perborate monohydrate (CAS no. 10332-33-9).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Boric acid (CAS nos. 10043-35-3 and 11113-50-1).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Borates, tetraborates, octaborates, and boric acid salts and esters, including all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Disodium octaborate anhydrous (CAS no. 12008-41-2).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Disodium
octaborate tetrahydrate (CAS no. 12280-03-4).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
2-Aminoethanol, monoester with boric acid (CAS no. 10377-81-8).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
2-Hydroxypropyl ammonium dihydrogen orthoborate (CAS no. 68003-13-4).
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Potassium borate, boric acid potassium salt (CAS no. 12712-38-8).
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
Trioctyldodecyl borate.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
Zinc borate (CAS no. 1332-07-6).
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
Sodium borate, disodium tetraborate anhydrous; boric acid, sodium salt (CAS no. 1330-43-4).
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
Tetraboron disodium heptaoxide, hydrate (CAS no. 12267-73-1).
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
Orthoboric acid, sodium salt (CAS no. 13840-56-7).
</html:p>
<html:p>
(xi)
<html:span class="EnSpace"/>
Disodium tetraborate decahydrate; borax decahydrate (CAS no. 1303-96-4).
</html:p>
<html:p>
(xii)
<html:span class="EnSpace"/>
Disodium tetraborate pentahydrate; borax pentahydrate (CAS no. 12179-04-3).
</html:p>
<html:p>
(20)
<html:span class="EnSpace"/>
C.I. disperse blue 3 (CAS no. 2475-46-9).
</html:p>
<html:p>
(21)
<html:span class="EnSpace"/>
Basic green 1 (CAS no. 633-03-4).
</html:p>
<html:p>
(22)
<html:span class="EnSpace"/>
Basic blue 7 (CAS no. 2390-60-5).
</html:p>
<html:p>
(23)
<html:span class="EnSpace"/>
3(or5)-((4-(benzylmethylamino)phenyl)azo)-1,2 -(or1,4)-dimethyl-1H-1,2,4-triazolium and its salts (CAS nos. 89959-98-8 and 12221-69-1).
</html:p>
<html:p>
(24)
<html:span class="EnSpace"/>
Basic violet 4 (CAS no. 2390-59-2).
</html:p>
<html:p>
(25)
<html:span class="EnSpace"/>
Basic blue 3 (CAS no. 33203-82-6).
</html:p>
<html:p>
(26)
<html:span class="EnSpace"/>
Basic blue 9 (CAS no. 61-73-4).
</html:p>
<html:p>
(27)
<html:span class="EnSpace"/>
Musk ambrette (CAS no. 83-66-9).
</html:p>
<html:p>
(28)
<html:span class="EnSpace"/>
Musk tibetene (CAS no.145-39-1).
</html:p>
<html:p>
(29)
<html:span class="EnSpace"/>
Musk moskene (CAS no. 116-66-5).
</html:p>
<html:p>
(30)
<html:span class="EnSpace"/>
Musk xylene (CAS no. 81-15-2).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Commencing January 1, 2027, a person or entity shall not manufacture, sell, deliver, hold, or offer for sale in commerce a cosmetic product that contains more than 1.4 percent in fine fragrance products, 0.56 percent in eau de toilette, 0 percent in oral products, and 0.042 percent in all other products of musk
ketone (CAS no. 81-14-1).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Oral products” means a cosmetic product that is intended to be applied on teeth or the mucous membranes of the oral cavity.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If a cosmetic product made through manufacturing processes intended to comply with this chapter contains a technically unavoidable trace quantity of an ingredient listed in subdivision (a) or (b) and that trace quantity stems from impurities of natural or synthetic ingredients, the manufacturing process, storage, or migration from packaging, that trace quantity shall not cause the cosmetic product to be in violation of this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of this section, “ingredient” has the same meaning as defined in Section 111791.5.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Commencing January 1, 2027, a person
or entity that manufactures, sells, delivers, holds, or offers for sale in commerce a vaginal suppository product containing intentionally added boric acid (CAS nos. 10043-35-3 and 11113-50-1) shall include on the product label the following statement: “WARNING: IT IS RECOMMENDED TO CONSULT WITH A DOCTOR BEFORE USE, particularly if you have sensitivity in your lower pelvis or abdomen, a sexually transmitted disease (STD), pelvic inflammatory disease (PID), vaginal bleeding, sores, ulcerations, nausea, fever, or chills. Do not use on broken or irritated skin. Stop use and contact a doctor if symptoms persist or worsen, or if you experience irritation, burning, bleeding, or cramping. NOT FOR ORAL CONSUMPTION. FOR VAGINAL USE ONLY. DO NOT USE IF PREGNANT, TRYING TO CONCEIVE, OR NURSING. IF YOU BECOME PREGNANT WHILE USING THIS PRODUCT, DISCONTINUE USE IMMEDIATELY. If swallowed, get medical help or contact Poison Control Center immediately. Some boric acid suppository products may break down a condom—ensure
product has completely dissolved before having sex.”
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Commencing January 1, 2035, no person or entity shall manufacture, sell, deliver, hold, or offer for sale in commerce a vaginal suppository product that contains intentionally added boric acid (CAS nos. 10043-35-3 and 11113-50-1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Paragraphs (1) and (2) shall not apply to a vaginal suppository product containing intentionally added boric acid (CAS nos. 10043-35-3 and 11113-50-1) if the product becomes regulated as a drug by the United States Food and Drug Administration.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_2B097CE7-9A57-4D56-A9D0-F76D1B5F7CDB">
<ns0:Num>SEC. 94.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:INS:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.85.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'937.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 937 of the
<ns0:DocName>Insurance Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_8535E152-8D93-4A93-87C4-540F6FCFE560">
<ns0:Num>937.</ns0:Num>
<ns0:LawSectionVersion id="id_389BBEBD-BB62-4E0F-B86C-5727187099A4">
<ns0:Content>
<html:p>The Legislature finds and declares all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Since 2006, the state of California has funded and undertaken four comprehensive climate change assessments designed to assess the impacts and risks from climate change. The most recent, California’s Fourth Climate Change Assessment, identified that if greenhouse gas emissions continue to increase, the frequency of extreme wildfires will increase.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Department of Insurance’s review of the multistate Climate Risk Disclosure Survey in 2023 showed that insurance companies commonly identified that the purchase of reinsurance is a primary strategy for addressing increased risks from catastrophic events such as wildfires and the use of catastrophe modeling is a
prominent risk assessment tool.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
It is in the state’s interest to expand insurance options for consumers in wildfire-distressed areas of California.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
It is in the state’s interest to understand the trends in the insurance markets and the reinsurance strategies and models used by insurance companies, not only to expand the writing of insurance policies, but to understand the systemic risk to the solvency of insurance companies that write policies in wildfire-distressed areas.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Regularly updated information will support the ability of the department to further understand the California residential and commercial property insurance market by providing point-in-time information so the department can evaluate reinsurance trends across the market.
The regularly updated information may include, but is not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The overview of a reinsurance program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The catastrophe program in place.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The type of risk covered.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The California-specific information.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Year-over-year changes.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Regularly updated data will allow the department to better analyze market trends and scenarios, which in turn will result in better, more informed communication to California consumers.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_0DDD33E6-6B56-491E-9679-75829E79897D">
<ns0:Num>SEC. 95.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:INS:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'10123.1933.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 10123.1933 of the
<ns0:DocName>Insurance Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_968D3A50-5689-4C85-9358-CA3395664789">
<ns0:Num>10123.1933.</ns0:Num>
<ns0:LawSectionVersion id="id_F86CB91A-4C7B-4B38-8012-DF79C604D003">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding Section 10123.201, a health insurer shall not subject antiretroviral drugs that are medically necessary for the prevention of AIDS/HIV, including preexposure prophylaxis or postexposure prophylaxis, to prior authorization or step therapy, except as provided in paragraph (2).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the United States Food and Drug Administration has approved one or more therapeutic equivalents of a drug, device, or product for the prevention of AIDS/HIV, this section does not require a health insurer to cover all of the therapeutically equivalent versions without prior authorization or step therapy, if at least one therapeutically equivalent version is covered without prior authorization or step therapy.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding any other law, a health insurer shall not prohibit, or permit a contracted pharmacy benefit manager to prohibit, a pharmacist from dispensing preexposure prophylaxis or postexposure prophylaxis.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A health insurer shall cover preexposure prophylaxis and postexposure prophylaxis that has been furnished by a pharmacist, as authorized in Section 4052 of the Business and Professions Code, including the pharmacist’s services and related testing ordered by the pharmacist. A health insurer shall pay or reimburse, consistent with the requirements of this chapter, for the service performed by a pharmacist at an in-network pharmacy or a pharmacist at an
out-of-network pharmacy if the health insurer has an out-of-network pharmacy benefit.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5A50AB1D-4611-49F3-B910-7DD5D728A6B7">
<ns0:Num>SEC. 96.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:INS:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'10123.196.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 10123.196 of the
<ns0:DocName>Insurance Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_6F6DA11E-4768-4714-AAE0-AEA50660BF4E">
<ns0:Num>10123.196.</ns0:Num>
<ns0:LawSectionVersion id="id_03A4C702-8ADF-4C02-8A35-9C087F510BE4">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
An individual or group policy of disability insurance issued, amended, renewed, or delivered on or after January 1, 2000, through December 31, 2015, inclusive, that provides coverage for hospital, medical, or surgical expenses, shall provide coverage for the following, under the same terms and conditions as applicable to all benefits:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A disability insurance policy that provides coverage for outpatient prescription drug benefits shall include coverage for a variety of federal Food and Drug Administration (FDA)-approved prescription contraceptive methods, as designated by the insurer. If an insured’s health care provider determines that none of the methods designated by the disability insurer is medically appropriate for the insured’s medical or personal
history, the insurer shall, in the alternative, provide coverage for some other FDA-approved prescription contraceptive method prescribed by the patient’s health care provider.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Coverage with respect to an insured under this subdivision shall be identical for an insured’s covered spouse and covered nonspouse dependents.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A group or individual policy of disability insurance, except for a specialized health insurance policy, that is issued, amended, renewed, or delivered on or after January 1, 2016, shall provide coverage for all of the following services and contraceptive methods for all policyholders and insureds:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Except as provided in clause (ii) and in subparagraphs (B) and (C) of paragraph (2), all FDA-approved, contraceptive drugs, devices, and other
products, including all FDA-approved, contraceptive drugs, devices, and products available over the counter, as prescribed by the insured’s provider.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For any policy described in paragraph (1) that is issued, amended, renewed, or delivered on or after January 1, 2024, both of the following conditions shall apply:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A prescription shall not be required to trigger coverage of over-the-counter FDA-approved contraceptive drugs, devices, and products.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Point-of-sale coverage for over-the-counter FDA-approved contraceptive drugs, devices, and products shall be provided at in-network pharmacies without cost sharing or medical management restrictions.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Voluntary tubal ligation and other similar sterilization procedures.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Clinical services related to the provision or use of contraception, including consultations, examinations, procedures, device insertion, ultrasound, anesthesia, patient education, referrals, and counseling.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Followup services related to the drugs, devices, products, and procedures covered under this subdivision, including, but not limited to, management of side effects, counseling for continued adherence, and device removal.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except for a grandfathered health plan, a disability insurer subject to this subdivision shall not impose a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided pursuant to this subdivision.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the FDA has approved one or more therapeutic
equivalents, as that term is defined by the FDA, of a contraceptive drug, device, or product, a disability insurer is not required to cover all of those therapeutically equivalent versions in accordance with this subdivision, as long as at least one is covered without cost sharing in accordance with this subdivision. If there is no therapeutically equivalent generic substitute available in the market, an insurer shall provide coverage without cost sharing for the original, brand name contraceptive.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If a covered therapeutic equivalent of a drug, device, or product is deemed medically inadvisable by the insured’s provider, a disability insurer shall defer to the determination and judgment of the provider and provide coverage for the alternative prescribed contraceptive drug, device, product, or service without imposing any cost-sharing requirements. Medical inadvisability may include considerations such as severity of side effects,
differences in permanence or reversibility of contraceptives, and ability to adhere to the appropriate use of the drug or item, as determined by the provider. The department may promulgate regulations establishing an easily accessible, transparent, and sufficiently expedient process that is not unduly burdensome, including timeframes, for an insured, an insured’s designee, or an insured’s provider to request coverage of an alternative prescribed contraceptive. A request for coverage under this subparagraph that is submitted by an insured, an insured’s designee, or a provider shall be approved by the disability insurer in compliance with the time limits in Section 10123.191.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Except as otherwise authorized under this section, an insurer shall not infringe upon an insured’s choice of contraceptive drug, device, or product and shall not impose any restrictions or delays on the coverage required under this subdivision, including prior
authorization, step therapy, or other utilization control techniques.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Coverage with respect to an insured under this subdivision shall be identical for an insured’s covered spouse and covered nonspouse dependents.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall not be construed to deny or restrict in any way any existing right or benefit provided under law or by contract.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section shall not be construed to require an individual or group disability insurance policy to cover experimental or investigational treatments.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this section, a religious employer may request a disability insurance policy without coverage for contraceptive methods that are contrary to the religious employer’s religious tenets.
If so requested, a disability insurance policy shall be provided without coverage for contraceptive methods. The exclusion from coverage under this provision shall not apply to a contraceptive drug, device, procedure, or other product that is used for purposes other than contraception.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this section, a “religious employer” is an entity for which each of the following is true:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The inculcation of religious values is the purpose of the entity.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The entity primarily employs persons who share the religious tenets of the entity.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The entity serves primarily persons who share the religious tenets of the entity.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The entity is a nonprofit organization pursuant to
Section 6033(a)(3)(A)(i) or (iii) of the Internal Revenue Code of 1986, as amended.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A group or individual policy of disability insurance, except for a specialized health insurance policy, that is issued, amended, renewed, or delivered on or after January 1, 2017, shall cover up to a 12-month supply of FDA-approved, self-administered hormonal contraceptives when dispensed or furnished at one time for an insured by a provider, pharmacist, or at a location licensed or otherwise authorized to dispense drugs or supplies.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision shall not be construed to require a policy to cover contraceptives provided by an out-of-network provider, pharmacy, or location licensed or otherwise authorized to dispense drugs or supplies, except as may be otherwise authorized by state or federal law or by the insurer’s policies governing out-of-network
coverage.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision shall not be construed to require a provider to prescribe, furnish, or dispense 12 months of self-administered hormonal contraceptives at one time.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
An insurer subject to this subdivision shall not impose utilization controls or other forms of medical management limiting the supply of FDA-approved, self-administered hormonal contraceptives that may be dispensed or furnished by a provider or pharmacist, or at a location licensed or otherwise authorized to dispense drugs or supplies to an amount that is less than a 12-month supply, and shall not require an insured to make any formal request for such coverage other than a pharmacy claim.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall not be construed to exclude coverage for contraceptive supplies as prescribed by a provider, acting within the provider’s scope
of practice, for reasons other than contraceptive purposes, such as decreasing the risk of ovarian cancer or eliminating symptoms of menopause, or for contraception that is necessary to preserve the life or health of an insured.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section only applies to disability insurance policies or contracts that are defined as health benefit plans pursuant to subdivision (a) of Section 10198.6, except that for accident only, specified disease, or hospital indemnity coverage, coverage for benefits under this section applies to the extent that the benefits are covered under the general terms and conditions that apply to all other benefits under the policy or contract. This section shall not be construed as imposing a new benefit mandate on accident only, specified disease, or hospital indemnity insurance.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Grandfathered health plan” has the meaning set forth in Section 1251 of PPACA.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“PPACA” means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any rules, regulations, or guidance issued thereunder.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
With respect to policies of disability insurance issued, amended, or renewed on or after January 1, 2016, “health care provider” means an individual who is certified or licensed to furnish family planning services within their scope of practice pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, including a pharmacist authorized pursuant to Section 4052
of the Business and Professions Code, or an initiative act referred to in that division, or Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this section, “over-the-counter FDA-approved contraceptive drugs, devices, and products” and “over-the-counter birth control methods” are limited to those included as essential health benefits pursuant to Section 10112.27.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_25B55287-987D-482E-AAD4-BDB389F4EC82">
<ns0:Num>SEC. 97.</ns0:Num>
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Section 923.1 of the
<ns0:DocName>Labor Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_ACB565AD-950F-44BC-9E3D-60454D7C447D">
<ns0:Num>923.1.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
All of the provisions of this section shall be liberally construed to ensure that all workers in California can effectively vindicate their fundamental rights to full freedom of association, self-organization, and designation of representatives of their own choosing, free from retaliation or intimidation by their employer.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The rights described in this subdivision mean that a worker shall be allowed to engage in collective action, to organize, form, join, or assist labor organizations, and, when they choose to do so collectively through selected or designated bargaining representatives, to engage in effective and expeditious collective bargaining that results in a collective bargaining agreement addressing their terms and conditions
of employment.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The state and its political subdivisions shall not, directly or indirectly, deny, burden, or abridge the rights described in this subdivision except as necessary to serve a compelling state interest achieved by the least restrictive means.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A worker who meets the description in subparagraph (A) or (B) may petition the Public Employment Relations Board to protect and enforce the rights described in subdivision (a).
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The worker is employed in a position that is, or would have been, subject to the National Labor Relations Act as of January 1, 2025, but they lose coverage under the National Labor Relations Act because the National Labor Relations Act is repealed, narrowed, or its enforcement enjoined in a case involving that worker, whether through legislative,
executive, or judicial action, and the worker is not otherwise covered by the federal Railway Labor Act (45 U.S.C. Sec. 151 et seq.) or by any law that subjects them to the jurisdiction of the Public Employment Relations Board, aside from this section, or the Agricultural Labor Relations Board.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The worker is employed in a position which is or would be subject to the National Labor Relations Act as of January 1, 2025, but the National Labor Relations Board has expressly or impliedly ceded jurisdiction. The National Labor Relations Board will be deemed to have ceded jurisdiction to the states if any of the following conditions are satisfied as of January 1, 2026:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For cases where a certification of the results of an election, including a certification of representative, or administrative law judge decision has been issued, or where challenges or objections to a representation
election are pending before the National Labor Relations Board, when there is a lack of a quorum of the National Labor Relations Board, or when the National Labor Relations Board has lost its independence as a result of the Supreme Court finding that National Labor Relations Board members are unconstitutionally protected from removal or when the continued processing of a case is enjoined by a court due to constitutional challenges to the board’s structure or authority.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For cases where no certification or complaint or decision has been issued, when there are processing delays resulting in the worker’s case remaining pending before a regional director for more than six months without the issuance of a complaint or certification of an election, or remaining pending more than six months after a complaint has been issued without the issuance of a decision by an administrative law judge or without the issuance of a decision about the
certification by the National Labor Relations Board.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For cases where a certification of the results of an election, including a certification of representative, or other reviewable order has been issued by the regional director or administrative law judge, when there are processing delays resulting in failure by the National Labor Relations Board to accept or decline review or grant special permission to appeal for more than six months following the filing of a request for review or for special permission to appeal.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
For cases on review or exceptions before the National Labor Relations Board, when there are processing delays resulting in the case remaining pending for more than 12 months without the issuance of a final decision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the Public Employment Relations Board determines that the conditions
described in subparagraph (A) or (B) of paragraph (1) no longer apply, the Public Employment Relations Board shall retain jurisdiction over pending matters and shall maintain jurisdiction from that point forward unless ordered by a court of competent jurisdiction to cede its jurisdiction.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision shall not affect the rights of workers under other federal or state statutes.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A worker who meets the conditions of subparagraph (A) or (B) of paragraph (1) of subdivision (b) or their chosen representative may do any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Petition the Public Employment Relations Board to process any representation petition previously filed with the National Labor Relations Board.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Petition the Public Employment Relations Board to promptly
certify an exclusive bargaining representative that has previously been certified by another state or federal agency, or that has been selected by the majority of employees in an appropriate bargaining unit through an election, through other legal processes recognized by the Public Employment Relations Board or the National Labor Relations Board at that time the selection is made, or through a written designation. All existing terms and conditions of employment between a certified exclusive bargaining representative and an employer shall remain in full force and effect during bargaining following certification.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Petition the Public Employment Relations Board to decide unfair labor practice cases on the following timeline:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
As of January 1, 2026, cases involving an employer of more than 500 employees and alleging a refusal to bargain, a refusal to recognize, or a refusal to
give effect to an election certification, or cases involving a unilateral withdrawal of recognition from the worker’s chosen representative by an employer of any size, and associated violations that are necessary to decide the bargaining or recognition violation. These shall be considered Category 1 cases and shall take priority over any Category 2 or 3 cases.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
As of July 1, 2026, cases involving an employer of any size and alleging a refusal to bargain, a refusal to recognize, or a refusal to give effect to an election certification, and associated violations that are necessary to decide the bargaining or recognition violation. These shall be considered Category 1 cases and shall take priority over any Category 2 or 3 cases.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
As of January 1, 2027, cases alleging that an employer has failed to bargain in good faith if the parties have been engaged in bargaining for a
collective bargaining agreement for over six months without reaching agreement, and associated violations. These shall be considered Category 2 cases and shall take priority over any Category 3 cases.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If the Public Employment Relations Board determines that it has insufficient resources to process all cases filed under subparagraphs (A), (B), or (C) of paragraph (3) of subdivision (c), or that doing so would prevent it from meeting statutory deadlines applicable prior to July 1, 2026, the Public Employment Relations Board shall process and prioritize cases in accordance with the following before processing any Category 3 cases:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Cases involving employers employing more than 500 workers affected or potentially affected by the case shall be priority 1.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Cases involving an active union organizing campaign and
allegations of loss of employment shall be priority 2.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Cases involving an active union organizing campaign and allegations not involving loss of employment shall be priority 3.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Cases that have been pending before the National Labor Relations Board for more than 18 months shall be priority 4.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
All other Category 1 or 2 cases shall be priority 5.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
As of January 1, 2027, all other cases not included in paragraph (A), (B), or (C) shall be considered Category 3 cases. The Public Employment Relations Board shall prioritize and process Category 3
cases, to the extent feasible, in accordance with the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Cases involving allegations arising from an organizing campaign shall be priority 1.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Cases involving allegations of loss of employment shall be priority 2.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Cases involving allegations of retaliation for union activities or the exercise of rights under the National Labor Relations Act or this section, not involving loss of employment, shall be priority 3.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Cases involving allegations of violation of Weingarten rights, failure to respond to union information requests, or
unilateral changes by an employer engaging in first contract negotiation shall be priority 4.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The Public Employment Relations Board may further prioritize the resolution of subcategories of cases within each of these categories, or within the group of cases not categorized above, to ensure the most efficient possible resolution of such cases and the maximum possible protection of employee rights.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
To pursue relief from the Public Employment Relations Board, a covered worker or their representative shall file both of the following with the Public Employment Relations Board:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An unfair practice charge or petition that includes all of the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The charging party’s name, address, email address, and telephone number.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The respondent’s name, address, email address, and telephone number.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Where applicable, the original charge or petition filed with the National Labor Relations Board with all supporting documentation and evidence that was submitted to the National Labor Relations Board.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
All correspondence, communications, or other materials received by the charging party, or otherwise in the charging party’s possession, from the National Labor Relations Board regarding the original charge or petition filed with the National Labor
Relations Board.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The documentation and evidence filed with the Public Employment Relations Board shall not be served on the respondent.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Public Employment Relations Board shall hold the supporting documentation and evidence confidential and maintain it as part of its investigatory file.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Documentation and evidence under paragraph (1) shall not be deemed to be public records for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In implementing this section, the Public Employment Relations Board may do all of the following pursuant to its own procedures:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Conduct elections to determine whether a majority of workers in an appropriate bargaining unit have selected an exclusive representative for purposes of collective bargaining.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Promptly certify an exclusive bargaining representative by determining whether a majority of workers in an appropriate bargaining unit have selected an exclusive representative for purposes of collective bargaining, and order that an employer bargain with that exclusive bargaining representative. Selection may be demonstrated through a previous certification by another state or federal agency, or through an election, or through other legal processes recognized by the Public Employment Relations Board or the National Labor Relations Board at that time the selection is made, or through a written designation. This shall include the ability to resolve pending objections or voter eligibility challenges in an
election previously pending with the National Labor Relations Board.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Order that an employer bargain with an exclusive bargaining representative and otherwise decide unfair labor practices and order all appropriate action and remedies.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Order that an employer submit to binding arbitration to assist the parties in finalizing their negotiations for a collective bargaining agreement if the National Labor Relations Board or the Public Employment Relations Board has certified an exclusive bargaining representative, or if an employer has voluntarily recognized the exclusive bargaining representative of a group of workers, and more than six months have passed without the parties agreeing
on and executing a collective bargaining agreement.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Order any appropriate remedy, including injunctive relief and penalties, necessary to effectuate this section, including if an employer refuses to comply with an order under this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Public Employment Relations Board may rely on its own decisions and precedent under the National Labor Relations Act, and shall do so in a manner that most expansively effectuates the rights guaranteed under this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Public Employment Relations Board may order all appropriate relief for a violation of this section, including civil penalties. If the Public Employment Relations Board finds that an employer has engaged in a pattern or practice of committing unfair practices, it may assess civil penalties in the amount of one thousand dollars ($1,000) per
worker per violation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Any action taken by the Public Employment Relations Board pursuant to this section may be reviewed by a state appellate court of competent jurisdiction. The decision of the court enforcing an order of the Public Employment Relations Board shall be final, subject to the right to petition the California Supreme Court for review, and the pendency of a petition for review shall not, except by express order of the courts, constitute a stay of the decision. The violation of a decision under this section shall be remediable by the court as contempt thereof.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Public Employment Relations Board Enforcement Fund is hereby established in the State Treasury.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any civil penalty collected pursuant to this section shall be deposited into the Public Employment Relations
Board Enforcement Fund.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Moneys in the fund shall be available upon appropriation by the Legislature for the Public Employment Relations Board for purposes of administering this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Charging party” means the party bringing an unfair labor practice charge.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Respondent” means the party that allegedly committed the unfair labor practice.
</html:p>
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<ns0:BillSection id="id_76F870C1-1585-402C-9CDE-316B3272F65C">
<ns0:Num>SEC. 98.</ns0:Num>
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Section 1401 of the
<ns0:DocName>Labor Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_F4298E33-3C17-489A-8BDB-D4BB59CF8E42">
<ns0:Num>1401.</ns0:Num>
<ns0:LawSectionVersion id="id_5A348A70-58C3-44D7-A282-DB9BC7224053">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
An employer shall not order a mass layoff, relocation, or termination at a covered establishment unless, 60 days before the order takes effect, the employer gives written notice of the order to the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The employees of the covered establishment affected by the order.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Employment Development Department, the local workforce development board, and the chief elected official of each city and county government within which the termination, relocation, or mass layoff occurs.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An employer required to give notice of any mass layoff, relocation, or termination under this chapter shall include in its notice the elements required by the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. Sec. 2101 et seq.).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An employer required to give notice of any mass layoff, relocation, or termination under this chapter shall include in the notice whether the employer plans to coordinate services, such as a rapid response orientation, through the local workforce development board, the employer plans to coordinate services through a different entity, or the employer does not plan to coordinate services with any entity.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Regardless of whether the employer chooses to coordinate services with the local workforce development board or another entity, the employer shall include in the
notice a functioning email and telephone number of the board and the following description of the rapid response activities offered by the local workforce development board in accordance with Chapter 32 (commencing with Section 3102) of Title 29 of the United States Code:
</html:p>
<html:p>“Local Workforce Development Boards and their partners help laid off workers find new jobs. Visit an America’s Job Center of California location near you. You can get help with your resume, practice interviewing, search for jobs, and more. You can also learn about training programs to help start a new career.”</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the employer chooses to coordinate services with the local workforce development board or another entity, the employer shall arrange services within 30 days from the date of the notice.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An employer required to give notice of any mass layoff, relocation,
or termination under this chapter shall include in the notice a description of the statewide food assistance program known as CalFresh (Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code), the CalFresh benefits helpline, and a link to the CalFresh internet website.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
An employer required to give notice of any mass layoff, relocation, or termination under this chapter shall include in the notice a functioning email and telephone number of the employer for contact.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding the requirements of subdivision (a), an employer is not required to provide notice if a mass layoff, relocation, or termination is necessitated by a physical calamity or act of war.
</html:p>
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<ns0:BillSection id="id_3F9DC964-179D-45B3-9D3F-BE1DA4D1CB31">
<ns0:Num>SEC. 99.</ns0:Num>
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Section 2810.8 of the
<ns0:DocName>Labor Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_AFA09C53-0800-416C-861A-09753674BBEB">
<ns0:Num>2810.8.</ns0:Num>
<ns0:LawSectionVersion id="id_D9EDED6A-5B8B-42B4-832E-E0DA087B23A4">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Airport” means any area of land or water used or intended for landing or takeoff of aircraft including appurtenant area used or intended for airport buildings, facilities, as well as rights-of-way together with the buildings and facilities within the State of California, excluding any military base or federally operated facility.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Airport hospitality operation” means a business that prepares, delivers, inspects, or provides any other service in connection with the preparation of food or beverage for aircraft crew or passengers at an airport, or that provides food and beverage, retail, or other consumer goods or services to the
public at an airport. The term airport hospitality operation does not include an air carrier certificated by the Federal Aviation Administration.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Airport service provider” means a business that performs, under contract with a passenger air carrier, airport facility management, or airport authority, functions on the property of the airport that are directly related to the air transportation of persons, property, or mail, including, but not limited to, the loading and unloading of property on aircraft, assistance to passengers under Part 382 (commencing with Section 382.1) of Title 14 of the Code of Federal Regulations, security, airport ticketing and check-in functions, ground-handling of aircraft, aircraft cleaning and sanitization functions, and waste removal. The term “airport service provider” does not include an air carrier certificated by the Federal Aviation Administration.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Building service” means janitorial, building maintenance, or security services.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Employee” means any individual who in a particular week performs at least two hours of work for an employer.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Employer” means any person, including a corporate officer or executive, who directly or indirectly or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity, owns or operates an enterprise and employs or exercises control over the wages, hours, or working conditions of any employee. “Employer” also means the successor employer as set forth under paragraph (6) of subdivision (b).
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Enterprise” means a hotel, private club, event center, airport hospitality operation, airport service provider, or the provision of building service
to office, retail, or other commercial buildings.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Event center” means a publicly or privately owned structure of more than 50,000 square feet or 1,000 seats that is used for the purposes of public performances, sporting events, business meetings, or similar events, and includes concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers. The term “event center” also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event center’s purpose, including food preparation facilities, concessions, retail stores, restaurants, bars, and structured parking facilities.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Hotel” means a residential building that is designated or used for lodging and other related services for the public, and containing 50 or more guest rooms, or suites of rooms (adjoining rooms do not constitute a suite of rooms). “Hotel” also
includes any contracted, leased, or sublet premises connected to or operated in conjunction with the building’s purpose, or providing services at the building. The number of guest rooms, or suites of rooms, shall be calculated based on the room count on the opening of the hotel or on December 31,
2019, whichever is greater.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
“Laid-off employee” means any employee who was employed by the employer for six months or more and whose most recent separation from active employment by the employer
</html:p>
<html:p>occurred on or after March 4, 2020, and was due to a reason related to the COVID-19 pandemic, including a public health directive, government shutdown order, lack of business, a reduction in force, or other economic, nondisciplinary reason due to the COVID-19 pandemic. There shall be a presumption that a separation due to a lack of business, reduction in force, or other economic, nondisciplinary reason is due to a reason related to the COVID-19 pandemic, unless the employer establishes otherwise by a preponderance of the evidence.</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
“Length of service” means the total of all periods of time during which an employee has been in active service with the employer, based on the employee’s date of hire, including periods of time when the employee was on leave or on vacation.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
“Person” means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
“Private club” means a private, membership-based business or nonprofit organization that operates a building or complex of buildings containing at least 50 guest rooms or suites of rooms that are offered as overnight lodging to members. The number of guest rooms or suites of rooms shall be calculated based on the room count on the opening of the private club or on December 31, 2019, whichever is greater.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Within five business days of establishing a position, an employer shall offer its laid-off
employees in writing, either by hand or to their last known physical address, and by email and text message to the extent the employer possesses such information, all job positions that become available after the effective date of this section for which the laid-off employees are qualified. A laid-off employee is qualified for a position if the employee held the same or similar position at the enterprise at the time of the employee’s most recent layoff with the employer.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The employer shall offer positions to laid-off employees in an order of preference subject to paragraph (1) and this paragraph. If more than one employee is entitled to preference for a position, the employer shall offer the position to the laid-off employee with the greatest length of service based on the employee’s date of hire for the enterprise.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A laid-off employee who is offered a position pursuant to
this section shall be given at least five business days, from the date of receipt, in which to accept or decline the offer. A “business day” is any day except Saturday, Sunday, or any official state holiday. An employer may make simultaneous, conditional offers of employment to laid-off employees, with a final offer of employment conditioned on application of the preference system set forth in paragraph (2).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
An employer must retain the following records for at least three years, measured from the date of the written notice regarding the layoff, for each laid-off employee: the employee’s full legal name; the employee’s job classification at the time of separation from employment; the employee’s date of hire; the employee’s last known address of residence; the employee’s last known email address; the employee’s last known telephone number; and a copy of the written notices regarding the layoff provided to the employee and all records of
communications between the employer and the employee concerning offers of employment made to the employee pursuant to this section.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
An employer that declines to recall a laid-off employee on the grounds of lack of qualifications and instead hires someone other than a laid-off employee shall provide the laid-off employee a written notice within 30 days including the length of service with the employer of those hired in lieu of that recall, along with all reasons for the decision.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
This section also applies in any of the following circumstances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The ownership of the employer changed after the separation from employment of a laid-off employee but the enterprise is conducting the same or similar operations as before the COVID-19 state of emergency.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The form of organization of the employer changed after the COVID-19 state of emergency.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Substantially all of the assets of the employer were acquired by another entity that conducts the same or similar operations using substantially the same assets.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The employer relocates the operations at which a laid-off employee was employed before the COVID-19 state of emergency to a different location.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
No employer shall refuse to employ, terminate, reduce in compensation, or otherwise take any adverse action against any laid-off employee as defined in subdivision (a) for seeking to enforce their rights under this section, for participating in proceedings related to this section, opposing any practice proscribed by this section, or otherwise asserting rights under this section. This subdivision shall
also apply to any employee or laid-off employee who mistakenly, but in good faith, alleges noncompliance with this section.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Division of Labor Standards Enforcement shall have exclusive jurisdiction to enforce this section. This section may be enforced only as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A laid-off employee may file a complaint with the Division of Labor Standards Enforcement for violations of this section and may be awarded any or all of the following, as appropriate:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Hiring and reinstatement rights pursuant to this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Frontpay or backpay for each day during which the violation continues, which shall be calculated at a rate of compensation not less than the highest of any of the following rates:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The average regular rate of pay received by the laid-off employee during the last three years of that employee’s employment in the same occupation classification.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The most recent regular rate received by the laid-off employee while employed by the employer.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The regular rate received by an employee occupying the position in place of the laid-off employee that should have been employed.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Value of the benefits the laid-off employee would have received under the employer’s benefit plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
No criminal penalties shall be imposed for violation of this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any employer, agent of the employer, or other person who violates or causes to be violated the
provisions of this section shall be subject to a civil penalty of one hundred dollars ($100) for each employee whose rights under these provisions are violated and an additional sum payable as liquidated damages in the amount of five hundred dollars ($500), per employee, for each day the rights of an employee under this section are violated and continuing until such time as the violation is cured, which shall be recovered by the Labor Commissioner, deposited into the Labor and Workforce Development Fund, and paid to the employee as compensatory damages.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The Labor Commissioner shall enforce this section, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation pending the completion of a full investigation or hearing, through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including by issuance of a citation against an employer who violates this section and by filing a
civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as appropriate.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
In an action brought by the Labor Commissioner for enforcement of this section, the court may issue preliminary and permanent injunctive relief to vindicate the rights of employees.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
In an administrative or civil action brought under this section, the Labor Commissioner or court, as the case may be, shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The remedies, penalties, and procedures provided under this section are cumulative.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The Division of Labor Standards Enforcement may promulgate and enforce rules and regulations, and issue determinations and interpretations, consistent with and necessary for the implementation of this section. Those rules and regulations, determinations, and interpretations shall have the force of law and may be relied upon by employers, employees, and other persons to determine their rights and responsibilities under this section.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section does not prohibit a local governmental agency from enacting ordinances that impose greater standards than, or establish additional enforcement provisions to, those prescribed by this section. This section shall not be
construed to limit a discharged employee or eligible employee’s right to bring a common law cause of action for wrongful termination.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
All of the provisions of this section, or any part of this section, may be waived in a valid collective bargaining agreement, but only if the waiver is explicitly set forth in that agreement in clear and unambiguous terms. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute or be permitted as a waiver of all or any part of the provisions of this section.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), this section shall remain operative only until January 1, 2027.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), a violation of this section occurring on or before December 31, 2026, shall continue to be enforceable pursuant to subdivision (d).
</html:p>
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<ns0:Num>SEC. 100.</ns0:Num>
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Section 59 of the
<ns0:DocName>Military and Veterans Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_CB187070-DBC2-40A1-876E-B05193C2B260">
<ns0:Num>59.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
There is in the state government a Governor’s Military Council that shall serve under the direction of the Military Department and consist of members appointed by the Governor. The council shall advise the Governor on efforts to retain military installations and operations within the state that are necessary for the defense of the nation, and to coordinate and focus those efforts.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The council shall include, but not be limited to, bipartisan representatives from the Senate and Assembly. Senate representatives shall be nominated by the Senate Committee on Rules, and Assembly representatives shall be nominated by the Speaker of the Assembly.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2031, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2031, deletes or extends that date.
</html:p>
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<ns0:Num>SEC. 101.</ns0:Num>
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Section 136.1 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_06AEE1BD-CF59-4984-9836-62094C000F2A">
<ns0:Num>136.1.</ns0:Num>
<ns0:LawSectionVersion id="id_2C8A0442-BDAF-4B6A-B2D8-AF8B048D28E3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in subdivision (c), a person who does either of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Knowingly and maliciously prevents or dissuades a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Knowingly and maliciously attempts to prevent or dissuade a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this section, evidence that the defendant was a family member who interceded in an effort to protect the witness or victim establishes a presumption that the act was without malice.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Except as provided in subdivision (c), a person who attempts to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from doing any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Making a report of that victimization to a peace officer, a state or local law enforcement officer, a probation, parole, or
correctional officer, a prosecuting agency, or a judge.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Causing a complaint, indictment, information, or probation or parole violation to be sought and prosecuted, or assisting in the prosecution thereof.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Arresting or causing or seeking the arrest of a person in connection with that victimization.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A person who knowingly and maliciously does any of the acts described in subdivision (a) or (b) is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years under any of the following circumstances:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If the act is accompanied by force or by an express or implied threat of force or violence, upon a witness, victim, or any third person or the property of a victim, witness, or any third person.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the act is in furtherance of a conspiracy.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the act is committed by a person who has been convicted of a violation of this section, a predecessor law, a federal statute, or a statute of any other state that, if the act prosecuted was committed in this state, would be a violation of this section.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the act is committed by a
person for pecuniary gain or for any other consideration acting upon the request of any other person. All parties to the transaction are guilty of a felony.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A person attempting the commission of an act described in subdivision (a), (b), or (c) is guilty of the offense attempted without regard to success or failure of the attempt. The fact that no person was injured physically, or in fact intimidated, is not a defense against prosecution under this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section does not preclude the imposition of an enhancement for great bodily injury if the injury inflicted is significant or substantial.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The use of force during the commission of an offense described in subdivision (c) shall be considered a circumstance in aggravation of the crime in imposing a term of imprisonment under subdivision (b) of Section
1170.
</html:p>
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<ns0:BillSection id="id_BD0DB1F8-FC56-4805-95BA-5C6D216C071E">
<ns0:Num>SEC. 102.</ns0:Num>
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Section 636.6 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_6C4D2D13-3D76-46F6-82A1-49B3ED8C212A">
<ns0:Num>636.6.</ns0:Num>
<ns0:LawSectionVersion id="id_952ED847-BB7A-4A9D-823E-F7F12920385B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A person who manufactures, imports, markets, purchases, sells, or operates a signal jammer, unless authorized to do so by the Federal Communications Commission, is guilty of an infraction, punishable by a fine not to exceed five hundred dollars ($500) for a first offense.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A second or subsequent violation of paragraph (1) is a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A person who operates a signal jammer in conjunction with the
commission of a misdemeanor or felony is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A person who willfully or maliciously uses a signal jammer to block state or local public safety communications, and who knows or should know that using the signal jammer is likely to result in death or great bodily injury and great bodily injury or death is sustained by any person as a result of that use, is guilty of a crime, punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A conviction under this section requires forfeiture of the signal jamming device.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section does not apply to the authorized and lawful
use of signal jammers by local or state law enforcement.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For the purposes of this section, the following terms have the following meanings:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Signal jammer” means a device that intentionally blocks, jams, or interferes with authorized radio or wireless communications.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Public safety communications” means the systems, technologies, and methods used by emergency response agencies, including law enforcement, firefighters, and EMS, to communicate with each other.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_A0675ABA-092B-45E1-AFFA-0D133613D166">
<ns0:Num>SEC. 103.</ns0:Num>
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Section 1170 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_699251CF-B56A-4E59-870D-C86DB1069FCE">
<ns0:Num>1170.</ns0:Num>
<ns0:LawSectionVersion id="id_F9AC433B-43FC-40F3-A878-B9AAF263B584">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Legislature finds and declares that the purpose of sentencing is public safety and to reduce recidivism achieved through punishment, rehabilitation, and restorative justice. When a sentence includes incarceration, the deprivation of liberty satisfies the punishment purpose of sentencing. Therefore, the carceral system should not, except as incidental to justifiable separation or the maintenance of discipline, aggravate the suffering inherent while experiencing imprisonment. The essential purpose of incarceration is rehabilitation and successful community reintegration achieved through education, treatment, and active participation in rehabilitative and restorative justice programs. This purpose is best served by terms that are proportionate to the seriousness of the offense with provision for
uniformity in the sentences of people incarcerated for committing the same offense under similar circumstances. These purposes can be achieved only if the period of imprisonment is used to ensure, so far as possible, the promotion of personal growth for all residents and the reintegration of a person into society upon release so that they can lead a law-abiding and self-supporting life, reducing recidivism.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Legislature further finds and declares that programs should be available for incarcerated persons, including, but not limited to, educational, rehabilitative, and restorative justice programs that are designed to promote behavioral change and to prepare all incarcerated persons for successful reentry into the community. The Legislature encourages the development of policies and programs designed to educate and rehabilitate all incarcerated persons. These programs, activities, and services should be delivered in line with the
individual treatment needs of incarcerated persons.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In any case in which the sentence prescribed by statute for a person convicted of a public offense is a term of imprisonment in the state prison, or a term pursuant to subdivision (h), of any specification of three time periods, the court shall sentence the defendant to one of the terms of imprisonment specified unless the convicted person is given any other disposition provided by law, including a fine, jail, probation, or the suspension of imposition or execution of sentence or is sentenced pursuant to subdivision (b) of Section 1168 because they had committed their crime prior to July 1, 1977. In sentencing the convicted person, the court shall apply the sentencing rules of the Judicial Council. The court, unless it determines that there are circumstances in mitigation of the sentence prescribed, shall also impose any other term that it is required by law to impose as an additional
term. This article does not affect any provision of law that imposes the death penalty, that authorizes or restricts the granting of probation or suspending the execution or imposition of sentence, or expressly provides for imprisonment in the state prison for life, except as provided in subdivision (d). In any case in which the amount of preimprisonment credit under Section 2900.5 or any other provision of law is equal to or exceeds any sentence imposed pursuant to this chapter, except for a remaining portion of mandatory supervision imposed pursuant to subparagraph (B) of paragraph (5) of subdivision (h), the entire sentence shall be deemed to have been served, except for the remaining period of mandatory supervision, and the defendant shall not be actually delivered to the custody of the
secretary or the county correctional administrator. The court shall advise the defendant that they shall serve an applicable period of parole, postrelease community supervision, or mandatory supervision and order the defendant to report to the parole or probation office closest to the defendant’s last legal residence, unless the in-custody credits equal the total sentence, including both confinement time and the period of parole, postrelease community supervision, or mandatory supervision. The sentence shall be deemed a separate prior prison term or a sentence of imprisonment in a county jail under subdivision (h) for purposes of Section 667.5, and a copy of the judgment and other necessary documentation shall be forwarded to the secretary.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
When a judgment of imprisonment is to be imposed and the statute specifies three possible terms, the court shall, in its sound discretion, order imposition of a sentence not to
exceed the middle term, except as otherwise provided in paragraph (2).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The court may impose a sentence exceeding the middle term only when there are circumstances in aggravation of the crime that justify the imposition of a term of imprisonment exceeding the middle term and the facts underlying those circumstances have been stipulated to by the defendant or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial. Except where evidence supporting an aggravating circumstance is admissible to prove or defend against the charged offense or enhancement at trial, or it is otherwise authorized by law, upon request of a defendant, trial on the circumstances in aggravation alleged in the indictment or information shall be bifurcated from the trial of charges and enhancements. The jury shall not be informed of the bifurcated allegations until there has been a conviction of a felony offense.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) and (2), the court may consider the defendant’s prior convictions in determining sentencing based on a certified record of conviction without submitting the prior convictions to a jury. This paragraph does not apply to enhancements imposed on prior convictions.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
At least four days prior to the time set for imposition of judgment, either party or the victim, or the family of the victim if the victim is deceased, may submit a statement in aggravation or mitigation to dispute facts in the record or the probation officer’s report or to present additional facts. The court may consider the record in the case, the probation officer’s report, other reports, including reports received pursuant to Section 1203.03, and statements in aggravation or mitigation submitted by the prosecution, the defendant, or the victim, or the family of the victim if the
victim is deceased, and any further evidence introduced at the sentencing hearing.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The court shall set forth on the record the facts and reasons for choosing the sentence imposed. The court may not impose an upper term by using the fact of any enhancement upon which sentence is imposed under any provision of law. A term of imprisonment shall not be specified if imposition of sentence is suspended.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), and unless the court finds that the aggravating circumstances outweigh the mitigating circumstances that imposition of the lower term would be contrary to the interests of justice, the court shall order imposition of the lower term if any of the following was a contributing factor in the commission of the offense:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The person has experienced psychological, physical, or childhood
trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person is a youth or was a
youth, as defined under subdivision (b) of Section
1016.7, at the time of the commission of the offense.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Prior to the instant offense, or at the time of the commission of the offense, the person is or was a victim of intimate partner violence or human trafficking.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Paragraph (6) does not preclude the court from imposing the lower term even if there is no evidence of those circumstances listed in paragraph (6) present.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The court shall state the reasons for its sentence choice on the record at the time of sentencing. The court shall also inform the defendant that as part of the sentence after expiration of the term they may be on parole for a period as provided in Section 3000 or 3000.08 or postrelease community supervision for a period as provided in Section 3451.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
When a defendant who was under 18 years of age at the time of the commission of the offense for which the defendant was sentenced to imprisonment for life without the possibility of parole has been incarcerated for at least 15 years, the defendant may submit to the sentencing court a petition for recall and resentencing.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), this paragraph does not apply to a defendant sentenced to life without parole for an offense where it was pled and proved that
the defendant tortured, as described in Section 206, their victim or the victim was a public safety official, including any law enforcement personnel mentioned in Chapter 4.5 (commencing with Section 830) of Title 3, or a firefighter, as described in Section 245.1, or any other officer in any segment of law enforcement who is employed by the federal government, the state, or any of its political subdivisions.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The defendant shall file the original petition with the sentencing court. A copy of the petition shall be served on the agency
that prosecuted the case. The petition shall include the defendant’s statement that the defendant was under 18 years of age at the time of the crime and was sentenced to life in prison without the possibility of parole, the defendant’s statement describing their remorse and work towards rehabilitation, and the defendant’s statement that one of the following is true:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The defendant was convicted pursuant to felony murder or aiding and abetting murder provisions of law.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The defendant does not have juvenile felony adjudications for assault or other felony crimes with a significant potential for personal harm to victims prior to the offense for which the sentence is being considered for recall.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The defendant committed the offense with at least one adult codefendant.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The defendant has performed acts that tend to indicate rehabilitation or the potential for rehabilitation, including, but not limited to, availing themselves of rehabilitative, educational, or vocational programs, if those programs have been available at their classification level and facility, using self-study for self-improvement, or showing evidence of remorse.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If any of the information required in paragraph (2) is missing from the petition, or if proof of service on the prosecuting agency is not provided, the court shall return the petition to the defendant and advise the defendant that the matter cannot be considered without the missing information.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A reply to the petition, if any, shall be filed with the court within 60 days of the date on which the prosecuting agency was served with the petition unless a
continuance is granted for good cause.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the court finds by a preponderance of the evidence that one or more of the statements specified in subparagraphs (A) to (D), inclusive, of paragraph (2) are true, the court shall recall the sentence and commitment previously ordered and hold a hearing to resentence the defendant in the same manner as if the defendant had not previously been sentenced, provided that the new sentence, if any, is not greater than the initial sentence. A victim, or victim family members if the victim is deceased, shall retain the
rights to participate in the hearing.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The factors that the court may consider when determining whether to resentence the defendant to a term of imprisonment with the possibility of parole include, but are not limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The defendant was convicted pursuant to felony murder or aiding and abetting murder provisions of law.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The defendant does not have juvenile felony adjudications for assault or other felony crimes with a significant potential for personal harm to victims prior to the offense for which the defendant was sentenced to life without the possibility of parole.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The defendant committed the offense with at least one adult codefendant.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Prior to the
offense for which the defendant was sentenced to life without the possibility of parole, the defendant had insufficient adult support or supervision and had suffered from psychological or physical trauma or significant stress.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The defendant suffers from cognitive limitations due to mental illness, a developmental disability, or other factors that did not constitute a defense but influenced the defendant’s involvement in the offense.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The defendant has performed acts that tend to indicate rehabilitation or the potential for rehabilitation, including, but not limited
to, availing themselves of rehabilitative, educational, or vocational programs, if those programs have been available at their classification level and facility, using self-study for self-improvement, or showing evidence of remorse.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The defendant has maintained family ties or connections with others through letter writing, calls, or visits or has eliminated contact with individuals outside of prison who are currently involved with crime.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The defendant has had no disciplinary actions for violent activities in the last five years in which the defendant was determined to be the aggressor.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The court shall have the discretion to resentence the defendant in the same manner as if the defendant had not previously been sentenced, provided that the new sentence, if any, is not greater than the initial sentence. The
discretion of the court shall be exercised in consideration of the criteria in paragraph (6). A victim, or victim family members if the victim is deceased, shall be notified of the resentencing hearing and shall retain their rights to participate in the hearing.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Notwithstanding paragraph (7), the court may also resentence the defendant to a term that is less than the initial sentence if any of the following were a contributing factor in the commission of the alleged offense:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The person has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The person is a youth or was a youth, as defined under subdivision (b) of Section 1016.7, at the time of the commission of the offense.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Prior to the instant offense, or at the time of the commission of the offense, the person is or was a victim of intimate partner violence or human trafficking.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Paragraph (8) does not prohibit the court from resentencing the defendant to a term that is less than the initial sentence, even
if none of the circumstances listed in paragraph (8) are present.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
If the sentence is not recalled or the defendant is resentenced to imprisonment for life without the possibility of parole, the defendant may submit another petition for recall and resentencing to the sentencing court when the defendant has been committed to the custody of the department for at least 20 years. If the sentence is not recalled or the defendant is resentenced to imprisonment for life without the possibility of parole under that petition, the defendant may file another petition after having served 24 years. The final petition may be submitted, and the response to that petition shall be determined, during the 25th year of the defendant’s sentence.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
In addition to the criteria in paragraph (6), the court may consider any other criteria that the court deems relevant to its decision, so long as the
court identifies them on the record, provides a statement of reasons for adopting them, and states why the defendant does or does not satisfy the criteria.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
This subdivision shall have retroactive application.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
This paragraph does not diminish or abrogate any rights or remedies otherwise available to the defendant.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), the court may recall and resentence an incarcerated person pursuant to the compassionate release program set forth in Section 1172.2.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding any other
provision of this section, for purposes of paragraph (3) of subdivision (h), an allegation that a defendant is eligible for state prison due to a prior or current conviction, sentence enhancement, or because the defendant is required to register as a sex offender shall not be subject to dismissal pursuant to Section 1385.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A sentence to the state prison for a determinate term for which only one term is specified is a sentence to state prison under this section.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except as provided in paragraph (3), a felony punishable pursuant to this
subdivision shall be punishable by imprisonment in a county jail for the term described in the underlying offense.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) and (2), where the defendant (A) has a prior or current felony conviction for a serious felony described in subdivision (c) of Section 1192.7 or a prior or current conviction for a violent felony described in subdivision (c) of Section 667.5, (B) has a prior felony conviction in another jurisdiction for an offense that has all the elements of a serious felony described in subdivision (c) of Section 1192.7 or a violent felony described in subdivision (c) of Section 667.5, (C) is required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime and as part of the sentence an enhancement pursuant to Section 186.11 is imposed, an executed sentence for a felony punishable pursuant to this subdivision shall be served in the
state prison.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This subdivision does not prevent other dispositions authorized by law, including pretrial diversion, deferred entry of judgment, or an order granting probation pursuant to Section 1203.1.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Unless the court finds, in the interest of justice, that it is not appropriate in a particular case, the court, when imposing a sentence pursuant to paragraph (1) or (2), shall suspend execution of a concluding portion of the term for a period selected at the court’s discretion.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The portion of a defendant’s sentenced term that is suspended
pursuant to this paragraph shall be known as mandatory supervision, and, unless otherwise ordered by the court, shall commence upon release from physical custody or an alternative custody program, whichever is later. During the period of mandatory supervision, the defendant shall be supervised by the county probation officer in accordance with the terms, conditions, and procedures generally applicable to persons placed on probation for the remaining unserved portion of the sentence imposed by the court. The period of supervision shall be mandatory and may not be earlier terminated, except by court order. Any proceeding to revoke or modify mandatory supervision under this subparagraph shall be conducted pursuant to either subdivisions (a) and (b) of Section 1203.2 or Section 1203.3. During the period when the defendant is under that supervision, unless in actual custody related to the sentence imposed by the court, the defendant shall be entitled to only actual time credit against the term of imprisonment
imposed by the court. Any time period that is suspended because a person has absconded shall not be credited toward the period of supervision. A defendant who is subject to search or seizure as part of the terms and conditions of mandatory supervision, is subject to search or seizure only by a probation officer or other peace officer.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
When the court is imposing a judgment pursuant to this subdivision concurrent or consecutive to a judgment or judgments previously imposed pursuant to this subdivision in another county or counties, the court rendering the second or other subsequent judgment shall determine the county or counties of incarceration and supervision of the defendant.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The sentencing changes made by the act that added this subdivision shall be applied prospectively to any person sentenced on or after October 1, 2011.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The sentencing changes made to paragraph (5) by the act that added this paragraph shall become effective and operative on January 1, 2015, and shall be applied prospectively to any person sentenced on or after January 1, 2015.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Notwithstanding the separate punishment for any enhancement, any enhancement shall be punishable in a county jail or state prison as required by the underlying offense and not as would be required by the enhancement. The intent of the Legislature in enacting this paragraph is to abrogate the holding in People v. Vega (2014) 222 Cal.App.4th 1374, that if an enhancement specifies service of sentence in state prison, the entire sentence is served in state prison, even if the punishment for the underlying offense is a term of imprisonment in the county jail.
</html:p>
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<ns0:BillSection id="id_69398926-0E36-4132-8715-B4E36B19045B">
<ns0:Num>SEC. 104.</ns0:Num>
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Section 2780.6 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_E8482ED8-C237-4441-8477-911D22786F87">
<ns0:Num>2780.6.</ns0:Num>
<ns0:LawSectionVersion id="id_707017D7-588F-4B9A-8608-C6E7C69DD4ED">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding paragraph (9) of subdivision (a) of Section 3370 of the Labor Code, the Department of Corrections and Rehabilitation shall, pursuant to subdivision (b), pay a death benefit in an amount calculated pursuant to subdivision (c) for the death of any state prison incarcerated individual hand crew member assigned to the California Conservation Camp program.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The death benefit shall be paid within 60 days of the death of an incarcerated individual hand crew member to the beneficiary designated by the crew member to receive the death benefit if
the crew member dies during any of the following circumstances:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
During, and resulting from, the performance of their duties on an active deployment.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
During, and resulting from, the performance of their duties completing firefighter Conservation Camp training exercises.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
While physically or mentally incapacitated due to and resulting from their performance of their duties as described in paragraph (1) or (2).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The death benefit shall be the sum of the following amounts:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Fifty thousand dollars ($50,000).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An amount equal to 50 percent of the annual compensation earned by the deceased crew member during the
12 months immediately preceding the death of the crew member.
</html:p>
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<ns0:BillSection id="id_E9EFF86C-5970-4A80-82D1-D06FC35315F6">
<ns0:Num>SEC. 105.</ns0:Num>
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Section 11105.04 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_0036DD57-1574-4DB9-B802-E9307295EF9C">
<ns0:Num>11105.04.</ns0:Num>
<ns0:LawSectionVersion id="id_5135E85E-F547-4FBA-97E3-902D74C8F1A1">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A designated Court-Appointed Special Advocate (CASA) program shall submit to the Department of Justice fingerprint images and related information of employment and volunteer candidates for the purpose of conducting a state and federal criminal history background check, pursuant to subdivision (u) of Section 11105, and obtaining information as to the existence and nature of a record of a child abuse investigation contained in the Child Abuse Central Index.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If
requesting state-level criminal offender record information pursuant to this section, the designated CASA program shall request a subsequent arrest notification, pursuant to Section 11105.2, for all employment and volunteer candidates.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall monitor the Child Abuse Central Index and notify the CASA program if a record of a child abuse investigation involving a CASA employee or volunteer is subsequently added to the Child Abuse Central Index.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If a CASA program knows that an individual for whom notification is requested is no longer in a position for which notification is authorized, the CASA program shall immediately notify the department to terminate notification for that individual.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The department shall terminate
notification for the individual upon receipt of the notification required in subparagraph (A).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Not less than every six months, a CASA program shall verify that each individual for whom notification has not been terminated is still in a position with the program for which notification is authorized.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If a CASA program receives a subsequent notification for an individual unknown to the CASA program or for whom the CASA program terminated notification, it shall immediately inform the department that the individual is unknown to the CASA program or that it terminated the notification request for the individual.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall charge a fee sufficient to cover the cost of processing the requests for federal-level criminal offender record information.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall not charge a fee for state-level criminal offender record information.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department may increase its fee for a CASA employment and volunteer candidate sufficient to cover the cost of processing subsequent notifications of a child abuse investigation from the Child Abuse Central Index.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A designated CASA program is a local court-appointed special advocate program as described in Chapter 1 (commencing with Section 100) of Part 1 of Division 2 of the Welfare and Institutions Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
There shall be only one designated CASA program in each California county.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_0E55C454-0FF2-40E4-8854-9F2BE326E1ED">
<ns0:Num>SEC. 106.</ns0:Num>
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Section 13667 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_20334E6E-1942-4F1C-8C60-0EE88CA2F231">
<ns0:Num>13667.</ns0:Num>
<ns0:LawSectionVersion id="id_EEF652C3-44D9-4C78-AAB1-17983A8DBF05">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Each municipal police department and county sheriff’s department, the Department of the California Highway Patrol, and the University of California and California State University Police Departments shall, on or before January 1, 2027, develop, adopt, and implement written policies and standards to promote safe, consistent, and effective service, implementation, and enforcement of court protection and restraining orders that include firearm access restrictions, including, but not limited to, civil harassment restraining orders, criminal protective orders, domestic violence restraining orders, emergency protective orders, juvenile restraining orders, postsecondary school violence restraining orders, workplace violence restraining orders, and elder or dependent adult abuse restraining orders other than orders described in
paragraph (4) of subdivision (u) of Section 15657.03 of the Welfare and Institutions Code related to financial abuse.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The policies and standards developed pursuant to this section shall ensure that the agency consistently complies with the requirements of California laws governing service and enforcement of protection and restraining orders and governing relinquishment of firearms by individuals who are armed and subject to those court orders, including new mandates and responsibilities placed on law enforcement agencies pursuant to Chapter 242 of the Statutes of 2023 and Chapter 544 of the Statutes of 2024.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In developing these policies and standards, the law enforcement agency shall also review and update existing protocols, policies, or standards pertaining to protection or restraining orders and law enforcement responses to domestic violence incidents to ensure these
relevant protocols, policies, and standards are consistent with one another and current law and to ensure that they provide consistent and accessible guidance to law enforcement officers.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The policies and standards shall provide a standard agency process for law enforcement to serve the order against a restrained person in a timely manner and ensure the agency consistently complies with the requirements of California law governing service of protection and restraining orders, including pursuant to Section 6383 of the Family Code and Section 527.12 of the Code of Civil Procedure. These policies and standards shall ensure that officers who have served protection or restraining orders consistently accomplish all of the following steps as soon as possible and within one business day of serving the order:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Completing the appropriate proof of service form developed by the
Judicial Council for the protection or restraining order.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Filing the proof of service form with the court.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Ensuring proof of service information is entered into the California Restraining and Protective Order System through the California Law Enforcement Telecommunications System to record that the order has been served on the restrained person.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The policies and standards shall ensure that officers effectuate firearm relinquishment at the time of service by requesting, at the time of service, that the restrained person immediately and safely relinquish to the officer’s control any firearms, ammunition, body armor, and other prohibited items in the restrained person’s possession or control, or subject to the restrained person’s possession or control. The policies and standards should ensure officers
consistently accomplish the following steps upon serving a protection or restraining order:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Notify the restrained person that they are required to immediately transfer all firearms and prohibited items they possess or control to the officer serving the order.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Request that the restrained party immediately transfer to the officer, safely and unloaded, any firearms or other prohibited items they possess or control.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Conduct a lawful search as necessary for the protection of the officer or other individuals present and take custody of any firearms or other prohibited items in plain sight or discovered pursuant to the lawful search.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Complete the appropriate proof of firearm relinquishment form developed by the Judicial Council that serves as
the receipt to document relinquished firearms and other prohibited items and issue the receipt form to the restrained person.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Ensure the Automated Firearms System is updated to record any firearms that the restrained person relinquished to the law enforcement officer.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Determine whether the restrained person possesses or controls other firearms that they have not relinquished to the officer. In making such a determination, the officer should be instructed to consider all relevant information, to the extent possible, including by reviewing the protection or restraining order to determine if the court made a finding that the restrained person has firearms, querying the Automated Firearms System to determine whether the restrained person is recorded as having legally acquired firearms in that database, and asking the restrained person or, if it is safe to do so, other persons
present.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The policies and standards shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Provide a standard agency process for officers to promote firearm relinquishment compliance in circumstances where a restrained person owns, possesses, or controls firearms but credibly indicates that they cannot relinquish all firearms at the time of service, including circumstances where those firearms are stored in another location.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The process in subparagraph (A) shall instruct officers to provide accessible local information about how the restrained person can lawfully comply with the court order by relinquishing possession or control of all firearms and other prohibited items, unloaded and in a safe manner, to a local law enforcement agency or to a licensed
firearms dealer within 24 hours of being served with the order and by providing the proof of relinquishment compliance receipt form to the court and to the law enforcement agency within 48 hours or being served with the order to verify that the restrained person sold or transferred all firearms and other prohibited items that they possess or control.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Instruct officers to inform the restrained person that failure to comply with the requirements and timelines in paragraph (1) may result in fines, arrest, and criminal penalties.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Require officers to encourage restrained individuals to relinquish any firearms they cannot immediately relinquish to the officer through a designated third party or with law enforcement supervision to reduce the risk that the restrained person will access the firearms or other items to threaten or harm
individuals protected by the court order or to otherwise harm themselves or others. The policies and standards shall encourage officers to proactively follow up with the restrained person to confirm that the restrained person relinquished all firearms and provided receipt forms verifying relinquishment within the required timeline.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Instruct officers about how to respond if the restrained person credibly indicates that they do not possess or control firearms that had been associated with the restrained person in the Automated Firearms System, the court order, or other sources, including informing the restrained person to complete and submit to the court a standard form developed by the Department of Justice that declares under penalty of perjury that the restrained person is no longer in possession of one or more firearms, along with their response to the protection or restraining order and any other supporting documentation to verify that
the restrained person no longer possesses or controls firearms.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The policies and standards shall provide a process for the agency, in coordination with court staff and other law enforcement agencies and stakeholders, to proactively identify restrained persons who are illegally armed in violation of the court order and state law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The policies and standards shall instruct officers to take one or more of the following steps, as appropriate for the circumstances, to ensure firearm relinquishment compliance and the safety of any individuals protected by the court order, if the agency receives credible information indicating that the restrained person has not relinquished all firearms or other prohibited items as required:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Contact the restrained person to facilitate and verify
immediate firearm relinquishment compliance.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Take custody of firearms or other prohibited items at a location where there is probable cause to believe those items are located, including through a lawful search or by requesting a search warrant to search for and seize these items.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Notify appropriate partners, such as court clerks, prosecutors, and petitioners or protected parties who may be in danger, that the restrained person has violated the protection or restraining order’s firearm relinquishment requirements.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Arrest the restrained person for violating the court order and state law.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The law enforcement agency shall make the standards and policies developed pursuant to this section available to the public upon request and shall post
information on the agency’s website about how petitioners may request service of protection or restraining orders by that agency and how prohibited persons and other community members may relinquish firearms to the custody of the agency.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
In developing and updating the standards and policies developed pursuant to this section, law enforcement agencies are encouraged to consult and collaborate with domestic violence service providers and survivor advocates, gun violence prevention experts, local court staff, and guidance, technical assistance, or recommendations issued by the Department of Justice.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_49485BD4-2D6F-42B0-B7FD-E2EFFE4C4BBD">
<ns0:Num>SEC. 107.</ns0:Num>
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Section 4291.5 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_746FC07C-D039-4391-89DB-308CE545F72E">
<ns0:Num>4291.5.</ns0:Num>
<ns0:LawSectionVersion id="id_7EDD8D14-6F4C-4A9E-A5F9-FCB7DC97488E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Home hardening” means the replacement or repair of structural features that are affixed to the property with features that are in compliance with Chapter 7A (commencing with Section 701A.1) of Title 24 of the California Code of Regulations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Property owner” means a person described in subdivision (a) of Section 4291 of this code or subdivision (a) of Section 51182 of the Government Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Qualified entities” means the following entities that have completed the program developed, and received a certification, pursuant to Section 4291.6:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Counties, state conservancies, special districts, and other political subdivisions of the state.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Members of the California Conservation Corps, the Board of Commissioners under CaliforniaVolunteers described in Section 8411 of the Government Code, local conservation corps, resource conservation districts, fire safe councils, Firewise USA organizations, and nonprofit entities focused on wildfire resiliency.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
University of California fire advisors.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Registered Professional Foresters.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Other entities or individuals deemed appropriate by the director.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Wildfire safety improvements” means wildfire resilience and
fire safety improvements, including measures for home hardening, the creation of defensible space, and other appropriate fuel reduction activities, to residential, commercial, industrial, agricultural, or other real property identified by the State Fire Marshal, in consultation with the director.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The director shall establish a statewide program to allow qualified entities to support and augment the department in its defensible space and home hardening assessment and education efforts. Qualified entities participating in the program shall be authorized by the director to conduct defensible space assessments to assess compliance with Section 4291 within the state responsibility area, to assess compliance with Section 51182 of the Government Code within local responsibility areas, educate property owners about wildfire safety improvements that may be undertaken to harden a structure and make it more resistant to fire, and assess whether
wildfire safety improvements have been completed in or on a structure.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The director shall establish a common reporting platform that allows defensible space and home hardening assessment data, collected by the qualified entities, to be reported to the department and shall establish any necessary quality control measure to ensure that the assessment data is accurate and reliable. Data obtained voluntarily from a property owner for reasons other than responding to a request related to compliance with Section 4291 of this code or Section 51182 of the Government Code shall be anonymized and kept confidential if requested by the property owner, and shall not be used for compliance or enforcement purposes associated with ordinances that directly relate to defensible space and home hardening inspections unless specifically requested by the property owner.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall compile the data submitted pursuant to paragraph (1).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The director may use the defensible space and home hardening assessment data that is gathered in response to requests related to compliance with Section 4291 of this code or Section 51182 of the Government Code, and other data voluntarily provided by a property owner if authorized by the property owner, to do any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Direct inspection and enforcement resources away from landowners who meet or exceed the department’s standards and regulations for maintaining defensible space.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Direct inspection and enforcement resources toward landowners who do not meet the department’s standards and regulations for maintaining defensible space.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Direct
educational resources toward landowners who own or maintain structures that can be hardened to make them more resistant to fire.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Assist in estimating defensible space compliance in the state responsibility area.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department may expand or amend existing programs for the implementation of this section.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section does not grant any right of entry onto private land or regulatory or enforcement authority to participating qualified entities.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Any local governmental entity that is qualified to conduct defensible space assessments pursuant to this section in very high and high fire hazard severity zones, as identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of
Chapter 1 or by a local agency pursuant to Section 51179 of the Government Code, and reports that information to the department, shall report that information using the common reporting platform established pursuant to subdivision (c).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On December 31, 2023, and annually thereafter, the department shall report to the Legislature all defensible space data collected pursuant to paragraph (2) of subdivision (c). The report may include information on the proportion of unique parcels that were inspected, the degree of compliance with requirements set forth in Section 4291 of this code and Section 51182 of the Government Code, any enforcement actions that may have been taken for noncompliant parcels, and the proportion of parcels that were found to be in compliance across jurisdictions. At minimum, the report shall include data with sufficient detail to facilitate comparisons of
community compliance with the requirements of Section 4291 of this code and Section 51182 of the Government Code between local governmental entities qualified to conduct defensible space assessments pursuant to this section and local governmental entities that are not.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_B250C695-8B7E-40B3-BE54-E1F16C6F1B34">
<ns0:Num>SEC. 108.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:PRC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4584.1.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4584.1 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_7B9E1610-9039-4677-ACDF-5D5B97221B35">
<ns0:Num>4584.1.</ns0:Num>
<ns0:LawSectionVersion id="id_682319F4-F7C0-4339-B4F6-EE31380B9B75">
<ns0:Content>
<html:p>Rules and regulations adopted by the board pursuant to Section 4584, except subdivision (k) of Section 4584, shall comply with the following standards, as determined appropriate and necessary by the board:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Notices of exemption that are prepared and submitted to the director shall include a map of the area of operations that complies with the requirements of paragraphs (1), (3), and (4), subparagraphs (A), (B), (D), and (E) of paragraph (5), paragraphs (7) to (12), inclusive, and paragraph (14) of subdivision (x) of Section 1034 of Title 14 of the California Code of Regulations.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notices of exemption that are prepared and submitted to the director shall provide a confidential archaeological letter that includes all
the information required by paragraphs (2) and (7) to (11), inclusive, of subdivision (c) of Sections 929.1,
949.1, and 969.1, as applicable, of Title 14 of the California Code of Regulations, and site records if required pursuant to subdivision (g) of that section or pursuant to Section 929.5 of Title 14 of the California Code of Regulations. This subdivision shall not apply to activities described in subdivision (i) or (m) of Section 4584.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
All fuel treatments required by the board shall be completed within one year from the date the director receives the notice, with the exception of burning. This shall include treatment of surface fuels, wood debris, and slash, which shall be lopped, removed, chipped, piled for burning, or otherwise treated. Burning shall be completed within two years from the date the director receives the notice of exemption.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Slash and woody debris shall be treated to achieve a maximum postharvest depth of 18 inches
above the ground except within 150 feet from any point of an approved and legally permitted structure that complies with the California Building Code. Surface fuels, slash, and woody debris within 150 feet from any point of an approved and legally permitted structure that complies with the California Building Code shall be chipped, piled, and burned, or removed.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Timber operations shall comply with the requirements of paragraphs (1) to (10), inclusive, of subdivision (b) of Section 1038 of Title 14 of the California Code of Regulations.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
All timber operations conducted in Lake Tahoe Region shall have a valid Tahoe Basin Tree Removal Permit, as defined by the Tahoe Regional Planning Agency (TRPA), or shall be conducted under a valid TRPA Memorandum of Understanding, when such a permit is required by TRPA.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The submitted notice of exemption shall include selection criteria for the trees to be harvested or the trees to be retained.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The department shall provide the appropriate regional water quality control board, the Department of Fish and Wildlife, and the California Geological Survey with copies of notices of exemption when they are submitted.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The submitted notice of exemption shall include the tentative commencement date of timber operations.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Within a 15-day period, the registered professional forester or person responsible for the submittal of the notice of exemption shall notify the department, the Department of Fish and Wildlife, the appropriate regional water quality control board, and the California Geological Survey of the actual date of commencement of timber operations.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Timber operations pursuant to an exemption may not commence for 10 working days from the date of the director’s receipt of the notice of exemption unless this delay is waived by the director. The director shall determine whether the notice of exemption is complete, and if so, shall send a copy of a notice of acceptance to the submitter. If the notice of exemption is not complete and accurate, it shall be returned to the submitter and the timber operator may not proceed. If the director does not act within 10 days of receipt of the notice of exemption, timber operations may commence.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
No large old trees, defined as a tree that existed before 1800 CE or is
greater than 60 inches in diameter at stump height for Sierra or Coast Redwoods, and 48 inches in diameter at stump height for all other tree species or Decadent and Deformed Trees with Value to Wildlife, as defined in Section 895.1 of Title 14 of the California Code of Regulations, shall be harvested unless the following apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The tree is not critical for the maintenance of a Late Successional Stand.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A registered professional forester attached to the submitted notice of exemption a written explanation and justification for the harvest of the tree based on the registered professional forester’s finding of any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The tree is a hazard to safety or property.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The removal of the tree is necessary for the construction of a
building as approved by the appropriate local jurisdiction and shown on the county or city approved site plan, which shall be attached to the submitted notice of exemption.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The tree is dead or likely to die within one year of the date of the proposed removal, as determined by a registered professional forester.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A registered professional forester-written explanation or justification need not be attached to the submitted notice of exemption if an approved Habitat Conservation Plan, Sustained Yield Plan, or plan, as that term is defined in Section 895.1 of Title 14 of the California Code of Regulations addresses large old tree retention for the area in which the large old tree is proposed for removal and the removal is in compliance with the retention standards of that document.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any tree harvested pursuant
to this subdivision shall be shown on a map provided with the submitted notice of exemption to the department.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This subdivision shall not apply to or be used in conjunction with the Forest Resilience Exemption created pursuant to subdivision (j) of Section 4584.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Helicopter yarding shall be prohibited.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
All applicable provisions of the Professional Foresters Law, including, but not limited to, Sections 775 to 779, inclusive, of this code, as well as all applicable provisions of Registration of Professional Forester Rules, including, but not limited to, Sections 1612 to 1614, inclusive, of Title 14 of the California Code of Regulations, shall apply to the practice of professional forestry as it relates to this section.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_1AED7927-FC40-4820-A945-AB7A2F9AB360">
<ns0:Num>SEC. 109.</ns0:Num>
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Section 4584.2 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_0A9F2643-F0A1-451D-A321-C5D301EBCFEF">
<ns0:Num>4584.2.</ns0:Num>
<ns0:LawSectionVersion id="id_1F19FDA7-3CD6-4559-AB86-77B832E82863">
<ns0:Content>
<html:p>Rules and regulations adopted by the board pursuant to subdivision (j) of Section 4584, shall comply with the following standards:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Notices of exemption that are prepared and submitted to the director shall include a map of the area of operations that complies with the requirements of paragraphs (1), (3), and (4), subparagraphs (A), (B), (D), and (E) of paragraph (5), paragraphs (7) to (12), inclusive, and paragraph (14) of subdivision (x) of Section 1034 of Title 14 of the California Code of Regulations.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notices of exemption that are prepared and submitted to the director shall provide a confidential archaeological letter that includes all the information required by paragraphs (2) and (7) to (11), inclusive, of
subdivision (c) of Sections 929.1,
949.1, and 969.1, as applicable, of Title 14 of the California Code of Regulations, and site records if required pursuant to subdivision (g) of that section or pursuant to Section 929.5 of Title 14 of the California Code of Regulations.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
All fuel treatments required by the board shall be completed within one year from the date the director receives the notice, with the exception of burning. This shall include treatment of surface fuels, wood debris, and slash, which shall be lopped, removed, chipped, piled for burning, or otherwise treated. Burning shall be completed within two years from the date the director receives the notice of exemption.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Slash and woody debris shall be treated to achieve a maximum postharvest depth of 18 inches above the ground except within 150 feet from any point of an approved and legally permitted structure
that complies with the California Building Code. Surface fuels, slash, and woody debris within 150 feet from any point of an approved and legally permitted structure that complies with the California Building Code shall be chipped, burned, or removed.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Timber operations shall comply with the requirements of paragraphs (1) to (4), inclusive, and (6) to (10), inclusive, of subdivision (b) of Section 1038 of Title 14 of the California Code of Regulations.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
All timber operations conducted in Lake Tahoe Region must have a valid Tahoe Basin Tree Removal Permit, as defined by the Tahoe Regional Planning Agency (TRPA), or shall be conducted under a valid TRPA Memorandum of Understanding, when such a permit is required by TRPA.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The submitted notice of exemption shall include selection criteria for the trees to be
harvested or the trees to be retained.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The department shall provide the appropriate regional water quality control board, the Department of Fish and Wildlife, and the California Geological Survey with copies of notices of exemption when they are submitted.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The submitted notice of exemption shall include the tentative commencement date of timber operations.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Within a 15-day period, the registered professional forester responsible for the submittal of the notice of exemption shall notify the department, the Department of Fish and Wildlife, the appropriate regional water quality control board, and the California Geological Survey of the actual date of commencement of timber operations.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Operations pursuant to an exemption may not commence for
10 working days from the date of the director’s receipt of the notice of exemption unless this delay is waived by the director. The director shall determine whether the notice of exemption is complete, and if so, shall send a copy of a notice of acceptance to the submitter. If the notice of exemption is not complete and accurate, it shall be returned to the submitter and the timber operator may not proceed. If the director does not act within five days of receipt of the notice of exemption, timber operations may commence.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
No Decadent and Deformed Trees with Value to Wildlife, as defined in Section 895.1 of Title 14 of the California Code of Regulations, shall be harvested unless all the following apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The tree is not critical for the maintenance of a Late Successional Stand.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A
registered professional forester attached to the submitted notice of exemption a written explanation and justification for the harvest of the tree based on the registered professional forester’s finding of any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The tree is a hazard to safety or property.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The removal of the tree is necessary for the construction of a building as approved by the appropriate local jurisdiction and shown on the county or city approved site plan which shall be attached to the submitted notice of exemption.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The tree is dead or likely to die within one year of the date of the proposed removal, as determined by a registered professional forester.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A registered professional forester’s written explanation or justification need not be attached to
the submitted notice of exemption if an approved Habitat Conservation Plan, Sustained Yield Plan, or plan as that term is defined in Section 895.1 of Title 14 of the California Code of Regulations addresses large old tree retention for the area in which the large old tree is proposed for removal and the removal is in compliance with the retention standards of that document.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any tree harvested pursuant to this subdivision shall be shown on a map provided with the submitted notice of exemption to the department.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This subdivision shall not apply to or be used in conjunction with the Forest Resilience Exemption created pursuant to subdivision (j) of Section 4584.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Helicopter yarding shall be prohibited.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
All applicable provisions of the
Professional Foresters Law, including, but not limited to, Sections 775 to 779, inclusive, of this code, as well as all applicable provisions of Registration of Professional Forester Rules, including, but not limited to, Sections 1612 to 1614, inclusive, of Title 14 of the California Code of Regulations apply to the practice of professional forestry as it relates to this section.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B3D3F207-5487-4135-88C1-57F24DFBD3D4">
<ns0:Num>SEC. 110.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:PRC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'5006.1.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended by Stats. 2025, Ch. 775, Sec. 7.5. [id_45e9c8ec-ca57-11f0-aea3-3b460998bfb4]" ns3:type="locator">
Section 5006.1 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
, as amended by Chapter 775 of the Statutes of 2025, is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_DE5B46A7-E8F7-41D7-B732-7F9FEE5D0ABB">
<ns0:Num>5006.1.</ns0:Num>
<ns0:LawSectionVersion id="id_0CA15806-DD2B-4B89-826D-245393B4527A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Before submitting a proposal pursuant to subdivision (f) of Section 5006, for an appropriation for the acquisition of real property in excess of five million dollars ($5,000,000) in value for any state park system project, the department shall hold a public meeting within the county in which the proposed project is located at which interested members of the public may comment on the proposed project. Notice of the meeting shall be published at least twice in a newspaper of general circulation within that county.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The department shall provide written notice of its intent to acquire the real property to the city or county, or both, having jurisdiction over the property, to the
Members of the Legislature who are the Chair and Vice Chair of the Joint Legislative Budget Committee, the chair of the budget subcommittee in each house having jurisdiction over resources, the chair in each house of the appropriate legislative policy committee, and the legislators within whose district the property proposed for acquisition is located, as early as possible in the acquisition process, but not less than 90 days from the date of acquisition. Within 30 days of receiving written notice of the proposed acquisition, a member of the city council or board of supervisors of the respective city or county, or a Member of the Legislature who has been notified pursuant to this subparagraph, may request that the department hold a public meeting regarding the acquisition of the property, if the acquisition is between five hundred thousand dollars ($500,000) and five million dollars ($5,000,000).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The
written notice of intent shall describe any potential impact that the acquisition may have on the department’s efforts to provide park and recreational opportunities.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
With respect to real property in excess of five million dollars ($5,000,000) that is not proposed to be acquired pursuant to subdivision (f) of Section 5006, the department shall hold a public meeting within the county in which the real property is located, at which interested members of the public may comment on the proposed acquisition. Notice of the meeting shall be published at least twice in a newspaper of general circulation within the county. The department shall provide written notice of its intent to acquire the real property to the city or county, or both, having jurisdiction over the property, as early as possible in the acquisition process.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
With respect to real property
acquired pursuant to subdivision (c) of Section 15853 of, and paragraph (8) of subdivision (b) of Section 11005 of, the Government Code, the department shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Provide written notice to the county board of supervisors for the county in which the land is located of the intent to acquire the real property.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
No fewer than 30 days before the close of escrow, hold a meeting where the public may make comments regarding a specific transaction or transactions regarding the real property under consideration by the department.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The meeting may take place via teleconference.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The meeting may take place at an otherwise planned public meeting hosted by the department.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
No fewer than 10 days before the meeting described in subparagraph (B), notify the public of the meeting by posting information about the meeting on the department’s internet website on a webpage visible to the public and notifying all owners of record of adjacent parcels of land.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The department shall make a good faith effort to notify owners of record identified pursuant to this subparagraph by using existing distribution lists or available contact information. Owners of record may be contacted electronically or by mail.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
In all circumstances, the meeting notice shall clearly state the specific real property transaction on which the public may comment at the meeting and an explanation of the proposed use of the land by the department.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
With respect to real property acquired pursuant to
subdivision (c) of Section 15853 of the Government Code, for purposes of the notification in subparagraph (C) of paragraph (1), the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The department shall also make a good faith effort to locate current contact information for all adjacent landowners displaced due to the 2020 CZU Lightning Complex Fire.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The department may consult with the relevant county agencies or officials to locate contact information for landowners.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Subparagraphs (B) and (C) of paragraph (1) shall not apply to properties that, on all boundaries, are adjacent to state-owned lands.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
On or before January 1, 2028, and on or before January 1 of every even-numbered year thereafter, the department shall submit a report to the Legislature,
in compliance with Section 9795 of the Government Code, detailing the department’s use of authority granted under subdivision (c) of Section 15853 of, and paragraph (8) of subdivision (b) of Section 11005 of, the Government Code for the acquisition without the State Public Works Board or without the approval of the Director of General Services, as applicable, of fee title or any lesser right or interest in real property by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A report submitted pursuant to subparagraph (A) shall, for the reporting period, include, but not be limited to, a summary of each transaction conducted, any associated costs or savings as a result of the transaction, and duration of the real estate transaction.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section does not apply to any real property to be acquired by grant, gift, devise, or bequest.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This
section shall remain in effect only until January 1, 2033, and as of that date is repealed.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D449FBAD-2A29-43FA-A26B-8244FEAB9850">
<ns0:Num>SEC. 111.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:PRC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'5598.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 5598 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B4EC9F6B-F54B-47EC-AAE9-BD3993061501">
<ns0:Num>5598.</ns0:Num>
<ns0:LawSectionVersion id="id_580B52F4-061B-48B3-88D2-78D459CCD2C4">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This article shall be known, and may be cited, as the East Bay Hills Conservation Program.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The East Bay Hills encompass a unique landscape providing wildlife habitat, recreational opportunities, and significant ecological benefits, covering an area of approximately 30,000 acres in the Counties of Alameda and Contra Costa.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The East Bay Hills are a resource of statewide cultural, historical, and environmental significance, facing development pressures and impacts from growing urbanization which threaten their ecological integrity and recreational value.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The East Bay Hills are the ancestral land of the Ohlone and Bay Miwok who occupied the area for 10,000 years. Today, they are represented by the Ohlone Indian Tribe, the Muwekma Ohlone Indian Tribe of the San Francisco Bay area, and the Confederated Villages of Lisjan Nation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Recognized as a unique and valuable state resource, the East Bay Hills were protected from resource extraction in the early 1900s, further codified in a 1933 statute authorizing the creation of the East Bay Regional Park District to manage and conserve the natural landscape.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The East Bay Hills encompass approximately 30 miles of
wildland-urban interface for which the East Bay Regional Park District provides ongoing wildfire mitigation for the safety of the environment and community.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The East Bay Hills provide critical corridors for wildlife, connecting the coastal ranges with the inland foothills.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The East Bay Hills are home to California’s official state grass, Nassella pulchra, or purple needlegrass, as well as the federal- and state-listed endangered species Presidio clarkia and Tiburon buckwheat.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
In 1855, Oncorhynchus mykiss, rainbow trout, were first discovered by scientists within the Redwood Creek in the East Bay Hills and continue to thrive today.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Residents of surrounding cities and visitors throughout the state use the East Bay Hills for outdoor
recreation, connecting with nature and promoting well-being.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The East Bay Skyline National Recreation Trail traverses through six of the East Bay’s most historic and picturesque parks and preserves, including the largest remaining natural stand of coast redwood found in the East Bay.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The natural resources of the East Bay Hills contribute to climate resilience through carbon sequestration, water management, watershed health, erosion control, and habitat preservation.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Furthermore, during times of high heat, the landscape serves as a place of respite, with the redwood forests holding cooler temperatures than surrounding urban areas.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Protection of the East Bay Hills aligns with state and local conservation efforts, including local
habitat conservation plans.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
If the East Bay Hills Conservation Program is established pursuant to this article, it will provide a necessary structure to implement restoration and preservation projects and recreational opportunities, and enhance the overall condition of the East Bay Hills.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this article, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“California tribe” means any federally recognized California Native American tribe or a nonfederally recognized Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“District” means the East Bay Regional Park District.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“East Bay Hills” refers to the
area defined by the ridgeline extending from the northern edge of Wildcat Canyon Regional Park to the southern edge of Lake Chabot Regional Park. “East Bay Hills” includes all adjacent natural lands within the control of the district, including the Sobrante Ridge Botanic Regional Preserve, Kennedy Grove Regional Recreation Area, Charles Lee Tilden Regional Park, Tilden Nature Area, Claremont Canyon Regional Preserve, Temescal Regional Recreation Area, Sibley Volcanic Regional Preserve, Huckleberry Botanic Regional Preserve, Dr. Aurelia Reinhardt Redwood Regional Park, Roberts Regional Recreation Area, Leona Canyon Open Space Regional Preserve, and Anthony Chabot Regional Park.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Natural lands” has the same meaning as defined in paragraph (2) of subdivision (d) of Section 9001.5.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Program” means the East Bay Hills Conservation Program established pursuant to this article.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The district may establish and administer the East Bay Hills Conservation Program to address the resource and recreational goals of the East Bay Hills pursuant to this article.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The district may collaborate with California tribes, and state, regional, and local partners to help achieve both of the following goals of the program:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
To restore, enhance, and preserve wildlife habitat, provide and enhance recreational opportunities, restore and preserve natural ecosystems, increase nature-based resilience to extreme weather events, and develop and maintain trails for public access.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To
ensure the protection and preservation of land and natural resources, including addressing water quality, erosion, and carbon sequestration from natural lands, while promoting educational experiences for the community.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
In carrying out the purposes of this article, the district shall have all necessary rights and powers to achieve the goals under subdivision (d), including, but not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Acquiring and disposing of interests in real property.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Undertaking, maintaining, and funding projects to enhance public access, restore natural habitats, and improve and construct new facilities for outdoor recreation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Providing technical assistance to landowners on best practices to enhance conservation and climate resilience
on natural lands.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Implementing wildlife connectivity measures across major roadways and urban barriers.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The East Bay Hills shall be acknowledged as an area of statewide significance in local land use policy documents, such as general and specific plans, developed or updated on or after January 1, 2026, affecting land use within the East Bay Hills.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This article shall not be construed as an expansion of the district’s rights or powers as they relate to local land use authority on lands in the East Bay Hills.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_951EFF77-7868-4D1A-8EB1-B87EFC41EBA5">
<ns0:Num>SEC. 112.</ns0:Num>
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Section 5797.4 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_F634A7E2-1B55-4E3F-96DF-D2D72992EB64">
<ns0:Num>5797.4.</ns0:Num>
<ns0:LawSectionVersion id="id_19590527-EDE2-4B28-A3D6-B3E408B8D3CC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, the county, acting through its Regional Parks Department, may dispose up to 4.2 acres of property at Glen Helen Regional Park. The property to be disposed may include property used or unused for park purposes, including land acquired or improved with state grant moneys, including, but not limited to, grant moneys from the Roberti-Z’Berg-Harris Urban Open-Space and Recreation Program Act established in Chapter 3.2 (commencing with Section 5620), subject to the acquisition of replacement park property of equal or greater recreational value, as approved by the department, and at no cost to the state or the county, if all of the following requirements are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The county obtains an independent appraisal of the fair market value of the Glen Helen Regional Park property, as approved by the department, and submits the appraisal to the department on or before July 1, 2026.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The county submits a plan identifying the proposed replacement property to the department on or before January 1, 2027.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The county obtains an independent appraisal of the fair market value of the proposed replacement park property to be acquired, as approved by the department, and submits the appraisal to the department on or before July 1, 2027.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The fair market value of the proposed replacement park property is equal to or greater than the highest of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The fair market value of the Glen Helen Regional Park property.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The actual sales price of the Glen Helen Regional Park property. If the disposition is an exchange of property, then only subparagraph (A) shall apply.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The recreational utility to the public of the proposed replacement park property is equal to or greater than that of the Glen Helen Regional Park property, as approved by the department.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
On or before January 1, 2028, the county provides the department with all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Preliminary title reports that set forth all liens, encumbrances, easements, restrictions, conditions, exceptions, and other matters of record affecting title to the Glen Helen Regional
Park property and the proposed replacement park property.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A written environmental site assessment on the proposed replacement park property that describes the presence, absence, and nature of all known hazardous substances, environmental problems, faults, defects, and violations located in, on, under, or around the proposed replacement park property.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A written attestation from the county regarding the presence and nature of all known hazardous substances, environmental problems, faults, defects, and violations located in, on, under, or around the proposed replacement park property, including whether the county objects to those hazardous substances, environmental problems, faults, defects, or violations.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A written feasibility study that evaluates the suitability of the proposed replacement park property
for public recreation.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A complete and detailed list of the “permitted exceptions” listed in the preliminary title reports for the Glen Helen Regional Park property and the proposed replacement park property that the county and current owner of the proposed replacement park property have agreed on.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A complete and detailed list of all rights, liens, mortgages, and bonds that remain in force against both the Glen Helen Regional Park property and the proposed replacement park property, and the details of all agreements between the county and the current owner of the proposed replacement park property regarding the nature, payment, or retirement of those rights, liens, mortgages, and bonds.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
On or before July 1, 2028, and before the county disposes of the Glen Helen Regional Park property, the county provides
the department with final title reports that set forth all liens, encumbrances, easements, restrictions, conditions, exceptions, and other matters of record, including a detailed list of the “permitted exceptions” listed in the final title reports that the county and current owner of the replacement park property have agreed on, that affect title to the Glen Helen Regional Park property or the proposed replacement park property.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
On or before July 1, 2028, and before the county’s acquisition of the proposed replacement park property, the county provides the department with a detailed written report of all known hazardous substances, environmental problems, faults, defects, and violations located in, on, under, or around the proposed replacement park property that have been corrected and a list of all those hazardous substances, environmental problems, faults, defects, or violations that have not been corrected.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Upon the requirements of paragraphs (1) to (7), inclusive, being met, and before the county disposes of the Glen Helen Regional Park property, the county enters into a final written agreement with the department, approved by the department, to transfer all of the county’s responsibilities and obligations pursuant to any grant contract applicable to the Glen Helen Regional Park property to the proposed replacement park property in perpetuity.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Property acquired pursuant to subdivision (a) shall be used for park purposes and shall be subject to all applicable state law requirements, including, if applicable, the requirements of the Roberti-Z’Berg-Harris Urban Open-Space and Recreation Program Act established in Chapter 3.2 (commencing with Section 5620).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Replacement park property, as approved by the department
pursuant to subdivision (a), shall be acquired either before or concurrently with the disposition of Glen Helen Regional Park property.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B67C8268-C13A-4C6B-B1A3-68F286365305">
<ns0:Num>SEC. 113.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:PRC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'13.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'21080.28.5.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 21080.28.5 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_91381D82-F418-4BE6-94F7-830961E4521E">
<ns0:Num>21080.28.5.</ns0:Num>
<ns0:LawSectionVersion id="id_58BF1101-3746-48EC-98D7-9251F64C75CA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is the intent of the Legislature in enacting this section to clarify the applicability of this division to the provision of public access within a park or open space area by a county park agency, a park district, or the Great Redwood Trail Agency in a manner that involves minimal physical alterations and minimal improvements to the affected area. This section is not intended to provide relief from any other law, regulation, or responsibility.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Subject to paragraph (2), this division does not apply to a change in use approved by a lead agency to allow public access to any of the following in an area used exclusively for nonmotorized recreation:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Preexisting
paved and natural surface roads.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Preexisting trails.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Preexisting pathways.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Preexisting disturbed areas for vehicle parking, such as driveways, when the change of use does not involve new paving or grading.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Rail lines converted by the Great Redwood Trail Agency into trails known as the Great Redwood Trail.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The exemption in paragraph (1) only applies if all of the following criteria are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The lead agency is a county park agency, a park district, or the Great Redwood Trail Agency.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The area used for nonmotorized recreation is owned or
managed by a county park agency, a park district, or the Great Redwood Trail Agency.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The change in use is to provide public access for nonmotorized recreation.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The change in use only involves minimal physical alterations and minimal improvements to the affected area. Minimal improvements shall only include signage, portable restrooms, sediment control, and other similar improvements that protect the environment in the context of public access.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The change in use is not likely to result in either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Significant adverse impacts to tribal cultural resources.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Significant adverse impacts to endangered, threatened, rare, or special status plant or animal
species.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Before making a determination to approve or carry out a change in use that is determined to be exempt from this division pursuant to subdivision (b), the lead agency shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Hold a public meeting to consider and solicit public input on the change in use under consideration.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Post a written notice of the public meeting on the public agency’s internet website and at the project site at least 30 days before the public meeting. The written notice shall include a project description and the location and date of the public meeting.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Adopt a natural resource management plan, or equivalent document, that includes appropriate identification of resources and management strategies for the
affected area, which may include, but is not limited to, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The identification of sensitive species of flora and fauna, sensitive habitats, sensitive soils and erosion considerations, sensitive coastal resources, hydrology, and fire ignition hazards.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The identification of tribal, historical, and other cultural resources.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The identification of avoidance strategies and mitigation measures for any impact to the resources described in clauses (i) and (ii).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The identification of ongoing maintenance and management needs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The adoption of a natural resource management plan, or equivalent document, for purposes of making an exemption determination pursuant
to this section is not subject to this division.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Make a finding based on substantial evidence that all of the criteria specified in paragraph (2) of subdivision (b) are met and that there is sufficient funding to implement the natural resource management plan or equivalent document.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the lead agency determines that a change in use is not subject to this division pursuant to this section, and the lead agency determines to approve or carry out the activity, the lead agency shall file a notice with the State Clearinghouse in the Office of Land Use and Climate Innovation and with the county clerk of the county in which the land is located in accordance with subdivisions (b), (c), and (d) of Section 21152.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Nonmotorized recreation” means low-impact recreational activities, including hiking, walking, bike riding, equestrian use, and nature viewing.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Park district” means a district, as defined in Section 5500, that is governed by an independent board.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Public access” means allowing visitors on public agency-managed park and open space in a manner that is consistent with the underlying conservation or park purposes for those lands.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section does not apply where it is reasonably foreseeable that the provision of public access within a park or open space
area will have a significant or cumulatively considerable effect on the environment.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section does not affect any land covenants, such as grant agreements, conservation easements, or deed restrictions, or a long-term management plan or habitat conservation plan, or alter any conditions of acquisition.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_96BDE659-E0EB-46E8-BB79-4A2FB7719586">
<ns0:Num>SEC. 114.</ns0:Num>
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Section 21080.43 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_AC3B2069-FEF3-47E8-88E4-5668C22AECF2">
<ns0:Num>21080.43.</ns0:Num>
<ns0:LawSectionVersion id="id_F78E817B-026F-456B-9ED9-B5FB6670B541">
<ns0:Content>
<html:p>The Legislature finds and declares all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature reaffirms that the California Environmental Quality Act (CEQA) established longstanding legal requirements for the imposition of mitigation measures on projects.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Specifically, CEQA requires that mitigation measures:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Be feasible, meaning capable of being accomplished in a successful manner within a reasonable timeframe, taking into account economic, environmental, legal, social, and technological factors.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Be roughly proportional to the impacts of the project.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Be supported by substantial evidence demonstrating a reasonable relationship, or “nexus,” between the mitigation and the impact it is intended to address.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Legislature further reaffirms that mitigation frameworks, including those aimed at addressing cumulative impacts such as vehicle miles traveled, must comply with these longstanding requirements that provide legal certainty, and equitable treatment of projects.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Guidelines shall be developed in a manner that reflects and upholds these established principles.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The Legislature further finds that existing guidance has been established in CEQA guidelines and subsequent technical advisories for addressing transportation impacts under CEQA. Impact analysis under CEQA is a dynamic process,
continually informed by advancements in research, data, and practice. Currently, the Department of Transportation is developing updated methodologies for analyzing transportation impacts in rural settings, which are expected to be published on or before July 1, 2026. It is the intent of the Legislature that these ongoing efforts be integrated into relevant guidance for addressing transportation impacts that promote more effective practices statewide.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
It is the intent of Legislature that lead agencies ensure that vehicle miles traveled mitigation is achieved through a balanced approach by ensuring a project invests in multiple types of mitigation measures when working to reduce the vehicle miles traveled impacts of a project.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
It is the intent of the Legislature that this program serve as one optional strategy that a project applicant may use to mitigate a significant
transportation impact under CEQA. The program established pursuant to Section 21080.44 is intended to facilitate an existing category of mitigation, specifically, the development of vehicle miles traveled-efficient affordable housing or related infrastructure, by providing a streamlined and accessible mechanism through which applicants can contribute to eligible mitigation projects. This approach is consistent with established practices already used at the local and regional level across the state and provides project applicants an additional tool to support their mitigation efforts.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A5D9CB6A-EF4D-4863-BDE9-9BE3EB1A6B4B">
<ns0:Num>SEC. 115.</ns0:Num>
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Section 21080.44 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5AECFAC8-F79C-4B82-85A6-745E5F7B33E2">
<ns0:Num>21080.44.</ns0:Num>
<ns0:LawSectionVersion id="id_F1D05D05-83DA-40BD-9DB5-73FA82231711">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this section, all of the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Department” means the Department of Housing and Community Development.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Office” means the Office of Land Use and Climate Innovation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Region” means the territory of the metropolitan planning organization within which a project is located, or the territory of the regional transportation planning agency within which a project is located if the project is located outside of the boundaries of a metropolitan planning organization.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Transit-Oriented Development Implementation Fund” means
the fund created pursuant to Section 53561 of the Health and Safety Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Transit-Oriented Development Implementation Program” means the program established pursuant to Part 13 (commencing with Section 53560) of Division 31 of the Health and Safety Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If a lead agency determines that a project will have a significant transportation impact pursuant to the metrics adopted pursuant to paragraph (1) of subdivision (b) of Section 21099, the lead agency may mitigate the transportation impact to a less than significant level by helping to fund or otherwise facilitating vehicle miles traveled-efficient affordable housing or related infrastructure projects, provided the projects meet the requirements of mitigation measures contained within this division and Chapter 3 of Division 6 of Title 14 of the California Code of
Regulations, including by contributing an amount, to be determined pursuant to the office’s guidance issued pursuant to subdivision (d), to the Transit-Oriented Development Implementation Fund for purposes of the Transit-Oriented Development Implementation Program.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This section shall not preclude the lead agency’s use of other mitigation strategies, including, but not limited to, transportation demand management, transit improvements, active transportation infrastructure, road diets, or utilizing local or regional mitigation banks and exchanges.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Moneys may be deposited into the Transit-Oriented Development Implementation Fund pursuant to paragraph (1) beginning on or before July 1, 2026, as determined by the department.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Consistent with paragraph (1), a project applicant may use the Transit-Oriented
Development Implementation Fund as one optional strategy to mitigate a significant transportation impact under this division. The ultimate use of this mitigation option is subject to the discretion of the lead agency that retains full authority to determine the sufficiency of any proposed mitigation consistent with this division.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Moneys deposited into the Transit-Oriented Development Implementation Fund pursuant to subdivision (b) shall be available to the department, upon appropriation by the Legislature, for the purpose of awarding funding for affordable housing or related infrastructure projects, including infrastructure necessary for higher density uses, under the Transit-Oriented Development Implementation Program in the following priority order:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
First priority to affordable housing or related infrastructure projects in location-efficient
areas, as defined in the office’s guidance issued pursuant to subdivision (d), within the same region as the project.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Second priority to affordable housing or related infrastructure projects within the same region as the project.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Third priority to affordable housing or related infrastructure projects in location-efficient areas that are outside of the originating region but within an adjacent region, provided the project site is located within a defined proximity radius established by the office issued pursuant to clause (ii).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The proximity radius shall be specified in the office’s guidance and may vary based on regional characteristics such as population density and travel patterns. The intent of this provision is to support projects in neighboring regions that offer similar
vehicle miles traveled-reducing benefits due to the project’s location efficiency, including access to high-quality transit, jobs, and essential services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Affordable housing or related infrastructure projects for which funding was applied from other state funding programs, but was not awarded due to limited program resources, or was awarded but a financing gap still exists, may be considered for funding pursuant to this subdivision. The applications for funding for these affordable housing or related infrastructure projects shall be eligible for consideration through a streamlined and expedited administrative review process to accelerate delivery.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For each award of funding for affordable housing or related infrastructure projects pursuant to this subdivision, the department shall, in partnership with the office, confirm the estimated reduction in vehicle miles traveled
associated with the affordable housing or related infrastructure project using the methodology established in the office’s guidance issued pursuant to subdivision (d).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
On or before July 1, 2026, and at least once every three years thereafter, the office, in consultation with other state agencies, as appropriate, shall issue guidance related to the implementation of this section. This guidance shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A methodology for determining the amounts that are required to be contributed to the Transit-Oriented Development Implementation Fund pursuant to subdivision (b) to mitigate the environmental impacts associated with vehicle miles traveled.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A definition of location-efficient areas that reflects a reasonable nexus between the location of the transportation impact of the project and
the location of the vehicle miles traveled-efficient affordable housing or related infrastructure project which shall consider the location-efficient area’s consistency with an adopted sustainable communities strategy pursuant to Section 65080 of the Government Code, alternative planning strategy pursuant to Section 65080 of the Government Code, or other adopted regional growth plan intended to foster efficient land use.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A process for validating a project’s vehicle miles traveled funding contribution, which shall be designed to provide certainty to the lead agency and project applicant that the contribution satisfies applicable mitigation requirements under this division for significant transportation impacts.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A methodology for estimating the anticipated reduction in vehicle miles traveled associated with affordable housing or related infrastructure projects funded pursuant to subdivision (c). This methodology may consider existing methodologies, but shall be tailored to the specific purposes and structure of this section, including accounting for relevant factors influencing vehicle miles traveled reduction, including proximity to transit, job access, walkability, and the level of affordability, and the length of the affordability period, of the affordable housing or related infrastructure project.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The initial guidance, which is required to be issued by the office on or before July 1, 2026, pursuant to subdivision (d), shall not be subject to 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).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Before finalizing the initial guidance, the office shall provide public notice, make a draft version publicly available, and allow for a public comment period of at least 30 days. The office shall consider all comments received before issuing the final guidance.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The office shall commence the regular rulemaking process for subsequent guidance on or before January 1, 2028, in compliance with 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).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Beginning the year following the first distributions of funding pursuant to this section, the office, in consultation with the department, the Transportation Agency, and
regions, shall evaluate the use of vehicle miles traveled mitigation resources allocated pursuant to this section. The evaluation shall assess the distribution of funds across project types, the effectiveness of supported projects in reducing vehicle miles traveled, the affordability of the housing units produced, and other relevant metrics that reflect program performance. Based on this assessment, the department, in consultation with the office and the Transportation Agency, may revise program guidelines to enhance outcomes.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section does not prevent a local agency from charging local impact fees based on vehicle miles traveled pursuant to the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with
Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020) of Division 1 of Title 7 of the Government Code).
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_693DB537-CA74-4AF3-A55C-3FFD5480C7AB">
<ns0:Num>SEC. 116.</ns0:Num>
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Section 25354 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_A0F8804A-3DF5-47CB-823D-B4E57236D495">
<ns0:Num>25354.</ns0:Num>
<ns0:LawSectionVersion id="id_D01B098A-68C5-4C2E-A0FF-1D47B8CB2499">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Each refiner and major marketer shall submit information each month to the commission in such form and extent as the commission prescribes pursuant to this section. For purposes of this section, the term “refiner” and “refinery” shall include refiners and refineries as defined in Sections 25127 and 25128, and also those persons and facilities that process renewable feedstocks instead of crude oil feedstocks and otherwise meet the definitions in Sections 25127 and 25128. The information shall be submitted within 30 days after the end of each monthly reporting period and shall include the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Refiners shall report, by volume, price, and type, for each of their refineries, feedstock inputs, origin of petroleum receipts, imports of finished petroleum
products and blendstocks and ethanol, including the source of those imports, exports of finished petroleum products and blendstocks and ethanol, including the destination of those exports and the entity receiving those exports, refinery outputs, refinery stocks, finished product supply and distribution, including all gasoline sold unbranded by the refiner, blender, or importer, and all current inventories of refined and unrefined petroleum products.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Major marketers shall report, by volume, price, and type, on petroleum product receipts and the sources of these receipts, inventories of finished petroleum products and blendstocks and ethanol, distributions through branded and unbranded distribution networks, and exports of finished petroleum products and blendstocks and ethanol from the state.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Each major oil producer, refiner, marketer, oil transporter, oil storer, pipeline
operator, or port through which refined gasoline is imported or exported, shall annually submit information to the commission in such form and extent as the commission prescribes pursuant to this section. The information shall be submitted within 30 days after the end of each reporting period, and shall include the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Major oil transporters shall report on petroleum by reporting the capacities of each major transportation system, the amount transported by each system, and inventories thereof. The commission may prescribe rules and regulations that exclude pipeline and transportation modes operated entirely on property owned by major oil transporters from the reporting requirements of this section if the data or information is not needed to fulfill the purposes of this chapter. The provision of the information shall not be construed to increase or decrease any authority the Public Utilities Commission may otherwise have.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Major oil storers shall report on storage capacity, inventories, receipts and distributions, and methods of transportation of receipts and distributions.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Major oil producers shall, with respect to thermally enhanced oil recovery operations, report annually by designated oil field, the monthly use, as fuel, of crude oil and natural gas.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Refiners shall report on facility capacity, and utilization and method of transportation of refinery receipts and distributions.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Major oil marketers shall report on facility capacity and methods of transportation of receipts and distributions.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Pipeline operators and port operators shall report their capacities for all pipelines and ports
used to transport refined gasoline.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
All major oil producers, refiners, marketers, oil transporters, oil storers, pipeline operators, or port operators submitting information under this subdivision shall include in the report for each reporting period the full names of all persons or entities that directly or indirectly own 10 percent or more of the major oil producer, refiner, marketer, oil transporter, oil storer, pipeline operator, or port operator submitting the information.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Each person required to report pursuant to subdivision (a) shall submit a projection each month of the information to be submitted pursuant to subdivision (a) for the quarter following the month in which the information is submitted to the commission.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In addition to the data required under subdivision (a), each integrated oil
refiner that produces, refines, transports, and markets in interstate commerce and that supplies more than 500 branded retail outlets in California shall submit to the commission an annual industry forecast for Petroleum Administration for Defense, District V, covering Alaska, Arizona, California, Hawaii, Nevada, Oregon, and Washington. The forecast shall include the information to be submitted under subdivision (a), and shall be submitted by March 15 of each year. The commission may require California-specific forecasts only if the commission finds them necessary to carry out its responsibilities.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The commission may by order or regulation modify the reporting period as to any individual item of information setting forth in the order or regulation its reason for so doing.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Destination facilities shall submit to the commission, by deadlines set by
the commission, the following information regarding crude oil transported to or within California via rail car or marine vessel:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The route of transport within California.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The marketable crude oil name.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The loading facility, including the loading facility name, and the latitude, longitude, and state where the facility is located.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The name of the destination facility, the type of facility, and the latitude and longitude where the facility is located.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Whether the crude oil is nonfloating oil, as defined in Section 8670.3 of the Government Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The commission shall quarterly prepare and make available to
the public a report based on the data collected pursuant to paragraph (1) that shall include, at a minimum, the routes of transport of crude oil within California, the types of crude oil transported over each of those routes, and the frequency with which nonfloating oil has been transported over each of those routes during the reporting period. The commission shall aggregate information used in a report prepared under this paragraph to the extent necessary to assure confidentiality if public disclosure of the specific information or data would result in unfair competitive disadvantage to the person supplying the information or would adversely affect market competition.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The commission may require additional information to be submitted as necessary to perform its responsibilities under this chapter.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Any person required to submit information or data under this chapter, in
lieu thereof, may submit a report made to any other governmental agency, if:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The alternate report or reports contain all of the information or data required by this chapter.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The person clearly identifies the specific provision of this chapter to which the alternate report is responsive.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Each refiner shall submit to the commission, within 30 days after the end of each monthly reporting period, all of the following information in such form and extent as the commission prescribes:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Monthly California weighted average prices and sales volumes of finished leaded regular, unleaded regular, and premium motor gasoline sold through company-operated retail outlets, to other end-users, and to wholesale customers.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Monthly California weighted average prices and sales volumes for residential sales, commercial and institutional sales, industrial sales, sales through company-operated retail outlets, sales to other end-users, and wholesale sales of No. 2 diesel fuel, No. 2 fuel oil, and any renewable fuels.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Monthly California weighted average prices and sales volumes for retail sales and wholesale sales of No. 1 distillate, kerosene, finished aviation gasoline, kerosene-type jet fuel, No. 4 fuel oil, residual fuel oil with 1 percent or less sulfur, residual fuel oil with greater than 1 percent sulfur, and consumer grade propane.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Beginning the first week after January 1, 2004, and each week thereafter, an oil refiner, oil producer, petroleum product transporter, petroleum product marketer,
petroleum product pipeline operator, and terminal operator, as designated by the commission, shall submit a report in the form and extent as the commission prescribes pursuant to this section. The commission may determine the form and extent necessary by order or by regulation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A report may include any of the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Receipts and inventory levels of crude oil and petroleum products at each refinery and terminal location.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Amount of gasoline, diesel, jet fuel, blending components, and other petroleum products imported and exported.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Amount of gasoline, diesel, jet fuel, blending components, and other petroleum products transported intrastate by marine vessel.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Amount of crude oil imported, including information identifying the source of the crude oil.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The regional average of invoiced retailer buying price. This subparagraph does not either preclude or augment the current authority of the commission to collect additional data under paragraph (3) of subdivision (f).
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Copies of all contracts or agreements entered into, or amendments to contracts or agreements, with other oil refiners, oil producers, petroleum product transporters, petroleum product marketers, petroleum product pipeline operators, terminal operators, or any other entity that trades in petroleum products whether or not those entities take possession of petroleum products, as designated by the commission, during the monthly reporting period, along with records of every transaction made under those contracts or agreements and the prices charged for
those transactions.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision is intended to clarify the commission’s existing authority under subdivision (f) to collect specific information. This subdivision neither precludes nor augments the existing authority of the commission to collect information.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
All importers of refined products and renewable fuels via marine vessel shall report to the commission, at least 96 hours before the arrival of a marine vessel delivery to California, all of the following information:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The name of the product tanker or name of the barge, including associated tug name.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The loading location or locations for cargo.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The volume by each type of transportation fuel, such as gasoline,
gasoline blending components, diesel fuel, renewable diesel fuel, jet fuel, sustainable aviation fuel, biodiesel, and ethanol.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The cargo landed cost, including the cost incurred to purchase, load, transport, and all other costs and fees to deliver, each type of transportation fuel, such as gasoline, gasoline blending components, diesel fuel, renewable diesel fuel, jet fuel, sustainable aviation fuel, biodiesel, and ethanol.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The status of any transportation fuel as sold before discharge, the identity of the buyer for any presold product, and the sale price of any presold product.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The planned discharge location, such as the marine berth designation, or locations.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The foreign, domestic, and intrastate marine movements of the vessel from the
port of origin to the port of delivery of the cargo.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Nonrefiners, such as proprietary storage companies, that commercially trade in gasoline, gasoline blending components, diesel fuel, or renewable diesel fuel inventory not subject to contractual supply obligations, shall submit weekly reports to the commission, starting 30 days after the effective date of the act adding this subdivision, that include the weekly inventory volume, by type, such as gasoline, gasoline blending components, diesel fuel, or renewable fuels, for each position holder by name of company, and copies of all contracts or agreements entered into with any refiners, oil producers, petroleum product transporters, petroleum product marketers, petroleum product pipeline operators, terminal operators, or any other entity that trades in petroleum products whether or not those entities take possession of those products, as designated by the commission.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
Refiners and nonrefiners that consummate spot market transactions shall submit a daily report to the commission, starting 30 days after the effective date of the act adding this subdivision, that includes all of the following information for each transaction occurring during the preceding day:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The identity of the spot market where the transaction occurred.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Whether the transaction was reported to the Oil Price Information Service (OPIS), or any other price reporting service, and the time of the reporting.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The date of the transaction.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The time of the transaction.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The contract identification number
for the transaction.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The position sequence number for the transaction.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The contract position identification number for the transaction.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The name, or nonanonymized identification of the executing trader for the transaction.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The counterparty for the transaction, including company name and name or nonanonymized identification of the executing trader.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Whether the reporting entity is the seller or buyer.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The broker, including company name and name or nonanonymized identification of the executing broker.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
The type of refined
transportation fuel, such as gasoline, diesel, or jet fuel.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
The product name for each type of refined transportation fuel.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
The volume of each transaction in thousands of barrels, or specified unit of measurement if unable to be indicated in thousands of barrels.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
The invoiced volume of each transaction in thousands of barrels, or specified unit of measurement if unable to be indicated in thousands of barrels.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
The time and date the material that is the subject of the transaction is scheduled to be delivered or was delivered.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
The delivery location specified in the contract for the transaction and the actual delivery location.
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
The method of transportation for the delivery, such as pipeline, marine vessel, or truck, and the name of the transport.
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
The actual title transfer date.
</html:p>
<html:p>
(20)
<html:span class="EnSpace"/>
The contract subcycle, including descriptors such as “Any,” “L3,” “FH,” “BH,” “C1,” “C2,” “C3,” or “C4.”
</html:p>
<html:p>
(21)
<html:span class="EnSpace"/>
The type of pricing method, including exchange of futures for physical (EFP), fixed price, fixed date range, floating date range, reference formula, OPIS close, event-related date range, such as three days on and around delivery or discharge, or any other utilized method of pricing.
</html:p>
<html:p>
(22)
<html:span class="EnSpace"/>
The contract price formula, including the differential from any contract formula and the unit of measurement for any price
differential.
</html:p>
<html:p>
(23)
<html:span class="EnSpace"/>
The pricing start and end dates for each contract.
</html:p>
<html:p>
(24)
<html:span class="EnSpace"/>
The price value of the contract.
</html:p>
<html:p>
(25)
<html:span class="EnSpace"/>
For EFP contracts, the name of the futures product, the contract month of the futures product expressed as the two-digit month and the two-digit year (MM-YY), and the price value of the futures product.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
It is the intent of the Legislature that all refiners shall, while protecting the health and safety of the public and employees, schedule planned maintenance and turnaround in a manner that ensures minimum levels of transportation fuels in production or reserves necessary to prevent supply shortages or price spikes. To advance that purpose, refiners shall report maintenance activities for each refinery to the commission as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, a refiner shall notify the executive director of the commission of all plans to undertake turnaround and planned maintenance. A refiner’s notification shall include, at a minimum, all of the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A brief description of planned work.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The scheduled start date.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The scheduled return-to-service date.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The individual process units involved.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The name and operational capacity of each process unit.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The estimated daily decrease in output of material or substance produced by the unit, such as
gasoline, diesel, or jet fuel components.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The projected quantity of contractual supply obligations for finished gasoline due during the planned maintenance event or turnaround.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The drawdown of inventory levels of gasoline and gasoline blending components and other material or substance produced by the unit that are controlled by the refiner at the refinery and at other storage locations in California during the planned maintenance event or turnaround, the current levels of such inventories at the time notice is provided, and the anticipant levels of such inventories immediately before the commencement of the planned maintenance event or turnaround.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Imports of gasoline and gasoline blend components and other material or substance produced by the unit in preparation for or during the planned maintenance
event.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Planned purchases of gasoline and gasoline blending components and other material or substance produced by the unit from other market participants in California related to the planned maintenance event.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Planned reductions of noncontracted sales of gasoline or other material or substance produced by the unit related to the planned maintenance event.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The refiner’s notification shall be submitted to the executive director of the commission at least 120 days before the planned maintenance or turnaround.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Before submitting its turnaround schedule notification to the Division of Occupational Safety and Health pursuant to Section 7872 of the Labor Code, each refiner shall submit its turnaround schedule to the executive director of the
commission. When submitting its schedule to the division, each refiner shall indicate that, for each scheduled turnaround, the notification to the commission was submitted.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For unplanned maintenance resulting in a shutdown of a refinery process of greater than 24 hours, submit initial and final reports as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The initial report, due within 48 hours of the initial outage, shall include all of the following information:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The name and operational capacity of each process unit involved in the unplanned outage.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The initial estimated daily decrease in output of gasoline, diesel, and jet fuel components from each process unit affected by the unplanned outage.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The
current inventory levels of the material or substance produced by the unit affected by the unplanned outage that are controlled by the refiner at the refinery and at other storage locations in California during the unplanned maintenance event.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A description of the reason for the unplanned maintenance or outage.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The projected duration of production reduction.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The final report, due within 48 hours of the completion of repairs, shall include all of the following information:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The return-to-service date.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The total decreased output of gasoline, diesel, and jet fuel components from each of the affected process units.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The total increased output from other process units by type of refined product to partially compensate for the reduced output from the process units affected by the unplanned outage.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The amount of material obtained from other sources that compensated for the decrease described in clause (ii) and enabled the refiner to cover for the loss of that production.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The drawdown of inventory levels of any material or substance produced by the unit that are controlled by the refiner at the refinery and at other storage locations in California during the unplanned maintenance event.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Upon receipt of a notification under this subdivision, the executive director of the commission shall review the notification and may request any additional information from the refiner that is necessary for the
commission to assess the potential effect of the planned maintenance event on the supply and prices of transportation fuels in the state.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, information in the notification provided to the commission by a refiner providing a notice or report of its planned maintenance, unplanned maintenance, or turnaround schedule, including notifications under subdivision (m), shall be considered confidential information not subject to public disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The commission may share the information with other state agencies, including the Attorney General, only if the other state agency agrees
to maintain the confidentiality of the information.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The commission may adopt guidelines to prescribe the manner in which the executive director of the commission shall implement subdivision (m) at a commission business meeting. The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to any regulations, guidelines, or other standards adopted by the commission pursuant to this paragraph.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
Refiners shall report annually to the commission their planned production levels and schedule for turnarounds and planned maintenance for the following 12 months, by month and by finished product.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The operator of any refinery in this state shall report to the commission at least 12 months in advance if
that refinery operator intends to permanently shut down, shut down to reconfigure, or sell a refinery in a transaction that may result in a refinery shutting down or reconfiguring.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upon receipt of a notice pursuant to paragraph (1), the commission shall notify the Legislature in a manner that does not disclose confidential information, if applicable.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
After the completion of the report by the commission required by Section 25371 and its submission to the Legislature, the commission may modify the notice required under this subdivision. The commission shall not reduce the notice period to less than 12 months.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For purposes of this subdivision, “reportable pipeline” means a pipeline that delivers crude oil to one or more crude oil refineries in California for processing into transportation fuels, except as specified in subparagraph (B).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Reportable pipeline” does not include a pipeline whose closure would not cause a significant reduction, as defined pursuant to paragraph (4), in the quantity of crude oil that one or more crude oil refineries in California receive for processing.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Commencing March 30, 2027, and each month thereafter, the operator of a reportable pipeline shall submit the following information about the pipeline to the commission within 30 days after the end of
each monthly reporting period:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Minimum operating volume of the pipeline in a 24-hour period necessary to ensure safe operations for crude oil transport and a description of relevant operational constraints.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Maximum operating volume of the pipeline in a 24-hour period possible while ensuring safe operations for crude oil transport.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Volume of crude oil delivered each day.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Number of hours in operation each day.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Maximum nameplate capacity.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Maximum available capacity.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The commission shall work with stakeholders, including, but not limited
to, refiners and pipeline operators, to identify, on or before December 31, 2026, those pipelines that meet the definition of a reportable pipeline.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The commission shall, for purposes of this subdivision, define what constitutes a significant reduction in the quantity of the crude oil that one or more refineries receive for processing.
</html:p>
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<ns0:BillSection id="id_AC00CA90-702F-4A7C-9E4F-8B6BA581284C">
<ns0:Num>SEC. 117.</ns0:Num>
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Section 25545 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_5953E27F-8D8E-4B2F-8B11-492BA7A0FD74">
<ns0:Num>25545.</ns0:Num>
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<ns0:Content>
<html:p>For purposes of this chapter, the following definitions apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“California Native American tribe” has the same meaning as set forth in Section 21073.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Facility” means any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A solar photovoltaic or terrestrial wind electrical generating powerplant with a generating capacity of 50 megawatts or more and any facilities appurtenant thereto.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An energy storage system as defined in Section 2835 of the Public Utilities Code that is capable of storing 200 megawatthours or more of energy.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A stationary
electrical generating powerplant using any source of thermal energy, with a generating capacity of 50 megawatts or more, excluding any powerplant that burns, uses, or relies on fossil or nuclear fuels.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A discretionary project as described in Section 21080 for which the applicant has certified that a capital investment of at least two hundred fifty million dollars ($250,000,000) will be made over a period of five years and the discretionary project is for (A) the manufacture, production, or assembly of an energy storage system or component manufacturing, wind system or component manufacturing, and solar photovoltaic energy system or component manufacturing, or (B) the manufacture, production, or assembly of specialized products, components, or systems that are integral to renewable energy or energy storage technologies.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
An electrical transmission line carrying electricity
from a facility described in paragraph (1), (2), or (3) that is located in the state to a point of junction with any interconnected electrical transmission system.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A hydrogen production facility and associated onsite storage and processing facilities that do not derive hydrogen from a fossil fuel feedstock and that receive funding from any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The Hydrogen Program established pursuant to Section 25664.1.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Section 91530, as added by the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES) authorized by former
Article 15 (commencing with Section 12100.160) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, as that article read on June 30, 2025, as awarded by the United States Department of Energy Office of Clean Energy Demonstrations.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A geothermal powerplant or a project that comprises multiple geothermal powerplants on a single site.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Site” means any location on which an eligible facility is constructed or is proposed to be constructed.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_C004FD04-2C5B-4EED-8DB3-90AB814AEA4A">
<ns0:Num>SEC. 118.</ns0:Num>
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Section 25545.16 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_F300AC01-497D-4965-A538-B04E31841D0E">
<ns0:Num>25545.16.</ns0:Num>
<ns0:LawSectionVersion id="id_E8615E9F-FB3A-4FAA-A39D-3FCD949EB9CC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For any application submitted after January 1, 2026, the commission shall not certify an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, pursuant to this chapter, unless, within 90 days of the project applicant providing notice of completion of installation to the authority that has jurisdiction over fire suppression, but before commencing operations or use of the batteries, the energy storage system is inspected by the authority that has jurisdiction over fire suppression where the system is located. The applicant shall bear the cost of the inspection. The inspector shall be provided a copy of the documentation of the consultation required pursuant to subdivision (a) of Section 25545.19 submitted with the application.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the inspection required pursuant to subdivision (a) has not occurred within 90 days after the notice of completion, the commission may certify or approve for operation the energy storage system.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The commission shall include findings regarding compliance with the requirements of this section in a decision to certify an energy storage system pursuant to Section 25545.1.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_180FC01B-7FB4-456F-B3F9-E422351F1B0D">
<ns0:Num>SEC. 119.</ns0:Num>
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Section 25545.19 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_B00520F2-30AC-48FA-B7CA-F8D5B0AC6E14">
<ns0:Num>25545.19.</ns0:Num>
<ns0:LawSectionVersion id="id_339012A4-50CF-47D7-8B4C-497E85C6BC08">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In an application for an energy storage system, as described in paragraph (2) of subdivision (b) of Section 25545, submitted in accordance with this chapter, the applicant shall certify that, at least 30 days before submitting the application, the applicant met and conferred with the authority that has jurisdiction over fire suppression in the area where the energy storage system is proposed and discussed the energy storage system design, sought input on mitigating potential fire and life safety concerns, and sought input on the content of emergency action plans required by Section 761.3 of the Public Utilities
Code. The application shall include documentation of this consultation, including the date, the names and titles of participants, a summary of matters discussed, and a description of how the application addresses those matters.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The authority that has jurisdiction over fire suppression shall have 30 days to respond to the request to meet and the meeting shall occur within 60 days of the initial request, unless otherwise agreed upon between the parties.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the authority that has jurisdiction over fire suppression declines the opportunity to meet and confer pursuant to subdivision (a), or does not respond to the request, the applicant shall document their interactions with the authority and may submit the application pursuant to this chapter.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The commission shall include findings regarding compliance with
the requirements of this section in a decision to certify an energy storage system pursuant to Section 25545.1.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6184D2A4-DC79-4840-93BA-C0CC01066805">
<ns0:Num>SEC. 120.</ns0:Num>
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Section 30166 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F2D61E09-EDC9-4CBF-AC28-CD1B146B405B">
<ns0:Num>30166.</ns0:Num>
<ns0:LawSectionVersion id="id_1973A3B2-CEC6-4D64-9FFD-01904986F791">
<ns0:Content>
<html:p>In Los Angeles County:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
In three locations within the Santa Monica Mountains, the boundary is moved seaward to the five-mile limit described in Section 30103 and as specifically shown on maps 22, 23, and 24.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In the Temescal Canyon watershed in the City of Los Angeles, all lands owned or controlled by the Presbyterian Synod, the University of California, the Los Angeles County Sanitation District, and the Los Angeles Unified School District are added.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In the Cities of Los Angeles and El Segundo, the areas east of Vista del Mar that include the Scattergood
Generating Station, the Hyperion Sewage Treatment Plant, and portions of an oil refinery are excluded as specifically shown on map 25. In adopting this boundary change, the Legislature specifically reaffirms the existing location of the coastal zone boundary in the Venice area of the City of Los Angeles.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In the City of Manhattan Beach, approximately 140 acres, and in the City of Hermosa Beach, approximately 170 acres, are excluded as specifically shown on maps 25 and 26.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
In the City of Palos Verdes Estates, approximately 95 acres landward of Paseo del Mar are excluded as specifically shown on map 26.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
In the City of Long Beach, the area near Colorado Lagoon is excluded as specifically shown on map 27.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
In the City of Long Beach, the area commencing at the intersection of the existing coastal zone boundary at Colorado Street and Pacific Coast Highway, thence southerly along Pacific Coast Highway to the intersection of Loynes Drive, thence easterly along Loynes Drive to the intersection of Los Cerritos Channel, thence northerly along Los Cerritos Channel to the existing coastal zone boundary, is excluded as specifically shown on map 27A.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Notwithstanding map number 138 adopted pursuant to Section 17 of Chapter 1330 of the Statutes of 1976, as amended by Section 29 of Chapter 1331 of the Statutes of 1976, the inland boundary of the coastal zone in Los Angeles County in the vicinity of Los Angeles International Airport shall be the Pershing Drive built after January 1, 1970, rather than the Pershing Drive built before that date.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_7108330E-F970-40EE-928C-A3A1ACFCB928">
<ns0:Num>SEC. 121.</ns0:Num>
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Section 30168 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B09FFC5D-CCE6-4381-B0EE-F285200D3D5C">
<ns0:Num>30168.</ns0:Num>
<ns0:LawSectionVersion id="id_3AC6FA69-B20E-451C-A8F0-A8911DC52488">
<ns0:Content>
<html:p>In Orange County:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
In the City of Huntington Beach, approximately 9.5 acres are added as specifically shown on map 28.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In the City of Costa Mesa, approximately 15 acres are excluded as specifically shown on map 28.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In the City of Newport Beach, approximately 22.6 acres adjacent to Pacific Coast Highway are added as specifically shown on map 28; provided, however, that the area described in this subdivision shall be excluded from the coastal zone, if the Department of Transportation, within one year from the effective date of this act, enters into an agreement for use of this area for hospital-related purposes.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In the Niguel Hill area, the developed portions of Pacific Island Village are excluded as specifically shown on map 29.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
In the communities of Dana Point and Laguna Niguel, approximately 450 acres inland of the Pacific Coast Highway are excluded as specifically shown on map 29A.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
In the community of Capistrano Beach, approximately 381 acres seaward of the San Diego Freeway are excluded as specifically shown on map 29A.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
In the City of San Clemente, approximately 230 acres seaward of the San Diego Freeway are added as specifically shown on map 29B, dated September 1, 1981, and filed on September 1, 1981, with the Secretary of State.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
In the City of San Clemente, approximately 214 acres inland and seaward of the San Diego Freeway are excluded as specifically shown on maps 29A and 30.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Notwithstanding map number 149 adopted pursuant to Section 17 of Chapter 1330 of the Statutes of 1976, as amended by Section 29 of Chapter 1331 of the Statutes of 1976, the inland boundary of the coastal zone in the area of the City of San Juan Capistrano in Orange County shall exclude all portions of the City of San Juan Capistrano and shall follow Camino Capistrano and Via Serra and generally an extension of Via Serra to the point where it joins the existing coastal zone boundary.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_0F22540B-BBB1-4479-8FBA-1D4D4A1E7E3D">
<ns0:Num>SEC. 122.</ns0:Num>
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Section 30600.5 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_0D60E1F4-58DF-433D-B2DF-9E2376EED6DA">
<ns0:Num>30600.5.</ns0:Num>
<ns0:LawSectionVersion id="id_9CDBCCD9-481E-4B44-89CB-A0CE7EF1CCAA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Before the certification of a local coastal program and notwithstanding the provisions of subdivision (a) of Section 30519, after the effective date of this section, the authority for issuance of coastal development permits provided for in Chapter 7 (commencing with Section 30600) shall be delegated to local governments pursuant to the provisions of this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Except for any development specified in subdivision (b) of Section 30519 and Section 30601 or with respect to any development proposed by any state agency, the authority for issuance of coastal development permits provided for in Chapter 7 (commencing with Section 30600) shall be delegated to the respective local governments within 120 days after (1) the effective date of certification of a land
use plan pursuant to Chapter 6 (commencing with Section 30500) or (2) the effective date of this section, whichever occurs last. This delegation shall only apply with respect to those areas governed by the certified land use plan or a certified portion of the land use plan, applicable to an identifiable geographic area.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this division, after delegation of authority to issue coastal development permits pursuant to subdivision (b), a coastal development permit shall be issued by the respective local government or the commission on appeal, if that local government or the commission on appeal finds that the proposed development is in conformity with the certified land use plan.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any action taken by a local government on a coastal development permit application pursuant to the provisions of this section may be appealed to the commission
pursuant to Section 30602. The commission shall hear an appeal brought pursuant to the provisions of this section, unless it determines that the local government action taken raises no substantial issue as to conformity with the certified land use plan. For purposes of this subdivision, failure by any local government to act within any time limit specified in this division shall constitute an “action taken.”
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The commission shall, following a public hearing and within 90 days after the effective date of this section, adopt minimum standards for public notice, hearing, and appeal procedures to govern local government review of coastal development permit applications pursuant to this section. The standards shall, as nearly as practical, follow the standards required for local agencies after certification of local coastal programs for appealable developments and shall ensure that the notice and hearing required for the coastal development
permit can be provided at the same time as the notice and hearing requirements for other local land use decisions that may be necessary for the project requiring the permit. Within 60 days before assumption of authority for issuance of coastal development permits pursuant to this section, the local government shall provide drafts of all procedures for issuance of coastal development permits to the executive director of the commission. Delegation of the authority to issue coastal development permits pursuant to subdivision (b) shall not occur until the local government has provided copies of all the adopted procedures for the issuance of coastal development permits to the executive director of the commission. Any amendments to the procedures shall also be furnished to the executive director for their information.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Before the delegation of authority to issue coastal development permits as provided in subdivision (b), a local government, after
appropriate notice and hearing, shall adopt an ordinance prescribing the procedures to be used in issuing coastal development permits. Each ordinance shall incorporate at least the minimum standards for public notice, hearings, and appeals established by the commission pursuant to subdivision (e). In addition, each ordinance shall contain provisions that prohibit the issuance of a coastal development permit for any development that may conflict with the ordinances that are being prepared to implement the certified land use plan.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
In order to expedite certification of complete local coastal programs and the transfer of coastal development controls to local government, the commission shall, on request from a local government, prepare the ordinances necessary for that local government to implement the coastal permit responsibilities of this division.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The time limits set forth
in subdivision (b) shall be extended, by right, for not more than 90 days if a local government, by resolution of its governing body, so requests.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The provisions of this section and of any local ordinance enacted pursuant thereto shall have no further force or effect or application after that local government’s local coastal program has been certified and taken effect pursuant to the provisions of this division.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
This section shall become inoperative and shall have no force or effect on the date, if any, of a final judicial decision that its provisions are inconsistent with the requirements of the federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), as
amended.
</html:p>
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</ns0:LawSection>
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<ns0:BillSection id="id_0072C788-DE88-4CF7-873B-4D7BF025DC31">
<ns0:Num>SEC. 123.</ns0:Num>
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Section 42652.5 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_C0099EF0-2003-4DC9-BE98-2879F2C87B95">
<ns0:Num>42652.5.</ns0:Num>
<ns0:LawSectionVersion id="id_766DA528-2845-4C75-90C2-87B5A189C857">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The department shall evaluate ways to maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Shall not establish a numeric organic waste disposal limit for individual landfills.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Shall evaluate ways to incentivize carbon farming that advances healthy soils.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted
pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a local jurisdiction.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
On
or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 30 percent of its recovered organic waste product procurement target.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 65 percent of its recovered organic waste product procurement target.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
On or after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 100 percent of its recovered organic waste product procurement target.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
For purposes of determining a jurisdiction’s recovered organic waste product procurement target pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, the jurisdiction’s population shall not include the number of residents included in low population or elevation waivers granted by the department pursuant to Section 18984.12 of Title 14 of the California Code of Regulations.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, a jurisdiction in possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, shall remain exempt from complying with the organic waste
collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations until January 1, 2037. The department shall adopt regulations to establish a process to renew the exemptions after that date for periods of up to five years.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Specify that bear bins are not required to comply with the lid color requirements established by Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The department may, in its discretion, create an adjusted recovered organic waste product procurement target schedule, not to exceed the requirements of the schedule set forth in this subdivision, which shall be 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).
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
No later than January 1, 2027, the department shall amend subdivision (f) of Section 18993.1 of Title 14 of the California Code of Regulations to include in the recovered organic waste products that a jurisdiction may procure to comply with Article 12 (commencing with Section 18993.1) of Chapter 12 of Division 7 of Title 14 of the California Code of Regulations pipeline biomethane converted exclusively from organic waste that is diverted from a landfill pursuant to Section 39730.6 of the Health and Safety Code and is consistent with Article 10 (commencing with Section 650) of Chapter 3 of Part 1 of Division 1 of the Public Utilities Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A local jurisdiction may charge and collect fees to recover the local jurisdiction’s costs incurred in complying with the
regulations adopted pursuant to this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For
violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (6) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (6) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California
Code of Regulations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to
paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A description, with specificity, of the continuing violations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A description of the impacts of the
COVID-19 pandemic on compliance.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A local jurisdiction may be credited for the procurement of recovered organic waste products without executing a direct service provider agreement with end users of recovered organic waste products if all of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The use of the recovered organic waste product by any entity is a result of the jurisdiction’s adoption or enforcement of ordinances, regulations, resolutions, or policies.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The jurisdiction complied with all other
recordkeeping and reporting requirements related to procurement targets, including verification, as determined by the department, that an entity is procuring on behalf of the jurisdiction.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The recovered organic waste product is not applied to the recovered organic waste product procurement target of another jurisdiction.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A local jurisdiction may count compost produced and procured from the following compost operations, as described in Section 17852 of Title 14 of the California Code of Regulations, as it read on January 1, 2024, towards its recovered organic waste product procurement target:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Vermicomposting operations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Operations composting green material, agricultural material, food material, and vegetative food material, if the total amount of feedstock and compost onsite at any one time does not exceed 100 cubic yards and 750 square feet.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Mushroom compost. “Mushroom compost” means the composted growing substrate that remains after a crop has been harvested to completion.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Paragraph (1) applies if a local jurisdiction adopts an ordinance or other enforceable mechanism requiring compost and vermicompost procured by the jurisdiction to comply with this subdivision and to be used in a manner that meets the definition of “land application” in subparagraph (A) of paragraph (24.5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations and that meets the pathogen, metals, and physical contamination limits that apply to existing composting
facilities.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
A local jurisdiction may count up to 10 percent of its recovered organic waste product procurement target with both of the following recovered organic waste products:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Mulch produced from tree trimming operations conducted by the jurisdiction or a service provider operating under contract to the jurisdiction when applied to landscape areas owned or managed by the jurisdiction or given away to residents, if the local jurisdiction does both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The local jurisdiction provides documentation of the amount of mulch used and distributed, and where it was applied.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The local jurisdiction adopts an ordinance or other enforceable mechanism requiring that mulch be used in a manner that meets the definition of “land
application” in subparagraph (A) of paragraph (24.5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations and that meets the pathogen, metals, and physical contamination limits that apply to existing composting facilities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Edible food recovered in compliance with Section 18991.1 of Title 14 of the California Code of Regulations generated from a commercial food generator located within the jurisdiction. The conversion factor to be used to convert tonnage in the annual recovered organic waste product procurement target for each jurisdiction to equivalent amounts of recovered organic waste product shall be one ton of edible food for each ton of organic waste in a recovered organic waste product procurement target.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This
paragraph shall not be construed to limit the proportion of recovered organic waste products described in subdivision (f) of Section 18993.1 of Title 14 of the California Code of Regulations, as it read on January 1, 2024, that a jurisdiction can count toward its recovered organic waste product procurement target.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
To count recovered organic waste products listed in subdivisions (i) and (j) toward its recovered organic waste product procurement target, a local jurisdiction shall comply with applicable regulations.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Subject to paragraph (2), and until December 31, 2035, the following direct expenditures by a local jurisdiction may count towards its recovered organic waste product procurement target:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Investments for community composting operations serving the jurisdiction, including, but not limited to, an investment made to establish or expand a compostable materials handling operation or community composting operation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Equipment that is used only to apply compost or mulch, including, and limited to, compost spreaders, drag harrows, chippers, stump grinders, and blowers, if the jurisdiction uses the equipment to spread compost or mulch in compliance with procurement requirements during the same year that the purchase expense is applied toward its recovered organic waste product procurement target.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Development of compost or mulch distribution sites to make free compost and mulch accessible and available to residents.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The department may determine, in regulations, the appropriate conversion factors for the direct expenditures in paragraph (1). The expenditures may count for up to 10 percent of a jurisdiction’s total procurement target.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Prior to the department’s adoption of regulations to implement this section, the conversion factor shall be twenty-one dollars and thirty-eight cents ($21.38) for each ton of organic waste in a product procurement target.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
One or more local jurisdictions within the same county may determine a local per capita procurement target using information from a local waste characterization study for a period not to exceed five years after the completion of the study. A waste characterization study shall be performed by the local jurisdiction or jurisdictions, which shall apply the results of a study to the total amount of
landfill disposal attributed to the local jurisdiction or jurisdictions by the department’s Recycling and Disposal Reporting System.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A waste characterization study may be used if it meets all of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
It was performed within the prior five years. This subparagraph does not require a jurisdiction to conduct a local waste characterization study within a specified five-year cycle or to wait for a recalculation of the annual recovered organic waste product procurement target pursuant to subdivision (b) of Section 18993.1 of Title 14 of the California Code of Regulations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
It includes all categories of organic waste used in the department’s most recent waste characterization study that was available at the time the waste characterization local study was performed.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
It includes a statistically significant sampling of solid waste disposed by the local jurisdiction or jurisdictions for which the local per capita procurement target will be determined.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The geographic boundaries within which the study is conducted shall match the geographic boundaries of the jurisdiction or jurisdictions the local per capita procurement target will be applied to.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
It uses the most recent formula for the per capita procurement target developed by the department.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The results of the study are submitted to the department in a form and manner determined by the department.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department may establish in regulations criteria for approving the methodology of a
local waste characterization study.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
Commencing January 1, 2027, a local jurisdiction may procure a quantity of recovered organic waste products that meets or exceeds a five-year recovered organic waste product procurement target if the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
On or before January 1, 2027, and on or before January 1 every five years thereafter, the jurisdiction’s five-year recovered organic waste
product procurement requirement target is calculated by multiplying the annual procurement target by five. The department may grant a jurisdiction approval to begin the five-year period on any January 1 after January 1, 2027.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
On or before January 1, 2027, the jurisdiction has notified the department that it intends to comply using a five-year target.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
In adopting and revising regulations to implement this section, the department may consider both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The development and adoption of a conversion factor for one ton of organic waste and one ton of compost applied locally to count towards a local jurisdiction’s organic waste product procurement
target.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Other pathways to prioritize local use of compost.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Chapter 508 of the Statutes of 2021 as emergency regulations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
In order to reduce emissions from solid waste facilities that may be a potential source of methane emissions, the department, in conjunction with the Capital Programs and Climate Financing Authority and the California Infrastructure and Economic Development Bank, may provide information to the owners and operators of those facilities about financing that may be available to fund facility improvements to increase the capture, or reduce the escape, of methane emissions.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
Consistent with the decisions in Scott v. Bd. of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977)
74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. This subdivision does not constitute a change in, but is declaratory of, existing law.
</html:p>
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<ns0:BillSection id="id_2F5A055F-A515-4360-86D1-F06B79DBEF77">
<ns0:Num>SEC. 124.</ns0:Num>
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Section 748.5 of the
<ns0:DocName>Public Utilities Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_12D82886-9EFF-47AC-AD70-0B316DC78B13">
<ns0:Num>748.5.</ns0:Num>
<ns0:LawSectionVersion id="id_FC86B363-71AD-46C4-8BF8-5B52AB6A5ACC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in subdivisions (c) and (d), the commission shall require revenues, including any accrued interest, received by an electrical corporation as a result of the direct allocation of greenhouse gas allowances to electric utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations to be credited directly to the residential customers of the electrical corporation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Small
business and emissions-intensive, trade-exposed retail customers of the electrical corporation that are covered entities under the regulations adopted pursuant to Section 38562 of the Health and Safety Code, and emissions-intensive, trade-exposed retail customers of the electrical corporation that are not covered entities under the regulations adopted pursuant to Section 38562 of the Health and Safety Code, may also be credited from the revenues in paragraph (1), as determined by the commission.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The credits provided to residential customers of an electrical corporation shall be provided on the bills of those customers in no more than four high-billed months of each year to maximize customer electric bill affordability, or as otherwise directed by the commission to address extreme, unforeseen, and temporary circumstances.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Not later than January 1, 2013, the commission shall require the adoption and implementation of a customer outreach plan for each electrical corporation, including, but not limited to, such measures as notices in bills and through media outlets, for purposes of obtaining the maximum feasible public awareness of the crediting of greenhouse gas allowance revenues. Costs associated with the implementation of this plan are subject to recovery in rates pursuant to Section 454.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Not later than January 1, 2027, the commission shall require each electrical corporation to update the customer outreach plan developed pursuant to paragraph (1) to include a statement at the top of customer bills in applicable months specifying the amount of money saved on a utility bill in that month and attributing those savings to the climate credit and the California Cap-and-Invest Program.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The commission may allocate up to 15 percent of the revenues, including any accrued interest, received by an electrical corporation as a result of the direct allocation of greenhouse gas allowances to electrical distribution utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations, for clean energy and energy efficiency projects established pursuant to statute that are administered by the electrical corporation, or a qualified third-party administrator as approved by the commission, and that are not otherwise funded by another funding source. This subdivision shall become inoperative on July 1, 2026.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The commission shall require an electrical corporation to annually remit to the State Treasury 5 percent of the revenues, including any accrued interest, received by the electrical corporation as a result of the direct allocation of greenhouse gas
allowances to electrical distribution utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations for deposit in the California Transmission Accelerator Revolving Fund, pursuant to Section 63049.72 of the Government Code. This paragraph shall become operative on July 1, 2026, and shall become inoperative on July 1, 2031.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The revenues deposited in the fund shall be available to the California Infrastructure and Economic Development Bank for purposes of the California Transmission Accelerator Revolving Fund Program established pursuant to Sections 63049.71 to 63049.73, inclusive, of the Government Code.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_6506A229-56EE-4E3C-8D9D-7E15EA08B2B8">
<ns0:Num>SEC. 125.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:PUC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'5.8.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'850.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 850 of the
<ns0:DocName>Public Utilities Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_B9F987F2-78F3-47A3-AC91-30EB16FA1E65">
<ns0:Num>850.</ns0:Num>
<ns0:LawSectionVersion id="id_8D8B8C74-152E-43EE-87B1-D0C050E2C3DD">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This article applies in any of the following circumstances:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If an electrical corporation applies to the commission for recovery of costs and expenses related to a catastrophic wildfire and the commission finds some or all of the costs and expenses to be reasonable pursuant to Section 451.1, or for the amount of costs and expenses determined pursuant to subdivision (c) of Section 451.2, then the electrical corporation may file an application requesting the commission to issue a financing order to authorize these costs and expenses to be recovered through fixed recovery charges pursuant to this article.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If an electrical corporation submits an application for recovery of costs and expenses
related to catastrophic wildfires, including fire risk mitigation capital expenditures identified in subdivision (e) of Section 8386.3 or subdivision (a) of Section 8386.10, in a proceeding to recover costs and expenses in rates and the commission finds that some or all of the costs and expenses identified in the electrical corporation’s application are just and reasonable pursuant to Section 451, the electrical corporation may file an application requesting the commission to issue a financing order to authorize the recovery of those just and reasonable costs and expenses by means of a financing order, with those costs and expenses being recovered through a fixed charge pursuant to this article. This paragraph does not apply for costs and expenses incurred by the electrical corporation after December 31, 2035.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) and (2), for a catastrophic wildfire that was ignited between January 1, 2025, and the effective date
of this paragraph, if a large electrical corporation has settled or finally adjudicated claims and the Wildfire Fund assets are exhausted, the electrical corporation, before filing an application for a just and reasonable determination pursuant to Section 451 or 451.1, may file an application requesting the commission to issue a financing order to authorize the costs and expenses of those settled and finally adjudicated claims that cannot be paid by the Wildfire Fund to be recovered through fixed recovery charges pursuant to this article. For purposes of this paragraph, “large electrical corporation” and “Wildfire Fund assets” have the same meanings as set forth in Section 3280.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
An electrical corporation may file an application requesting the commission to issue a financing order to authorize the recovery of verified incremental undercollection amounts for calendar year 2020 through fixed recovery charges pursuant
to this article, if an electrical corporation’s annual true-up advice letter is accepted and either or both of the following incremental undercollection amounts are verified for calendar year 2020:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
An incremental undercollection amount equal to the difference between the forecasted amount of billed revenues for that year, based on the authorized sales forecast, and the revenues actually billed by an electrical corporation with respect to all revenue balancing accounts, if the incremental amount as a percent of the forecasted amount of billed revenues for that year is at least 5 percent.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
An incremental undercollection amount equal to the residential and small business customer bad debt expense recorded for that year that exceeds the bad debt expense for that year that was adopted by the commission in the general rate case, if the incremental undercollection amount is
otherwise eligible for recovery in rates.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The incremental undercollection amounts subject to a commission-approved financing order shall be prohibited from being recovered through any other cost recovery application, mechanism, or request by the electrical corporation.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The commission shall ensure any costs included in incremental undercollections described in this paragraph and subject to a financing order are just and reasonable consistent with the requirements of subdivision (a) of Section 850.1.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
In resolving a request for the issuance of a financing order, the commission may assign cost recovery to each customer class based on their contribution to the incremental undercollection described in this paragraph.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this
article, the following terms shall have the following meanings:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Ancillary agreement” means a bond insurance policy, letter of credit, reserve account, surety bond, swap arrangement, hedging arrangement, liquidity or credit support arrangement, or other similar agreement or arrangement entered into in connection with the issuance of recovery bonds that is designed to promote the credit quality and marketability of the bonds or to mitigate the risk of an increase in interest rates.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Catastrophic wildfire amounts” means the portion of costs and expenses the commission finds to be just and reasonable pursuant to Section 451.1 or the amount determined pursuant to subdivision (c) of Section 451.2.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Consumer” means any individual, governmental body, trust, business entity, or nonprofit organization that
consumes electricity that has been transmitted or distributed by means of electrical transmission or distribution facilities, whether those electrical transmission or distribution facilities are owned by the consumer, the electrical corporation, or any other party.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Financing costs” means the costs to issue, service, repay, or refinance recovery bonds, whether incurred or paid upon issuance of the recovery bonds or over the life of the recovery bonds, if they are approved for recovery by the commission in a financing order. “Financing costs” may include any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Principal, interest, and redemption premiums that are payable on recovery bonds.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A payment required under an ancillary agreement.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An amount required to fund or
replenish reserve accounts or other accounts established under an indenture, ancillary agreement, or other financing document relating to the recovery bonds.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Taxes, franchise fees, or license fees imposed on fixed recovery charges.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Costs related to issuing and servicing recovery bonds or the application for a financing order, including, without limitation, servicing fees and expenses, trustee fees and expenses, legal fees and expenses, accounting fees, administrative fees, underwriting and placement fees, financial advisory fees, original issue discount, capitalized interest, rating agency fees, and any other related costs that are approved for recovery in the financing order.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Other costs as specifically authorized by a financing order.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Financing entity” means the electrical corporation or any subsidiary or affiliate of the electrical corporation that is authorized by the commission to issue recovery bonds or acquire recovery property, or both.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Financing order” means an order of the commission adopted in accordance with this article, which shall include, without limitation, a procedure to require the expeditious approval by the commission of periodic adjustments to fixed recovery charges and to any associated fixed recovery tax amounts included in that financing order to ensure recovery of all recovery costs and the costs associated with the proposed recovery, financing, or refinancing thereof, including the costs of servicing and retiring the recovery bonds contemplated by the financing order.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Fixed recovery charges” means those nonbypassable rates and other charges, including, but
not limited to, distribution, connection, disconnection, and termination rates and charges, that are authorized by the commission in a financing order to recover both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Recovery costs specified in the financing order.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The costs of recovering, financing, or refinancing those recovery costs through a plan approved by the commission in the financing order, including the costs of servicing and retiring recovery bonds.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Fixed recovery tax amounts” means those nonbypassable rates and other charges, including, but not limited to, distribution, connection, disconnection, and termination rates and charges, that are needed to recover federal and State of California income and franchise taxes associated with fixed recovery charges authorized by the commission in a financing order, but are not
approved as financing costs financed from proceeds of recovery bonds.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Recovery bonds” means bonds, notes, certificates of participation or beneficial interest, or other evidences of indebtedness or ownership, issued pursuant to an executed indenture or other agreement of a financing entity, the proceeds of which are used, directly or indirectly, to recover, finance, or refinance recovery costs, and that are directly or indirectly secured by, or payable from, recovery property.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
“Recovery costs” means any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The catastrophic wildfire amounts or costs pursuant to paragraph (2) of subdivision (a) authorized by the commission in a financing order for recovery.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The incremental undercollection amounts that the commission
authorizes for recovery in a financing order pursuant to paragraph
(4) of subdivision (a).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Federal and State of California income and franchise taxes associated with recovery of the amounts pursuant to subparagraph (A) or (B).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Financing costs.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Professional fees, consultant fees, redemption premiums, tender premiums, and other costs incurred by the electrical corporation in using proceeds of recovery bonds to acquire outstanding securities of the electrical corporation, as authorized by the commission in a financing order.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Recovery property” means the property right created pursuant to this article, including, without limitation, the right, title, and interest of the electrical corporation or its transferee:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
In and to the fixed recovery charges established pursuant to a financing order, including all rights to obtain adjustments to the fixed recovery charges in accordance with Section 850.1 and the financing order.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
To be paid the amount that is determined in a financing order to be the amount that the electrical corporation or its transferee is lawfully entitled to receive pursuant to the provisions of this article and the proceeds thereof, and in and to all revenues, collections, claims, payments, moneys, or proceeds of or arising from the fixed recovery charges that are the subject of a financing order.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Recovery property” shall not include a right to be paid fixed recovery tax amounts.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
“Recovery property” shall constitute a current property
right, notwithstanding the fact that the value of the property right will depend on consumers using electricity or, in those instances where consumers are customers of the electrical corporation, the electrical corporation performing certain services.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Revenue balancing account” means a balancing account reflecting the balance between the electrical corporation’s authorized revenue requirements relating to the volumetric sale of electricity and billed revenues associated with those sales. A revenue balancing account includes accounts reflecting the balance between the electrical corporation’s authorized distribution base revenue requirements and recorded billed revenues from authorized distribution rates, and accounts reflecting the difference between the amount of the discount provided to consumers enrolled in the California Alternative Rates for Energy (CARE) program and the CARE surcharge charged to non-CARE
consumers.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Revenue balancing account” shall not include amounts reflecting the balance between costs and expenses relating to fuel and purchased electricity by the electrical corporation.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
“Service territory” means the geographical area that the electrical corporation provides with electrical distribution service.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
“True-up adjustment” means a formulaic adjustment to the fixed recovery charges as they appear on customer bills that is necessary to correct for any overcollection or undercollection of the fixed recovery charges authorized by a financing order and to otherwise ensure the timely and complete payment and recovery of recovery costs over the authorized repayment term.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_855C8979-EAC2-4FA3-A947-1C61C73F935C">
<ns0:Num>SEC. 126.</ns0:Num>
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Section 3299.2 of the
<ns0:DocName>Public Utilities Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_A2F654F1-7FCC-4343-AD2C-87C82010AC78">
<ns0:Num>3299.2.</ns0:Num>
<ns0:LawSectionVersion id="id_C9ECF9E6-97AD-4FC5-A73D-25A40752CA8B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Within 15 days of receiving the notification pursuant to Section 3299.1, the commission shall initiate a rulemaking proceeding to consider using its authority pursuant to Section 701 to require each large electrical corporation to collect a nonbypassable charge from ratepayers of each large electrical corporation to support the account, including the payment of bonds issued pursuant to paragraph (2) of subdivision (a) of Section 80540 of the Water Code, in an amount sufficient to fund the revenue requirement as established pursuant to Section 80524 of the Water Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the commission determines that the imposition of the charge described in subdivision (a) is just and reasonable, and that it is just and reasonable to exercise its authority pursuant to
Section 701 to do so, the commission shall direct each large electrical corporation to impose and collect that charge commencing February 1, 2036. The charge shall be collected in the same manner as that for the payments made to reimburse the Department of Water Resources under paragraph (2) of subdivision (a) of Section 3289.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding any other law, no later than 90 days after the initiation of the rulemaking proceeding, the commission shall adopt a decision regarding the imposition of the charge.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding Sections 455.5 and 1708, or any other law, the commission shall not revise, amend, or otherwise modify a decision to impose a charge imposed pursuant to this section before January 1, 2046.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_E65E0299-4D3A-478E-A4B5-1E581274EDA3">
<ns0:Num>SEC. 127.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:PUC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'3310.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 3310 of the
<ns0:DocName>Public Utilities Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_D4DC8BDD-ED86-4EAA-B815-E0BBD86F2503">
<ns0:Num>3310.</ns0:Num>
<ns0:LawSectionVersion id="id_15DE019C-644B-4B97-9506-F579F313EE4F">
<ns0:Content>
<html:p>The authority may only exercise its powers pursuant to Article 4 (commencing with Section 3340) of Chapter 3 for the following purposes:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Establish, finance, purchase, lease, own, operate, acquire, or construct generating facilities and other projects and enterprises, on its own or through agreements with public and private third parties or joint ventures with public or private entities, or provide financial assistance for projects or programs by participating parties, to supplement private and public sector power supplies, taking into account generation facilities in operation or under development as of August 13, 2001, and to ensure a sufficient and reliable supply of electricity for California’s consumers at just and reasonable rates.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Sponsor, finance, purchase, lease, own, operate, acquire, or construct an eligible transmission project, as defined in Section 63049.71 of the Government Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Finance programs, administered by the Energy Commission, the commission, and other approved participating parties for consumers and businesses to invest in cost-effective energy efficient appliances, renewable energy projects, and other programs that will reduce the demand for energy in California.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Finance natural gas transportation and storage projects under former Article 7 (commencing with former Section 3368) of Chapter
3, as that article read prior to January 1, 2017.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Achieve an adequate energy reserve capacity in California within five years of August 13, 2001.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Provide financing for owners of aged, inefficient, electric powerplants to perform necessary retrofits to improve the efficiency and environmental performances of those powerplants.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_7BB71F1D-3E22-489F-B95D-A7DAC5DAB1B2">
<ns0:Num>SEC. 128.</ns0:Num>
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The heading of Article 7 of Chapter 3 of Division 1.5 of the
<ns0:DocName>Public Utilities Code</ns0:DocName>
is repealed.
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<ns0:Fragment/>
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<ns0:BillSection id="id_4D2DD0BD-2FD6-4CF0-A186-6404982B9370">
<ns0:Num>SEC. 129.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:PUC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'10.'%5D)" ns3:label="fractionType: LAW_HEADING||version: Chapter 10 added by Stats. 2025, Ch. 407, Sec. 4. [id_3392b0b0-c62b-11f0-975c-e301db986e9c]||commencingWith: 8500" ns3:type="locator">
The heading of Chapter 10 (commencing with Section 8500) of Division 4.1 of the
<ns0:DocName>Public Utilities Code</ns0:DocName>
, as added by Section 4 of Chapter 407 of the Statutes of 2025, is amended to read:
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<ns0:Fragment>
<ns0:LawHeading id="id_8F2B5632-2C99-4363-9ED5-FADAAE035888" type="CHAPTER">
<ns0:Num>11.</ns0:Num>
<ns0:LawHeadingVersion id="id_2EAC1BC0-29DF-41C5-9781-D63111FD1217">
<ns0:LawHeadingText>Energy Storage Systems</ns0:LawHeadingText>
</ns0:LawHeadingVersion>
</ns0:LawHeading>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_9F36AB60-5C76-4898-8A3D-837CB8C521CC">
<ns0:Num>SEC. 130.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:PUC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'8501.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 8501 of the
<ns0:DocName>Public Utilities Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_CB152217-368C-4B82-A8F6-B89654A91A0E">
<ns0:Num>8501.</ns0:Num>
<ns0:LawSectionVersion id="id_C6562BD2-CB1E-437B-8C5B-8452E3BC420A">
<ns0:Content>
<html:p>An application submitted to a local jurisdiction for an energy storage system shall include the applicant’s certification that, at least 30 days before submitting the application, the applicant met and conferred with the authority that has jurisdiction over fire suppression in the area where the energy storage system is proposed and discussed the energy storage system design, sought input on mitigating potential fire and life safety concerns, and sought input on the content of emergency action plans required by Section 761.3 of the Public Utilities Code. The application shall include documentation of this consultation, including the date,
the names and titles of participants, a summary of fire safety matters discussed, and a description of how the application addresses those matters.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_948FBE5F-716D-43ED-A644-4202714037B1">
<ns0:Num>SEC. 131.</ns0:Num>
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Section 180305 of the
<ns0:DocName>Public Utilities Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_3680CFF6-C8E7-42C6-A879-5028229F480D">
<ns0:Num>180305.</ns0:Num>
<ns0:LawSectionVersion id="id_ADD5EAED-CF08-4EB5-9831-A6CAF8EA9830">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An ordinance and corresponding expenditure plan may be imposed by the authority in a geographic area that comprises less than the total area of the County of Sacramento, including its incorporated cities, subject to the guidelines set forth in subdivision (c).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An ordinance and expenditure plan described in paragraph (1) shall be adopted by at least a two-thirds vote of the total membership of the governing board.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An ordinance described in paragraph (1) shall be subject to voter approval by the electors in the area to which the tax applies.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding Section 180102, if an ordinance and
expenditure plan for a portion of the County of Sacramento are approved pursuant to the process set forth in Chapter 5 (commencing with Section 180200), all subsequent governing board decisions and actions related to implementation of that ordinance and expenditure plan, including an action to amend the expenditure plan pursuant to Section 180207, shall be made by a majority of both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Those members representing the city or cities subject to the ordinance, as applicable.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
All members appointed from the board of supervisors.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The governing board shall determine the area to which the tax would
apply before the electors vote on the measure. If the tax only applies to a portion of the county, all of the following shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The incorporated area of a city within the county shall be either wholly included or wholly excluded from the area to be taxed.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The unincorporated area of the county shall either be wholly included or wholly excluded from the area to be taxed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The area to be taxed shall include at least the incorporated area from two cities or the incorporated area from one city and the unincorporated area from the county.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
All revenues derived from the tax shall be expended for the primary benefit of the portion of the county in which the tax is imposed. Expenditures made within that portion of the county are deemed to
confer a primary benefit. The authority shall, as part of the expenditure plan, adopt objective eligibility guidelines that define primary benefit. The expenditure plan, including those guidelines, shall be made readily accessible to voters in the manner required by Section 180203. Any revenues derived from the tax shall supplement, and not supplant, other transportation revenues available to the portion of the county to which the tax applies.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding subdivision (b) of Section 180206, an expenditure plan applicable to a portion of the county shall not be adopted until it has received the approval of the board of supervisors and of the city councils representing both a majority of the cities included within the area subject to the tax and a majority of the population residing in the incorporated areas subject to the tax.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Unless otherwise stated in this chapter, the
other provisions of this division that apply to an ordinance and expenditure plan shall also apply to an ordinance and expenditure plan applicable to a portion of the county, including the authority to issue bonds pursuant to Chapter 6 (commencing with Section 180250).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The term “district,” as defined and used in Sections 7252, 7261, and 7262 of the Revenue and Taxation Code, shall not be interpreted to preclude the authority from imposing a transactions and use tax in accordance with the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code) in an area that comprises less than the total geographic jurisdiction of the authority, so long as all other applicable requirements of that law are complied with.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_61CE41EF-C139-447B-902A-F3B17E8F839A">
<ns0:Num>SEC. 132.</ns0:Num>
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Section 17053.40 of the
<ns0:DocName>Revenue and Taxation Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_0C54EF48-2B76-4BA5-850B-AC3562D486FA">
<ns0:Num>17053.40.</ns0:Num>
<ns0:LawSectionVersion id="id_28320DBB-A968-4821-9532-EEC3821EBCE2">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For taxable years beginning on or after January 1, 2026, and before January 1, 2036, there shall be allowed to a qualified taxpayer, a credit against the “net tax,” as defined in Section 17039, in an amount equal to 20 percent of the qualified expenditures paid or incurred by the qualified taxpayer during the taxable year, not to exceed twenty million dollars ($20,000,000) per qualified taxpayer per taxable year.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Bank” means the California Infrastructure and Economic Development Bank established under Chapter 2 (commencing with Section 63021) of
Division 1 of Title 6.7 of the Government Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Eligible transmission project” has the same meaning as defined in Section 63049.71 of the Government Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Qualified expenditures” means costs paid or incurred for planning, design, engineering, permitting, construction, and equipment directly related to the eligible transmission project or qualified wages paid or incurred to employees of a qualified taxpayer that perform services directly related to the eligible transmission project.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Qualified taxpayer” means a taxpayer that is a participating party, as defined in subdivision (h) of section 63049.71 of the
Government Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Qualified wages” means wages subject to withholding under Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
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 taxable year, and succeeding seven years if necessary, until the credit is exhausted.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the credit allowed by this section is claimed by the qualified taxpayer, a deduction otherwise allowed under this part for any amount of qualified expenditures paid or incurred by the qualified taxpayer shall be reduced by the amount of the qualified expenditures taken into account in calculating the credit allowed by this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If the credit allowed
by this section is claimed by the qualified taxpayer, the taxpayer shall not earn a return on equity for the eligible transmission project pursuant to Article 10.5 (commencing with Section 63049.71) of Chapter 2 of Division 1 of Title 6.7 of the Government Code for the portion of the project for which the credit is claimed.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The bank shall inform the Franchise Tax Board of any eligible transmission project that the bank approves for financial assistance pursuant to subdivision (i) of Section 63049.73 of the Government Code and shall provide any other information the Franchise Tax Board requires for administration of the credit allowed by this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The Franchise Tax Board may prescribe regulations that are necessary or appropriate to carry out the purposes of this section.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Section 41
does not apply to this section.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section shall remain in effect only until December 1, 2036, and as of that date is repealed.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_4AA843EC-9221-4590-8AC4-B9F391881AAD">
<ns0:Num>SEC. 133.</ns0:Num>
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Section 19002 of the
<ns0:DocName>Revenue and Taxation Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_2BDA1A35-72E8-403B-95E9-4ED296B219D6">
<ns0:Num>19002.</ns0:Num>
<ns0:LawSectionVersion id="id_23224BE2-EC21-4673-AABD-9A26A2BBA514">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The amount withheld under Article 5 (commencing with Section 18661) of Chapter 2 or Section 13020 of the Unemployment Insurance Code during any calendar year shall be allowed to the recipient of the income as a credit against the tax for the taxable year with respect to which the amount was withheld.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In the case of a partnership, limited liability company classified as a partnership for California income tax purposes, or “S” corporation filing a group return as
agent for electing nonresident partners or shareholders in accordance with Section 18535, for purposes of this part, the amount withheld under Article 5 (commencing with Section 18661) of Chapter 2 during any taxable year shall be allowed as a credit attributable to the partnership, limited liability company, or S corporation on the group return for the taxable year with respect to which that amount was withheld.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of Section 19306, any tax actually deducted and withheld during any calendar year under Article 5 (commencing with Section 18661) of Chapter 2 or Section 13020 of the Unemployment Insurance Code shall, in respect of the recipient of the income, be deemed to have been paid on the last day prescribed for filing the return under Article 1 (commencing with Section 18501) or Article 2 (commencing with Section 18601) of Chapter 2 (without regard to any extension of time for filing the return), with
respect to which the tax is allowable as a credit under subdivision (a) or (b).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of Sections 19306 and 19340, any amount paid as estimated tax under Section 19025 or 19136 of this code or Section 13043 of the Unemployment Insurance Code for any taxable year shall be deemed to have been paid on the last day prescribed for filing the return under Article 1 (commencing with Section 18501) or Article 2 (commencing with Section 18601) of Chapter 2 (without regard to any extension of time for filing the return).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding subdivision (b) or (c), for purposes of Section 19306 with respect to any tax deducted and withheld under Article 5 (commencing with Section 18661) of Chapter 2 or Section 13020 of the Unemployment Insurance
Code, both of the following shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If a return is filed before the due date for that return, the return shall be considered filed on the due date.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a tax with respect to an amount paid is paid before the due date for that return, the tax shall be considered paid on the due date.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If any overpayment of income tax is claimed as a credit against estimated tax for the succeeding taxable year, that amount shall be considered as a payment of estimated tax in accordance with Section 19007, for the succeeding taxable year, and no claim for credit or refund of the overpayment shall be allowed for the taxable year in which the overpayment arises.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
In the case of a nonresident alien electing to file in a
group return pursuant to Section 18537, the amount withheld under Article 5 (commencing with Section 18661) of Chapter 2 or Section 13020 of the Unemployment Insurance Code during any calendar year shall be allowed to the recipient of the income as a credit against the tax for the taxable year with respect to which the amount was withheld.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_4262B369-8087-4D42-9AC1-F2439A2E69EE">
<ns0:Num>SEC. 134.</ns0:Num>
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Section 23640 of the
<ns0:DocName>Revenue and Taxation Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_1093B09E-2E7F-4AEC-B5C7-740E4366D385">
<ns0:Num>23640.</ns0:Num>
<ns0:LawSectionVersion id="id_060BBB08-D6EA-48C5-80C7-C069B464E66A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For taxable years beginning on or after January 1, 2026, and before January 1, 2036, there shall be allowed to a qualified taxpayer, a credit against the “tax,” as defined in Section 23036, in an amount equal to 20 percent of the qualified expenditures paid or incurred by the qualified taxpayer during the taxable year, not to exceed twenty million dollars ($20,000,000) per qualified taxpayer per taxable year.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Bank” means the California Infrastructure and Economic Development Bank established under Chapter 2 (commencing with Section 63021) of Division 1
of Title 6.7 of the Government Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Eligible transmission project” has the same meaning as defined in Section 63049.71 of the Government Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Qualified expenditures” means costs paid or incurred for planning, design, engineering, permitting, construction, and equipment directly related to the eligible transmission project or qualified wages paid or incurred to employees of a qualified taxpayer that perform services directly related to the eligible transmission project.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Qualified taxpayer” means a taxpayer that is a participating party, as defined in subdivision (h) of section 63049.71 of the Government
Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Qualified wages” means wages subject to withholding under Division 6 (commencing with Section 13000) of the Unemployment Insurance Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
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 taxable year, and succeeding seven years if necessary, until the credit is exhausted.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the credit allowed by this section is claimed by the qualified taxpayer, a deduction otherwise allowed under this part for any amount of qualified expenditures paid or incurred by the qualified taxpayer shall be reduced by the amount of the qualified expenditures taken into account in calculating the credit allowed by this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If the credit allowed by this section is
claimed by the qualified taxpayer, the taxpayer shall not earn a return on equity for the eligible transmission project pursuant to Article 10.5 (commencing with Section 63049.71) of Chapter 2 of Division 1 of Title 6.7 of the Government Code for the portion of the project for which the credit is claimed.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The bank shall inform the Franchise Tax Board of any eligible transmission project that the bank approves for financial assistance pursuant to subdivision (i) of Section 63049.73 of the Government Code and shall provide any other information the Franchise Tax Board requires for administration of the credit allowed by this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The Franchise Tax Board may prescribe regulations that are necessary or appropriate to carry out the purposes of this section.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Section 41
does not apply to this section.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section shall remain in effect only until December 1, 2036, and as of that date is repealed.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6AC5E176-71A8-4921-91C4-5B3DB2556F16">
<ns0:Num>SEC. 135.</ns0:Num>
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Section 21201 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_72EC4337-B133-4B7C-90AA-E35985DB9C2A">
<ns0:Num>21201.</ns0:Num>
<ns0:LawSectionVersion id="id_D90B0C52-846C-4762-966F-48FFE22F8205">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person shall not operate a bicycle on a roadway unless it is equipped with a brake that will enable the operator to make one braked wheel skid on dry, level, clean pavement.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A person shall not operate on the highway a bicycle equipped with handlebars so raised that the operator must elevate their hands above the level of their shoulders in order to grasp the normal steering grip area.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A person shall not operate upon a highway a bicycle that is of a size that prevents the operator from safely stopping the bicycle, supporting it in an upright position with at least one foot on the ground, and restarting it in a safe manner.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A bicycle operated during darkness on a highway, a sidewalk where bicycle operation is not prohibited by the local jurisdiction, or a bikeway, as defined in Section 890.4 of the Streets and Highways Code, shall be equipped with all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A lamp emitting a white light that, while the bicycle is in motion, illuminates the highway, sidewalk, or bikeway in front of the bicyclist and is visible from a distance of 300 feet in front and from the sides of the bicycle.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A red reflector or a solid or flashing red light with a built-in reflector on the rear that shall be visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A white or yellow reflector on each pedal, shoe, or ankle visible from the front and rear of
the bicycle from a distance of 200 feet.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A white or yellow reflector on each side forward of the center of the bicycle and a white or red reflector on each side to the rear of the center of the bicycle, except that bicycles that are equipped with reflectorized tires on the front and the rear need not be equipped with these side reflectors.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The reflectors and reflectorized tires shall be of a type meeting requirements established by the department.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A lamp or lamp
combination emitting a white light, attached to the operator and visible from a distance of 300 feet in front and from the sides of the bicycle, may be used in lieu of the lamp required by paragraph (1) of subdivision (d).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
An electric bicycle shall comply with paragraph (2) of subdivision (d) during all hours.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_4455460E-B8B1-46F8-B4B0-4E6818561908">
<ns0:Num>SEC. 136.</ns0:Num>
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Section 21450.5 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5C4D01C7-E496-407D-B57A-DBB98C544406">
<ns0:Num>21450.5.</ns0:Num>
<ns0:LawSectionVersion id="id_D366C007-1E71-4232-BF69-855E091DD448">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
As used in this section, the following terms have the following definitions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Accessible pedestrian signal” or “APS” means an integrated device that communicates information about the “WALK” and “DON’T WALK” intervals at signalized intersections in nonvisual formats, including audible tones, speech messages, and vibrotactile surfaces, to pedestrians who are blind or have low vision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Leading pedestrian interval” or “LPI” means an official traffic control signal that advances the “WALK” signal for three to seven seconds while the red signal halting traffic continues to be displayed on parallel through or turning traffic.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Pedestrian hybrid beacon” means a special type of hybrid beacon used to warn and control traffic at an unsignalized location to assist pedestrians in crossing a street or highway at a marked crosswalk. Following an actuation by a pedestrian, a pedestrian hybrid beacon face shall display to motorists and bicyclists a flashing CIRCULAR YELLOW signal indication, followed by a steady CIRCULAR YELLOW signal indication, followed by both steady CIRCULAR RED signal indications during the pedestrian walk interval and followed by alternating flashing CIRCULAR RED signal indications during the pedestrian change interval. Upon termination of the pedestrian change interval, the pedestrian hybrid beacon faces shall revert to a dark, not illuminated, condition. When a pedestrian makes an actuation, they shall wait for a “WALK” signal to appear on the pedestrian head in order to proceed. After the countdown, a “DON’T WALK” signal appears, and the pedestrian hybrid beacon has to be activated again to
initiate a “WALK” signal.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Replaced” or “replacement” means the relocation or exchange in place of all existing signal poles at an intersection with new signal poles.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A “traffic-actuated signal” is an official traffic control signal, as specified in Section 445, that displays one or more of its indications in response to the presence of traffic detected by mechanical, visual, electrical, or other means.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Caltrans” means the Department of Transportation.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Upon the first placement of a traffic-actuated signal or replacement of the loop detector of a traffic-actuated signal, the traffic-actuated signal shall, to the extent feasible and in conformance with professional traffic engineering practice, be installed and maintained to detect lawful
bicycle or motorcycle traffic on the roadway.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Cities, counties, and cities and counties shall not be required to comply with the provisions contained in subdivision (b) until the Department of Transportation, in consultation with these entities, has established uniform standards, specifications, and guidelines for the detection of bicycles and motorcycles by traffic-actuated signals and related signal timing.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
At crosswalks with state-owned or -operated traffic-actuated signals and pedestrian hybrid beacons with pedestrian signal heads, the walk indication and other visual signals, including, but not limited to, LPIs and countdown pedestrian signals, shall comply with the California Manual on Uniform Traffic Control Devices (CA MUTCD), 4E.11. These pedestrian signal heads shall have an APS pushbutton or touch-free APS that activates “WALK” and
“DON’T WALK” intervals and other visual signals at signalized intersections in nonvisual formats, including, but not limited to, audible tones, speech messages, and vibrotactile surfaces. These features shall be activated, maintained, and available at all times of the day.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Touch-free APS shall be installed at new signalized pedestrian crossings on capital projects on the state highway system, defined in Section 300 of the Streets and Highways Code, encroachment permit projects, and highway maintenance-funded projects according to the following schedule:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Capital outlay support projects that have a ready-to-list date.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Capital outlay support projects that are in construction before October 18, 2021.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Encroachment permit projects that have been approved on or after October 18, 2021.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Highway maintenance-funded projects that have a
ready-to-list date on or after October 18, 2021.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
When a touch-free APS is installed at an existing signalized pedestrian crossing, or in response to a federal Americans with Disabilities Act (ADA) access request, on capital projects on the state highway system, all APS at that location shall be upgraded to touch-free APS.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The installation of touch-free APS shall not require the upgrading of other ADA components, including, but not limited to, curb ramps or sidewalks, unless those components are disturbed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
When performing maintenance and
repair activities on capital projects on the state highway system, as defined in Section 300 of the Streets and Highways Code, encroachment permit projects, and highway maintenance-funded projects, the maintenance and repair shall consider using touch-free APS.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Unsignalized pedestrian crossings at signalized intersections, including, but not limited to, intersections with free-right turns, may remain unsignalized.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Upon the first placement or replacement of a state-owned or -operated traffic-actuated signal, the traffic-actuated signal shall be installed and maintained to have an LPI and a touch-free APS, in compliance with the California Manual on Uniform Traffic Control Devices (CA MUTCD). The touch-free APS shall be activated.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Caltrans shall implement LPIs on existing
state-owned or -operated traffic-actuated signals capable of being implemented with remote installation or in-person programming when maintenance work is done on the intersection in which the traffic-actuated signal is located, if the traffic-actuated signal is in any of the following areas, unless prohibited by the CA MUTCD:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A residential district, as determined by Section 22507.5.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A business district, as defined in Sections 235 and 240.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A business activity district, as defined in Section 22358.9.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A safety corridor, as defined in Section 2B.13 of the CA MUTCD.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A school zone, as defined in Section 1A.13.185 of the CA MUTCD.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Areas with a high concentration of pedestrians and cyclists, as defined in Section 2B.13 and Table 2B.106(CA) of the CA MUTCD.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
As soon as practicable, all existing state-owned or -operated traffic signals located in the areas described in subparagraphs (A) to (F), inclusive, of paragraph (2) shall be identified and recorded in the Caltrans Management System (TMS) inventory database to assist future annual operational review requirements and coordination with local agencies for delegated signals. LPIs shall be implemented at these existing state-owned or -operated traffic signal locations at the next opportunity for regularly scheduled operational reviews. Traffic signals that have been implemented with LPIs shall be recorded in the TMS inventory database.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
As soon as practicable,
Caltrans’ district signal operations units shall formally notify, in writing, local agencies operating state-owned traffic-actuated signals in areas described in subparagraphs (A) to (F), inclusive, of paragraph (2), about the opportunity to implement LPI on the signals. Additionally, these local agencies shall report their implementation of LPIs at these locations to Caltrans so the locations can be included in the TMS inventory database.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For existing traffic signals not in areas described in subparagraphs (A) to (F), inclusive, of paragraph (2), Caltrans shall follow the same criteria for implementing LPIs in paragraph (2).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Depending on the physical location and traffic conditions, locations where LPIs have been implemented pursuant to this subdivision may restrict turns on red using illuminated blank out signs and enhanced signing. LPIs are to be implemented at existing
signals with touch-free APS and pedestrian countdown signals.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_0ADF352B-5F0A-40B5-82AC-B18E88C8D6CF">
<ns0:Num>SEC. 137.</ns0:Num>
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Section 351 of the
<ns0:DocName>Water Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_0716ACC3-9254-4E39-A2EF-299AA58709AD">
<ns0:Num>351.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except in the event of a wildfire, a deenergization event, or a breakage or failure of a dam, pump, pipeline, or conduit causing an immediate emergency, the governing body of a public water supplier shall make a declaration pursuant to Section 350 only after a public hearing at which consumers of the water supply shall have an opportunity to be heard to protest the declaration and to present their respective needs to the governing board.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, a “deenergization event” means a planned power outage, undertaken by an electrical corporation, as defined in Section 218 of the Public Utilities Code, to reduce the risk of wildfires caused by utility equipment, pursuant to Public Utilities Commission Resolution ESRB-8 and any decisions issued by
the commission, the former Wildfire Safety Division, as set forth in
Section 326 of the Public Utilities Code, the Office of Energy Infrastructure Safety, or any other agency with authority over electrical corporations. A deenergization event commences when an electrical corporation provides notice to any state agency or political subdivision of the potential need to initiate a planned deenergization of the electrical grid, and ceases when the electrical corporation restores electrical services to all deenergized customers, or at such time as the electrical corporation cancels the deenergization event for some or all of its affected customers, and rescinds the notice of the potential need to initiate the deenergization event. A deenergization event does not include any planned outages in connection with regular utility work.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_21C12A05-7F1E-4F04-9EEF-9B7112C248BF">
<ns0:Num>SEC. 138.</ns0:Num>
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Section 50976 of the
<ns0:DocName>Water Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_E2611D46-9B0C-436B-B471-F8A6216AE5FE">
<ns0:Num>50976.</ns0:Num>
<ns0:LawSectionVersion id="id_31FC6693-F0FF-4A9B-B8C0-9CB1B6D24B0B">
<ns0:Content>
<html:p>The ballots at the election shall contain a brief statement of the general purpose of the contract substantially as stated in the notice of election and the amount of money to be paid to the United States under the contract. To the right of or below the statement, the words “Yes” and “No” shall be printed on separate lines, with voting targets.</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_D30615E6-6882-4FFD-B606-F7E87B7547F2">
<ns0:Num>SEC. 139.</ns0:Num>
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Section 60385 of the
<ns0:DocName>Water Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5C6FA71E-0392-4900-AD07-E520822A0C5A">
<ns0:Num>60385.</ns0:Num>
<ns0:LawSectionVersion id="id_FF7693E4-0723-400B-9890-35390656507C">
<ns0:Content>
<html:p>The measure so submitted at such election shall be stated on the ballot substantially as follows: “Shall ____ (giving the name or other designation of the territory proposed to be annexed, as stated in the notice of election) be annexed to ____ (name of water replenishment district) subject to the terms and conditions fixed by the board of directors of said district?” To the right of or below the proposition, the words “Yes” and “No” shall be printed on separate lines, with voting targets.</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_631F25A2-1E20-403B-A9A9-25C6629FE221">
<ns0:Num>SEC. 140.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WAT:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'18.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'60414.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 60414 of the
<ns0:DocName>Water Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C77EF817-5253-4779-9A79-0C0A215B0938">
<ns0:Num>60414.</ns0:Num>
<ns0:LawSectionVersion id="id_4281CB9F-6139-439D-880C-F6FE1EC5A4A1">
<ns0:Content>
<html:p>Notice of the election shall be published in the district pursuant to Section 6063 of the Government Code. Publication shall be complete at least 7, but not more than 28, days prior to the date fixed for the election. The notice shall describe the boundaries of the area so proposed to be excluded and shall designate the area by some appropriate name, or other words of identification, by which the area may be referred to and indicated upon the ballot to be used at any election at which the question of the exclusion is submitted, as in this act provided. The measure so submitted at the election shall be stated on the ballot substantially as follows:</html:p>
<html:p>“Shall ____ (giving the name or other designation of the area proposed to be excluded, as stated in the notice of election) be excluded from ____ (name of water
replenishment district)?” To the right of or below the proposition, the words
“Yes” and “No” shall be printed on separate lines, with voting targets.</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_F8BC0237-CDBE-4C06-A77B-292FDCCDB0F2">
<ns0:Num>SEC. 141.</ns0:Num>
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Section 74467 of the
<ns0:DocName>Water Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B661511E-25F3-431B-B70A-98919373CC45">
<ns0:Num>74467.</ns0:Num>
<ns0:LawSectionVersion id="id_51A6C152-1AC1-4D37-907A-1F8A3762BCCC">
<ns0:Content>
<html:p>The election on the proposed redivision of the district shall be held in the same manner as elections for the formation of a district so far as applicable. No particular form of ballot shall be required except that the ballot shall contain the words “Shall ____ Water Conservation District representation be based on (population) (area) rather than on (area) (population) (and shall the number of ____ Water Conservation District directors be (increased) (decreased) from ____ to ____)?” To the right of or below those words, the words “Yes” and “No”
shall be printed on separate lines, with voting targets. Any proposed redivision or change in number of directors shall become effective if a majority of the electors voting in the election vote “yes” on the question.</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_FCCB660C-DBC2-4D12-BE08-27B1B2D8D89A">
<ns0:Num>SEC. 142.</ns0:Num>
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Section 74850 of the
<ns0:DocName>Water Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_572F78D9-A376-41F2-A8DB-A3A8790D6865">
<ns0:Num>74850.</ns0:Num>
<ns0:LawSectionVersion id="id_681B72D9-FD34-462D-A032-01AE8EE3D806">
<ns0:Content>
<html:p>If two-thirds of the votes cast upon the proposition at the bond election favor the proposition submitted, the proposition shall be deemed to have been accepted by the voters and to authorize the incurring of a bonded indebtedness and the issuance of bonds in the amount of and for the purpose stated in the proposition.</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_19C38F80-0702-4D4D-A2DD-42EA7D1D3620">
<ns0:Num>SEC. 143.</ns0:Num>
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Section 309 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_9E0BCD6A-923D-4586-96A7-CC73880DE216">
<ns0:Num>309.</ns0:Num>
<ns0:LawSectionVersion id="id_FD34B350-8A84-4764-B6CE-E4C7BA7D2538">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Upon delivery to the social worker of a child who has been taken into temporary custody under this article, the social worker shall immediately investigate the circumstances of the child and the facts surrounding the child’s being taken into custody and attempt to maintain the child with the child’s family through the provision of services. The social worker shall immediately release the child to the custody of the child’s parent, guardian, Indian custodian, or relative, regardless of the parent’s, guardian’s, Indian custodian’s, or relative’s immigration status, unless one or more of the following conditions exist:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The child has no parent, guardian, Indian custodian, or relative willing to provide care for the child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Continued detention of the child is a matter of immediate and urgent necessity for the protection of the child and there are no reasonable means by which the child can be protected in their home or the home of a relative.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If it is known or there is reason to know the child is an Indian child, the child has been physically removed from the custody of a parent or parents or an Indian custodian, continued detention of the child continues to be necessary to prevent imminent physical damage or harm to the child, and there are no reasonable means by which the child can be protected if maintained in the physical custody of their parent or parents or Indian custodian.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
There is substantial evidence that a parent, guardian, or Indian custodian of the child is likely to flee the jurisdiction of the court, and, in the case
of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The child has left a placement in which the child was placed by the juvenile court.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The parent or other person having lawful custody of the child voluntarily surrendered physical custody of the child pursuant to Section 1255.7 of the Health and Safety Code and did not reclaim the child within the 14-day period specified in subdivision (g) of that section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In any case in which there is reasonable cause for believing that a child who is under the care of a physician and surgeon or a hospital, clinic, or other medical facility, cannot be immediately
moved and is a person described in Section 300, the child shall be deemed to have been taken into temporary custody and delivered to the social worker for the purposes of this chapter while the child is at the office of the physician and surgeon or the medical facility.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the child is not released to their parent or guardian, the child shall be deemed detained for purposes of this chapter.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If a relative, as defined in Section 319, an extended family member of an Indian child, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, is available and requests emergency placement of the child pending the detention hearing, or after the detention hearing and pending the
dispositional hearing conducted pursuant to Section 358, the county welfare department shall initiate an assessment of the relative’s or nonrelative extended family member’s suitability for emergency placement pursuant to Section 361.4.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upon completion of the assessment pursuant to Section 361.4, the child may be placed in the home on an emergency basis. Following the emergency placement of the child, the county welfare department shall evaluate and approve or deny the home pursuant to Section 16519.5. If the home in which the Indian child is placed is licensed or approved by the child’s tribe, the provisions of Section 16519.5 do not apply for further approval. The county shall require the relative or nonrelative extended family member to submit an application for approval as a resource family and initiate the home environment assessment no later than five business days after the placement.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the sole issue preventing an emergency placement of a child with a relative or nonrelative extended family member is a lack of resources, including, but not limited to, physical items such as cribs and car seats, the agency shall use reasonable efforts to assist the relative or nonrelative extended family member in obtaining the necessary items within existing available resources. The department shall work with counties and stakeholders to issue guidance regarding reasonable efforts requirements.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the child is removed, the social worker shall conduct, within 30 days, an investigation in order to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling, adult siblings, other adult relatives of the child, as defined in paragraph (2) of subdivision (h) of Section 319, including any other
adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). As used in this section, “sibling” means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent. The social worker shall provide to all adult relatives who are located, except when that relative’s history of family or domestic violence makes notification inappropriate, within 30 days of removal of the child, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The child has been removed from the custody of their parent or parents, guardian or guardians, or Indian custodian.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An explanation of the various options to participate in the care and placement of the child and support for the child’s family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a resource family, additional services and support that are available in out-of-home placements, and, if it is known or there is reason to know the child is an Indian child, the option of obtaining approval for placement through the tribe’s license or approval procedure. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers
(Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), adoption, and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. The State Department of Social Services, in consultation with the County Welfare Directors Association of California and other interested stakeholders, shall develop the written notice.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The social worker shall also provide the adult relatives notified pursuant to paragraph (1) with a relative information form to provide information to the social worker and the court regarding the needs of the child. The form shall include a provision whereby the relative may request the permission of the court to address the court, if the relative so chooses. The Judicial Council, in consultation with the State Department of Social Services and the County Welfare Directors Association of
California, shall develop the form.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The social worker shall use due diligence in investigating the names and locations of the relatives, as well as any parent and alleged parent, pursuant to paragraph (1), including, but not limited to, asking the child in an age-appropriate manner about any parent, alleged parent, and relatives important to the child, consistent with the child’s best interest, and obtaining information regarding the location of the child’s parents, alleged parents, and adult relatives. Each county welfare department shall do all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify themselves to the county welfare department and the county welfare department shall provide parents and relatives with the notices required by
paragraphs (1) and (2).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notify the State Department of Social Services, on or before January 1, 2024, in an email or other correspondence, whether it has adopted one of the suggested practices for family finding described in All-County Letter 18-42 and, generally, whether the practice has been implemented through training, memoranda, manuals, or comparable documents. If a county welfare department has not adopted one of the suggested practices for family finding described in All-County Letter 18-42, the county welfare department shall provide a copy to the State Department of Social Services of its existing family finding policies and practices, as reflected in memoranda, handbooks, manuals, training manuals, or any other document, that are in existence prior to January 1, 2022.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Beginning January 1, 2027, and annually thereafter, each county shall review publicly
available data, including data from the California Child Welfare Indicators Project, comparing the statewide average rate of placing children with relatives and, in the case of Indian children, the statewide average rate of placing children according to the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) placement preferences, as described in subdivision (b) of Section 361.31, with the county’s average rate of placement, as follows:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
By October 1, the county shall review data for a one-year period ending July 1 of the prior calendar year.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
If the county’s average rate is less than the statewide average, the county welfare director, or their designee, shall communicate with the Center for Excellence in Family Finding, Engagement, and Support to identify best practices that may be adopted by the county to improve its average rate of placing children
with relatives. By no later than December 1 of the year of the review, the county shall begin communications with the center and shall communicate with the center at least three more times on a quarterly basis. For purposes of this requirement, communication includes email, video conference, or phone call.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The due diligence required under subparagraph (A) shall include family finding. For purposes of this section, “family finding” means conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known
or there is reason to know that the child is an Indian child, as defined by Section 224.1, “family finding” also includes contacting the Indian child’s tribe to identify relatives and kin.
</html:p>
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<ns0:BillSection id="id_C6F94C5E-7382-4AD6-A0AD-40B66906E481">
<ns0:Num>SEC. 144.</ns0:Num>
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Section 827 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_C3F1F8C6-512F-4143-8D1B-6F0DC4EF899F">
<ns0:Num>827.</ns0:Num>
<ns0:LawSectionVersion id="id_E96D03F8-764C-4801-B589-6A653FE86E17">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in Section 828, a case file may be inspected only by the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Court personnel.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The district attorney, a city attorney, or city prosecutor authorized to prosecute criminal or juvenile cases under state law.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The minor who is the subject of the proceeding.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The minor’s parent or guardian.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The attorneys for the parties, judges, referees, other hearing officers, probation officers, and law enforcement officers who are actively participating in
criminal or juvenile proceedings involving the minor.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The county counsel, city attorney, or any other attorney representing the county child welfare agency in dependency proceedings.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The county counsel or city attorney representing the child welfare agency or probation department in connection with the administration or review of child welfare or probation services provided by the agency or department to the subject of the case file or to that person’s sibling, parent, or legal guardian.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The superintendent or designee of the school district where the minor is enrolled or attending school.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Members of the child protective agencies as described in Section 11165.9 of the Penal Code.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The State Department of Social Services, to carry out its duties pursuant to Division 9 (commencing with Section 10000) of this code and Part 5 (commencing with Section 7900) of Division 12 of the Family Code to oversee and monitor county child welfare agencies, children in foster care or receiving foster care assistance, and out-of-state placements, Section 10850.4, and paragraph (2).
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Authorized staff who are employed by, or authorized staff of entities who are licensed by, the State Department of Social Services, as necessary to the performance of their duties related to resource family approval, and authorized staff who are employed by the State Department of Social Services as necessary to inspect, approve, or license, and monitor or investigate community care facilities or resource families, and to ensure that the standards of care and services
provided in those facilities are adequate and appropriate, and to ascertain compliance with the rules and regulations to which the facilities are subject.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The confidential information shall remain confidential except for purposes of inspection, approval or licensing, or monitoring or investigation pursuant to Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing with Section 1596.70) of Division 2 of the Health and Safety Code and Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9. The confidential information may also be used by the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of
the criminal, civil, or administrative hearings, and may not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Social Services determines that no further action will be taken in the matter. Except as otherwise provided in this subdivision, confidential information shall not contain the name of the minor.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Members of children’s multidisciplinary teams, persons, or agencies providing treatment or supervision of the minor.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
A judge, commissioner, or other hearing officer assigned to a family law case with issues concerning custody or visitation, or both, involving the minor, and the following persons, if actively participating in the family law case: a family court mediator assigned to a case involving the minor
pursuant to Article 1 (commencing with Section 3160) of Chapter 11 of Part 2 of Division 8 of the Family Code, a court-appointed evaluator or a person conducting a court-connected child custody evaluation, investigation, or assessment pursuant to Section 3111 or 3118 of the Family Code, and counsel appointed for the minor in the family law case pursuant to Section 3150 of the Family Code. Prior to allowing counsel appointed for the minor in the family law case to inspect the file, the court clerk may require counsel to provide a certified copy of the court order appointing the minor’s counsel.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
When acting within the scope of investigative duties of an active case, a statutorily authorized or court-appointed investigator who is conducting an investigation pursuant to Section 7663, 7851, or 9001 of the Family Code, or who is actively participating in a guardianship case involving a minor pursuant to Part 2 (commencing with Section 1500) of
Division 4 of the Probate Code and acting within the scope of the investigator’s duties in that case.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
A local child support agency for the purpose of establishing paternity and establishing and enforcing child support orders.
</html:p>
<html:p>
(O)
<html:span class="EnSpace"/>
Juvenile justice commissions as established under Section 225. The confidentiality provisions of Section 10850 shall apply to a juvenile justice commission and its members.
</html:p>
<html:p>
(P)
<html:span class="EnSpace"/>
The Department of Justice, to carry out its duties pursuant to Sections 290.008 and 290.08 of the Penal Code as the repository for sex offender registration and notification in California.
</html:p>
<html:p>
(Q)
<html:span class="EnSpace"/>
Any other person who may be designated by court order of the judge of the juvenile court upon filing a petition.
</html:p>
<html:p>
(R)
<html:span class="EnSpace"/>
A probation officer who is preparing a report pursuant to Section 1178 on behalf of a person who was in the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Justice and who has petitioned the Board of Juvenile Hearings for an honorable discharge.
</html:p>
<html:p>
(S)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The attorneys in an administrative hearing involving the minor or nonminor only as necessary to meet the requirements of Sections 10952 and 10952.5.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The confidential information shall remain confidential for purposes of the administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. The confidential information shall be sealed after the conclusion of the administrative hearing, and shall not subsequently be released except in
accordance with this subdivision.
</html:p>
<html:p>
(T)
<html:span class="EnSpace"/>
Personnel of the State Department of Social Services, to carry out the duties of the department pursuant to paragraph (1) of subdivision (c) of Section 9100 of the Family Code or paragraph (3) of subdivision (e) of Section 366.26.
</html:p>
<html:p>
(U)
<html:span class="EnSpace"/>
Personnel of the Office of Youth and Community Restoration, to carry out the duties of the office pursuant to Sections 2200, 2200.2, 2200.5, and 2200.7.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
The attorney representing a person who is, or was, subject to juvenile proceedings under Section 300, 601, or 602.
</html:p>
<html:p>
(W)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
An attorney representing a party in a civil proceeding filed by, or on behalf of, the person who is the subject of the juvenile case file, in which the defendant is either the child
welfare agency, or probation department, or an employee of one of those entities, for use in the civil proceeding as provided in this subparagraph.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Information and copies of records from a juvenile case file received pursuant to this subparagraph may only be used in the civil proceeding and, consistent with paragraph (4), shall not be disseminated to anyone who is not entitled to access under this subparagraph or any other state law or federal law or regulation, and shall not be used or made as an attachment to any other document in any other proceeding without the prior approval of the juvenile court.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Notwithstanding any other law, and subject to subparagraph (A) of paragraph (3), the immigration status of any individual in the juvenile case file, and information contained in the juvenile case file that pertains only to a sibling or to a minor who is not the subject of
the juvenile case file, shall remain confidential and shall not be released pursuant to this subparagraph absent an order by the juvenile court.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Notwithstanding paragraph (4), information and copies of records from a juvenile case file may be provided to persons assisting the attorneys for the parties in the civil proceeding for their use in that proceeding without the prior approval of the court. Persons assisting the attorneys shall return all copies of records from a juvenile case file provided by an attorney pursuant to this subparagraph at the conclusion of the civil proceeding.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
An attorney who obtains access to a juvenile case file pursuant to this subparagraph and provides copies of records to persons assisting the attorneys for the parties in the civil proceeding for their use in that proceeding pursuant to clause
(iv) shall take appropriate steps to ensure that all of the copies of the records are returned to the attorney upon conclusion of the civil proceeding. The attorney shall also take appropriate steps to ensure that all copies of records from a juvenile case file obtained pursuant to this subparagraph are destroyed upon the conclusion of the civil proceeding consistent with other applicable laws.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
Any information and copies of records from a juvenile case file received pursuant to this subparagraph that is submitted to the court or attached to pleadings in a civil action by an attorney representing a party other than the person who is the subject of the juvenile case file shall be submitted to the court with a motion or application for an order by the court for the submission or pleadings to be filed under seal, unless the judicial officer presiding over the civil matter rules otherwise. The person who
is the subject of the juvenile case file may object during, or upon the conclusion of, the civil proceeding to any information or copies of records being filed under seal and may request that the information or records be filed without sealing. The court shall grant the request of the person who is the subject of the case file in regards to all information or records contained in the case file, except upon a finding of unusual circumstances.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, “civil proceeding” means a civil action or a government claim filed pursuant to Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding any other law, and subject to subparagraph (A) of paragraph (3), juvenile case files, except those relating to matters within the jurisdiction of the court pursuant to Section 601 or 602, that
pertain to a deceased child who was within the jurisdiction of the juvenile court pursuant to Section 300, shall be released to the public pursuant to an order by the juvenile court after a petition has been filed and interested parties have been afforded an opportunity to file an objection. Any information relating to another child or that could identify another child, except for information about the deceased, shall be redacted from the juvenile case file prior to release, unless a specific order is made by the juvenile court to the contrary. Except as provided in this paragraph, the presiding judge of the juvenile court may issue an order prohibiting or limiting access to the juvenile case file, or any portion thereof, of a deceased child only upon a showing by a preponderance of evidence that release of the juvenile case file or any portion thereof is detrimental to the safety, protection, or physical or emotional well-being of another child who is directly or indirectly connected to the juvenile case
that is the subject of the petition.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph represents a presumption in favor of the release of documents when a child is deceased unless the statutory reasons for confidentiality are shown to exist.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If a child whose records are sought has died, and documents are sought pursuant to this paragraph, no weighing or balancing of the interests of those other than a child is permitted.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A petition filed under this paragraph shall be served on interested parties by the petitioner, if the petitioner is in possession of their identity and address, and on the custodian of records. Upon receiving a petition, the custodian of records shall serve a copy of the request upon all interested parties that have not been served by the petitioner or on the interested parties served by the petitioner if the custodian of
records possesses information, such as a more recent address, indicating that the service by the petitioner may have been ineffective.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The custodian of records shall serve the petition within 10 calendar days of receipt. If an interested party, including the custodian of records, objects to the petition, the party shall file and serve the objection on the petitioning party no later than 15 calendar days after service of the petition.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The petitioning party shall have 10 calendar days to file a reply. The juvenile court shall set the matter for hearing no more than 60 calendar days from the date the petition is served on the custodian of records. The court shall render its decision within 30 days of the hearing. The matter shall be decided solely upon the basis of the petition and supporting exhibits and declarations, if any, the objection and any supporting exhibits or
declarations, if any, and the reply and any supporting declarations or exhibits thereto, and argument at hearing. The court may, solely upon its own motion, order the appearance of witnesses. If an objection is not filed to the petition, the court shall review the petition and issue its decision within 10 calendar days of the final day for filing the objection. An order of the court shall be immediately reviewable by petition to the appellate court for the issuance of an extraordinary writ.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Access to juvenile case files pertaining to matters within the jurisdiction of the juvenile court pursuant to Section 300 or Section 601 or 602 shall be limited as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If a juvenile case file, or any portion thereof, is privileged or confidential pursuant to any other state law or federal law or regulation, the requirements of that state law or federal law or regulation prohibiting
or limiting release of the juvenile case file or any portions thereof shall prevail. Unless a person is listed in subparagraphs (A) to (P), inclusive, or (V) or (W) of paragraph (1) and is entitled to access under the other state law or federal law or regulation without a court order, all those seeking access, pursuant to other authorization, to portions of, or information relating to the contents of, juvenile case files protected under another state law or federal law or regulation, shall petition the juvenile court. The juvenile court may only release the portion of, or information relating to the contents of, juvenile case files protected by another state law or federal law or regulation if disclosure is not detrimental to the safety, protection, or physical or emotional well-being of a child, minor, or person who is directly or indirectly connected to the juvenile case that is the subject of the petition. This paragraph does not limit the ability of the juvenile court to carry out its duties in
conducting juvenile court proceedings.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Prior to the release of the juvenile case file or any portion thereof, the court shall afford due process, including a notice of, and an opportunity to file an objection to, the release of the record or report to all interested parties.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
This paragraph does not limit or repeal any other applicable legal standard or protections designed to safeguard private, confidential, or privileged information.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A juvenile case file, any portion thereof, and information relating to the content of the juvenile case file, may not be disseminated by the receiving persons or agencies to a person or agency, other than a person or agency authorized to receive documents pursuant to this section. Further, a juvenile case file, any portion thereof, and information relating to the content of
the juvenile case file, may not be made as an attachment to any other documents without the prior approval of the presiding judge of the juvenile court, unless it is used in connection with, and in the course of, a criminal investigation or a proceeding brought to declare a person a dependent child or ward of the juvenile court, or as authorized by subparagraph (W) of paragraph (1).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Individuals listed in subparagraphs (A), (B), (C), (D), (E), (F), (H), (I), (J), (P), (S), (T), (U), (V), and (W) of paragraph (1) may also receive copies of the case file. For authorized staff of entities who are licensed by the State Department of Social Services, the confidential information shall be obtained through a child protective agency, as defined in subparagraph (H) of paragraph (1). In these circumstances, the requirements of paragraph (4) shall continue to apply to the information received.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
An individual other than a person described in subparagraphs (A) to (P), inclusive, of paragraph (1) who files a notice of appeal or petition for writ challenging a juvenile court order, or who is a respondent in that appeal or real party in interest in that writ proceeding, may, for purposes of that appeal or writ proceeding, inspect and copy any records in a juvenile case file to which the individual was previously granted access by the juvenile court pursuant to subparagraph (Q) of paragraph (1), including any records or portions thereof that are made a part of the appellate record. The requirements of paragraph (3) shall continue to apply to any other record, or a portion thereof, in the juvenile case file or made a part of the appellate record. The requirements of paragraph (4) shall continue to apply to files received pursuant to this paragraph. The Judicial Council shall adopt rules to implement this paragraph.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
While the Legislature reaffirms its belief that juvenile court records, in general, should be confidential, it is the intent of the Legislature in enacting this subdivision to provide for a limited exception to juvenile court record confidentiality to promote more effective communication among juvenile courts, family courts, law enforcement agencies, and schools to ensure the rehabilitation of juvenile criminal offenders as well as to lessen the potential for drug use, violence, other forms of delinquency, and child abuse.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), written notice that a minor enrolled in a public school, kindergarten to grade 12, inclusive, has been found by a court of competent jurisdiction to have committed a felony or misdemeanor involving curfew, gambling, alcohol, drugs, tobacco products, carrying of weapons, a sex offense listed in Section 290 of the Penal
Code, assault or battery, larceny, vandalism, or graffiti shall be provided by the court, within seven days, to the superintendent of the school district of attendance. Written notice shall include only the offense found to have been committed by the minor and the disposition of the minor’s case. This notice shall be expeditiously transmitted by the district superintendent to the principal at the school of attendance. The principal shall expeditiously disseminate the information to those counselors directly supervising or reporting on the behavior or progress of the minor. In addition, the principal shall disseminate the information to any teacher or administrator directly supervising or reporting on the behavior or progress of the minor whom the principal believes needs the information to work with the pupil in an appropriate fashion to avoid being needlessly vulnerable or to protect other persons from needless vulnerability.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Any
information received by a teacher, counselor, or administrator under this subdivision shall be received in confidence for the limited purpose of rehabilitating the minor and protecting students and staff, and shall not be further disseminated by the teacher, counselor, or administrator, except insofar as communication with the juvenile, the juvenile’s parents or guardians, law enforcement personnel, and the juvenile’s probation officer is necessary to effectuate the juvenile’s rehabilitation or to protect students and staff.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An intentional violation of the confidentiality provisions of this paragraph is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a minor is removed from public school as a result of the court’s finding described in subdivision (b), the superintendent shall maintain the information in a confidential file and shall defer
transmittal of the information received from the court until the minor is returned to public school. If the minor is returned to a school district other than the one from which the minor came, the parole or probation officer having jurisdiction over the minor shall so notify the superintendent of the last district of attendance, who shall transmit the notice received from the court to the superintendent of the new district of attendance.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Each probation report filed with the court concerning a minor whose record is subject to dissemination pursuant to subdivision (b) shall include on the face sheet the school at which the minor is currently enrolled. The county superintendent shall provide the court with a listing of all of the schools within each school district, within the county, along with the name and mailing address of each district superintendent.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each notice sent by the court pursuant to subdivision (b) shall be stamped with the instruction: “Unlawful Dissemination Of This Information Is A Misdemeanor.” Any information received from the court shall be kept in a separate confidential file at the school of attendance and shall be transferred to the minor’s subsequent schools of attendance and maintained until the minor graduates from high school, is released from juvenile court jurisdiction, or reaches 18 years of age, whichever occurs first. After that time, the confidential record shall be destroyed. At any time after the date by which a record required to be destroyed by this section should have been destroyed, the minor or the minor’s parent or guardian shall have the right to make a written request to the principal of the school that the minor’s school records be reviewed to ensure that the record has been destroyed. Upon completion of the requested review and no later than 30 days after the request for the review was received,
the principal or a designee shall respond in writing to the written request and either shall confirm that the record has been destroyed or, if the record has not been destroyed, shall explain why destruction has not yet occurred.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except as provided in paragraph (2) of subdivision (b), liability shall not attach to a person who transmits or fails to transmit notice or information required under subdivision (b).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of this section, a “juvenile case file” means a petition filed in a juvenile court proceeding, reports of the probation officer, and all other records, including any writing as defined in Section 250 of the Evidence Code, or electronically stored information relating to the minor, that is filed in that case or made available to the probation officer in making the probation officer’s report, or to the judge, referee, or other hearing officer, and
thereafter retained by the probation officer, judge, referee, or other hearing officer.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The persons described in subparagraphs (A), (E), (F), (H), (K), (L), (M), and (N) of paragraph (1) of subdivision (a) include persons serving in a similar capacity for an Indian tribe, reservation, or tribal court when the case file involves a child who is a member of, or who is eligible for membership in, that tribe.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Any portion of a case file that is covered by, or included in, an order of the court sealing a record pursuant to Section 781 or 786, or that is covered by a record sealing requirement pursuant to Section 786.5 or 827.95, may not be inspected, except as specified by those sections.
</html:p>
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<ns0:Num>SEC. 145.</ns0:Num>
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Section 9630 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_FAD25D36-EF87-44D6-B2E2-C095358F0555">
<ns0:Num>9630.</ns0:Num>
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<ns0:Content>
<html:p>As part of its role in providing leadership in advocating on behalf of older adults, the department shall make efforts to increase public awareness about areas of importance to California’s older adults, their families, and other caregivers. These efforts to increase public awareness and education may be accomplished through the use of public service announcements, radio and television commercials or infomercials, access on the internet, newspaper and other periodical editorials and letters to the editor, public and corporate symposiums, symposiums or educational efforts by public or private schools, colleges, and universities, and mass transit and outdoor
signage.</html:p>
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<ns0:BillSection id="id_9641EE7F-23DD-4A76-925D-1ADB3F39A036">
<ns0:Num>SEC. 146.</ns0:Num>
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Section 10213.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_04C957BE-91BE-47AE-B76B-EC62F982FBC9">
<ns0:Num>10213.5.</ns0:Num>
<ns0:LawSectionVersion id="id_273EE07B-B6F9-4549-9F7A-205CAC48BEEC">
<ns0:Content>
<html:p>As used in this part:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Alternative payments” includes payments that are made by one childcare agency to another agency or childcare provider for the provision of childcare and development services, and payments that are made by an agency to a parent for the parent’s purchase of childcare and development services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Alternative payment program” means a local government agency or nonprofit organization that has contracted with the department pursuant to Section 10225.5, or a migrant alternative payment program pursuant to Chapter 6 (commencing with Section 10235), to provide alternative payments and to provide support services to parents and providers.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Applicant or contracting agency” means a school district, community college district, college or university, county superintendent of schools, county, city, public agency, private nontax-exempt agency, private tax-exempt agency, or other entity that is authorized to establish, maintain, or operate services pursuant to this chapter. Private agencies and parent cooperatives, duly licensed by law, shall receive the same consideration as any other authorized entity with no loss of parental decisionmaking prerogatives as consistent with the provisions of this chapter.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Assigned reimbursement rate” is that rate established by the contract with the agency and is derived by dividing the total dollar amount of the contract by the minimum child day of average daily enrollment level of service required.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Attendance” means the number of children present at a
childcare and development facility. “Attendance,” for purposes of reimbursement, includes excused absences by children because of illness, quarantine, illness or quarantine of their parent, family emergency, medical and educational appointments, or to spend time with a parent or other relative as required by a court of law or that is clearly in the best interest of the child. For purposes of reimbursement, a contractor may claim attendance for days that the contractor or provider is required to hold a space for a child during the period that a family is assumed to have abandoned care or is engaging in the appeal process based on disenrollment for abandoning care.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Capital outlay” means the amount paid for the renovation and repair of childcare and development and preschool facilities to comply with state and local health and safety standards, and the amount paid for the state purchase of relocatable childcare and development and preschool
facilities for lease to qualifying contracting agencies.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Caregiver” means a person who provides direct care, supervision, and guidance to children in a childcare and development facility.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Childcare and development facility” means a residence or building or part thereof in which childcare and development services are provided.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Childcare and development programs” means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public or private agency, in centers and family childcare homes. These programs include, but are not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
General childcare and development.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Migrant
childcare and development.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Childcare provided by the California School Age Families Education Program (Article 7.1 (commencing with Section 54740) of Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Resource and referral.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Childcare and development services for children with exceptional needs.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Family childcare home education network.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Alternative payment.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Schoolage community childcare.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
“Childcare and development services” means those services designed to meet a wide variety of needs of children and their families, while their parents or guardians are working, in training, seeking employment, incapacitated, or in need of respite. These services may include direct care and supervision, instructional activities, resource and referral programs, and alternative payment arrangements.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
“Children at risk of abuse, neglect, or exploitation” means children who are so identified in a written referral from a legal, medical, or social service agency, or emergency shelter.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
“Children with exceptional needs” means either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Infants and toddlers under three years of age who have been determined to be eligible for
early intervention services pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and its implementing regulations. These children include an infant or toddler with a developmental delay or established risk condition, or who is at high risk of having a substantial developmental disability, as defined in subdivision (a) of Section 95014 of the Government Code. These children shall have active individualized family service plans, shall be receiving early intervention services, and shall be children who require the special attention of adults in a childcare setting.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Children 3 to 21 years of age, inclusive, who have been determined to be eligible for special education and related services by an individualized education program team according to the special education requirements contained in Part 30 (commencing with Section 56000) of Division 4 of Title 2 of the Education
Code, and who meet eligibility criteria described in Section 56026 of the Education Code and, Article 2.5 (commencing with Section 56333) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, and Sections 3030 and 3031 of Title 5 of the California Code of Regulations. These children shall have an active individualized education program, shall be receiving early intervention services or appropriate special education and related services, and shall be children who require the special attention of adults in a childcare setting. These children include children with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (also referred to as emotional disturbance), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities, who need special education and related services consistent with Section 1401(3)(A) of Title 20 of the
United States Code.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
“Closedown costs” means reimbursements for all approved activities associated with the closing of operations at the end of each growing season for migrant child development programs only.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
“Cost” includes, but is not limited to, expenditures that are related to the operation of childcare and development programs. “Cost” may include a reasonable amount for state and local contributions to employee benefits, including approved retirement programs, agency administration, and any other reasonable program operational costs. “Cost” may also include amounts for licensable facilities in the community served by the program, including lease payments or depreciation, downpayments, and payments of principal and interest on loans incurred to acquire, rehabilitate, or construct licensable facilities, but these costs shall not exceed fair market rents existing in the
community in which the facility is located. “Reasonable and necessary costs” are costs that, in nature and amount, do not exceed what an ordinary prudent person would incur in the conduct of a competitive business.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
“Elementary school,” as contained in former Section 425 of Title 20 of the United States Code (the National Defense Education Act of 1958, Public Law 85-864, as amended), includes early childhood education programs and all child development programs, for the purpose of the cancellation provisions of loans to students in institutions of higher learning.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
“Family childcare home education network” means an entity organized under law that contracts with the department pursuant to Section 10250 to make payments to licensed family childcare home providers and to provide educational and support services to those providers and to children and families eligible for
state-subsidized childcare and development services. A family childcare home education network may also be referred to as a family childcare home system.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
“Health services” include, but are not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Referral, whenever possible, to appropriate health care providers able to provide continuity of medical care.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Health screening and health treatment, including a full range of immunization recorded on the appropriate state immunization form to the extent provided by the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3) and the Child Health and Disability Prevention Program (Article 6 (commencing with Section
124024) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code), but only to the extent that ongoing care cannot be obtained utilizing community resources.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Health education and training for children, parents, staff, and providers.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Followup treatment through referral to appropriate health care agencies or individual health care professionals.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
“Higher educational institutions” means the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the governing bodies of any accredited private nonprofit institution of postsecondary education.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
“Intergenerational staff” means persons of various
generations.
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
“Dual language learner” means children whose first language is a language other than English or children who are developing two or more languages, one of which may be English.
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
“Parent” means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
“Program director” means a person who, pursuant to Sections 10242 and 10380.5, is qualified to serve as a program director.
</html:p>
<html:p>
(w)
<html:span class="EnSpace"/>
“Proprietary childcare agency” means an organization or facility providing childcare, which is operated for profit.
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
“Resource and referral programs” means programs
that provide information to parents, including referrals and coordination of community resources for parents and public or private providers of care. Services frequently include, but are not limited to: technical assistance for providers, toy-lending libraries, equipment-lending libraries, toy- and equipment-lending libraries, staff development programs, health and nutrition education, and referrals to social services.
</html:p>
<html:p>
(y)
<html:span class="EnSpace"/>
“Severely disabled children” are children with exceptional needs from birth to 21 years of age, inclusive, who require intensive instruction and training in programs serving pupils with the following profound disabilities: autism, blindness, deafness, severe orthopedic impairments, serious emotional disturbances, or severe intellectual disabilities. “Severely disabled children” also include those individuals who would have been eligible for enrollment in a developmental center for handicapped pupils under Chapter 7
(commencing with Section 56800) of Part 30 of Division 4 of Title 2 of the Education Code as it read on January 1, 1980.
</html:p>
<html:p>
(z)
<html:span class="EnSpace"/>
“Short-term respite childcare” means childcare service to assist families whose children have been identified through written referral from a legal, medical, or social service agency, or emergency shelter as being neglected, abused, exploited, or homeless, or at risk of being neglected, abused, exploited, or homeless. Childcare is provided for less than 24 hours per day in childcare centers, treatment centers for abusive parents, family childcare homes, or in the child’s own home.
</html:p>
<html:p>
(aa)
<html:span class="EnSpace"/>
“Site supervisor” means a person who, regardless of their title, has operational program responsibility for a childcare and development program at a single site. A site supervisor shall hold a permit issued by the Commission on Teacher Credentialing that authorizes supervision
of a childcare and development program operating in a single site. The department may waive the requirements of this subdivision if the department determines that the existence of compelling need is appropriately documented.
</html:p>
<html:p>
(ab)
<html:span class="EnSpace"/>
“Standard reimbursement rate” means that rate established by the department pursuant to Section 10280.
</html:p>
<html:p>
(ac)
<html:span class="EnSpace"/>
“Startup costs” means those expenses an agency incurs in the process of opening a new or additional facility before the full enrollment of children.
</html:p>
<html:p>
(ad)
<html:span class="EnSpace"/>
“California state preschool program” means part-day and full-day educational programs for low-income or otherwise disadvantaged three- and four-year-old children.
</html:p>
<html:p>
(ae)
<html:span class="EnSpace"/>
“Support services” means those services that, when combined with childcare and development services,
help promote the healthy physical, mental, social, and emotional growth of children. Support services include, but are not limited to: protective services, parent training, provider and staff training, transportation, parent and child counseling, child development resource and referral services, and child placement counseling.
</html:p>
<html:p>
(af)
<html:span class="EnSpace"/>
“Teacher” means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children.
</html:p>
<html:p>
(ag)
<html:span class="EnSpace"/>
“Underserved area” means a county or subcounty area, including, but not limited to, school districts, census tracts, or ZIP Code areas, where the ratio of publicly subsidized childcare and development program services to the need for these services is low, as determined by the department.
</html:p>
<html:p>
(ah)
<html:span class="EnSpace"/>
“Workday” means the time that the parent requires temporary care for a child for any of the following reasons:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
To undertake training in preparation for a job.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To undertake or retain a job.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
To undertake other activities that are essential to maintaining or improving the social and economic function of the family, are beneficial to the community, or are required because of health problems in the family.
</html:p>
<html:p>
(ai)
<html:span class="EnSpace"/>
“Homeless children and youth” has the same meaning as defined in Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
</html:p>
<html:p>
(aj)
<html:span class="EnSpace"/>
“Local educational agency” means a
school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district.
</html:p>
<html:p>
(ak)
<html:span class="EnSpace"/>
“Alternative methodology” means a cost-based ratesetting method, including a cost estimation model, on which to base payment rates pursuant to the requirements set forth in Section 98.45 of Title 45 of the Code of Federal Regulations.
</html:p>
<html:p>
(al)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Effective no later than March 1, 2024, “part-time care” means care certified for a child for fewer than 25 hours per week.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Effective no later than March 1, 2024, “full-time care” means care certified for a child for 25 or more hours per week.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this subdivision by all-county letters, bulletins, or similar written instructions until regulations are adopted.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The department shall initiate a rulemaking action to adopt regulations to implement this subdivision no later than July 1, 2026.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the provisions of this subdivision are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_1F437D29-0691-49C3-AE3B-8DC036F7A266">
<ns0:Num>SEC. 147.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.4.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'11330.6.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 11330.6 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_573A7CBC-B60C-447F-B4E0-C3EFCE88990D">
<ns0:Num>11330.6.</ns0:Num>
<ns0:LawSectionVersion id="id_BD57BF50-9F3A-46CF-8E8C-CECB41A93D1C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Legislature hereby establishes the CalWORKs Home Visiting Program as a voluntary program for the purpose of supporting positive health, development, and well-being outcomes for pregnant and parenting people, families, and infants born into poverty, expanding their future educational, economic, and financial capability opportunities, and improving the likelihood that they will exit poverty.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The program shall provide high-quality, evidence-based, culturally competent services to pregnant people, parents or caretaker relatives, and children that meet the needs of at-risk assistance units, including those in underserved, rural, tribal, impoverished, and other communities. The services provided under this article shall not exceed
the duration of the applicable home visiting model.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Subject to an appropriation in the annual Budget Act, the department shall award funds to participating counties for the purposes of this article in order to provide voluntary evidence-based home visiting services to any assistance unit that meets the requirements of this article. Services authorized pursuant to this section are not entitlement services and participating counties may limit the number of families participating in the program to ensure that the costs do not exceed the amount of funds awarded to the county for this purpose. Funding awarded for the purpose of home visiting services provided under this article shall not supplant expenditures from any other existing funding sources subject to county control for home visiting services. Funding appropriated may be used in combination with funding from other sources if the entirety of services provided meet the award requirements
of the program.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Participation in the program established in this article is optional for counties, and counties that apply for, and are awarded, funds shall agree to the terms of this article. A county’s application for funding shall describe all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
How the program’s purposes, as specified in subdivision (a), will be accomplished.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
How the county will integrate and coordinate the evidence-based home visiting programs with county workers and core CalWORKs services to maximize the utilization of those services provided to CalWORKs recipients.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
How the county consulted with existing home visiting programs, if applicable.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The county’s
plan to recruit and retain home visitors that reflect the population of its CalWORKs program.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The voluntary population of CalWORKs applicants and recipients the county intends to serve, which shall include those populations identified in paragraph (2).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A voluntary participant shall meet both of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The individual is one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A member of a CalWORKs assistance unit.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The parent or caretaker relative for a child-only case.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
An individual who is apparently eligible for CalWORKs aid.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The individual is pregnant or the individual is a parent or caretaker relative of a child less than 24 months of age at the time the individual enrolls in the program.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A county may serve additional individuals not described in clause (i) with departmental approval, including, for example, parents or caretaker relatives of children younger than 36 months of age at the time of enrollment.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall work with counties to develop the outreach
and engagement process that will effectively reach the priority populations.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The county shall demonstrate in its application to the department how services will be designed and provided as specified in Section 11330.7.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Participation in the program for eligible assistance units shall not be considered a condition of CalWORKs eligibility and this shall be explained in the document required pursuant to paragraph (2).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Participation in the program shall be offered in writing to an eligible parent or caretaker relative. A document that includes a description of the program, its anticipated benefits and duration, a description of how to opt into the home visiting program, and a description of how to terminate participation shall be given to the parent or caretaker relative. Other forms
of outreach are permitted and encouraged.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An assistance unit agreeing to receive services under this article need not be eligible for, nor shall be required to participate in, the welfare-to-work program established pursuant to Article 3.2 (commencing with Section 11320). If an assistance unit elects to participate in the welfare-to-work program, the scheduled hours to be spent directly with the home visitor shall count toward allowable activities under a welfare-to-work plan.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Participation in this program shall not affect a family’s application for aid nor eligibility for any other CalWORKs benefits, supports, or services, including, but not limited to, welfare-to-work exemptions pursuant to subdivision (b) of Section 11320.3, good cause for not participating pursuant to subdivision (f) of Section 11320.3, participating in housing support services pursuant to Article 3.3
(commencing with Section 11330), or participating in family stabilization pursuant to Section 11325.24.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the parent or assisted caretaker has been removed from the assistance unit or exits the CalWORKs program, voluntary home visiting services may continue for up to 12 months or until completion of the evidence-based home visiting program, whichever is sooner, or until the parent or assisted caretaker relative terminates their own participation.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A county and the home visiting program may incorporate participation of the noncustodial parent of a child who is a member of a CalWORKs assistance unit into home visiting services, subject to the mutual agreement of the custodial and noncustodial parents.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The following definitions shall apply for purposes of this article:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Cultural competence” means the ability to interact effectively with people of different cultures.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Evidence-based home visiting” means a home visiting model approved by the department, which shall be evaluated considering criteria developed by the United States Department of Health and Human Services for evidence-based home visiting.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Home” means a temporary or permanent residence or living space, or another location identified by the assistance unit.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer the changes made to this section by the act that added this
subdivision by means of all-county letters or similar instructions from the department that shall have the same force and effect as regulations until regulations are adopted.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_145D9FAA-4ABC-4F2D-A382-0D9B7CF15A4F">
<ns0:Num>SEC. 148.</ns0:Num>
<ns0:ActionLine action="IS_REPEALED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'12306.16.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended by Stats. 2019, Ch. 27, Sec. 78. [id_8128cb51-a1ce-11e9-8d2f-c51f10f9065e]" ns3:type="locator">
Section 12306.16 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
, as amended by Section 78 of Chapter 27 of the Statutes of 2019, is repealed.
</ns0:ActionLine>
<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_ABFF83F8-689E-4729-8203-558F9573DF9A">
<ns0:Num>SEC. 149.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'13300.5.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 13300.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_BE5DA530-A04C-4E12-8228-EAB3C8AE5119">
<ns0:Num>13300.5.</ns0:Num>
<ns0:LawSectionVersion id="id_A0F4C25F-3A9B-4593-8AF6-E392CBA7738E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Subject to the availability of state funding, the state shall provide legal counsel to every immigrant youth in the State of California.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The department shall allocate funding according to this section. In determining the amount and allocation of contracts awarded pursuant to this section, the department shall consider whether federal funding has been made available and dispersed to organizations or relevant projects in the state.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The department shall prioritize awards of contracts or grants to qualified nonprofit organizations as described in Section 13301 that
are ineligible for federal funds or that have unmet needs despite federal assistance.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Counsel shall be conferred pursuant to this section as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Access to counsel shall begin at the time an immigrant youth is designated as unaccompanied by a federal or state agency or identified as such by an immigration attorney.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Access to counsel may apply in state court proceedings or submitting an affirmative filing for purposes of obtaining any order necessary for or relevant to immigration remedies, federal immigration proceedings, any related appearances or matters, and any appeals arising from those proceedings, before the United States Department of Homeland Security, federal court, or the Department of Justice.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Access to counsel does not need to be provided if the immigrant youth has independent counsel.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Access to counsel applies to a child who has been designated an immigrant youth at any time throughout the pendency of any of the proceedings identified in paragraphs (1) and (2). If an immigrant youth has been assigned counsel before the immigrant youth reaches 18 years of age, the immigrant youth remains eligible for ongoing access to counsel during the pendency of the proceedings.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department shall contract to provide legal counsel for immigrant youth with either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A qualified nonprofit legal services organization, as described in Section 13301.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An office of the public defender for the county, as
established pursuant to Section 27700 of the Government Code, if the public defender meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The office has an immigration attorney with at least three years of experience handling asylum, T-Visa, U-Visa, or special immigrant juvenile status cases and has represented at least 20 minors in these matters.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The office has an immigration attorney with experience representing minors in removal proceedings and asylum applications.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The office has an immigration attorney who has conducted trainings on these issues for practitioners beyond their staff.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department may impose additional requirements for an office of public defender for the county to be eligible for a contract.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, an immigrant youth is a person residing in, or formerly residing, California, and is either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The person is an undocumented minor as described in Section 279(g)(2) of Title 6 of the United States Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The person is under 18 years of age, has no lawful immigration status, arrived in the United States without a parent or legal guardian, or has no parent or legal guardian available and able to assist in the youth’s immigration proceedings.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department shall require contractors pursuant to this section to maintain adequate legal malpractice insurance as necessary and to indemnify and hold the state harmless from any claims that arise from the legal services provided pursuant to this section.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department may fund social work services contracted by qualified nonprofit legal service organizations to assist immigrant youth.
</html:p>
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<ns0:BillSection id="id_C2811C26-5FC8-48CC-A0E9-A7DBB32C69C9">
<ns0:Num>SEC. 150.</ns0:Num>
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Section 14005.62 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_30D64CBA-12CA-4EC4-9D86-29F7E42526C6">
<ns0:Num>14005.62.</ns0:Num>
<ns0:LawSectionVersion id="id_45707A82-0B25-4C54-9423-D87043DF71A1">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, for an applicant or beneficiary whose eligibility is not determined using the modified adjusted gross income (MAGI)-based financial methods, as specified in Section 1396a(e)(14) of Title 42 of the United States Code, the department shall seek federal approval to implement a disregard of one hundred thirty thousand dollars ($130,000) in nonexempt property for a case with 1 member and sixty-five thousand dollars ($65,000) for each additional household member, up to a maximum of 10 members.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision
shall be implemented only after the director determines that systems have been programmed for the disregards specified in paragraph (1) and they communicate that determination in writing to the Department of Finance and no sooner than January 1, 2026.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement this section by means of county letters, provider bulletins or notices, policy letters, or other similar instructions, without taking regulatory action. Such instructions shall include a list of all exempt property for use until such time that regulations are adopted.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Within two years of implementing the requirements set forth in this subdivision, the department shall do both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Adopt, amend, or repeal regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Update its notices and forms to reflect the consideration of assets and resources as described in subdivision (a).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Upon operation of subdivision (a), the department shall make available, on a quarterly basis data, the number of Medi-Cal enrollees who lost eligibility due to the asset limit. The department shall consult with stakeholders to determine the appropriate data elements and level of detail, including, but not limited to, the reasons for termination.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section shall only be implemented to the extent consistent with federal law, upon the department obtaining any necessary federal
approvals, and to the extent federal financial participation under the Medi-Cal program is available and not otherwise jeopardized.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2026.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_AB6151D8-515B-4DED-AD37-B3046AF9AD7F">
<ns0:Num>SEC. 151.</ns0:Num>
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Section 14005.27 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_489ABC41-C5E1-4CF6-A431-9276CA77901F">
<ns0:Num>14005.27.</ns0:Num>
<ns0:LawSectionVersion id="id_960056B6-76A2-43B0-BF4E-9D457654899C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Individuals enrolled in the Healthy Families Program pursuant to Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code on June 27, 2012, and who are determined eligible to receive benefits pursuant to subdivision (a) of Section 14005.26, or, effective January 1, 2014, subdivision (b) of Section 14005.26, shall be transitioned into Medi-Cal, pursuant to this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
To the extent necessary and for the purposes of carrying out the provisions of this section, in performing initial eligibility determinations for children enrolled in the Healthy Families Program pursuant to Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code, the department shall adopt the option pursuant to Section 1902(e)(13) of the federal
Social Security Act (42 U.S.C. Sec. 1396a(e)(13)) to allow the department or county human services departments to rely upon findings made by the Managed Risk Medical Insurance Board (MRMIB) regarding one or more components of eligibility. The department shall seek federal approval of a state plan amendment to implement this subdivision.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
To the extent necessary, the department shall seek federal approval of a state plan amendment or a waiver to provide presumptive eligibility for the optional targeted low-income category of eligibility pursuant to Section 14005.26 for individuals presumptively eligible for or enrolled in the Healthy Families Program pursuant to Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code. The presumptive eligibility shall be based upon the most recent information contained in the individual’s Healthy Families Program file. The timeframe for the presumptive eligibility shall begin no sooner
than January 1, 2013, and shall continue until a determination of Medi-Cal eligibility is made, which determination shall be performed within one year of the individual’s Healthy Families Program annual review date.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The California Health and Human Services Agency, in consultation with the Managed Risk Medical Insurance Board, the State Department of Health Care Services, the Department of Managed Health Care, and diverse stakeholders groups, shall provide the fiscal and policy committees of the Legislature with a strategic plan for the transition of the Healthy Families Program pursuant to this section by no later than October 1, 2012. This strategic plan shall, at a minimum, address all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
State, county, and local administrative components that facilitate a successful subscriber transition such as communication and outreach to
subscribers and applicants, eligibility processing, enrollment, communication, and linkage with health plan providers, payments of applicable premiums, and overall systems operation functions.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Methods and processes for diverse stakeholder engagement throughout the entire transition, including all phases of the transition.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
State monitoring of managed care health plans’ performance and accountability for provision of services, and initial quality indicators for children and adolescents transitioning to Medi-Cal.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Health care and dental delivery system components such as standards for informing and enrollment materials, network adequacy, performance measures and metrics, fiscal solvency, and related factors that ensure timely access to quality health and dental care for children and adolescents transitioning
to Medi-Cal.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Inclusion of applicable operational steps, timelines, and key milestones.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A time certain for the transfer of the Healthy Families Advisory Board, as described in Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code, to the State Department of Health Care Services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The intent of this strategic plan is to serve as an overall guide for the development of each plan for each phase of this transition, pursuant to paragraphs (1) to (8), inclusive, of subdivision (e), to ensure clarity and consistency in approach and subscriber continuity of care. This strategic plan may also be updated by the California Health and Human Services Agency as applicable and provided to the Legislature upon completion.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall transition individuals from the Healthy Families Program to the Medi-Cal program in four phases, as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Phase 1. Individuals enrolled in a Healthy Families Program health plan that is a Medi-Cal managed care health plan shall be enrolled in the same plan no earlier than January 1, 2013, pursuant to the requirements of this section and Section 14011.6, and to the extent the individual is otherwise eligible under this chapter and Chapter 8 (commencing with Section 14200).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Phase 2. Individuals enrolled in a Healthy Families Program managed care health plan that is a subcontractor of a Medi-Cal managed care health plan, to the extent
possible, shall be enrolled into a Medi-Cal managed care health plan that includes the individuals’ current plan pursuant to the requirements of this section and Section 14011.6, and to the extent the individuals are otherwise eligible under this chapter and Chapter 8 (commencing with Section 14200). The transition of individuals described in this subparagraph shall begin no earlier than April 1, 2013.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Phase 3. Individuals enrolled in a Healthy Families Program plan that is not a Medi-Cal managed care plan and does not contract or subcontract with a Medi-Cal managed care plan shall be enrolled in a Medi-Cal managed care plan in that county. Enrollment shall include consideration of the individuals’ primary care providers pursuant to the
requirements of this section and Section 14011.6, and to the extent the individuals are otherwise eligible under this chapter and Chapter 8 (commencing with Section 14200). The transition of individuals described in this subparagraph shall begin no earlier than August 1, 2013.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Phase 4.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Individuals residing in a county that is not a Medi-Cal managed care county shall be provided services under the Medi-Cal fee-for-service delivery system, subject to clause (ii). The transition of individuals described in this subparagraph shall begin no earlier than September 1, 2013.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
In the event the department creates a managed health care system in the counties described in clause (i), individuals residing in those counties shall be enrolled in managed health care plans pursuant to this chapter and Chapter 8
(commencing with Section 14200).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the transition of individuals pursuant to subparagraphs (A), (B), (C), and (D) of paragraph (1), implementation plans shall be developed to ensure state and county systems readiness, health plan network adequacy, and continuity of care with the goal of ensuring there is no disruption of service and there is continued access to coverage for all transitioning individuals. If an individual is not retained with the individual’s primary care provider, the implementation plan shall require the managed care plan to report to the department as to how continuity of care is being provided. Transition of individuals described in subparagraphs (A), (B), (C), and (D) of paragraph (1) shall not occur until 90 days after the department has submitted an implementation plan to the fiscal and policy committees of the Legislature. The implementation plans shall include, but not be limited to, information on health and
dental plan network adequacy, continuity of care, eligibility and enrollment requirements, consumer protections, and family notifications.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The following requirements shall be in place prior to implementation of Phase 1, and shall be required for all phases of the transition:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Managed care plan performance measures shall be integrated and coordinated with the Healthy Families Program performance standards including, but not limited to, child-only Healthcare Effectiveness Data and Information Set (HEDIS) measures, and measures indicative of performance in serving children and adolescents. These performance measures shall also be in compliance with all performance requirements under 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) and existing Medi-Cal managed care performance
measurements and standards as set forth in this chapter and Chapter 8 (commencing with Section 14200), and all-plan letters, including, but not limited to, network adequacy and linguistic services, and shall be met prior to the transition of individuals pursuant to Phase 1.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Medi-Cal managed care health plans shall allow enrollees to remain with their current primary care provider. If an individual does not remain with the current primary care provider, the plan shall report to the department as to how continuity of care is being provided.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
As individuals are transitioned pursuant to subparagraphs (A), (B), (C), and (D) of paragraph (1), for individuals residing in all counties except the Counties of Sacramento and Los Angeles, their dental coverage shall transition to fee-for-service dental coverage and may be provided by their current provider if
the provider is a Medi-Cal fee-for-service dental provider.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For individuals residing in the County of Sacramento, their dental coverage shall continue to be provided by their current dental managed care plan if their plan is a Medi-Cal dental managed care plan. If their plan is not a Medi-Cal dental managed care plan, they shall select a Medi-Cal dental managed care plan. If they do not choose a Medi-Cal dental managed care plan, they shall be assigned to a plan with preference to a plan with which their current provider is a contracted provider. Any children in the Healthy Families Program transitioned into Medi-Cal dental managed care plans shall also have access to the beneficiary dental exception process, pursuant to Section 14089.09. Further, the Sacramento advisory committee, established pursuant to Section 14089.08, shall be consulted regarding the transition of children in the Healthy Families Program into Medi-Cal dental managed
care plans.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For individuals residing in the County of Los Angeles, for purposes of continuity of care, their dental coverage shall continue to be provided by their current dental managed care plan if that plan is a Medi-Cal dental managed care plan. If their plan is not a Medi-Cal dental managed care plan, they may select a Medi-Cal dental managed care plan or choose to move into Medi-Cal fee-for-service dental coverage.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
It is the intent of the Legislature that children transitioning to Medi-Cal under this section have a choice in dental coverage, as provided under existing law.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Dental health plan performance measures and benchmarks shall be in accordance with Section 14459.6.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Medi-Cal managed care health and
dental plans shall report to the department, as frequently as specified by the department, specified information pertaining to transition implementation, enrollees, and providers, including, but not limited to, grievances related to access to care, continuity of care requests and outcomes, and changes to provider networks, including provider enrollment and disenrollment changes. The plans shall report this information by county, and in the format requested by the department.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The department may develop supplemental implementation plans to separately account for the transition of individuals from the Healthy Families Program to specific Medi-Cal delivery systems.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The department shall consult with the Legislature and stakeholders, including, but not limited to, consumers, families, consumer advocates, counties, providers, and health and dental plans, in the development of
implementation plans described in paragraph (3) for individuals who are transitioned to Medi-Cal in Phase 2, Phase 3, and Phase 4, as described in subparagraphs (B), (C), and (D) of paragraph (1).
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The department shall consult and collaborate with the Department of Managed Health Care in assessing Medi-Cal managed care health plan network adequacy in accordance with the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) for purposes of the developed transition plans pursuant to paragraph (2) for each of the phases.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of individuals transitioning in Phase 1, as described in subparagraph (A) of paragraph (1), network adequacy shall be assessed as described in this paragraph and findings from this assessment shall be provided to the fiscal and appropriate
policy committees of the Legislature 60 days prior to the effective date of implementing this transition.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department and MRMIB shall work collaboratively in the development of notices for individuals transitioned pursuant to paragraph (1) of subdivision (e).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The state shall provide written notice to individuals enrolled in the Healthy Families Program of their transition to the Medi-Cal program at least 60 days prior to the transition of individuals in Phase 1, as described in subparagraph (A) of paragraph (1) of subdivision (e), and at least 90 days prior to transition of individuals in Phases 2, 3, and 4, as described in subparagraphs (B), (C), and (D) of paragraph (1) of subdivision (e).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notices developed pursuant to this subdivision shall ensure individuals are informed
regarding the transition, including, but not limited to, how individuals’ systems of care may change, when the changes will occur, and whom they can contact for assistance when choosing a Medi-Cal managed care plan, if applicable, including a toll-free telephone number, and with problems they may encounter. The department shall consult with stakeholders regarding notices developed pursuant to this subdivision. These notices shall be developed using plain language, and written translation of the notices shall be available for those who are limited English proficient or non-English speaking in all Medi-Cal threshold languages.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The department shall designate department liaisons responsible for the coordination of the Healthy Families Program and may establish a children’s-focused section for this purpose and to facilitate the provision of health care services for children enrolled in Medi-Cal.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The department shall provide a process for ongoing stakeholder consultation and make information publicly available, including the achievement of benchmarks, enrollment data, utilization data, and quality measures.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In order to aid the transition of Healthy Families Program enrollees, MRMIB, on the effective date of the act that added this section and continuing through the completion of the transition of Healthy Families Program enrollees to the Medi-Cal program, shall begin requesting and collecting from health plans contracting with MRMIB pursuant to Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code, information about each health plan’s provider network, including, but not limited to, the primary care and all specialty care providers assigned to individuals enrolled in the health plan. MRMIB shall obtain this information in
a manner that coincides with the transition activities described in subdivision (d), and shall provide all of the collected information to the department within 60 days of the department’s request for this information to ensure timely transitions of Healthy Families Program enrollees.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall analyze the existing Healthy Families Program delivery system network and the Medi-Cal fee-for-service provider networks, including, but not limited to, Medi-Cal dental providers, to determine overlaps of the provider networks in each county for which there are no Medi-Cal managed care plans or dental managed care plans. To the extent there is a lack of existing Medi-Cal fee-for-service providers available to serve the Healthy Families Program enrollees, the department shall work with the Healthy Families Program provider community to encourage participation of those providers in the Medi-Cal program, and develop a streamlined process to
enroll them as Medi-Cal providers.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
MRMIB, within 60 days of a request by the department, shall provide the department any data, information, or record concerning the Healthy Families Program as is necessary to implement the transition of enrollment required pursuant to this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding any other law, all of the following shall apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The term “data, information, or record” shall include, but is not limited to, personal information as defined in Section 1798.3 of the Civil Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Any data, information, or record shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and any other law, to the same
extent that it was exempt from disclosure or privileged prior to the provision of the data, information, or record to the department.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The provision of this data, information, or record to the department shall not constitute a waiver of any evidentiary privilege or exemption from disclosure.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The department shall keep all data, information, or records provided by MRMIB confidential to the full extent permitted by law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and consistent with MRMIB’s contractual obligations to keep the data, information, or records confidential.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section shall be implemented only to the extent that all necessary federal approvals and waivers have been obtained and the
enhanced rate of federal financial participation under Title XXI of the federal Social Security Act (42 U.S.C. Sec. 1397aa et seq.) is available for targeted low-income children pursuant to that act.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (B), the department shall exercise the option pursuant to Section 1916A of the federal Social Security Act (42 U.S.C. Sec. 1396o-1) to impose premiums for individuals described in subdivision (a) of Section 14005.26 whose family income has been determined to be above 150 percent and up to and including 200 percent of the federal poverty level, after application of the income disregard pursuant to paragraph (2) of subdivision (a) of Section 14005.26. The department shall not impose premiums under this subdivision for individuals described in subdivision (a) of Section 14005.26 whose family income has been determined to be at or below 150 percent of the federal
poverty level, after application of the income disregard pursuant to paragraph (2) of subdivision (a) of Section 14005.26. The department shall obtain federal approval for the implementation of this subdivision.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Effective January 1, 2014, the family income range for the imposition of premiums pursuant to subparagraph (A) for individuals described in subdivision (a) or (b) of Section 14005.26 shall be above 160 percent and shall go up to and include 261 percent of the federal poverty level as determined, counted, and valued in accordance with the requirements of Section 14005.64. The department shall not impose premiums for eligible individuals whose family income has been determined to be at or below 160 percent of the federal poverty level.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
All premiums imposed under this section shall equal the family contributions described in paragraph (2) of subdivision (d) of Section
12693.43 of the Insurance Code and shall be reduced in conformity with subdivisions (e) and (f) of Section 12693.43 of the Insurance Code.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The department shall not enroll targeted low-income children described in this section in the Medi-Cal program until all necessary federal approvals and waivers have been obtained, or no sooner than January 1, 2013.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (B), to the extent the new budget methodology pursuant to paragraph (6) of subdivision (a) of Section 14154 is not fully operational, for the purposes of implementing this section, for individuals described in subdivision (a) whose family income has been determined to be at or below 150 percent of the federal poverty level, after application of the disregard pursuant to paragraph (2) of subdivision (a) of Section 14005.26, the department
shall utilize the budgeting methodology for this population as contained in the November 2011 Medi-Cal Local Assistance Estimate for Medi-Cal county administration costs for eligibility operations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Effective January 1, 2014, the federal poverty level percentage used under subparagraph (A) for individuals described in subdivision (a) shall equal 160 percent of the federal poverty level as determined, counted, and valued in accordance with the requirements of Section 14005.64.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (B), for purposes of implementing this section, the department shall include in the Medi-Cal Local Assistance Estimate an amount for Medi-Cal eligibility operations associated with the transfer of Healthy Families Program enrollees eligible pursuant to subdivision (a) of Section 14005.26 and whose family income is determined to be above 150
percent and up to and including 200 percent of the federal poverty level, after application of the income disregard pursuant to paragraph (2) of subdivision (a) of Section 14005.26. In developing an estimate for this activity, the department shall consider the projected number of final eligibility determinations each county will process and projected county costs. Within 60 days of the passage of the annual Budget Act, the department shall notify each county of their allocation for this activity based upon the amount allotted in the annual Budget Act for this purpose.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Effective January 1, 2014, for purposes of implementing this section, the department shall include in the Medi-Cal Local Assistance Estimate an amount for Medi-Cal eligibility operations associated with the transfer of Healthy Families Program enrollees eligible pursuant to subdivision (a) or (b) of Section 14005.26 and whose family income is determined to be above 160 percent
and up to and including 261 percent of the federal poverty level.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
When the new budget methodology pursuant to paragraph (6) of subdivision (a) of Section 14154 is fully operational, the new budget methodology shall be utilized to reimburse counties for eligibility determinations made for individuals pursuant to this section.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Except as provided in subdivision (b), eligibility determinations and annual redeterminations made pursuant to this section shall be performed by county eligibility workers.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
In conducting the eligibility determinations for individuals pursuant to this section and Section 14005.26, the following reporting and performance standards shall apply to all counties:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Counties shall report to the department, in a manner and
for a time period determined by the department, in consultation with the County Welfare Directors Association, the number of applications processed on a monthly basis, a breakout of the applications based on income using the federal percentage of poverty levels, the final disposition of each application, including information on the approved Medi-Cal program, if applicable, and the average number of days it took to make the final eligibility determination for applications submitted directly to the county and from the single point of entry (SPE).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding any other law, the following performance standards shall be applied to counties for eligibility determinations for individuals eligible pursuant to this section:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For children whose applications are received by the county human services department from the SPE, the following standards shall apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Applications for children who are granted accelerated enrollment by the SPE shall be processed according to the timeframes specified in subdivision (d) of Section 14154.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Applications for children who are not granted accelerated enrollment by the SPE due to the existence of an already active Medi-Cal case shall be processed according to the timeframes specified in subdivision (d) of Section 14154.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For applications for children who are not described in clause (i) or (ii), 90 percent shall be processed within 10 working days of being received, complete and without client errors.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
If an application described in this section also contains adults, and the adult applicants are required to submit additional information beyond the information
provided for the children, the county shall process the eligibility for the child or children without delay, consistent with this section while gathering the necessary information to process eligibility for the adults.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The department, in consultation with the County Welfare Directors Association, shall develop reporting requirements for the counties to provide regular data to the state regarding the timeliness and outcomes of applications processed by the counties that are received from the SPE.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Performance thresholds and corrective action standards as set forth in Section 14154 shall apply.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For applications received directly by the county, these applications shall be processed by the counties in accordance with the performance standards established under subdivision (d) of Section 14154.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision shall be implemented no sooner than January 1, 2013.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Twelve months after implementation of this section pursuant to subdivision (e), the department shall provide enrollment information regarding individuals determined eligible pursuant to subdivision (a) to the fiscal and appropriate policy committees of the Legislature.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, for purposes of this transition, the department, without taking any further regulatory action, shall implement, interpret, or make specific this section by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions until the time regulations are adopted. It is the intent of the Legislature that
the department be allowed temporary authority as necessary to implement program changes until completion of the regulatory process.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To the extent otherwise required by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall adopt emergency regulations implementing this section no later than July 1, 2014. The department may thereafter readopt the emergency regulations pursuant to that chapter. The adoption and readoption, by the department, of regulations implementing this section shall be deemed to be an emergency and necessary to avoid serious harm to the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe facts showing the need for immediate action and from review by the Office of Administrative Law.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
To implement this section, the department may enter into and continue contracts with the Healthy Families Program administrative vendor, for the purposes of implementing and maintaining the necessary systems and activities for providing health care coverage to optional targeted low-income children in the Medi-Cal program for purposes of accelerated enrollment application processing by single point of entry, noneligibility-related case maintenance and premium collection, maintenance of the Health-E-App web portal, call center staffing and operations, certified application assistant services, and reporting capabilities. To further implement this section, the department may also enter into a contract with the Health Care Options Broker of the department for purposes of managed care enrollment activities. The contracts entered into or amended under this section may initially be completed on a noncompetitive bid basis and are exempt from the Public
Contract Code. Contracts thereafter shall be entered into or amended on a competitive bid basis and shall be subject to the Public Contract Code.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If at any time the director determines that this section or any part of this section may jeopardize the state’s ability to receive federal financial participation under the federal Patient Protection and Affordable Care Act (Public Law 111-148), or any amendment or extension of that act, or any additional federal funds that the director, in consultation with the Department of Finance, determines would be advantageous to the state, the director shall give notice to the fiscal and policy committees of the Legislature and to the Department of Finance. After giving notice, this section or any part of this section shall become inoperative on the date that the director executes a declaration stating that the department has determined, in consultation with the Department of
Finance, that it is necessary to cease to implement this section or a part or parts thereof in order to receive federal financial participation, any increase in the federal medical assistance percentage available on or after October 1, 2008, or any additional federal funds that the director, in consultation with the Department of Finance, has determined would be advantageous to the state.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The director shall retain the declaration described in paragraph (1), shall provide a copy of the declaration to the Secretary of State, the Secretary of the Senate, the Chief Clerk of the Assembly, and the Legislative Counsel, and shall post the declaration on the department’s internet website.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In the event that the director makes a determination under paragraph (1) and this section ceases to be implemented, the children shall be enrolled back into the Healthy Families
Program.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_BECA0931-65B1-48BC-97D7-83D0EAE7CE21">
<ns0:Num>SEC. 152.</ns0:Num>
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Section 14105.47 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_BE0F0874-DEF3-4CAF-9FD6-431B4C9ED27D">
<ns0:Num>14105.47.</ns0:Num>
<ns0:LawSectionVersion id="id_28178486-BCC4-4EC3-ABF8-7BF3E909C6A1">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall establish a list of medical supplies. The list shall specify utilization controls to be applied to each medical supply product.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The utilization controls specified shall include, but not be limited to, those provided by regulation of the department.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall notify providers at least 30 days prior to the effective date of a change in utilization controls.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall establish a list of maximum allowable product costs (MAPCS) for medical supplies, which shall be published in provider bulletins.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall update existing MAPCS and establish additional MAPCS in accordance with all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
In establishing the MAPCS, the director shall assure that eligible persons shall receive medical supply products that are available to the public generally, without discrimination or segregation based purely on economic disability.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
All related medical supply products within each particular medical supply type available for retail distribution shall be reviewed by the department in consultation with representatives from the California Association of Medical Product Suppliers and the California Pharmacists Association.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The department shall base MAPCS on the mean of the wholesale selling price of related medical supply products
that are available in California. For purposes of this section, “wholesale selling price” means the price, including discounts and rebates, paid by a provider to a wholesaler, distributor, or manufacturer for a medical supply product.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
In establishing the MAPCS, the department shall consider the
provider-related costs of the product that include, but are not limited to, shipping, handling, storage, and delivery.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The department shall notify Medi-Cal providers at least 30 days prior to the effective date of MAPCS.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In establishing the list of medical supplies, the department may enter into exclusive or nonexclusive contracts on a bid or negotiated basis with manufacturers, distributors, dispensers, or suppliers of medical supplies pursuant to Section 14105.3.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To ensure that the health needs of Medi-Cal beneficiaries are met, the department shall, when evaluating a decision to execute a contract, and when evaluating medical supplies for retention on, addition to, or deletion from, the list of medical supplies, consider all of the
following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The safety of the product.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The effectiveness of the product.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The essential need for the product.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The potential for misuse of the product.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The immediate or long-term cost-effectiveness of the product.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The deficiency of a product when measured by one of the criteria specified in paragraph (2) may be sufficient to support a decision that the product should be deleted from,
should not be added to, or should not be retained on, the list of medical supplies. However, the superiority of a product under one criterion may be sufficient to warrant the addition or retention of the product, notwithstanding a deficiency in another criterion.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
In the evaluation of the effectiveness of a product, the department may require the manufacturer, distributor, dispenser, or supplier to submit its products to testing by an independent laboratory. For the purposes of this section, “independent laboratory” means an analytical laboratory that is not a subsidiary of, affiliated with, or on retainer for, the manufacturer, distributor, dispenser, or supplier. The department shall only utilize this paragraph involving products where there is a demonstrated experience of a significant variation in performance among the products subject to this particular contracting process.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, actions under this section shall not be subject to the Administrative Procedure Act or to the review and approval of the Office of Administrative Law.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_8FFC6886-E311-43FC-BE0E-AE1DCA7C0C42">
<ns0:Num>SEC. 153.</ns0:Num>
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Section 14132.968 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_2BEE674A-3E76-4771-9B22-E99674978E8B">
<ns0:Num>14132.968.</ns0:Num>
<ns0:LawSectionVersion id="id_673FB45F-CD44-49F1-8009-4B4B49614403">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Pharmacist services are a benefit under the Medi-Cal program, subject to approval by the federal Centers for Medicare and Medicaid Services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall establish a fee schedule for the list of pharmacist services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The rate of reimbursement for pharmacist services shall be at 85 percent of the fee schedule for physician services under the Medi-Cal program, except for medication therapy management (MTM) pharmacist services as described in Section 14132.969.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The following services are covered pharmacist services that may be provided to a Medi-Cal
beneficiary:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Furnishing travel medications, as authorized in clause
(iv) of subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052 of the Business and Professions Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Furnishing naloxone hydrochloride, as authorized in Section 4052 of the Business and Professions Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Furnishing self-administered hormonal contraception, as authorized in subparagraph (A) of paragraph (10) of subdivision (a) of Section 4052
of the Business and Professions Code.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Initiating and administering immunizations, as authorized in paragraph (15) of subdivision (a) of Section 4052 of the Business and Professions Code.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Providing tobacco cessation counseling and furnishing nicotine replacement therapy, as authorized in Section 4052 of the Business and Professions Code.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Initiating and furnishing preexposure prophylaxis, as
authorized in Section
4052 of the Business and Professions Code.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Initiating and furnishing postexposure prophylaxis, as authorized in Section 4052 of the Business and Professions Code.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Providing MTM pharmacist services in conjunction with the dispensing of qualified specialty drugs, as described in Section 14132.969.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Covered pharmacist services shall be subject to department protocols and utilization controls.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A pharmacist shall be enrolled as an ordering, referring, and prescribing provider under the Medi-Cal program prior
to rendering a pharmacist service that is submitted by a Medi-Cal pharmacy provider for reimbursement pursuant to this section.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The director shall seek any necessary federal approvals to implement this section. This section shall not be implemented until the necessary federal approvals are obtained and shall be implemented only to the extent that federal financial participation is available.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This section neither restricts nor prohibits any services currently provided by pharmacists as authorized by law, including, but not limited to, this chapter, or the Medicaid state plan.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section, and any
applicable federal waivers and state plan amendments, by means of all-county letters, plan letters, plan or provider bulletins, or similar instructions, without taking regulatory action. By July 1, 2021, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Commencing July 1, 2017, the department shall provide a status report to the Legislature on a semiannual basis, in compliance with Section 9795 of the Government Code, until regulations have been adopted.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_DDD050DB-E3DF-44DF-9D37-27F708F199FF">
<ns0:Num>SEC. 154.</ns0:Num>
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Section 16000.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_57AF01F9-ED44-4BBB-AFB3-5907D3E8125D">
<ns0:Num>16000.1.</ns0:Num>
<ns0:LawSectionVersion id="id_B33B87F3-7DAA-47C0-B078-B87C88287C1C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The state has a duty to care for and protect the children that the state places into foster care, and as a matter of public policy, the state assumes an obligation of the highest order to ensure the safety of children in foster care.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A judicial order establishing jurisdiction over a child placed into foster care supplants or limits parental or previous adult authority.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Nothing in this section is intended to change the balance of liability between the state and the counties as it existed prior to the decision of the California Court of Appeal in County of Los
Angeles v. Superior Court of Los Angeles: Real Party in Interest Terrell R. (2002) 102 Cal.App.4th 627, as established by the decision of the California Court of Appeal in Scott v. County of Los Angeles (1994) 27 Cal.App.4th 125. Furthermore, nothing in this section is intended to increase or decrease the liability of the state as it existed prior to the Terrell R. case.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
It is the intent of the Legislature that nothing in the decision of the California Court of Appeal in County of Los Angeles v. Superior Court of Los Angeles: Real Party in Interest Terrell R. (2002) 102 Cal.App.4th 627, shall be held to change the standards of liability and immunity for injuries to children in protective custody that existed prior to that decision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
It is the intent of the Legislature to confirm the state’s duty to comply with all requirements under Part B of Title
IV of the Social Security Act (42 U.S.C. Sec. 621
et seq.) and Part E of Title IV of the Social Security Act (42 U.S.C. Sec. 670 et seq.) that are relevant to the protection and welfare of children in foster care.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_55A0777F-6509-4280-B459-22D7482AA185">
<ns0:Num>SEC. 155.</ns0:Num>
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Section 16121.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
, as amended by Section 6 of Chapter 107 of the Statutes of 2025, is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_DCBC7CE6-E4B0-4741-8EEB-FDE937CC2458">
<ns0:Num>16121.5.</ns0:Num>
<ns0:LawSectionVersion id="id_D29EBE85-D071-4462-BF6B-D927586A46F3">
<ns0:Content>
<html:p>
(a)
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Adoption Assistance Program (AAP) payments may be made on behalf of an otherwise eligible child for placement in an out-of-state residential treatment facility if one or more of the adoptive parents reside in the state in which the residential treatment facility is located and the responsible public agency has confirmed that placement in the an out-of-state residential treatment facility is necessary for the temporary resolution of the mental health, behavioral health, or emotional health needs of the child and related to a condition that existed before the adoptive placement.
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<html:p>
(b)
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AAP benefits may be authorized for payment for an eligible child’s
placement in an out-of-state residential treatment facility if the responsible public agency has determined that both of the following conditions exist:
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<html:p>
(1)
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One or more of the adoptive parents reside in the state in which the residential treatment facility is located.
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<html:p>
(2)
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The placement is justified by a specific condition and does not exceed a 12-month cumulative period of time. For the purpose of transitioning the child home, payment at the rate described in subdivision (d) may continue for up to an additional 60 calendar days if the child remains placed at the out-of-state residential treatment facility.
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<html:p>
(c)
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The designation of the placement facility shall be made, after consultation with the adoptive family, by the responsible public agency. Placement in an out-of-state residential treatment facility shall only be
made as part of a plan for return of the child to the adoptive family and the adoptive parents shall actively participate in the reunification plan.
</html:p>
<html:p>
(d)
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The AAP rate paid on behalf of the child for an out-of-state residential treatment facility shall not exceed the lesser amount of the following:
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<html:p>
(1)
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The rate paid for a foster care placement in a short-term residential therapeutic program, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code.
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<html:p>
(2)
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The rate determined by the ratesetting authority in the state in which the out-of-state residential treatment facility is located.
</html:p>
<html:p>
(e)
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(1)
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For the purpose of this section, “out-of-state residential treatment facility” means a facility that is
located in a state outside of California, is licensed and in good standing or otherwise approved and in good standing by the applicable state or tribal authority, is eligible as a Title IV-E funded placement in the state in which it is situated, and provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour, trauma-informed care and supervision to children. An out-of-state residential treatment facility may be called another name, including a group home, a residential facility, or a residential care treatment facility. An out-of-state residential treatment facility shall have a trauma-informed therapeutic focus to treat a child’s mental health, behavioral health, emotional health, and attachment needs, and shall have a mental health clinic program.
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<html:p>
(2)
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For purposes of this section, “out-of-state residential treatment facility” shall not include wilderness programs,
boot camps, detention facilities, any facility operated primarily for the detention of youth who are involved in the juvenile justice system, academies, or schools, including, but not limited to, boarding schools and military schools.
</html:p>
<html:p>
(3)
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For purposes of this section, “responsible public agency” means the department or county adoption agency responsible for determining a child’s AAP eligibility and initial and subsequent payment amount.
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<html:p>
(f)
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(1)
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Prior to the authorization of AAP benefits in the out-of-state residential treatment facility, the adoptive family shall provide proof of licensing and accreditation to the responsible public agency. The adoptive family shall provide verification that the out-of-state residential treatment facility is all of the following:
</html:p>
<html:p>
(A)
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Licensed or otherwise
approved by the applicable state or tribal authority.
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<html:p>
(B)
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In good standing.
</html:p>
<html:p>
(C)
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Eligible as a Title IV-E funded placement.
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<html:p>
(D)
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A qualified residential treatment program, as defined in the federal Social Security Act (42 U.S.C. Sec. 672(k)(4)).
</html:p>
<html:p>
(2)
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The documentation required by paragraph (1) shall originate from the government agency or tribal authority that licenses or otherwise approves the out-of-state residential treatment facility, or the appropriate state or tribal Title IV-E agency.
</html:p>
<html:p>
(g)
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Commencing September 1, 2025, and annually thereafter, county adoption agencies shall provide all of the following information to the department:
</html:p>
<html:p>
(1)
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The total number of children in out-of-state residential treatment facilities.
</html:p>
<html:p>
(2)
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The name and location of each out-of-state residential treatment facility during the reporting period.
</html:p>
<html:p>
(3)
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The number of days each child placed in an out-of-state residential treatment facility remained in that facility.
</html:p>
<html:p>
(h)
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This section shall not be interpreted to invalidate or alter the terms or conditions of adoption assistance agreements executed before the effective date of this section. For a child who is placed in any facility outside of California funded through AAP before June 30, 2025, or
the effective date of this section, whichever date is later, and remains in placement on June 30, 2025, or the effective date of this section, whichever date is later, payment at the negotiated benefit amount shall not exceed the timeframe authorized in the adoption assistance agreement in effect on June 30, 2025, or the effective date of this section, whichever date is later, unless the responsible public agency and the adoptive parents have negotiated and agreed upon up to an additional 60 calendar days for the purpose of transitioning the child home.
</html:p>
<html:p>
(i)
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The department shall engage child welfare advocates, county child welfare agencies, tribes, and interested stakeholders to update policies regarding the use of AAP for wraparound and out-of-home placements, including planning for transition back home to the family setting, and shall provide to the Legislature proposed statutory changes no later than February 1, 2026.
</html:p>
<html:p>
(j)
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(1)
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The department shall provide guidance to counties regarding the steps necessary to document the requirements described in this section and shall develop processes to regularly document that the out-of-state residential treatment facility continues to meet the requirements of subdivision (f).
</html:p>
<html:p>
(2)
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Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-county letters or similar written instructions and amended forms, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations.
</html:p>
<html:p>
(k)
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This section is inoperative on July 1, 2027, or the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement the Tiered Rate Structure described in subdivision (h) of Section 11461, whichever is later, and is repealed as of January 1 of the following year.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_F608F93E-E515-4705-B2FC-FA48BC8BCA24">
<ns0:Num>SEC. 156.</ns0:Num>
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Section 18900 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3F1D4381-BFE4-47B5-BFA5-4AD508FFB20E">
<ns0:Num>18900.</ns0:Num>
<ns0:LawSectionVersion id="id_FFBD566A-39A8-45AB-8CA3-9686FC34F3B4">
<ns0:Content>
<html:p>Finding that hunger, undernutrition, and malnutrition are present and continuing problems faced by low-income California households, and further finding that the federal Supplemental Nutrition Assistance Program (Chapter 51 (commencing with Section 2011) of Title 7 of United States Code) offers significant health-vital benefits, the purpose of this chapter is to establish a statewide program to enable recipients of aid under Part 3 (commencing with Section 11000) or Part 5 (commencing with Section 17000) and other low-income households to receive
benefits under the federal Supplemental Nutrition Assistance Program.</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_D69905DD-25B9-47CE-BED7-F6A9B24EC47E">
<ns0:Num>SEC. 157.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:statutes2025:CHP202500578:caml#xpointer(%2Fcaml%3AMeasureDoc%2Fcaml%3ABill%2Fcaml%3ABillSection%5Bcaml%3ANum%3D'SEC.%203.'%5D)" ns3:label="fractionType: BILL_SECTION" ns3:type="locator">Section 3 of Chapter 578 of the Statutes of 2025 is amended to read:</ns0:ActionLine>
<ns0:Fragment>
<ns0:BillSection id="id_C1C13ADB-7723-4571-8A35-8EEC8C29229F">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:Content>
<html:p>For purposes of this act, the following terms shall apply:</html:p>
<html:p>
(a)
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“After-acquired lands” means property that is not original tidelands or submerged lands, title to which was not derived from the granting statutes, that was acquired with public trust funds derived from port operations. “After-acquired lands” are those landward of the 1872 Allardt survey line. The buildings at the following addresses are within after-acquired lands: 100 Washington Street, 101 Washington Street, 98 Broadway, 255 2nd Street, and 66 Franklin Street. The buildings at 70 Washington Street and 55 Harrison Street shall be treated
as wholly within after-acquired lands for purposes of this act.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Granting statutes” means all state grants of real property in Jack London Square, including, but not limited to, Chapter 107 of the Statutes of 1852, Chapter 174 of the Statutes of 1923, Chapter 45 of the Statutes of 1937, Chapter 343 of the Statutes of 1937, Chapter 720 of the Statutes of 1941, and Chapter 218 of the Statutes of 1945, all as amended.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Jack London Square” means the mixed-use waterfront area within the City of Oakland bounded by the Oakland Estuary to the south, 2nd Street to the north, Clay Street to the west, and Alice Street to the east.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Lease” means a lease or license for use of real property, sublease, or sublicense, temporary easement, right-of-way agreement, development agreement, or other agreement granting to any
person any right to use, occupy, or improve port lands.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Port of Oakland” or “port” means the City of Oakland, a municipal corporation, acting by and through its Board of Port Commissioners, established by the Charter of the City of Oakland, acting pursuant to the city charter as the trustee of the lands granted pursuant to the granting statutes and trustee of any improvements or related assets and other lands owned by the city that are located adjacent to the port.
</html:p>
<html:p>
(f)
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“Public trust” or “trust” means the constitutional and common law doctrine providing the state’s sovereign authority over the navigable waters of the state, including the original tidelands and submerged lands underlying those waters that are held in trust for the benefit of all the people of the state and for purposes that include maritime or water-dependent commerce, navigation, fisheries, the preservation of
lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Stipulated Judgment” means the Stipulation for Entry of Final Judgment entered in People of the State of California v. City of Oakland et al., Alameda County Superior Court Case No. RG05-196720, on February 2, 2005.
</html:p>
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</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_913ACFAF-CA60-41B4-B92A-5957A45D38F0">
<ns0:Num>SEC. 158.</ns0:Num>
<ns0:Content>
<html:p>Any section of any act enacted by the Legislature during the 2026 calendar year that takes effect on or before January 1, 2027, and that amends, amends and renumbers, adds, repeals and adds, or repeals a section that is amended, amended and renumbered, added, repealed and added, or repealed by this act, shall prevail over this act, whether that act is enacted before, or subsequent to, the enactment of this act.</html:p>
</ns0:Content>
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