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<ns0:ActionText>FILED</ns0:ActionText>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Dixon</ns0:AuthorText>
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<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Dixon</ns0:Name>
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<ns0:Title> An act to amend Sections 205, 208, 1944, 2529.8.1, 4848.1, 4996.22, 5070.1, 5272, 5272.5, 7048, 7363, 8020.5, 17580, 19520, 23399.5, 26051.5, 26152.2, and 26200 of the Business and Professions Code, to amend Sections 714.3, 798.56, 835, 1770, 1785.11.11, 1798.130, 1798.140, 1798.185, 1950.6, 1954.09, 2214, 2924f, 3111, 3480, and 5115 of, and to amend the heading of Chapter 6 (commencing with Section 2213) of Title 7 of Part 4 of Division 3 of, the Civil Code, to amend Sections 8, 5510, 7510, and 12460 of the Corporations Code, to amend Sections 8222, 8242, 10864, 17586, 33328.5, 33355, 42238.026, 44260.1, 44320.5, 44395, 45202, 46392, 47604.2, 48306, 51225.7, 51255, 66023.4, 66023.5, 66076.2, 66270.7, 66280.5, 66308, 66749.81, 69996.9, and 76303 of, and to amend and renumber Section 51225.32 of, the Education Code, to amend Sections 2201, 2208, 3019, and 20513 of the Elections Code, to amend Sections 1352, 1352.5, 1672, and 2089.22
of the Fish and Game Code, to amend Sections 12811.2, 12839, 14513, 14611, 56571, 58231.1, and 82001 of the Food and Agricultural Code, to amend Sections 8547.2, 8547.5, 8657, 11126, 12530.5, 14072.6, 14839, 14840, 19829.9852, 19829.9854, 51298, 53398.52, 54239.4, 62506, 62509, 62520, 62551, 62551.1, 62582, 65302, 65585, 65588, 65852.8, 65913.4, 65915, 65915.3, 66314, 66499.41, and 89517.5 of, and to repeal the heading of Title 8.5 of, the Government Code, to amend Sections 1317.2a, 1343.3, 1374.72, 2056, 9077, 18214, 50197.3, 50513, 50515.03, 50710.7, 111926, 114368.8, 114381, 120440, 128454, and 130065.1 of, and to repeal the headings of Divisions 38 and 39 of, the Health and Safety Code, to amend Section 10509.9205 of the Insurance Code, to amend Sections 226.8, 2699, and 2699.3 of the Labor Code, to amend Sections 257, 395.1, 502, 502.1, 502.2, 502.4, 504, 505, 510, 513, 520, 552, 555, 557, 987.005, 987.300, and 1690 of the Military and Veterans Code, to amend Sections 236.8, 236.10, 236.11, 803, 888,
1233.12, and 28230 of the Penal Code, to amend Sections 2051, 10115.1, and 12140 of the Public Contract Code, to amend Sections 3206, 6217.8, 42281, 42282.1, 42283, 42968.32, 42968.62, 42968.71, 42968.74, 42984.3, 42984.10, 42984.21, 42999, and 48704.1 of the Public Resources Code, to amend Section 311 of the Public Utilities Code, to amend Sections 17052.1 and 36005 of the Revenue and Taxation Code, to amend Sections 94.4 and 31490 of the Streets and Highways Code, to amend Section 679 of the Unemployment Insurance Code, to amend Sections 9250.14 and 21214.7 of the Vehicle Code, to amend Section 73510 of the Water Code, to amend Sections 361.31, 706.6, 4095, 5404, 5610, 10492.2, 14149.95, and 16501.35 of, to amend and renumber the heading of Chapter 6.5 (commencing with Section 9320) of Division 8.5 of, and to repeal the heading of Division 26 of, the Welfare and Institutions Code, and to amend Section 1 of Chapter 107 of the Statutes of 2024, relating to maintenance of the codes.</ns0:Title>
<ns0:RelatingClause>maintenance of the codes</ns0:RelatingClause>
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<ns0:Subject>Maintenance of the codes.</ns0:Subject>
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<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>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 205 of the
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, as amended by Section 2 of Chapter 497 of the Statutes of 2024, is amended to read:
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<ns0:Num>205.</ns0:Num>
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<html:p>
(a)
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There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
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<html:p>
(1)
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Accountancy Fund.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
California Architects Board Fund.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Athletic Commission Fund.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Barbering and Cosmetology Contingent Fund.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Cemetery and Funeral Fund.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Contractors License Fund.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
State Dentistry Fund.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Home Furnishings and Thermal Insulation Fund.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
California Architects Board-Landscape Architects Fund.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Contingent Fund of the Medical Board of California.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Optometry Fund.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Pharmacy Board Contingent Fund.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Physical Therapy Fund.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Private Security Services Fund.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
Consumer Affairs Fund.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
Behavioral Sciences Fund.
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
Licensed Midwifery Fund.
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
Court Reporters’ Fund.
</html:p>
<html:p>
(20)
<html:span class="EnSpace"/>
California Veterinary Medical Board Contingent Fund.
</html:p>
<html:p>
(21)
<html:span class="EnSpace"/>
Vocational Nursing and Psychiatric Technicians Fund.
</html:p>
<html:p>
(22)
<html:span class="EnSpace"/>
Electronic and Appliance Repair Fund.
</html:p>
<html:p>
(23)
<html:span class="EnSpace"/>
Acupuncture Fund.
</html:p>
<html:p>
(24)
<html:span class="EnSpace"/>
Physician Assistant Fund.
</html:p>
<html:p>
(25)
<html:span class="EnSpace"/>
Board of Podiatric Medicine Fund.
</html:p>
<html:p>
(26)
<html:span class="EnSpace"/>
Psychology Fund.
</html:p>
<html:p>
(27)
<html:span class="EnSpace"/>
Respiratory Care Fund.
</html:p>
<html:p>
(28)
<html:span class="EnSpace"/>
Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
</html:p>
<html:p>
(29)
<html:span class="EnSpace"/>
Board of Registered Nursing Fund.
</html:p>
<html:p>
(30)
<html:span class="EnSpace"/>
State Dental Hygiene Fund.
</html:p>
<html:p>
(31)
<html:span class="EnSpace"/>
Structural Pest Control Fund.
</html:p>
<html:p>
(32)
<html:span class="EnSpace"/>
Structural Pest Control Education and Enforcement Fund.
</html:p>
<html:p>
(33)
<html:span class="EnSpace"/>
Structural Pest Control Research Fund.
</html:p>
<html:p>
(34)
<html:span class="EnSpace"/>
Household Movers Fund.
</html:p>
<html:p>
(35)
<html:span class="EnSpace"/>
Household Goods and Services Fund.
</html:p>
<html:p>
(36)
<html:span class="EnSpace"/>
Naturopathic Doctor’s Fund.
</html:p>
<html:p>
(b)
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For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
</html:p>
<html:p>
(c)
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This section shall remain in effect only until July 1, 2026, and as of that date is repealed.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 205 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
, as amended by Section 3 of Chapter 497 of the Statutes of 2024, is amended to read:
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<ns0:Num>205.</ns0:Num>
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<html:p>
(a)
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There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Accountancy Fund.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
California Architects Board Fund.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Athletic Commission Fund.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Barbering and Cosmetology Contingent Fund.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Cemetery and Funeral Fund.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Contractors License Fund.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
State Dentistry Fund.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
California Architects Board-Landscape Architects Fund.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Contingent Fund of the Medical Board of California.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Optometry Fund.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Pharmacy Board Contingent Fund.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Physical Therapy Fund.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Private Security Services Fund.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Consumer Affairs Fund.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
Behavioral Sciences Fund.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
Licensed Midwifery Fund.
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
Court Reporters’ Fund.
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
California Veterinary Medical Board Contingent Fund.
</html:p>
<html:p>
(20)
<html:span class="EnSpace"/>
Vocational Nursing and Psychiatric Technicians Fund.
</html:p>
<html:p>
(21)
<html:span class="EnSpace"/>
Acupuncture Fund.
</html:p>
<html:p>
(22)
<html:span class="EnSpace"/>
Physician Assistant Fund.
</html:p>
<html:p>
(23)
<html:span class="EnSpace"/>
Board of Podiatric Medicine Fund.
</html:p>
<html:p>
(24)
<html:span class="EnSpace"/>
Psychology Fund.
</html:p>
<html:p>
(25)
<html:span class="EnSpace"/>
Respiratory Care Fund.
</html:p>
<html:p>
(26)
<html:span class="EnSpace"/>
Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
</html:p>
<html:p>
(27)
<html:span class="EnSpace"/>
Board of Registered Nursing Fund.
</html:p>
<html:p>
(28)
<html:span class="EnSpace"/>
State Dental Hygiene Fund.
</html:p>
<html:p>
(29)
<html:span class="EnSpace"/>
Structural Pest Control Fund.
</html:p>
<html:p>
(30)
<html:span class="EnSpace"/>
Structural Pest Control Education and Enforcement Fund.
</html:p>
<html:p>
(31)
<html:span class="EnSpace"/>
Structural Pest Control Research Fund.
</html:p>
<html:p>
(32)
<html:span class="EnSpace"/>
Household Goods and Services Fund.
</html:p>
<html:p>
(33)
<html:span class="EnSpace"/>
Naturopathic Doctor’s Fund.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate
account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall become operative on July 1, 2026.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 208 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
, as amended by Section 4 of Chapter 497 of the Statutes of 2024, is amended to read:
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<ns0:Num>208.</ns0:Num>
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<html:p>
(a)
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Beginning April 1, 2023, a Controlled Substance Utilization Review and Evaluation System (CURES) fee of nine dollars ($9) shall be assessed annually on each of the licensees specified in subdivision (b) to pay the reasonable costs associated with operating and maintaining CURES for the purpose of regulating those licensees. The fee assessed pursuant to this subdivision shall be billed and collected by the regulating agency of each licensee at the time of the licensee’s license renewal. If the reasonable regulatory cost of operating and maintaining CURES is less than nine dollars ($9) per licensee, the Department of Consumer Affairs, by regulation, may reduce the fee established by this section to the reasonable regulatory cost.
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<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Licensees authorized pursuant to Section 11150 of the Health and Safety Code to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances or pharmacists licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2.
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<html:p>
(2)
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Licensees issued a license that has been placed in a retired or inactive status pursuant to a statute or regulation are exempt from the CURES fee requirement in subdivision (a). This exemption shall not apply to licensees whose license has been placed in a retired or inactive status if the licensee is at any time authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Wholesalers, third-party logistics providers, nonresident wholesalers, and nonresident third-party logistics providers of dangerous
drugs licensed pursuant to Article 11 (commencing with Section 4160) of Chapter 9 of Division 2.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Nongovernmental clinics licensed pursuant to Article 13 (commencing with Section 4180) and Article 14 (commencing with Section 4190) of Chapter 9 of Division 2.
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<html:p>
(5)
<html:span class="EnSpace"/>
Nongovernmental pharmacies licensed pursuant to Article 7 (commencing with Section 4110) of Chapter 9 of Division 2.
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<html:p>
(c)
<html:span class="EnSpace"/>
The funds collected pursuant to subdivision (a) shall be deposited in the CURES Fund, which is hereby created within the State Treasury. Moneys in the CURES Fund, upon appropriation by the Legislature, shall be available to the Department of Consumer Affairs to reimburse the Department of Justice for costs to operate and maintain CURES for the purposes of regulating the licensees specified in subdivision (b).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Department of Consumer Affairs shall contract with the Department of Justice on behalf of the Medical Board of California, the Dental Board of California, the California State Board of Pharmacy, the California Veterinary Medical Board, the Board of Registered Nursing, the Physician Assistant Board, the Osteopathic Medical Board of California, the California Board of Naturopathic Medicine, the State Board of Optometry, and the Podiatric Medical Board of California to operate and maintain CURES for the purposes of regulating the licensees specified in subdivision (b).
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<html:p>
(e)
<html:span class="EnSpace"/>
This section shall become operative on April 1, 2023.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall become inoperative on April 1, 2025, and, as of January 1, 2026, is repealed.
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<ns0:BillSection id="id_23AE700C-E83A-400E-A259-8AD1008A6018">
<ns0:Num>SEC. 4.</ns0:Num>
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Section 208 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
, as amended by Section 5 of Chapter 497 of the Statutes of 2024, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_041C368D-10F3-436A-B728-ACC4E895B0FA">
<ns0:Num>208.</ns0:Num>
<ns0:LawSectionVersion id="id_32092A81-34EC-4A57-9FE2-E64A3BF65A40">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Beginning April 1, 2025, a Controlled Substance Utilization Review and Evaluation System (CURES) fee of fifteen dollars ($15) shall be assessed annually on each of the licensees specified in subdivision (b) to pay the reasonable costs associated with operating and maintaining CURES for the purpose of regulating those licensees. The fee assessed pursuant to this subdivision shall be billed and collected by the regulating agency of each licensee at the time of the licensee’s license renewal. If the reasonable regulatory cost of operating and maintaining CURES is less than fifteen dollars ($15) per licensee, the Department of Consumer Affairs, by regulation, may reduce the fee established by this section to the reasonable regulatory cost.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Licensees authorized pursuant to Section 11150 of the Health and Safety Code to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances or pharmacists licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Licensees issued a license that has been placed in a retired or inactive status pursuant to a statute or regulation are exempt from the CURES fee requirement in subdivision (a). This exemption shall not apply to licensees whose license has been placed in a retired or inactive status if the licensee is at any time authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Wholesalers, third-party logistics providers, nonresident wholesalers, and nonresident third-party logistics providers of dangerous
drugs licensed pursuant to Article 11 (commencing with Section 4160) of Chapter 9 of Division 2.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Nongovernmental clinics licensed pursuant to Article 13 (commencing with Section 4180) and Article 14 (commencing with Section 4190) of Chapter 9 of Division 2.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Nongovernmental pharmacies licensed pursuant to Article 7 (commencing with Section 4110) of Chapter 9 of Division 2.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The funds collected pursuant to subdivision (a) shall be deposited in the CURES Fund, which is hereby created within the State Treasury. Moneys in the CURES Fund, upon appropriation by the Legislature, shall be available to the Department of Consumer Affairs to reimburse the Department of Justice for costs to operate and maintain CURES for the purposes of regulating the licensees specified in subdivision (b).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Department of Consumer Affairs shall contract with the Department of Justice on behalf of the Medical Board of California, the Dental Board of California, the California State Board of Pharmacy, the California Veterinary Medical Board, the Board of Registered Nursing, the Physician Assistant Board, the Osteopathic Medical Board of California, the California Board of Naturopathic Medicine, the State Board of Optometry, and the Podiatric Medical Board of California to operate and maintain CURES for the purposes of regulating the licensees specified in subdivision (b).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall become operative on April 1, 2025.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_E9B757AF-C604-4F58-8A07-FD91522E9D97">
<ns0:Num>SEC. 5.</ns0:Num>
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Section 1944 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_3DC6B971-2135-4E12-AD10-B1334CCD85A7">
<ns0:Num>1944.</ns0:Num>
<ns0:LawSectionVersion id="id_6EB640F5-F9B1-47B1-A3D7-8B896733B5CE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The dental hygiene board shall establish by resolution the amount of the fees that relate to the licensing of a registered dental hygienist, a registered dental hygienist in alternative practice, and a registered dental hygienist in extended functions. The fees established by dental hygiene board resolution in effect on June 30, 2009, as they relate to the licensure of registered dental hygienists, registered dental hygienists in alternative practice, and registered dental hygienists in extended functions, shall remain in effect until modified by the dental hygiene board. The fees are subject to the following limitations:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The application fee for an original license and the fee for issuance of an original license shall not exceed two hundred fifty dollars
($250).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The fee for examination for licensure as a registered dental hygienist in extended functions shall not exceed the actual cost of the examination.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The fee for examination for licensure as a registered dental hygienist in alternative practice shall not exceed the actual cost of administering the examination.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The biennial renewal fee shall not exceed five hundred dollars ($500).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The delinquency fee shall not exceed one-half of the renewal fee. Any delinquent license may be restored only upon payment of all fees, including the delinquency fee,
and compliance with all other applicable requirements of this article.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The fee for issuance of a duplicate license to replace one that is lost or destroyed, or in the event of a name change, shall not exceed twenty-five dollars ($25) or one-half of the renewal fee, whichever is greater.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The fee for certification of licensure shall not exceed one-half of the renewal fee.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The fee for each curriculum review and feasibility study review for educational programs for dental hygienists who are not accredited by a dental hygiene board-approved agency shall not exceed two thousand one hundred dollars ($2,100).
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The fee for each review or approval of course requirements for licensure or procedures that require additional training shall not exceed
seven hundred fifty dollars ($750).
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The initial application and biennial fee for a provider of continuing education shall not exceed five hundred dollars ($500).
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
The amount of fees payable in connection with permits issued under Section 1962 is as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The initial permit fee is an amount equal to the renewal fee for the applicant’s license to practice dental hygiene in effect on the last regular renewal date before the date on which the permit is issued.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the permit will expire less than one year after its issuance, then the initial permit fee is an amount equal to 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the permit is issued.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
The fee for the dental hygiene board to conduct a site visit to educational programs for a registered dental hygienist, a registered dental hygienist in alternative practice, or a registered dental hygienist in extended functions to ensure compliance of educational program requirements shall not exceed the actual cost incurred by the dental hygiene board for cost recovery of site visit expenditures.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
The fee for a retired license shall not exceed one-half of the current license renewal fee.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The renewal and delinquency fees shall be fixed by the dental hygiene board by resolution at not more than the current amount of the renewal fee for a license to practice under this article nor less than five dollars ($5).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Fees fixed by the dental hygiene
board by resolution pursuant to this section shall not be subject to the approval of the Office of Administrative Law.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Fees collected pursuant to this section shall be collected by the dental hygiene board and deposited into the State Dental Hygiene Fund, which is hereby created. All money in this fund, upon appropriation by the Legislature in the annual Budget Act, shall be used to implement this article.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
No fees or charges other than those listed in this section shall be levied by the dental hygiene board in connection with the licensure of registered dental hygienists, registered dental hygienists in alternative practice, or registered dental hygienists in extended functions.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The fee for registration of an extramural dental facility shall not exceed two hundred fifty dollars ($250).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The fee for registration of a mobile dental hygiene unit shall not exceed one hundred fifty dollars ($150).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The biennial renewal fee for a mobile dental hygiene unit shall not exceed two hundred fifty dollars ($250).
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The fee for an additional office permit shall not exceed two hundred fifty dollars ($250).
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The biennial renewal fee for an additional office as described in Section 1926.4 shall not exceed two hundred fifty dollars ($250).
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The initial application and biennial special permit fee is an amount equal to the biennial renewal fee specified in paragraph (5) of subdivision (a).
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
The fees in this
section shall not exceed an amount sufficient to cover the reasonable regulatory cost of carrying out this article.
</html:p>
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</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A39CA214-BA40-4E27-9625-F197205CFA58">
<ns0:Num>SEC. 6.</ns0:Num>
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Section 2529.8.1 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_46F11620-A588-474F-AD99-B85C8146A2F8">
<ns0:Num>2529.8.1.</ns0:Num>
<ns0:LawSectionVersion id="id_DE83E88E-A91F-466F-936F-8CB4F6EF2566">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person shall not hold themselves out to be an athletic trainer, use the title “athletic trainer,” “certified athletic trainer,” “licensed athletic trainer,” “registered athletic trainer,” or any other term such as “AT,” “ATC,” “LAT,” or “CAT” to imply or suggest that the person is an athletic trainer, unless they meet the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Have done either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Graduated from a college or university after completing an athletic training education program accredited by the Commission on Accreditation of Athletic Training Education, or its predecessors or successors.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Completed eligibility requirements
for certification by the Board of Certification for the Athletic Trainer, or its predecessors or successors.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Is certified by the Board of Certification for the Athletic Trainer, or its predecessors or successors.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is an unfair business practice within the meaning of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 for a person to use the title “athletic trainer,” “certified athletic trainer,” “licensed athletic trainer,” “registered athletic trainer,” or any other term such as “AT,” “ATC,” “LAT,” or “CAT,” that implies or suggests that the person is an athletic trainer, if they do not meet the requirements of subdivision (a).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A person shall not hold themselves out to be an athletic trainer or use any of the titles listed under subdivisions (a) and (b) if either of the following is
true:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The person has been convicted in a court in or outside of this state of any offense that, if committed or attempted in this state, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in subdivision (c) of Section 290 of the Penal Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The person has an athletic trainer license or registration in another state that was disciplined or is otherwise restricted, or if an accusation or similar document initiating disciplinary action is pending against the license or registration.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A person who is currently using one of the titles listed under subdivisions (a) and (b) and is covered under a collective bargaining agreement is not subject to the requirements of this section until the parties to that bargaining agreement renew that agreement. At
that time, a person shall not use the titles listed in subdivisions (a) and (b) if the individual does not meet the requirements of this section. Those individuals may choose a different title to describe their positions under the new collective bargaining agreement.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
An employee whose title is changed in order to comply with this section shall not suffer any loss of employment status as a result of the title change, including, but not limited to, layoff, demotion, termination, reclassification, or loss of pay, seniority, benefits, or any other status or compensation related to the position.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section does not apply to professional trainers licensed by the State Athletic Commission.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_82CDD73D-C641-4765-9632-CB726B84C142">
<ns0:Num>SEC. 7.</ns0:Num>
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Section 4848.1 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F9881B7E-6A64-4FCB-81FC-EF93F43FDF38">
<ns0:Num>4848.1.</ns0:Num>
<ns0:LawSectionVersion id="id_AB21B081-6E88-40D9-A823-F2570D2E8E11">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A veterinarian engaged in the practice of veterinary medicine, as defined in Section 4826, employed by the University of California and engaged in the performance of duties in connection with the School of Veterinary Medicine or employed by the Western University of Health Sciences and engaged in the performance of duties in connection with the College of Veterinary Medicine shall be issued a university license pursuant to this section or hold a license to practice veterinary medicine in this state.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An individual may apply for and be issued a university license if all of the following are satisfied:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The applicant is currently employed by the University of California or Western University
of Health Sciences, as defined in subdivision (a).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The applicant passes an examination concerning the statutes and regulations of this chapter, administered by the board, pursuant to subparagraph (B) of paragraph (5) of subdivision (a) of Section 4846.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The applicant completes and submits the application specified by the board and pays the application and the initial license fee, pursuant to Section 4905.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A university license:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Shall automatically cease to be valid upon termination or cessation of employment by the University of California or by the Western University of Health Sciences.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Shall be subject to the license renewal provisions in Section 4900 and the payment of
the renewal fee pursuant to subdivision (g) of Section 4905.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Shall be subject to denial, revocation, or suspension pursuant to Sections 480, 4875, and 4883.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Authorizes the holder to practice veterinary medicine only at an educational institution described in subdivision (a) and any locations formally affiliated with those institutions.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An individual who holds a university license is exempt from satisfying the license renewal requirements of Section 4846.5.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A16C11D4-2070-4AB7-A7EF-14F905E99B03">
<ns0:Num>SEC. 8.</ns0:Num>
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Section 4996.22 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_6A982C5C-DC30-4CEB-971F-DB26E943DEA7">
<ns0:Num>4996.22.</ns0:Num>
<ns0:LawSectionVersion id="id_08FAF44A-45BD-4503-B74C-9FED0E7133E1">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in subdivision (d), the board shall not renew any license pursuant to this chapter unless the applicant certifies to the board, on a form prescribed by the board, that the applicant has completed not less than 36 hours of approved continuing education in or relevant to the field of social work in the preceding two years, as determined by the board.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The board shall not renew any license of an applicant who began graduate study before January 1, 2004, pursuant to this chapter unless the applicant certifies to the board that during the applicant’s first renewal period after the operative date of this section, the applicant completed a continuing education course in spousal or partner abuse assessment, detection,
and intervention strategies, including community resources, cultural factors, and same gender abuse dynamics. On and after January 1, 2005, the course shall consist of not less than seven hours of training. Equivalent courses in spousal or partner abuse assessment, detection, and intervention strategies taken before the operative date of this section or proof of equivalent teaching or practice experience may be submitted to the board and, at its discretion, may be accepted in satisfaction of this requirement. Continuing education courses taken pursuant to this paragraph shall be applied to the 36 hours of approved continuing education required under paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The board shall not renew any registration pursuant to this chapter unless the registrant certifies under penalty of perjury to the board, and on a form prescribed by the board, that they have completed not less than three hours of continuing education in the subject of California
law and ethics during the preceding year.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In determining its continuing education requirements, the board shall consider including a course in menopausal mental health.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In determining its continuing education requirements, the board shall consider including a course in maternal mental health.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The board shall have the right to audit the records of any applicant to verify the completion of the continuing education requirement. Applicants shall maintain records of completion of required continuing education coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon request.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The board may establish exceptions from the continuing education requirement of this
section for good cause as defined by the board.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The continuing education shall be obtained from one of the following sources:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An accredited school of social work, as defined in Section 4991.2, or a school or department of social work that is a candidate for accreditation by the Commission on Accreditation of the Council on Social Work Education. Nothing in this paragraph shall be construed as requiring coursework to be offered as part of a regular degree program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education or a school, college, or university that is approved by the Bureau for Private Postsecondary Education.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Another
continuing education provider, as specified by the board by regulation.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The board shall establish, by regulation, a procedure for identifying acceptable providers of continuing education courses, and all providers of continuing education, as described in paragraphs (1) and (2) of subdivision (e), shall adhere to the procedures established by the board. The board may revoke or deny the right of a provider to offer continuing education coursework pursuant to this section for failure to comply with this section or any regulation adopted pursuant to this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Training, education, and coursework by approved providers shall incorporate one or more of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Aspects of the discipline that are fundamental to the understanding, or the practice, of social work.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Aspects of the social work discipline in which significant recent developments have occurred.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Aspects of other related disciplines that enhance the understanding, or the practice, of social work.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A system of continuing education for licensed clinical social workers shall include courses directly related to the diagnosis, assessment, and treatment of the client population being served.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The continuing education requirements of this section shall comply fully with the guidelines for mandatory continuing education established by the Department of Consumer Affairs pursuant to Section 166.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The board may adopt regulations as necessary to implement this
section.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_DDF24271-4C6D-4B14-AB96-471FDEC22877">
<ns0:Num>SEC. 9.</ns0:Num>
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Section 5070.1 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_638497DA-1000-4C12-813A-8E41385E88B6">
<ns0:Num>5070.1.</ns0:Num>
<ns0:LawSectionVersion id="id_E43FAAE7-17BE-4CBC-AA17-E066B32C83EF">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The board may establish, by regulation, a system for the placement of a license into a retired status, upon application, for certified public accountants and public accountants who are not actively engaged in the practice of public accountancy or any activity that requires them to be licensed by the board.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
No licensee with a license in a retired status shall engage in any activity for which a permit is required.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The board shall deny an applicant’s application to place a license in a retired status if the permit is subject to an outstanding order of the board, is suspended or revoked, or is subject to disciplinary action under this chapter.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For purposes of this subdivision, a permanent restricted practice order shall not be considered an outstanding order of the board provided the licensee has completed probation as part of any original discipline order.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a license is subject to a permanent restricted practice order at the time the board approves the license to be placed in a retired status, the permanent restricted practice order shall be reinstated if the license is restored from retired status to an active status and shall remain in effect until the board modifies or terminates the permanent restricted practice order.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The holder of a license that was canceled pursuant to Section 5070.7 may apply for the placement of that license in a retired status pursuant to subdivision (a).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upon approval of an application made pursuant to paragraph (1), the board shall reissue that license in a retired status.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The holder of a canceled license that was placed in retired status between January 1, 1994, and January 1, 1999, inclusive, shall not be required to meet the qualifications established pursuant to subdivision (e), but shall be subject to all other requirements of this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The board shall establish minimum qualifications to place a license in retired status.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The board may exempt the holder of a license in a retired status from the renewal requirements described in Section 5070.5.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The board shall establish minimum qualifications for the restoration
of a license in a retired status to an active status. These minimum qualifications shall include, but are not limited to, continuing education and payment of a fee as provided in subdivision (h) of Section 5134.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The board shall not restore to active or inactive status a license that was canceled by operation of law, pursuant to subdivision (a) of Section 5070.7, and then placed into retired status pursuant to subdivision (d). The individual shall instead apply for a new license, as described in subdivision (c) of Section 5070.7, in order to restore the individual’s license.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
At the time of application, if the applicant has a valid email address, the applicant shall provide that email address to the board.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_43931B46-7D06-4592-AB3A-73AD3E46EB7C">
<ns0:Num>SEC. 10.</ns0:Num>
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Section 5272 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_CD73C3B2-EC85-4387-BE3F-CBC71219B91E">
<ns0:Num>5272.</ns0:Num>
<ns0:LawSectionVersion id="id_C8A89CC9-0B67-46D0-9F14-AC9009C47026">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
With the exception of Article 4 (commencing with Section 5300) and Sections 5400 to 5404, inclusive, this chapter does not apply to any advertising display used exclusively for any of the following purposes:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
To advertise the sale, lease, or exchange of real property on which the advertising display is placed.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To advertise directions to, and the sale, lease, or exchange of, real property for which the advertising display is placed, provided that this exemption does not apply to advertising displays visible from a highway and subject to the Highway Beautification Act of 1965 (23 U.S.C. Sec. 131).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
To designate the name of the
owner or occupant of the premises or to identify the premises.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
To advertise the business conducted, services rendered, or goods produced or sold on the property on which the advertising display is placed if the display is on the same side of the highway and within 1,000 feet of the point on the property or within 1,000 feet of the entrance to the site at which the business is conducted, services are rendered, or goods are produced or sold.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
To display only noncommercial public health, emergency, and safety messages from the County of San Joaquin, on public property and equipment owned and operated by the County of San Joaquin in conformance with state law, federal law, regulations, and agreements.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
With the exception of Article 4 (commencing with Section 5300) and Sections 5400 to 5404, inclusive, this
chapter does not apply to any advertising display used exclusively either to advertise products, goods, or services sold by persons on the premises of an arena on a regular basis, or to advertise products, goods, or services marketed or promoted on the premises of an arena pursuant to a sponsorship marketing plan, if all of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The arena is capable of providing a venue for professional sports on a permanent basis.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The arena has a capacity of 15,000 or more seats.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The advertising display is either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Located on the premises of the arena.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Has been authorized as of January 1, 2021, by, or in accordance with, a local ordinance,
including, but not limited to, a specific plan or sign district adopted in connection with the approval of the arena by the city, county, or city and county, bears the name or logo of the arena, and is visible when approaching offramps from the interstate, primary, or state highways used to access the premises of the arena. No arena shall be permitted more than two advertising displays allowed under this subparagraph.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Any advertising display erected pursuant to subdivision (b) and located on the premises of the arena shall be lawful only if authorized by, or in accordance with, an ordinance, including, but not limited to, a specific plan or sign district, adopted by the city, county, or city and county, that regulates advertising displays on the premises of the arena by identifying the specific displays or establishing regulations that include, at a minimum, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Number of signs and total signage area allowed.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Maximum individual signage area.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Minimum sign separation.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Illumination restrictions and regulations, including signage refresh rate, scrolling, and brightness.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Illuminated sign hours of operation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Authorization of advertising displays under subdivision (b) is subject to the owner of the advertising display submitting to the department a copy of the ordinance adopted by the city, county, or city and county in which the arena is located authorizing the advertising display and, for signs located on the premises of the arena, identification of the provisions of
the ordinance required under paragraph (1). The department shall certify that the proposed ordinance meets the minimum requirements contained in paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An advertising display authorized pursuant to subdivision (b) shall not advertise products, goods, or services related to tobacco, firearms, or sexually explicit material.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This chapter does not limit a local government from adopting ordinances prohibiting or further restricting the size, number, or type of advertising displays permitted by this section.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
As used in this section, “the premises of an arena” means either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A venue for indoor or outdoor sports, concerts, or other events.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any
development project or district encompassing the venue, adjacent to it, or separated from it only by public or private rights-of-way, the boundaries of which have been set by the city, county, or city and county in which the arena is located. The development project or district shall be contiguous and shall not extend more than 1,000 feet beyond the arena structure or any structure physically connected to the arena structure.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
As used in this section, “sponsorship marketing plan” means an agreement between the property owner, facility owner, facility operator, or occupant of the premises of an arena and a sponsor pursuant to which the sponsor is allowed to include its logo, slogan, or advertising on advertising displays and that meets both of the following conditions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The sponsorship marketing plan is for a period of not less than 120 days.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The sponsorship marketing plan grants the sponsor the opportunity to display its logo, slogan, or advertising in the interior of structures on the premises of an arena, or conduct promotions, public relations, or marketing activities on the premises of an arena.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Authorization of an advertising display under subdivision (b) that is a message center display is subject to the owner of the display complying with one of the following conditions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Making a message center display within the premises of the arena available on a space-available basis for use by the department or the Department of the California Highway Patrol for public service messages, including Emergency Alert System (Amber Alert) messages disseminated pursuant to Section 8594 of the Government Code, and messages containing, among other things,
reports of commute times, drunk driving awareness messages, reports of accidents of a serious nature, and emergency disaster communications.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Making a message center display not subject to this section that is under the control of the owner of the advertising display available on a space-available basis for public service messages in a location acceptable to the department and the Department of the California Highway Patrol.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Providing funding to the department for the installation of a message center display to accommodate those public service messages, which may include funding as part of mitigation in connection with the approval of the arena by the city, county, or city and county.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If an advertising display authorized under subdivision (b) is subject to a notice from the United States Department of
Transportation, the Federal Highway Administration, or any other applicable federal agency to the state that the operation of that display will result in the reduction of federal aid highway funds provided in Section 131 of Title 23 of the United States Code, authorization of the display under subdivision (b) shall cease and the display owner shall remove all advertising copy from the display within 60 days after the state notifies the display owner of the receipt of the federal notice. Failure to remove the advertising copy pursuant to this subdivision shall result in a civil fine, imposed by the department, of ten thousand dollars ($10,000) per day until the advertising copy is removed. The department shall not assume any liability in connection with cessation of operation or removal of an advertising display or advertising copy pursuant to this subdivision.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The city, county, or city and county adopting the ordinance authorizing the
displays erected pursuant to this section shall have primary responsibility for ensuring that the displays remain in conformance with all provisions of the ordinance and of this section. If the city, county, or city and county fails to ensure that the displays remain in conformance with all provisions of the ordinance and of this section after 30 days of receipt of a written notice from the department, the city, county, or city and county shall hold the department harmless and indemnify the department for all costs incurred by the department to ensure compliance with the ordinance and this section or to defend actions challenging the adoption of the ordinance allowing the displays.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
An advertising display lawfully erected on or before December 31, 2013, in conformity with subdivision (e) of this section as it read on that date, shall remain authorized, subject to the terms of that subdivision.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_40EFDB37-54B9-457F-985D-7C65D3EAA3F7">
<ns0:Num>SEC. 11.</ns0:Num>
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Section 5272.5 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_CD1DCC9D-0CEF-4B2A-9C7E-9368B8DDBD20">
<ns0:Num>5272.5.</ns0:Num>
<ns0:LawSectionVersion id="id_E52CDA75-0FF5-4EBF-B498-5F5D8E0D8F50">
<ns0:Content>
<html:p>The department shall, when renegotiating an agreement with the Federal Highway Administration on the state’s obligations pursuant to the Highway Beautification Act of 1965 (23 U.S.C. Sec. 131), include among its priorities support for advertising displays at arenas, as described in Section 5272.</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_82D9E1CE-BF44-458A-A431-16F8DB2309C2">
<ns0:Num>SEC. 12.</ns0:Num>
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Section 7048 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_9BB70CE8-4C55-4BF3-B1AC-D84C3F4E14EF">
<ns0:Num>7048.</ns0:Num>
<ns0:LawSectionVersion id="id_561B0F0D-C8E1-4063-807A-BC86BEE456FE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This chapter does not apply to a work or operation on one undertaking or project by one or more contracts if the aggregate contract price for labor, materials, and all other items is less than one thousand dollars ($1,000), that work or operation being considered of casual, minor, or inconsequential nature, and the work or operation does not require a building permit.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section does not apply in a case wherein the work of construction is only a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than one thousand dollars ($1,000) for the purpose of evasion of this chapter or otherwise.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section does not apply to a person who does either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Advertises or puts out a sign or card or other device that might indicate to the public that the person is a contractor or that the person is qualified to engage in the business of a contractor.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Employs another person to perform, or assist in performing, the work or operation.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5A34F28A-7D05-472E-82C0-500CC44CA7DC">
<ns0:Num>SEC. 13.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'7363.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 7363 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_A27A07E8-52D9-4321-B431-CF23D0377B82">
<ns0:Num>7363.</ns0:Num>
<ns0:LawSectionVersion id="id_6F6A86F3-496E-4384-9CD2-23E075743D1B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A course in hairstyling established by a school shall consist of not less than 600 hours of practical and technical instruction.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The curriculum for a hairstyling course shall include, at a minimum, technical and practical instruction in the following areas:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
One hundred hours in health and safety, which includes hazardous substances, chemical safety, safety data sheets, protection from hazardous chemicals, preventing chemical injuries, health and safety laws and regulations, and preventing communicable diseases.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
One hundred hours in disinfection and sanitation, which includes disinfection procedures to protect the health and
safety of consumers as well as the technician and proper disinfection procedures for equipment used in establishments.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Two hundred hours in hairstyling services, which includes arranging, blow drying, cleansing, curling, dressing, hair analysis, shampooing, waving, and nonchemical straightening, and hair cutting including the use of shears, razors, electrical clippers and trimmers, and thinning shears, for wet and dry cutting.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Instruction in hairstyling services shall include instruction regarding the provision of services to individuals with all hair types and textures, including, but not limited to, various curl or wave patterns, hair strand thicknesses, and volumes of hair.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_68728360-0259-4A0E-8172-3B859E98CA7D">
<ns0:Num>SEC. 14.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'13.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'8020.5.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 8020.5 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_44973310-05EB-4DEC-9ED9-BD0033025945">
<ns0:Num>8020.5.</ns0:Num>
<ns0:LawSectionVersion id="id_C498869B-DC0F-4C56-B937-A343B7799D59">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The California state licensing examination shall consist of the following three divisible parts:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
English.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Professional Practice.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Dictation/Transcription (Machine/Skill).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The passing grades for the Dictation/Transcription part of the examination is 95 percent.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The passing grades for English and Professional Practice, the two written knowledge parts of the examination, shall be determined by the Angoff
criterion-referenced method.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The passing scores may vary moderately with changes in test composition.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Any examinee who obtains a grade which equals or exceeds the passing score determined by the Angoff criterion-referenced method will be deemed to have passed the applicable portion of the examination, assuming the other requirements of this section are met.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The board shall notify each examinee electronically or in writing of their pass or fail examination results.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An applicant shall take and pass all three parts of the examination within three consecutive years to have passed the examination.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The three-year period shall begin from the date
of the examination or any part of the examination for which the applicant is first scheduled.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
After a period of four months has elapsed, an applicant may repeat any part of the examination.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An applicant shall not repeat any part of the examination unless or until a new version of the examination has been introduced.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding subdivision (c), an applicant who passes a part of the examination shall receive conditional credit for passing that part and may retake the remaining parts.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The period of time designated in subdivision (c) may be extended by the board for a period of time not to exceed one year upon the showing of extraordinary extenuating circumstances.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Successful completion of the Certified Verbatim Reporter (CVR) or Certified Verbatim Reporter-Stenotype (CVR-S) certification administered through the National Verbatim Reporters Association satisfies the requirement to pass the Dictation/Transcription examination under subparagraph (C) of paragraph (1) of subdivision (a).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Applicants who passed the Certified Verbatim Reporter (CVR) or Certified Verbatim Reporter-Stenotype (CVR-S) are subject to the requirements identified under subdivision (a) for the English examination and the Professional Practice examination, all of which must be passed within three consecutive years, pursuant to subdivision (c), to have passed the California state licensing examination.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6B80D3DC-44D3-46C3-B864-219C4A3831C5">
<ns0:Num>SEC. 15.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'17580.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 17580 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_52DA7C8C-58DB-4F8A-9758-3931DAF111A4">
<ns0:Num>17580.</ns0:Num>
<ns0:LawSectionVersion id="id_CD56059A-D33C-4C16-A9CE-453FC5AB2021">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person who represents in advertising or on the label or container of a consumer good that the consumer good that it manufactures or distributes is not harmful to, or is beneficial to, the natural environment, through the use of such terms as “environmental choice,” “ecologically friendly,” “earth friendly,” “environmentally friendly,” “ecologically sound,” “environmentally sound,” “environmentally safe,” “ecologically safe,” “environmentally lite,” “green product,” or any other like term, or through the use of a chasing arrows symbol or by otherwise directing a consumer to recycle the consumer good, shall maintain in written form in its records all of the following information and documentation supporting the validity of the representation:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The reasons the
person believes the representation to be true.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any significant adverse environmental impacts directly associated with the production, distribution, use, and disposal of the consumer good.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any measures that are taken by the person to reduce the environmental impacts directly associated with the production, distribution, and disposal of the consumer good.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Violations of any federal, state, or local permits directly associated with the production or distribution of the consumer good.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Whether, if applicable, the consumer good conforms with the uniform standards contained in the Federal Trade Commission Guidelines for Environmental Marketing Claims for the use of the terms “recycled,” “recyclable,” “biodegradable,” “photodegradable,” or “ozone
friendly.”
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If the person uses the term “recyclable,” uses a chasing arrows symbol, or otherwise directs a consumer to recycle the consumer good, whether the consumer good meets all of the criteria for statewide recyclability pursuant to subdivision (d) of Section 42355.51 of the Public Resources Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Information and documentation maintained pursuant to this section shall be furnished to any member of the public upon request.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, a wholesaler or retailer who does not initiate a representation by advertising or by placing the representation on a package shall not be deemed to have made the representation.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the information and documentation supporting the validity of the
representation maintained under this section shall be fully disclosed to the public, within the limits of all applicable laws.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of this section, displaying a chasing arrows symbol or otherwise directing a consumer to recycle a consumer good shall not be considered misleading pursuant to Section 17580.5 or Section 42355.51 of the Public Resources Code if either of the following applies:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The consumer good is required by any federal or California law or regulation to display a chasing arrows symbol, including, but not limited to, Section 103(b)(1) of the federal Mercury-Containing and Rechargeable Battery Management Act (42 U.S.C. Sec. 14322(b)(1)) and Section 25215.65 of the Health and Safety Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The consumer good is a beverage container subject to the California Beverage Container Recycling
and Litter Reduction Act (Division 12.1 (commencing with Section 14500) of the Public Resources Code).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For purposes of this section, “chasing arrows symbol” means an equilateral triangle, formed by three arrows curved at their midpoints, depicting a clockwise path, with a short gap separating the apex of each arrow from the base of the adjacent arrow. “Chasing arrows symbol” also includes variants of that symbol that are likely to be interpreted by a consumer as an implication of recyclability, including, but not limited to, one or more arrows arranged in a circular pattern or around a globe.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For purposes of this section, a direction to a consumer to properly dispose of or otherwise properly handle a consumer good at the end of its useful life shall not be considered “otherwise directing a consumer to recycle a consumer good” pursuant to subdivision (a) if both of the
following requirements are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The consumer good is subject to any of the following programs:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Chapter 20 (commencing with Section 42970) of Part 3 of Division 30 of the Public Resources Code relating to product stewardship for carpets.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The Used Mattress Recovery and Recycling Act (Chapter 21 (commencing with Section 42985) of Part 3 of Division 30 of the Public Resources Code).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The California Tire Recycling Act (Chapter 17 (commencing with Section 42860) of Part 3 of Division 30 of the Public Resources Code).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The Electronic Waste Recycling Act of 2003 (Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30 of the Public Resources Code).
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Article 10.3 (commencing with Section 25214.9) of Chapter 6.5 of Division 20 of the Health and Safety Code relating to electronic waste.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The Rechargeable Battery Recycling Act of 2006 (Chapter 8.4 (commencing with Section 42451) of Part 3 of Division 30 of the Public Resources Code).
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The Cell Phone Recycling Act of 2004 (Chapter 8.7 (commencing with Section 42490) of Part 3 of Division 30 of the Public Resources Code).
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The paint product recovery program established pursuant to Chapter 5 (commencing with Section 48700) of Part 7 of Division 30 of the Public Resources Code.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The Mercury Thermostat Collection Act of 2001 (Article 10.2.2 (commencing with Section 25214.8.10) of
Chapter 6.5 of Division 20 of the Health and Safety Code).
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
The Lead-Acid Battery Recycling Act of 2016 (Article 10.5 (commencing with Section 25215) of Chapter 6.5 of Division 20 of the Health and Safety Code).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The direction to the consumer accurately instructs the consumer to dispose of the consumer good through participation in, and consistent with, one of the programs identified in paragraph (1) as that program applies to the consumer good.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
For purposes of this section, directing a consumer to compost or properly dispose of a consumer good through an organics recycling program shall not be considered “otherwise directing a consumer to recycle a consumer good” pursuant to subdivision (a).
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_41A56257-5D85-4374-8885-53DCF0095179">
<ns0:Num>SEC. 16.</ns0:Num>
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Section 19520 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_92AE7095-EE38-4F6E-98E1-118E3D0709B1">
<ns0:Num>19520.</ns0:Num>
<ns0:LawSectionVersion id="id_B2A74FC0-8775-4957-83A6-B7B49F960865">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Every person not required to be licensed under Article 4 (commencing with Section 19480) who participates in, or has anything to do with, the racing of horses in any of the following capacities shall be licensed by the board pursuant to rules and regulations that the board may adopt and upon the payment of a license fee fixed and determined by the board:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Assistant trainer.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Association employee.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Bloodstock agent.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Corporate officer.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Driver.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Exercise rider.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Farrier.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Jockey.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Jockey agent.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Jockey apprentice.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Jockey valet.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
Off-track wagering personnel.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
Open claim owner.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
Outrider.
</html:p>
<html:p>
(O)
<html:span class="EnSpace"/>
Owner.
</html:p>
<html:p>
(P)
<html:span class="EnSpace"/>
Parimutuel employee.
</html:p>
<html:p>
(Q)
<html:span class="EnSpace"/>
Pony rider.
</html:p>
<html:p>
(R)
<html:span class="EnSpace"/>
Safety personnel.
</html:p>
<html:p>
(S)
<html:span class="EnSpace"/>
Special event personnel.
</html:p>
<html:p>
(T)
<html:span class="EnSpace"/>
Stable agent.
</html:p>
<html:p>
(U)
<html:span class="EnSpace"/>
Stable foreman.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
Stableworker.
</html:p>
<html:p>
(W)
<html:span class="EnSpace"/>
Stakeholder representative.
</html:p>
<html:p>
(X)
<html:span class="EnSpace"/>
Trainer.
</html:p>
<html:p>
(Y)
<html:span class="EnSpace"/>
Vendor or vendor employee.
</html:p>
<html:p>
(Z)
<html:span class="EnSpace"/>
Veterinarian.
</html:p>
<html:p>
(AA)
<html:span class="EnSpace"/>
Veterinarian assistant.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any license issued pursuant to this article shall include a current
photograph of the licensed person.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A person required to be licensed pursuant to this article shall not participate in any capacity in any horse race meeting without a valid and unrevoked license authorizing the participation.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The board may adopt regulations to require outrider license applicants to pass both a written and an oral examination and to authorize outriders to exercise the duties and powers of the board set forth in Section 19440 as are delegated by the board.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Assistant trainer” means a person employed by a trainer that has passed the board-issued trainer’s examination but fails to meet the board’s minimum qualifications for a trainer’s license.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Association employee” means a person hired by a racing association that has access to the licensed inclosure. An “association employee” includes management of the racetrack and persons hired to work as maintenance, food service, media, security, and racing staff.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Bloodstock agent” means a person who for gain, gratuity, commission, or reward, in either money or goods, acts as an agent for the sale or purchase of any racehorse not their own that is eligible to race at an authorized race meeting in the state.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Corporate officer” means an officer, director, or partner, or an individual who holds 5 percent or more of outstanding shares, of an advance deposit wagering, mini-satellite wagering provider, simulcast service supplier, or totalizer company.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Driver” means a person who drives and controls the horse from a seated position on a two-wheel sulky.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Exercise rider” means a person mounted and exercising a horse within a licensed inclosure.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Farrier” means a person responsible for shoeing and caring for equine hooves. A “farrier” is also interchangeably referred to as a “horseshoer” or “plater.”
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Jockey” means a race rider.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Jockey agent” means a person who represents a jockey whose main responsibility is to arrange and book mounts.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
“Jockey apprentice” means a race rider who otherwise meets the license qualifications of a jockey, but has not ridden the requisite number of winners, as established
by the board.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
“Jockey valet” means a person responsible for preparing both jockey and horse for racing.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
“Off-track wagering personnel” means a person employed at an off-track simulcast wagering facility or a person employed to represent an organization overseeing off-track wagering at a simulcast location pursuant to section 19608.2.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
“Open-claim owner” means a prospective owner of a horse entered into a claiming race.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
“Outrider” means a person responsible for providing a safe environment during training or racing.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
“Owner” means the owner, part owner, or lessee of a horse. An interest only in the earnings of a horse does not constitute ownership.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
“Parimutuel employee” means a person hired to work for the company licensed to accept wagers on the outcome of a horse race. A “parimutuel employee” includes totalizer technicians and those persons employed by a licensed totalizer company.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
“Pony rider” means a person riding a pony horse on training or race days.
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
“Safety personnel” means a person hired to provide security, medical services, or emergency services within a racing inclosure.
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
“Special event personnel” means a person who works for the Breeders’ Cup World Championships when the event is held at a board-licensed racing facility or a person who is otherwise hired for a temporary racing event.
</html:p>
<html:p>
(20)
<html:span class="EnSpace"/>
“Stable agent”
means a person who is the authorized representative of a stable or an owner that may act on their behalf in managing the schedule of races.
</html:p>
<html:p>
(21)
<html:span class="EnSpace"/>
“Stable foreman” means a person in charge of daily operations in a racing stable.
</html:p>
<html:p>
(22)
<html:span class="EnSpace"/>
“Stableworker” means a person employed at the operation of a stable at a board-licensed inclosure that is not more specifically described by another classification. This classification includes those who feed, groom, exercise, train, and conduct general care of horses.
</html:p>
<html:p>
(23)
<html:span class="EnSpace"/>
“Stakeholder representative” means a person whose constituents are located within a licensed inclosure. This includes clergy, union representatives, and representatives from state-recognized organizations of trainers or horsepersons.
</html:p>
<html:p>
(24)
<html:span class="EnSpace"/>
“Trainer” means a
person who has passed the board’s trainer’s examination and otherwise meets the board’s qualifications for licensure as established pursuant to regulation.
</html:p>
<html:p>
(25)
<html:span class="EnSpace"/>
“Vendor or vendor employee” means a person who provides goods or services related to horse racing at a facility licensed by the board. A “vendor” includes persons who access the licensed inclosure for the purpose of delivering equine supplies or transporting equines and maintenance workers, media, food service staff, jockey room staff, and stable staff.
</html:p>
<html:p>
(26)
<html:span class="EnSpace"/>
“Veterinarian” means a California-licensed veterinarian.
</html:p>
<html:p>
(27)
<html:span class="EnSpace"/>
“Veterinarian assistant” means a person employed by a board-licensed veterinarian.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_2F7F973E-1C04-4E14-9F5D-115DF6AA3CF8">
<ns0:Num>SEC. 17.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'23399.5.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 23399.5 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_902EC341-4952-4A53-86FF-C838B3252B19">
<ns0:Num>23399.5.</ns0:Num>
<ns0:LawSectionVersion id="id_0AD067EB-0F0D-4E95-82CF-5BF2124F07EB">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A license or permit is not required for the serving of alcoholic beverages in a limousine by any person operating a limousine service regulated by the Public Utilities Commission, provided there is no extra charge or fee for the alcoholic beverages.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the limousine service is the same regardless of whether alcoholic beverages are served.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A license or permit is not required for the serving of alcoholic beverages as part of a hot air balloon ride service, provided there is no extra charge or fee for the alcoholic
beverages.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the hot air balloon ride service is the same regardless of whether alcoholic beverages are served.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A license or permit is not required for the serving of wine or beer as part of any service provided by an establishment that is subject to regulation by the State Board of Barbering and Cosmetology under the Barbering and Cosmetology Act (Chapter 10 (commencing with Section 7301) of Division 3) if the following requirements are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
There is no extra charge or fee for the beer or wine. For purposes of this paragraph, there is no extra charge or fee for the beer or wine if the fee charged for the service is the same regardless of whether beer or wine is served.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The license of the establishment providing the service is in good standing with the State Board of Barbering and Cosmetology.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
No more than 12 ounces of beer or 6 ounces of wine by the glass is offered to a client.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The beer or wine is provided only during business hours and in no case later than 10 p.m.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Nothing in this subdivision shall be construed to limit the authority of a city or city and county to restrict or limit the consumption of alcoholic beverages, as described in this subdivision, pursuant to Section 23791.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A license or permit is not required for the serving of alcoholic beverages as part of the curriculum of an apprenticeship program for bartending or
mixology, provided all of the following requirements are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The apprenticeship program is approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Students enrolled in the apprenticeship program are 21 years of age or older.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The apprenticeship program adopts a policy that the students may taste, but may not consume, the alcoholic beverages served.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
There is no extra charge or fee for the alcoholic beverages served.
</html:p>
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<ns0:BillSection id="id_1ADDB242-A769-4EEB-9572-6D53E2513385">
<ns0:Num>SEC. 18.</ns0:Num>
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Section 26051.5 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_5A1A4A24-6D3A-45E8-8921-7D6B05F2C0E6">
<ns0:Num>26051.5.</ns0:Num>
<ns0:LawSectionVersion id="id_40CBF226-F71D-4409-91A3-BE2E3622362A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
An applicant for a state license issued pursuant to this division to conduct commercial cannabis activity, as defined in Section 26001, shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Except as provided in subparagraph (G), require that each owner, as defined in paragraphs (1) to (3), inclusive, of subdivision (aq) of Section 26001, electronically submit to the Department of Justice fingerprint images and related information required by the Department of Justice for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and state and federal arrests, and also information as to the existence and content of a record of state or federal convictions and arrests for which the Department of Justice establishes that the
person is free on bail or on their own recognizance pending trial or appeal.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Notwithstanding any other law, the department may obtain criminal history information from the Department of Justice and the Federal Bureau of Investigation for an applicant or its owners, as defined in paragraphs (1) to (3), inclusive, of subdivision (aq) of Section 26001, for any state license, as described in Section 26050, under this division pursuant to subdivision (u) of Section 11105 of the Penal Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
When received, the Department of Justice shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history records check. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the
licensing authority.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The Department of Justice shall provide a response to the licensing authority pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The department shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for applicants.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The Department of Justice shall charge the applicant a fee sufficient to cover the reasonable cost of processing the requests described in this paragraph.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Notwithstanding any other law, a licensing authority may request and receive from a local or state agency certified records of all arrests and convictions, certified records regarding probation, and any and all other related documentation
needed to complete an applicant or licensee investigation. A local or state agency may provide those records to a licensing authority upon request.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
If an owner has previously submitted fingerprint images and related information required by the Department of Justice pursuant to this paragraph in connection with a valid state license issued by a licensing authority, all of the following apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The owner shall not be required to submit additional fingerprint images and related information pursuant to this paragraph in connection with a subsequent application for a state license.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The department shall not consider the owner’s criminal history information obtained from the fingerprint images and related information that were previously submitted pursuant to this paragraph when considering whether to issue a
subsequent state license.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
An owner shall not be required to resubmit owner-related information previously provided to the department.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Provide evidence of the legal right to occupy and use the proposed location and provide a statement from the landowner of real property or that landowner’s agent where the commercial cannabis activity will occur, as proof to demonstrate the landowner has acknowledged and consented to permit commercial cannabis activities to be conducted on the property by the tenant applicant.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Provide evidence that the proposed location is in compliance with subdivision (b) of Section 26054.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Provide a statement, signed by the applicant under penalty of perjury, that the information provided is complete, true, and
accurate.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For an applicant with 20 or more employees, or an applicant with 10 or more employees that submits an application on or after July 1, 2024, provide a notarized statement that the applicant will enter into, or demonstrate that it has already entered into, and will abide by the terms of a labor peace agreement. On and after July 1, 2024, the department shall not renew a license for a licensee with 10 or more employees unless the licensee provides a statement that the licensee has already entered into and will abide by the terms of a labor peace agreement.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For an applicant with 10 or more employees but less than 20 employees that has not yet entered into a labor peace agreement, provide a notarized statement as a part of its application indicating that the applicant will enter into and abide by the terms of a
labor peace agreement within 60 days of employing its 20th employee, or on or before July 1, 2024, whichever is earlier.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For an applicant with less than 10 employees that has not yet entered into a labor peace agreement, provide a notarized statement as a part of its application indicating that the applicant will enter into and abide by the terms of a labor peace agreement within 60 days of employing its 10th employee, or on or before July 1, 2024, whichever is later.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Nothing in this paragraph shall be construed to limit the authority of the department to revoke or suspend a license for a violation of this paragraph.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Compliance with the terms of an applicable labor peace agreement is a condition of licensure. A licensee seeking renewal of any license shall attest to the department that it remains in
compliance with the terms of any applicable labor peace agreement.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any labor organization, or any current or former employee of the relevant licensee, may report to the department that a licensee has failed to provide a truthful attestation of compliance with subparagraph (B).
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The reporting party shall provide documentation, in a form and manner required by the department, to substantiate their allegation before the department considers it. The department shall collaborate with such agencies as it deems relevant to evaluate the report.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If the department substantiates the validity of a report made pursuant to this subparagraph, the department may suspend, revoke, place on probation with terms and conditions, or otherwise discipline the license and fine the licensee.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Any labor organization, or any current or former employee of the relevant licensee, may file a complaint with the Agricultural Labor Relations Board that an organization with which a licensee has entered into a labor peace agreement is not a bona fide labor organization.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The Agricultural Labor Relations Board shall consider all relevant evidence provided or obtained in rendering a decision on whether the entity is a bona fide labor organization and issue a report with its findings no later than 90 days from receiving the complaint.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If the Agricultural Labor Relations Board determines that the entity is not a bona fide labor organization, the labor peace agreement shall be null and void. The department shall promptly notify all licensees that have signed labor peace agreements
with the entity that the entity was found not to be a bona fide labor organization and offer those licensees a reasonable time period, not to exceed 180 days, to enter into a labor peace agreement with a bona fide labor organization. Failure to enter into a labor peace agreement with a bona fide labor organization after that reasonable time period shall be a violation of this section.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
For the purposes of this paragraph, all of the following shall apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Employee” does not include a supervisor.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“Labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists, in whole or in part, for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or
conditions of work for employees.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
“Supervisor” means an individual having authority, in the interest of the applicant, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Provide the applicant’s valid seller’s permit number issued pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code or indicate that the applicant is currently applying for a seller’s permit.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Provide any other information required by the department.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
For an applicant seeking a cultivation license, provide a statement declaring the applicant is an “agricultural employer,” as defined in the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code), to the extent not prohibited by law.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Pay all applicable fees required for licensure by the department.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Provide proof of a bond to cover the costs of destruction of cannabis or cannabis products if necessitated by a violation of licensing requirements.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Provide a statement, upon initial application and application for renewal, that the applicant employs, or will employ within one year of receiving or renewing a license, one
supervisor and one employee who have successfully completed a Division of Occupational Safety and Health 30-hour general industry outreach course offered by a training provider that is authorized by an OSHA Training Institute Education Center to provide the course. This paragraph shall not be construed to alter or amend existing requirements for employers to provide occupational safety and health training to employees.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An applicant with only one employee shall not be subject to subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For purposes of this paragraph “employee” has the same meaning as provided in clause (i) of subparagraph (E) of paragraph (5) and “supervisor” has the same meaning as provided in clause (iii) subparagraph (E) of paragraph (5).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An applicant shall also include in the application a detailed description of the
applicant’s operating procedures for all of the following, as required by the department:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Cultivation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Extraction and infusion methods.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The transportation process.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Inventory procedures.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Quality control procedures.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Security protocols.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
For applicants seeking licensure to cultivate, the source or sources of water the applicant will use for cultivation, as provided in subdivisions (a) to (c), inclusive, of Section 26060.1. For purposes of this paragraph, “cultivation” as used in Section 26060.1 shall have the same meaning as defined in
Section 26001. The department shall consult with the State Water Resources Control Board and the Department of Fish and Wildlife in the implementation of this paragraph.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The applicant shall also provide a complete detailed diagram of the proposed premises wherein the license privileges will be exercised, with sufficient particularity to enable ready determination of the bounds of the premises, showing all boundaries, dimensions, entrances and exits, interior partitions, walls, rooms, and common or shared entryways, and include a brief statement or description of the principal activity to be conducted therein, and, for licenses permitting cultivation, measurements of the planned canopy, including aggregate square footage and individual square footage of separate cultivation areas, if any, roads, water crossings, points of diversion, water storage, and all other facilities and infrastructure related to the cultivation.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Provide a complete list of every person with a financial interest in the person applying for the license as required by the department. For purposes of this subdivision, “persons with a financial interest” does not include persons whose only interest in a licensee is an interest in a diversified mutual fund, blind trust, or similar instrument.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_C59F5270-E847-4500-A3D8-F3BB8951D1A9">
<ns0:Num>SEC. 19.</ns0:Num>
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Section 26152.2 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_002C19F0-86F5-40E5-801E-913FBFB1BBF1">
<ns0:Num>26152.2.</ns0:Num>
<ns0:LawSectionVersion id="id_8F910BF9-B822-4DA9-B95F-2294C76A4527">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Attorney General, on behalf of the people, a city attorney, or a county counsel may bring and maintain an action to redress a violation of subdivisions (d), (e), (f), and (g) of Section 26152, or subdivision (b) of Section 111926 of the Health and Safety Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Attorney General, a city attorney, or a county counsel who prevails in an action pursuant to this section shall be awarded injunctive relief.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Attorney General, a city attorney, or a county counsel may also be awarded either or both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Reasonable attorney’s fees and costs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Civil penalties of not more than five thousand dollars ($5,000) per violation by a licensed cannabis business or an industrial hemp registrant and not more than thirty thousand dollars ($30,000) per violation by an unlicensed cannabis business or an unregistered business engaged in the sale of products that contain industrial hemp.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The remedies provided in this section shall be in addition to any other remedies otherwise provided in any other law.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In determining whether to award reasonable attorney’s fees and costs and civil penalties, and in assessing the amount of any civil penalty, the court shall consider factors the court determines to be relevant, including, but not limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The gravity of the violation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The defendant’s good faith, or lack thereof.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The defendant’s history of previous violations.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Civil penalties awarded in an action brought pursuant to this section shall be distributed as described in subdivision (d) of Section 26038.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), a defendant shall not be subject to more than one action pursuant to this section in connection with the same, or substantially similar, advertising or marketing.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision does not prohibit a subsequent action pursuant to this section to redress a recurring or continuing violation of Section 26152 or of Section 111926 of the Health and Safety Code, after the defendant has
previously been found to have engaged in the same violation of Section 26152 or of Section 111926 of the Health and Safety Code or a substantially similar violation. Such an action may be brought and maintained if all of the following conditions are satisfied:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The defendant has previously been found, in an action pursuant to this section, to have violated one or more subdivisions of Section 26152 or subdivision (b) of Section 111926 of the Health and Safety Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The defendant subsequently engages in the same advertising or marketing, or substantially similar advertising or marketing, that was previously found to violate Section 26152 or subdivision (b) of Section 111926 of the Health and Safety Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The subsequent action is limited to advertising or marketing that occurred after entry of judgment in the
prior action.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The causes of action, remedies, and penalties provided by this section are cumulative to each other and to the causes of action, remedies, and penalties available under all other laws of this state.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This section shall not be construed to limit the availability of any cause of action, remedy, or penalty otherwise available under any other law of this state.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This section shall not be construed to limit or otherwise alter, in any way, any other authority conferred by law upon the Attorney General, the department, or any other state or local officer or agency.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An action brought pursuant to this section shall not have preclusive effect upon the Attorney General, the department,
or any other state or local officer or agency.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_925B6930-F6E0-472E-B61F-276699BA2A54">
<ns0:Num>SEC. 20.</ns0:Num>
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Section 26200 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_5D4F2054-95DA-4EFB-A2E3-5CB70AA13F7E">
<ns0:Num>26200.</ns0:Num>
<ns0:LawSectionVersion id="id_23E5F85F-A599-464D-A34B-FBA9E2DDF9EF">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with
Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3
(commencing with Section 26030).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and
consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The requirements of subparagraphs (A) to (C), inclusive, of paragraph (2) of subdivision (g).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses, except as otherwise provided in paragraphs (6), (7), and (8).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A state temporary event license shall only be issued in local jurisdictions that authorize such events.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department
governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The order by the department for the event to cease operations pursuant to
paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
All licensees who are issued a state temporary event license allowed pursuant to this subdivision may, upon completion or cessation of the temporary event, reconcile unsold inventory of cannabis or cannabis products and return it to
the licensee’s retail premises.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
All unsold inventory of cannabis or cannabis products from the temporary event shall be noted in track and trace prior to transport.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
All unsold inventory of cannabis or cannabis products from the temporary event shall be in its original packaging in which it was placed pursuant to Chapter 12 (commencing with Section 26120).
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The inventory of cannabis or cannabis products authorized to be sold by a state temporary event license pursuant to this subdivision shall only be transported to and from the temporary event by a licensed distributor or licensed microbusiness.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The department shall not deny an application for a state temporary event license pursuant to this subdivision solely on the basis that there is a
license issued pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000)) for the proposed premises of the event. Furthermore, the Department of Alcoholic Beverage Control shall not take any disciplinary action against a person licensed pursuant to the Alcoholic Beverage Control Act on the basis of a state temporary event license issued by the department to a licensee pursuant to this subdivision that utilizes the same premises as the person licensed pursuant to the Alcoholic Beverage Control Act.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
All on- and off-sale privileges of alcoholic beverages at the venue shall be suspended for the day of the event and shall not resume until 6 a.m. on the day after the event has ended.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Alcohol consumption on the venue premises shall be strictly prohibited for the day of the event and shall not resume until 6 a.m. on the day after the event has
ended.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, if all of the conditions in paragraph (2) are met, a local jurisdiction may allow for any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division that has been granted authority by a local jurisdiction to engage in onsite cannabis consumption.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Preparation or sale of noncannabis food or beverage products in compliance with all applicable provisions of the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code) by a retailer or microbusiness licensed under this division in the area where the consumption of cannabis is allowed.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, “noncannabis food or beverage products” shall not include industrial hemp products or hemp products, as defined in Section 111920 of the Health and Safety Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Live musical or other performances on the premises of a retailer or microbusiness licensed under this division in the area where the consumption of cannabis is allowed, and the sale of tickets for those performances.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A local jurisdiction may allow any of the activities provided in paragraph (1) if all of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older and each entrance to the area prominently posts a warning that cannabis consumption, including smoking of cannabis, is permitted inside.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Cannabis consumption is not visible from any public place or nonage-restricted area.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Sale or consumption of alcohol or tobacco is not allowed on the premises.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Noncannabis food or beverage products are not contaminated by or commingled with any cannabis products sold or served on the premises where the consumption of cannabis is allowed.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Smoking or vaporizing of any cannabis product by an employee or customer is not allowed in the food preparation, food storage, or warewashing area of a food facility located on the premises.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, the following definitions apply:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
“Food facility” has the same meaning as that term is defined in Section 113789 of the Health and Safety Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
“Warewashing” has the same meaning as that term is defined in Section 113940 of the Health and Safety Code.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The local jurisdiction considers whether to require adequate ventilation and filtration systems.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Ventilation and filtration systems are considered adequate for the purpose of this subparagraph if they prevent smoke and odors from migrating to any other part of the building hosting the consumption lounge or any neighboring building or grounds.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Nothing in this subparagraph prohibits a local jurisdiction from allowing one or more forms of cannabis consumption on the premises of a retailer or microbusiness licensed under this division, including smoking, vaporizing, and ingesting of cannabis or cannabis products, while prohibiting other forms of cannabis consumption on the premises of a retailer or microbusiness licensed under this division.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Employees are permitted at their discretion and without penalty or sanction to wear a mask for respiration, including N95 and NIOSH N95 rated masks in any area where cannabis is smoked.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Employers are required to pay for the mask.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
When hired, employees who will be working where cannabis is smoked shall be provided in writing the State Department of Public Health or its successor’s guidance regarding secondhand cannabis smoke.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A cannabis consumption lounge that offers onsite consumption of cannabis products shall include secondhand smoke in their analysis of potential work hazards for purposes of their injury and illness prevention programs required by Section 3203 of Title 8 of the California Code of Regulations.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Loitering in or around the business is prohibited, and the retailer or microbusiness shall ensure the absence of loitering.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This division shall
not be interpreted to supersede Section 6404.5 of the Labor Code.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section does not alter or affect the prohibition on the sale of alcoholic beverages by a licensee, as provided in Section 26054, on or at a venue premises licensed under this division.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
If a retailer or microbusiness license issued under this division is suspended, the licensee shall not engage in activities authorized under subdivision (g) for the duration of the license suspension.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
All noncannabis food and beverages present, pursuant to this section, on the premises of a retailer or microbusiness licensed under this division shall be stored and displayed separately and distinctly from all cannabis and cannabis products present on the premises.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Subdivision (g) does
not authorize a retailer or microbusiness licensed under this division to prepare or sell industrial hemp, as defined in Section 11018.5 of the Health and Safety Code, or any products containing industrial hemp.
</html:p>
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<ns0:BillSection id="id_8B79FCE3-AF2C-4924-9622-2557A872A169">
<ns0:Num>SEC. 21.</ns0:Num>
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Section 714.3 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_563535A3-6204-4B8A-899C-52060AF50766">
<ns0:Num>714.3.</ns0:Num>
<ns0:LawSectionVersion id="id_9077748E-1DBB-46C9-8A68-54701AEDE4F7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in real property that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code is void and unenforceable.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision,
“reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code.
</html:p>
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<ns0:BillSection id="id_304CBCEB-AB5C-4271-970D-11CC705AE6A8">
<ns0:Num>SEC. 22.</ns0:Num>
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Section 798.56 of the
<ns0:DocName>Civil Code</ns0:DocName>
, as amended by Section 2 of Chapter 395 of the Statutes of 2024, is amended to read:
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<ns0:LawSection id="id_718BE284-1DBA-4737-A966-FD14046B293F">
<ns0:Num>798.56.</ns0:Num>
<ns0:LawSectionVersion id="id_8B834D8E-2087-4120-9EA3-88D6359FA47E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A tenancy shall be terminated by the management only for one or more of the following reasons:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of
subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowner’s mobilehome.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
However, the tenancy shall not be terminated for the reason specified in this paragraph if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.
</html:p>
<html:p>No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the
homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.</html:p>
<html:p>This paragraph does not relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice
subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this paragraph, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days’ notice required for termination of the tenancy. A three-day notice given pursuant to this paragraph shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:
</html:p>
<html:p>“Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other
reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (a)(5)(E), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.”</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this paragraph. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior
lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this paragraph, shall not be exercised more than twice during a 12-month period.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions
within the preceding 12-month period and each notice includes the provisions specified in subparagraph (A) no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.
</html:p>
<html:p>In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
When a copy of the 60 days’ notice described in subparagraph
(E) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.
</html:p>
<html:p>If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in subparagraph (E) shall be rescinded.</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Condemnation of the park.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Change of use of the park or any portion thereof, provided:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The management gives the homeowners at least 60 days’ written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months’ or more written notice of termination of tenancy.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the management’s determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowner’s tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The notice requirements for termination of tenancy set forth in this section and Section 798.57 shall be followed if the proposed change actually occurs.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this paragraph shall be governed by the law in effect at the time the notice was given.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to paragraph (7) of subdivision (a) of this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A tenancy shall not be terminated pursuant to
paragraph (5) or (7) of subdivision (a) and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, “financial institution” means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall become operative on February 1, 2025.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_B7E1087E-7C57-4BD2-9AD9-36F6778B8E74">
<ns0:Num>SEC. 23.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" 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'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'3.'%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'835.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended by Stats. 2024, Ch. 235, Sec. 1. [id_e622e5e8-745a-11ef-aa74-b3d71e64c482]">
Section 835 of the
<ns0:DocName>Civil Code</ns0:DocName>
, as amended by Section 1 of Chapter 235 of the Statutes of 2024, is amended to read:
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<ns0:LawSection id="id_4D02945C-9F14-48DE-BDBC-E22AB67C7C60">
<ns0:Num>835.</ns0:Num>
<ns0:LawSectionVersion id="id_EAA05982-2F66-48D0-AE86-0773E1176E3F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
As used in this chapter, “electrified security fence” means any fence, other than an electrified fence as defined in Section 17151 of the Food and Agricultural Code, that meets the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The electrified security fence is powered by an electrical energizer, driven by solar-charged batteries of no more than 12 volts of direct current, with both of the following output characteristics:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The impulse repetition rate does not exceed 1 hertz (hz).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The impulse duration does not exceed 10 milliseconds, or
<ns0:Fraction>
<ns0:Numerator>10</ns0:Numerator>
<ns0:Denominator>1000</ns0:Denominator>
</ns0:Fraction>
of a
second.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The electrified security fence is used to protect and secure manufacturing or industrial property, or property zoned under another designation, but legally authorized to be used for a commercial purpose that stores, parks, services, sells, or rents vehicles, vessels, equipment, materials, freight, or utility infrastructure within an outdoor lot or yard, provided that the secured area does not include any existing residential or hospitality uses.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An owner of real property may install and operate an electrified security fence on their property, subject to all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The property is not located in a residential zone and falls within the description of property described in paragraph (2) of subdivision (a).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The electrified
security fence meets the standards and specifications of the International Electrotechnical Commission for electric security fence energizers in “International Standard IEC 60335, Part 2-76:2018.”
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The electrified security fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The warning signs are placed at each gate and access point, and at intervals along the electrified security fence not exceeding 30 feet.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The warning signs are marked with a written warning or a commonly recognized symbol for shock, a
written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the electrified security fence in wet conditions.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The height of the electrified security fence does not exceed 10 feet or 2 feet higher than an existing nonelectrified perimeter fence or wall, whichever is greater. The electrified security fence shall be located behind a nonelectrified perimeter fence or wall that is not less than five feet in height.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The electrified security fence includes a device that enables first responders to deactivate the electrified security fence in response to an emergency, if utilized by a city, county, or city and county.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The electrified security fence may interface with a monitored alarm device in a manner that
enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both the business and a monitoring service, in response to an intrusion or burglary.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An owner of real property not specified in paragraph (2) of subdivision (a) shall not install or operate an electrified security fence where a local ordinance prohibits the installation or operation of an electrified security fence. A local ordinance may prohibit the installation and operation of an electrified security fence that does not comply with subdivisions (a) to (c), inclusive. A local ordinance that prohibits or regulates only the installation or operation of an electrified fence as defined in Section 17151 of the Food and Agricultural Code shall not be construed to apply to an electrified security fence.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For property specified under paragraph (2) of
subdivision (a), and in compliance with subdivisions (a) to (c), inclusive, a city, county, or city and county ordinance, regulation, or code shall not prohibit the installation and operation of an electrified security fence, nor require a permit or approval that is in addition to an alarm system permit issued by the city, county, or city and county. A city, county, or city and county may require an administrative permit confirming the fence meets the requirements of this section if it is on a property abutting a property in residential use, or within 300 feet of a public park, childcare facility, recreation center, community center, or school facility.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Nothing in this section shall be construed to alter the authority of a jurisdiction to adopt and enforce an ordinance relating to nonelectrified perimeter fences or walls as legally authorized, if applicable.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section
shall remain in effect only until January 1, 2028, and as of that date is repealed.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_61941C13-D89E-4F70-8CD2-CFE3F34E235D">
<ns0:Num>SEC. 24.</ns0:Num>
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Section 1770 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_E6B8D9EC-0724-4F61-8A4C-FB755C79C47C">
<ns0:Num>1770.</ns0:Num>
<ns0:LawSectionVersion id="id_D0EA867A-9DC6-4947-983F-DC74BA9F629F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The unfair methods of competition and unfair or deceptive acts or practices listed in this subdivision undertaken by any person in a transaction intended to result or that results in the sale or lease of goods or services to any consumer are unlawful:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Passing off goods or services as those of another.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Misrepresenting the source, sponsorship, approval, or certification of goods or services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Misrepresenting the affiliation, connection, or association with, or certification by, another.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Using deceptive representations or designations of geographic origin in
connection with goods or services.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that the person does not have.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Representing that goods are original or new if they have deteriorated unreasonably or are altered, reconditioned, reclaimed, used, or secondhand.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Disparaging the goods, services, or business of another by false or misleading representation of fact.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Advertising goods or services with intent not to sell them as advertised.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Advertising goods or services with intent not to supply reasonably expectable demand, unless the advertisement discloses a limitation of quantity.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Advertising furniture without clearly indicating that it is unassembled if that is the case.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Advertising the price of unassembled furniture without clearly indicating the assembled price of that furniture if the same furniture is available assembled from the seller.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Making false or misleading statements of fact concerning reasons for, existence of, or amounts of, price reductions.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Representing that a transaction confers or involves rights, remedies, or obligations that it does not have or involve, or that are prohibited by law.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Representing that a part, replacement, or repair service is needed when it is not.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
Representing that the subject of a transaction has been supplied in accordance with a previous representation when it has not.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
Representing that the consumer will receive a rebate, discount, or other economic benefit, if the earning of the benefit is contingent on an event to occur subsequent to the consummation of the transaction.
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
Misrepresenting the authority of a salesperson, representative, or agent to negotiate the final terms of a transaction with a consumer.
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
Inserting an unconscionable provision in the contract.
</html:p>
<html:p>
(20)
<html:span class="EnSpace"/>
Advertising that a product is being offered at a specific price plus a specific percentage of that price unless (A) the total price is set forth in the advertisement, which may include, but is not limited to, shelf tags, displays, and media advertising, in a size larger than any other price in that advertisement, and (B) the specific price plus a specific percentage of that price represents a markup from the seller’s costs or from the wholesale price of the product. This subdivision shall not apply to in-store advertising by businesses that are open only to members or cooperative organizations organized pursuant to Division 3 (commencing with Section 12000) of Title 1 of the Corporations Code if more than 50 percent of purchases are made at the specific price set forth in the advertisement.
</html:p>
<html:p>
(21)
<html:span class="EnSpace"/>
Selling or leasing goods in violation of Chapter 4 (commencing with Section 1797.8) of Title 1.7.
</html:p>
<html:p>
(22)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Disseminating an unsolicited prerecorded message by telephone without an unrecorded, natural voice first informing the person answering the telephone of the name of the caller or the organization being represented, and either the address or the telephone number of the caller, and without obtaining the consent of that person to listen to the prerecorded message.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This subdivision does not apply to a message disseminated to a business associate, customer, or other person having an established relationship with the person or organization making the call, to a call for the purpose of collecting an existing obligation, or to any call generated at the request of the recipient.
</html:p>
<html:p>
(23)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The home solicitation, as defined in subdivision (h) of Section 1761, of a consumer who is a senior citizen where a loan or assessment is made encumbering the primary residence of that consumer for purposes of paying for home improvements and where the transaction is part of a pattern or practice in violation of any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Subsection (h) or (i) of Section 1639 of Title 15 of the United States Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Paragraph (1), (2), or (4) of subdivision (a) of Section 226.34 of Title 12 of the Code of Federal Regulations.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Section 22684, 22685, 22686, or 22687 of the Financial Code.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Section 5898.16, 5898.17, 5913, 5922, 5923, 5924, 5925, 5926, or
5940 of the Streets and Highways Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A third party shall not be liable under this subdivision unless (i) there was an agency relationship between the party who engaged in home solicitation and the third party, or (ii) the third party had actual knowledge of, or participated in, the unfair or deceptive transaction. A third party who is a holder in due course under a home solicitation transaction shall not be liable under this subdivision.
</html:p>
<html:p>
(24)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Charging or receiving an unreasonable fee to prepare, aid, or advise any prospective applicant, applicant, or recipient in the procurement, maintenance, or securing of public social services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this paragraph:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Public social services” means those activities and
functions of state and local government administered or supervised by the State Department of Health Care Services, the State Department of Public Health, or the State Department of Social Services, and involved in providing aid or services, or both, including health care services, and medical assistance, to those persons who, because of their economic circumstances or social condition, are in need of that aid or those services and may benefit from them.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“Public social services” also includes activities and functions administered or supervised by the United States Department of Veterans Affairs or the California Department of Veterans Affairs involved in providing aid or services, or both, to veterans, including pension benefits.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
“Unreasonable fee” means a fee that is exorbitant and disproportionate to the services performed. Factors to be considered, if appropriate, in
determining the reasonableness of a fee, are based on the circumstances existing at the time of the service and shall include, but not be limited to, all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The time and effort required.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The novelty and difficulty of the services.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The skill required to perform the services.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The nature and length of the professional relationship.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
The experience, reputation, and ability of the person providing the services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
This paragraph shall not apply to attorneys licensed to practice law in California, who are subject to the California Rules of Professional Conduct and to the mandatory fee
arbitration provisions of Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, when the fees charged or received are for providing representation in administrative agency appeal proceedings or court proceedings for purposes of procuring, maintaining, or securing public social services on behalf of a person or group of persons.
</html:p>
<html:p>
(25)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements that does not include the following statement in the same type size and font as the term “veteran” or any variation of that term:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“I am not authorized to file an initial application for Veterans’ Aid and Attendance benefits on your behalf, or to represent you before the Board of Veterans’ Appeals within the United States Department
of Veterans Affairs in any proceeding on any matter, including an application for those benefits. It would be illegal for me to accept a fee for preparing that application on your behalf.” The requirements of this clause do not apply to a person licensed to act as an agent or attorney in proceedings before the Agency of Original Jurisdiction and the Board of Veterans’ Appeals within the United States Department of Veterans Affairs when that person is offering those services at the advertised event.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The statement in clause (i) shall also be disseminated, both orally and in writing, at the beginning of any event, presentation, seminar, workshop, or public gathering regarding veterans’ benefits or entitlements.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements that is not sponsored by,
or affiliated with, the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries that does not include the following statement, in the same type size and font as the term “veteran” or the variation of that term:
</html:p>
<html:br/>
<html:p>“This event is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries. None of the insurance products promoted at this sales event are endorsed by those organizations, all of which offer free advice to veterans about how to qualify and apply for benefits.”</html:p>
<html:br/>
<html:p>
(i)
<html:span class="EnSpace"/>
The statement in this subparagraph shall be disseminated, both orally and in writing, at the beginning of any event, presentation, seminar, workshop, or public gathering regarding veterans’ benefits or entitlements.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The requirements of this subparagraph shall not apply in a case where the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries have granted written permission to the advertiser or promoter for the use of its name, symbol, or insignia to advertise or promote the event, presentation, seminar, workshop, or other public gathering.
</html:p>
<html:p>
(26)
<html:span class="EnSpace"/>
Advertising, offering for
sale, or selling a financial product that is illegal under state or federal law, including any cash payment for the assignment to a third party of the consumer’s right to receive future pension or veteran’s benefits.
</html:p>
<html:p>
(27)
<html:span class="EnSpace"/>
Representing that a product is made in California by using a Made in California label created pursuant to Section 12098.10 of the Government Code, unless the product complies with Section 12098.10 of the Government Code.
</html:p>
<html:p>
(28)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Failing to include either of the following in a solicitation by a covered person, or an entity acting on behalf of a covered person, to a consumer for a consumer financial product or service:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The name of the covered person, and, if applicable, the entity acting on behalf of the covered person, and relevant contact information, including a mailing
address and telephone number.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
The following disclosure statement in at least 18-point bold type and in the language in which a solicitation described by this paragraph is drafted: “THIS IS AN ADVERTISEMENT. YOU ARE NOT REQUIRED TO MAKE ANY PAYMENT OR TAKE ANY OTHER ACTION IN RESPONSE TO THIS OFFER.”
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
(ia)
<html:span class="EnSpace"/>
The disclosure statement described in subclause (I) shall appear in at least 16-point bold type on the front of an envelope that contains a solicitation described by this paragraph.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
This subclause applies only to solicitations made by physical mail.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this paragraph:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Consumer financial product or service”
has the same meaning as defined in Section 90005 of the Financial Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
“Covered person” has the same meaning as defined in Section 90005 of the Financial Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
“Covered person” does not mean an entity exempt from Division 24 (commencing with Section 90000) of the Financial Code pursuant to Section 90002 of the Financial Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
“Solicitation” means an advertisement or marketing communication through writing or graphics that is directed to, or likely to give the impression of being directed to, an individually identified person, residence, or business location. “Solicitation” does not include any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Communication through a mass advertisement, including in a catalog, on a radio or television
broadcast, or on a publicly accessible internet website, if that communication is not directed to, or is not likely to give the impression of being directed to, an individually identified person, residence, or business location.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Communication via a telephone, mail, or electronic communication that was initiated by a consumer.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A written credit or insurance solicitation that is subject to the disclosure requirements of subsection (d) of Section 1681m of Title 15 of the United States Code.
</html:p>
<html:p>
(29)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Advertising, displaying, or offering a price for a good or service that does not include all mandatory fees or charges other than either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Taxes or fees imposed by a government on the transaction.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Postage or carriage charges that will be reasonably and actually incurred to ship the physical good to the consumer.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Compliance by a person providing broadband internet access service on its own or as part of a bundle, as defined in Section 8.1(b) of Title 47 of the Code of Federal Regulations, with the broadband consumer label requirements adopted by the Federal Communications Commission in FCC 22-86 on November 14, 2022, codified in Section 8.1(a) of Title 47 of the Code of Federal Regulations, shall be deemed compliance with this paragraph.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For purposes of this subparagraph, “financial entity” means an entity that is exempt from Division 24 (commencing with Section 90000) of the Financial Code pursuant to Section 90002 of the Financial Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A financial entity that is required to provide disclosures in compliance with any of the following federal or state acts or regulations with respect to a financial transaction is exempt from this paragraph for purposes of that financial transaction:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The federal Truth in Savings Act, as amended (12 U.S.C. Sec. 4301 et seq.).
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The federal Electronic Fund Transfer Act, as amended (15 U.S.C. Sec. 1693 et seq.).
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Section 19 of the Federal Reserve Act, as amended (12 U.S.C. Sec. 461 et seq.).
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The federal Truth in Lending Act, as amended (15 U.S.C. Sec. 1601 et seq.).
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
The federal Real Estate Settlement
Procedures Act, as amended (12 U.S.C. Sec. 2601 et seq.).
</html:p>
<html:p>
(VI)
<html:span class="EnSpace"/>
The federal Home Ownership and Equity Protection Act (15 U.S.C. Sec. 1639).
</html:p>
<html:p>
(VII)
<html:span class="EnSpace"/>
Any regulation adopted pursuant to any of the federal acts in subclauses (I) to (VI), inclusive.
</html:p>
<html:p>
(VIII)
<html:span class="EnSpace"/>
The California Financing Law (Division 9 (commencing with Section 22000) of the Financial Code).
</html:p>
<html:p>
(IX)
<html:span class="EnSpace"/>
The California Residential Mortgage Lending Act (Division 20 (commencing with Section 50000) of the Financial Code).
</html:p>
<html:p>
(X)
<html:span class="EnSpace"/>
The Real Estate Law (Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code).
</html:p>
<html:p>
(XI)
<html:span class="EnSpace"/>
Any regulation adopted pursuant to any of
the state acts in subclauses (VIII) to (X), inclusive.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Subject to clause (ii), this paragraph does not apply to a mandatory fee or charge for individual food or beverage items sold directly to a customer by a restaurant, bar, food concession, grocery store, or grocery delivery service, or by means of a menu or contract for banquet or catering services that fully discloses the terms of service.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A mandatory fee or charge under clause (i) shall be clearly and conspicuously displayed, with an explanation of its purpose, on any advertisement, menu, or other display that contains the price of the food or beverage item.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
“Grocery delivery service” means a company owned by, or under contract with, a grocery store or distributor that delivers food, primarily fresh produce, meat,
poultry, fish, deli products, dairy products, perishable beverages, baked foods, and prepared foods, from the grocery store or distributor to a consumer.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The exemption in this subparagraph does not apply to a “third-party food delivery platform,” as defined in Section 113930.5 of the Health and Safety Code, or any other food delivery platform.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
It is an unfair or deceptive act or practice for a mortgage broker or lender, directly or indirectly, to use a home improvement contractor to negotiate the terms of any loan that is secured, whether in whole or in part, by the residence of the borrower and that is used to finance a home improvement contract or any portion of a home improvement contract. For purposes of this subdivision, “mortgage broker or lender” includes a finance lender licensed pursuant to the California Financing Law (Division 9
(commencing with Section 22000) of the Financial Code), a residential mortgage lender licensed pursuant to the California Residential Mortgage Lending Act (Division 20 (commencing with Section 50000) of the Financial Code), or a real estate broker licensed under the Real Estate Law (Division 4 (commencing with Section 10000) of the Business and Professions Code).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This section shall not be construed to either authorize or prohibit a home improvement contractor from referring a consumer to a mortgage broker or lender by this subdivision. However, a home improvement contractor may refer a consumer to a mortgage lender or broker if that referral does not violate Section 7157 of the Business and Professions Code or any other law. A mortgage lender or broker may purchase an executed home improvement contract if that purchase does not violate Section 7157 of the Business and Professions Code or any other law. Nothing in this paragraph shall have
any effect on the application of Chapter 1 (commencing with Section 1801) of Title 2 to a home improvement transaction or the financing of a home improvement transaction.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
As of July 1, 2025, any disclosure, advertisement, or notice that is required to be “clearly” or “clearly and conspicuously” made must have text that is “clear and conspicuous,” as defined in subdivision (u) of Section 1791.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section shall become operative on July 1, 2024.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_47225C3E-C93E-4347-83E2-3F74D04280DB">
<ns0:Num>SEC. 25.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" 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'1.6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1785.11.11.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1785.11.11 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_97E0ED34-4912-47A1-AD9E-05844A721459">
<ns0:Num>1785.11.11.</ns0:Num>
<ns0:LawSectionVersion id="id_F2462C3B-E622-43DA-97ED-69FA086E3C15">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A consumer credit reporting agency shall place a security freeze for a protected consumer if both of the following occur:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The consumer credit reporting agency receives a request from the protected consumer’s representative for the placement of the security freeze pursuant to this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The protected consumer’s representative does all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Pays to the consumer credit reporting agency a fee as authorized by subdivision (i).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting, the credit reporting agency shall deem the requirements of clauses (ii) and (iii) of subparagraph (B) of paragraph (1) to have been met if the request is from a county welfare department or a county probation department appearing on the most recent list provided or available to a consumer
credit reporting agency by the State Department of Social Services and the requesting entity provides sufficient proof of identification under 15 U.S.C. Sec. 1681c-1(j)(1)(G). A county welfare department or county probation department shall not have the authority to request a security freeze for a protected consumer placed in foster care that continues beyond the protected consumer’s 18th birthday. A consumer credit reporting agency may use whatever lawful mechanism is available to it, including mechanisms for thawing or unfreezing reports by dates certain, to ensure the freeze does not extend beyond a protected consumer’s 18th birthday.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding any other law, the State Department of Social Services may, at the request of a consumer credit reporting agency, provide or, in the State Department of Social Service’s discretion, otherwise make available to consumer reporting agencies in any other manner, a list of county welfare
departments or county probation departments whose employees may be representatives of protected consumers who have been placed in a foster care setting.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If a protected consumer’s representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer
credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumer’s consumer credit report, any information derived from the protected consumer’s consumer credit report, or any record created for the protected consumer.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The protected consumer or the protected consumer’s representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The security freeze is removed in accordance with subdivision (j).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
To remove a security freeze, a protected consumer or a protected consumer’s representative shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Provide to the consumer credit reporting agency:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the request is made by the protected consumer:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Proof that the sufficient proof of authority for the protected consumer’s representative to act on behalf of the protected
consumer is no longer valid, they have been emancipated, or they are 16 years of age or older.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Sufficient proof of identification of the protected consumer.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the request is made by the representative of a protected consumer:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Sufficient proof of identification of the protected consumer and the representative.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Sufficient proof of authority to act on behalf of the protected consumer.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Pay to the consumer credit reporting agency a fee as authorized by subdivision (i).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove
a security freeze for a protected consumer.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), a consumer credit reporting agency may not charge a fee for any service performed pursuant to this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A consumer credit reporting agency is authorized to charge a reasonable fee, not exceeding ten dollars ($10), for each placement or removal of a security freeze for a protected consumer.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding paragraph (2), a consumer credit reporting agency shall not charge any fee pursuant to this section under any of the following circumstances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The protected consumer’s representative has received a report of alleged identity theft against the protected consumer under Section 530.5 of the Penal Code and has provided copy of the
report to the consumer credit reporting agency.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The request for the placement or removal of a security freeze is for a protected consumer who is under 16 years of age at the time of the request and the consumer credit reporting agency has a report pertaining to the protected consumer.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The request for the placement or removal of a security freeze is for a protected consumer who has been placed in a foster care setting.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumer’s representative.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
With respect to a security freeze placed for a protected consumer under paragraph (2) of subdivision (a), the freeze may be removed prior to the protected consumer’s 18th birthday at the request of the representative of the protected consumer, or by the protected consumer if the protected consumer is 16 years of age or older at the time they make the request, under any of the following circumstances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Upon the protected consumer’s removal from foster care.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Upon the protected consumer’s request, if the protected consumer is 16 years of age or older.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Upon a determination by the representative of the protected consumer that removal of the security freeze is in the best interest of the protected consumer.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A representative of the protected consumer may also remove the freeze pursuant to paragraph (2) at a time when the representative inquires with each of the three major credit reporting agencies pursuant to paragraph (1) of subdivision (a) of Section 10618.6 of the Welfare and Institutions Code.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the internet, or other electronic media to receive and process a request for a protected consumer’s security freeze to be placed or removed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B0F3531F-4E86-4E4F-8072-0F10DAC518AE">
<ns0:Num>SEC. 26.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" 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'1.81.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1798.130.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1798.130 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F3ED764D-DF86-4D34-9154-C766423C7ED4">
<ns0:Num>1798.130.</ns0:Num>
<ns0:LawSectionVersion id="id_107F0FDA-4AA3-4035-9C0B-11780C1E0228">
<ns0:Content>
<html:p>Notice, Disclosure, Correction, and Deletion Requirements</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
In order to comply with Sections 1798.100, 1798.105, 1798.106, 1798.110, 1798.115, and 1798.125, a business shall, in a form that is reasonably accessible to consumers:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Make available to consumers two or more designated methods for submitting requests for information required to be disclosed pursuant to Sections 1798.110 and 1798.115, or requests for deletion or correction pursuant to Sections 1798.105 and 1798.106, respectively, including, at a minimum, a toll-free telephone number. A business that operates exclusively online and has a direct relationship with a consumer from whom it collects personal information shall only be
required to provide an email address for submitting requests for information required to be disclosed pursuant to Sections 1798.110 and 1798.115, or for requests for deletion or correction pursuant to Sections 1798.105 and 1798.106, respectively.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the business maintains an internet website, make the internet website available to consumers to submit requests for information required to be disclosed pursuant to Sections 1798.110 and 1798.115, or requests for deletion or correction pursuant to Sections 1798.105 and 1798.106, respectively.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Disclose and deliver the required information to a consumer free of charge, correct inaccurate personal information, or delete a consumer’s personal information, based on the consumer’s request, within 45 days of receiving a verifiable consumer request from the consumer. The business shall promptly take steps to
determine whether the request is a verifiable consumer request, but this shall not extend the business’ duty to disclose and deliver the information, to correct inaccurate personal information, or to delete personal information within 45 days of receipt of the consumer’s request. The time period to provide the required information, to correct inaccurate personal information, or to delete personal information may be extended once by an additional 45 days when reasonably necessary, provided the consumer is provided notice of the extension within the first 45-day period. The disclosure of the required information shall be made in writing and delivered through the consumer’s account with the business, if the consumer maintains an account with the business, or by mail or electronically at the consumer’s option if the consumer does not maintain an account with the business, in a readily useable format that allows the consumer to transmit this information from one entity to another entity without hindrance. The
business may require authentication of the consumer that is reasonable in light of the nature of the personal information requested, but shall not require the consumer to create an account with the business in order to make a verifiable consumer request provided that if the consumer, has an account with the business, the business may require the consumer to use that account to submit a verifiable consumer request.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The disclosure of the required information shall cover the 12-month period preceding the business’ receipt of the verifiable consumer request provided that, upon the adoption of a regulation pursuant to paragraph (8) of subdivision (a) of Section 1798.185, a consumer may request that the business disclose the required information beyond the 12-month period, and the business shall be required to provide that information unless doing so proves impossible or would involve a disproportionate effort. A consumer’s right to request
required information beyond the 12-month period, and a business’ obligation to provide that information, shall only apply to personal information collected on or after January 1, 2022. Nothing in this subparagraph shall require a business to keep personal information for any length of time.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A business that receives a verifiable consumer request pursuant to Section 1798.110 or 1798.115 shall disclose any personal information it has collected about a consumer, directly or indirectly, including through or by a service provider or contractor, to the consumer. A service provider or contractor shall not be required to comply with a verifiable consumer request received directly from a consumer or a consumer’s authorized agent, pursuant to Section 1798.110 or 1798.115, to the extent that the service provider or contractor has collected personal information about the consumer in its role as a service provider or contractor.
A service provider or contractor shall provide assistance to a business with which it has a contractual relationship with respect to the business’ response to a verifiable consumer request, including, but not limited to, by providing to the business the consumer’s personal information in the service provider or contractor’s possession, which the service provider or contractor obtained as a result of providing services to the business, and by correcting inaccurate information or by enabling the business to do the same. A service provider or contractor that collects personal information pursuant to a written contract with a business shall be required to assist the business through appropriate technical and organizational measures in complying with the requirements of subdivisions (d) to (f), inclusive, of Section 1798.100, taking into account the nature of the processing.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of subdivision (b) of Section 1798.110:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
To identify the consumer, associate the information provided by the consumer in the verifiable consumer request to any personal information previously collected by the business about the consumer.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Identify by category or categories the personal information collected about the consumer for the applicable period of time by reference to the enumerated category or categories in subdivision (c) that most closely describes the personal information collected; the categories of sources from which the consumer’s personal information was collected; the business or commercial purpose for collecting, selling, or sharing the consumer’s personal information; and the categories of third parties to whom the business discloses the consumer’s personal information.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Provide the specific pieces of personal information
obtained from the consumer in a format that is easily understandable to the average consumer, and to the extent technically feasible, in a structured, commonly used, machine-readable format that may also be transmitted to another entity at the consumer’s request without hindrance. “Specific pieces of information” do not include data generated to help ensure security and integrity or as prescribed by regulation. Personal information is not considered to have been disclosed by a business when a consumer instructs a business to transfer the consumer’s personal information from one business to another in the context of switching services.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of subdivision (b) of Section 1798.115:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Identify the consumer and associate the information provided by the consumer in the verifiable consumer request to any personal information previously collected by the business about the
consumer.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Identify by category or categories the personal information of the consumer that the business sold or shared during the applicable period of time by reference to the enumerated category in subdivision (c) that most closely describes the personal information, and provide the categories of third parties to whom the consumer’s personal information was sold or shared during the applicable period of time by reference to the enumerated category or categories in subdivision (c) that most closely describes the personal information sold or shared. The business shall disclose the information in a list that is separate from a list generated for the purposes of subparagraph (C).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Identify by category or categories the personal information of the consumer that the business disclosed for a business purpose during the applicable period of time by reference to the enumerated
category or categories in subdivision (c) that most closely describes the personal information, and provide the categories of persons to whom the consumer’s personal information was disclosed for a business purpose during the applicable period of time by reference to the enumerated category or categories in subdivision (c) that most closely describes the personal information disclosed. The business shall disclose the information in a list that is separate from a list generated for the purposes of subparagraph (B).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Disclose the following information in its online privacy policy or policies if the business has an online privacy policy or policies and in any California-specific description of consumers’ privacy rights, or if the business does not maintain those policies, on its internet website, and update that information at least once every 12 months:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A description of a
consumer’s rights pursuant to Sections 1798.100, 1798.105, 1798.106, 1798.110, 1798.115, and 1798.125 and two or more designated methods for submitting requests, except as provided in subparagraph (A) of paragraph (1) of subdivision (a).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of subdivision (c) of Section 1798.110:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A list of the categories of personal information it has collected about consumers in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describe the personal information collected.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The categories of sources from which consumers’ personal information is collected.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The business or commercial purpose for collecting, selling, or sharing consumers’ personal information.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The categories of third parties to whom the business discloses consumers’ personal information.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For purposes of paragraphs (1) and (2) of subdivision (c) of Section 1798.115, two separate lists:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A list of the categories of personal information it has sold or shared about consumers in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describe the personal information sold or shared, or if the business has not sold or shared consumers’ personal information in the preceding 12 months, the business shall prominently disclose that fact in its privacy policy.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A list of the categories of personal information it has disclosed about consumers for a business purpose in the preceding
12 months by reference to the enumerated category in subdivision (c) that most closely describes the personal information disclosed, or if the business has not disclosed consumers’ personal information for a business purpose in the preceding 12 months, the business shall disclose that fact.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Ensure that all individuals responsible for handling consumer inquiries about the business’ privacy practices or the business’ compliance with this title are informed of all requirements in Sections 1798.100, 1798.105, 1798.106, 1798.110, 1798.115, 1798.125, and this section, and how to direct consumers to exercise their rights under those sections.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Use any personal information collected from the consumer in connection with the business’ verification of the consumer’s request solely for the purposes of verification and shall not further disclose the personal information, retain it
longer than necessary for purposes of verification, or use it for unrelated purposes.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A business is not obligated to provide the information required by Sections 1798.110 and 1798.115 to the same consumer more than twice in a 12-month period.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The categories of personal information required to be disclosed pursuant to Sections 1798.100, 1798.110, and 1798.115 shall follow the definitions of personal information and sensitive personal information in Section 1798.140 by describing the categories of personal information using the specific terms set forth in subparagraphs (A) to (K), inclusive, of paragraph (1) of subdivision (v) of Section 1798.140 and by describing the categories of sensitive personal information using the specific terms set forth in subparagraphs (A) to (F), inclusive, of paragraph (1), and subparagraphs (A) to (C), inclusive, of paragraph (2), of
subdivision (ae) of Section 1798.140.
</html:p>
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</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_CEC857F0-4C7C-4193-8617-03316693D5BF">
<ns0:Num>SEC. 27.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" 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'1.81.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1798.140.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1798.140 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_6170F787-B37B-4197-BD73-227654B62C1D">
<ns0:Num>1798.140.</ns0:Num>
<ns0:LawSectionVersion id="id_54654D3E-1BCE-4A9B-84FD-5A7CF39E1C18">
<ns0:Content>
<html:p>Definitions</html:p>
<html:p>For purposes of this title:</html:p>
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(a)
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“Advertising and marketing” means a communication by a business or a person acting on the business’ behalf in any medium intended to induce a consumer to obtain goods, services, or employment.
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(b)
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“Aggregate consumer information” means information that relates to a group or category of consumers, from which individual consumer identities have been removed, that is not linked or reasonably linkable to any consumer or household, including via a device. “Aggregate consumer information” does not mean one or more individual consumer records that have been deidentified.
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(c)
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“Biometric information” means an individual’s physiological, biological, or behavioral characteristics, including information pertaining to an individual’s deoxyribonucleic acid (DNA), that is used or is intended to be used singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.
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(d)
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“Business” means:
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<html:p>
(1)
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A sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is
organized or operated for the profit or financial benefit of its shareholders or other owners, that collects consumers’ personal information, or on the behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California, and that satisfies one or more of the following thresholds:
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(A)
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As of January 1 of the calendar year, had annual gross revenues in excess of twenty-five million dollars ($25,000,000) in the preceding calendar year, as adjusted pursuant to subdivision (d) of Section 1798.199.95.
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(B)
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Alone or in combination, annually buys, sells, or shares the personal information of 100,000 or more consumers or households.
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(C)
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Derives 50 percent or more of its annual
revenues from selling or sharing consumers’ personal information.
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<html:p>
(2)
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Any entity that controls or is controlled by a business, as defined in paragraph (1), and that shares common branding with the business and with whom the business shares consumers’ personal information. “Control” or “controlled” means ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a business; control in any manner over the election of a majority of the directors, or of individuals exercising similar functions; or the power to exercise a controlling influence over the management of a company. “Common branding” means a shared name, servicemark, or trademark that the average consumer would understand that two or more entities are commonly owned.
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(3)
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A joint venture or partnership composed of businesses in which each business has at least a 40
percent interest. For purposes of this title, the joint venture or partnership and each business that composes the joint venture or partnership shall separately be considered a single business, except that personal information in the possession of each business and disclosed to the joint venture or partnership shall not be shared with the other business.
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(4)
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A person that does business in California, that is not covered by paragraph (1), (2), or (3), and that voluntarily certifies to the California Privacy Protection Agency that it is in compliance with, and agrees to be bound by, this title.
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(e)
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“Business purpose” means the use of personal information for the business’ operational purposes, or other notified purposes, or for the service provider or contractor’s operational purposes, as defined by regulations adopted pursuant to paragraph (10) of subdivision (a) of Section
1798.185, provided that the use of personal information shall be reasonably necessary and proportionate to achieve the purpose for which the personal information was collected or processed or for another purpose that is compatible with the context in which the personal information was collected. Business purposes are:
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<html:p>
(1)
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Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
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(2)
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Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes.
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(3)
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Debugging to identify and repair errors that impair existing intended functionality.
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(4)
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Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer’s current interaction with the business, provided that the consumer’s personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business.
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(5)
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Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business.
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(6)
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Providing advertising and marketing services, except for cross-context behavioral advertising, to the consumer provided
that, for the purpose of advertising and marketing, a service provider or contractor shall not combine the personal information of opted-out consumers that the service provider or contractor receives from, or on behalf of, the business with personal information that the service provider or contractor receives from, or on behalf of, another person or persons or collects from its own interaction with consumers.
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(7)
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Undertaking internal research for technological development and demonstration.
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(8)
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Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.
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(f)
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“Collects,”
“collected,” or “collection” means buying, renting, gathering, obtaining, receiving, or accessing any personal information pertaining to a consumer by any means. This includes receiving information from the consumer, either actively or passively, or by observing the consumer’s behavior.
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(g)
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“Commercial purposes” means to advance a person’s commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.
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(h)
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“Consent” means any freely given, specific, informed, and unambiguous indication of the consumer’s wishes by which the consumer, or the consumer’s legal guardian, a person who has power of attorney, or a person acting as a conservator for the consumer, including by a statement or by a
clear affirmative action, signifies agreement to the processing of personal information relating to the consumer for a narrowly defined particular purpose. Acceptance of a general or broad terms of use, or similar document, that contains descriptions of personal information processing along with other, unrelated information, does not constitute consent. Hovering over, muting, pausing, or closing a given piece of content does not constitute consent. Likewise, agreement obtained through use of dark patterns does not constitute consent.
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<html:p>
(i)
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“Consumer” means a natural person who is a California resident, as defined in Section 17014 of Title 18 of the California Code of Regulations, as that section read on September 1, 2017, however identified, including by any unique identifier.
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<html:p>
(j)
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(1)
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“Contractor” means a person to whom the business makes available a consumer’s
personal information for a business purpose, pursuant to a written contract with the business, provided that the contract:
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<html:p>
(A)
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Prohibits the contractor from:
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<html:p>
(i)
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Selling or sharing the personal information.
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(ii)
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Retaining, using, or disclosing the personal information for any purpose other than for the business purposes specified in the contract, including retaining, using, or disclosing the personal information for a commercial purpose other than the business purposes specified in the contract, or as otherwise permitted by this title.
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(iii)
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Retaining, using, or disclosing the information outside of the direct business relationship between the contractor and the business.
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(iv)
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Combining
the personal information that the contractor receives pursuant to a written contract with the business with personal information that it receives from or on behalf of another person or persons, or collects from its own interaction with the consumer, provided that the contractor may combine personal information to perform any business purpose as defined in regulations adopted pursuant to paragraph (9) of subdivision (a) of Section 1798.185, except as provided for in paragraph (6) of subdivision (e) and in regulations adopted by the California Privacy Protection Agency.
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(B)
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Includes a certification made by the contractor that the contractor understands the restrictions in subparagraph (A) and will comply with them.
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(C)
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Permits, subject to agreement with the contractor, the business to monitor the contractor’s compliance with the contract through measures, including, but not limited
to, ongoing manual reviews and automated scans and regular assessments, audits, or other technical and operational testing at least once every 12 months.
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<html:p>
(2)
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If a contractor engages any other person to assist it in processing personal information for a business purpose on behalf of the business, or if any other person engaged by the contractor engages another person to assist in processing personal information for that business purpose, it shall notify the business of that engagement, and the engagement shall be pursuant to a written contract binding the other person to observe all the requirements set forth in paragraph (1).
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(k)
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“Cross-context behavioral advertising” means the targeting of advertising to a consumer based on the consumer’s personal information obtained from the consumer’s activity across businesses, distinctly branded internet websites, applications, or services,
other than the business, distinctly branded internet website, application, or service with which the consumer intentionally interacts.
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(l)
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“Dark pattern” means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decisionmaking, or choice, as further defined by regulation.
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(m)
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“Deidentified” means information that cannot reasonably be used to infer information about, or otherwise be linked to, a particular consumer provided that the business that possesses the information:
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<html:p>
(1)
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Takes reasonable measures to ensure that the information cannot be associated with a consumer or household.
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(2)
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Publicly commits to maintain and use the information in deidentified form and not to attempt to reidentify the
information, except that the business may attempt to reidentify the information solely for the purpose of determining whether its deidentification processes satisfy the requirements of this subdivision.
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(3)
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Contractually obligates any recipients of the information to comply with all provisions of this subdivision.
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(n)
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“Designated methods for submitting requests” means a mailing address, email address, internet web page, internet web portal, toll-free telephone number, or other applicable contact information, whereby consumers may submit a request or direction under this title, and any new, consumer-friendly means of contacting a business, as approved by the Attorney General pursuant to Section 1798.185.
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(o)
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“Device” means any physical object that is capable of connecting to the internet, directly or indirectly, or to
another device.
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<html:p>
(p)
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“Homepage” means the introductory page of an internet website and any internet web page where personal information is collected. In the case of an online service, such as a mobile application, homepage means the application’s platform page or download page, a link within the application, such as from the application configuration, “About,” “Information,’’ or settings page, and any other location that allows consumers to review the notices required by this title, including, but not limited to, before downloading the application.
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(q)
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“Household” means a group, however identified, of consumers who cohabitate with one another at the same residential address and share use of common devices or services.
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(r)
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“Infer” or “inference” means the derivation of information, data, assumptions, or conclusions
from facts, evidence, or another source of information or data.
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(s)
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“Intentionally interacts” means when the consumer intends to interact with a person, or disclose personal information to a person, via one or more deliberate interactions, including visiting the person’s internet website or purchasing a good or service from the person. Hovering over, muting, pausing, or closing a given piece of content does not constitute a consumer’s intent to interact with a person.
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(t)
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“Nonpersonalized advertising” means advertising and marketing that is based solely on a consumer’s personal information derived from the consumer’s current interaction with the business with the exception of the consumer’s precise geolocation.
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(u)
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“Person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business
trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert.
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(v)
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(1)
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“Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information includes, but is not limited to, the following if it identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household:
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(A)
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Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other
similar identifiers.
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(B)
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Any personal information described in subdivision (e) of Section 1798.80.
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(C)
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Characteristics of protected classifications under California or federal law.
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(D)
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Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
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(E)
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Biometric information.
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(F)
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Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement.
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(G)
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Geolocation data.
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(H)
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Audio, electronic, visual, thermal, olfactory, or similar information.
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(I)
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Professional or employment-related information.
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(J)
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Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).
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(K)
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Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
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(L)
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Sensitive personal information.
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(2)
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(A)
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“Personal information” does not include publicly available information or lawfully obtained, truthful information that is a matter of public concern.
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(B)
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(i)
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For purposes of this paragraph, “publicly available” means any of the following:
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(I)
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Information that is lawfully made available from federal, state, or local government records.
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(II)
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Information that a business has a reasonable basis to believe is lawfully made available to the general public by the consumer or from widely distributed media.
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(III)
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Information made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information
to a specific audience.
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(ii)
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“Publicly available” does not mean biometric information collected by a business about a consumer without the consumer’s knowledge.
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(3)
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“Personal information” does not include consumer information that is deidentified or aggregate consumer information.
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(4)
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“Personal information” can exist in various formats, including, but not limited to, all of the following:
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(A)
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Physical formats, including paper documents, printed images, vinyl records, or video tapes.
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(B)
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Digital formats, including text, image, audio, or video files.
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(C)
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Abstract digital formats, including compressed or encrypted files,
metadata, or artificial intelligence systems that are capable of outputting personal information.
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(w)
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“Precise geolocation” means any data that is derived from a device and that is used or intended to be used to locate a consumer within a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet, except as prescribed by regulations.
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(x)
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“Probabilistic identifier” means the identification of a consumer or a consumer’s device to a degree of certainty of more probable than not based on any categories of personal information included in, or similar to, the categories enumerated in the definition of personal information.
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(y)
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“Processing” means any operation or set of operations that are performed on personal information or on sets of personal information, whether or not by automated
means.
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(z)
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“Profiling” means any form of automated processing of personal information, as further defined by regulations pursuant to paragraph (15) of subdivision (a) of Section 1798.185, to evaluate certain personal aspects relating to a natural person and in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
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(aa)
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“Pseudonymize” or “pseudonymization” means the processing of personal information in a manner that renders the personal information no longer attributable to a specific consumer without the use of additional information, provided that the additional information is kept separately and is subject to technical and organizational measures to ensure that the personal information is not attributed to an identified or
identifiable consumer.
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<html:p>
(ab)
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“Research” means scientific analysis, systematic study, and observation, including basic research or applied research that is designed to develop or contribute to public or scientific knowledge and that adheres or otherwise conforms to all other applicable ethics and privacy laws, including, but not limited to, studies conducted in the public interest in the area of public health. Research with personal information that may have been collected from a consumer in the course of the consumer’s interactions with a business’ service or device for other purposes shall be:
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<html:p>
(1)
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Compatible with the business purpose for which the personal information was collected.
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(2)
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Subsequently pseudonymized and deidentified, or deidentified and in the aggregate, such that the information cannot reasonably
identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, by a business.
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(3)
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Made subject to technical safeguards that prohibit reidentification of the consumer to whom the information may pertain, other than as needed to support the research.
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(4)
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Subject to business processes that specifically prohibit reidentification of the information, other than as needed to support the research.
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(5)
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Made subject to business processes to prevent inadvertent release of deidentified information.
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(6)
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Protected from any reidentification attempts.
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(7)
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Used solely for research purposes that are compatible with the context in which the
personal information was collected.
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(8)
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Subjected by the business conducting the research to additional security controls that limit access to the research data to only those individuals as are necessary to carry out the research purpose.
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(ac)
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“Security and integrity” means the ability of:
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<html:p>
(1)
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Networks or information systems to detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted personal information.
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(2)
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Businesses to detect security incidents, resist malicious, deceptive, fraudulent, or illegal actions and to help prosecute those responsible for those actions.
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(3)
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Businesses to ensure the physical safety of
natural persons.
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<html:p>
(ad)
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(1)
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“Sell,” “selling,” “sale,” or “sold,’’ means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for monetary or other valuable consideration.
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<html:p>
(2)
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For purposes of this title, a business does not sell personal information when:
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<html:p>
(A)
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A consumer uses or directs the business to intentionally:
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<html:p>
(i)
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Disclose personal information.
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(ii)
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Interact with one or more third parties.
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(B)
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The business uses or shares
an identifier for a consumer who has opted out of the sale of the consumer’s personal information or limited the use of the consumer’s sensitive personal information for the purposes of alerting persons that the consumer has opted out of the sale of the consumer’s personal information or limited the use of the consumer’s sensitive personal information.
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(C)
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The business transfers to a third party the personal information of a consumer as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the business, provided that information is used or shared consistently with this title. If a third party materially alters how it uses or shares the personal information of a consumer in a manner that is materially inconsistent with the promises made at the time of collection, it shall provide prior notice of the new or changed practice to the consumer. The notice shall be
sufficiently prominent and robust to ensure that existing consumers can easily exercise their choices consistently with this title. This subparagraph does not authorize a business to make material, retroactive privacy policy changes or make other changes in their privacy policy in a manner that would violate the Unfair and Deceptive Practices Act (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code).
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<html:p>
(ae)
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“Sensitive personal information” means:
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<html:p>
(1)
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Personal information that reveals:
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<html:p>
(A)
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A consumer’s social security, driver’s license, state identification card, or passport number.
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(B)
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A consumer’s account log-in, financial account, debit card, or credit card number in combination with any required
security or access code, password, or credentials allowing access to an account.
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<html:p>
(C)
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A consumer’s precise geolocation.
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(D)
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A consumer’s racial or ethnic origin, citizenship or immigration status, religious or philosophical beliefs, or union membership.
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(E)
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The contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication.
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(F)
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A consumer’s genetic data.
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(G)
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(i)
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A consumer’s neural data.
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<html:p>
(ii)
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“Neural data” means information that is generated by measuring the activity of a consumer’s central or peripheral nervous system, and that is not inferred
from nonneural information.
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<html:p>
(2)
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(A)
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The processing of biometric information for the purpose of uniquely identifying a consumer.
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(B)
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Personal information collected and analyzed concerning a consumer’s health.
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(C)
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Personal information collected and analyzed concerning a consumer’s sex life or sexual orientation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Sensitive personal information that is “publicly available” pursuant to paragraph (2) of subdivision (v) shall not be considered sensitive personal information or personal information.
</html:p>
<html:p>
(af)
<html:span class="EnSpace"/>
“Service” or “services” means work, labor, and services, including services furnished in connection with the sale or repair of goods.
</html:p>
<html:p>
(ag)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Service provider” means a person that processes personal information on behalf of a business and that receives from or on behalf of the business consumer’s personal information for a business purpose pursuant to a written contract, provided that the contract prohibits the person from:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Selling or sharing the personal information.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Retaining, using, or disclosing the personal information for any purpose other than for the business purposes specified in the contract for the business, including retaining, using, or disclosing the personal information for a commercial purpose other than the business purposes specified in the contract with the business, or as otherwise permitted by this title.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Retaining, using, or
disclosing the information outside of the direct business relationship between the service provider and the business.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Combining the personal information that the service provider receives from, or on behalf of, the business with personal information that it receives from, or on behalf of, another person or persons, or collects from its own interaction with the consumer, provided that the service provider may combine personal information to perform any business purpose as defined in regulations adopted pursuant to paragraph (9) of subdivision (a) of Section 1798.185, except as provided for in paragraph (6) of subdivision (e) of this section and in regulations adopted by the California Privacy Protection Agency. The contract may, subject to agreement with the service provider, permit the business to monitor the service provider’s compliance with the contract through measures, including, but not limited to, ongoing manual reviews and automated
scans and regular assessments, audits, or other technical and operational testing at least once every 12 months.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a service provider engages any other person to assist it in processing personal information for a business purpose on behalf of the business, or if any other person engaged by the service provider engages another person to assist in processing personal information for that business purpose, it shall notify the business of that engagement, and the engagement shall be pursuant to a written contract binding the other person to observe all the requirements set forth in paragraph (1).
</html:p>
<html:p>
(ah)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Share,” “shared,” or “sharing” means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business
to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this title, a business does not share personal information when:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A consumer uses or directs the business to intentionally disclose personal information or intentionally interact with one or more third parties.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The business uses or shares an identifier for a consumer who has opted out of the sharing of the consumer’s personal information or limited the use of the consumer’s sensitive personal information for the purposes of alerting persons that the consumer has opted out of the sharing of the consumer’s personal
information or limited the use of the consumer’s sensitive personal information.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The business transfers to a third party the personal information of a consumer as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the business, provided that information is used or shared consistently with this title. If a third party materially alters how it uses or shares the personal information of a consumer in a manner that is materially inconsistent with the promises made at the time of collection, it shall provide prior notice of the new or changed practice to the consumer. The notice shall be sufficiently prominent and robust to ensure that existing consumers can easily exercise their choices consistently with this title. This subparagraph does not authorize a business to make material, retroactive privacy policy changes or make other changes in their privacy
policy in a manner that would violate the Unfair and Deceptive Practices Act (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code).
</html:p>
<html:p>
(ai)
<html:span class="EnSpace"/>
“Third party” means a person who is not any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The business with whom the consumer intentionally interacts and that collects personal information from the consumer as part of the consumer’s current interaction with the business under this title.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A service provider to the business.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A contractor.
</html:p>
<html:p>
(aj)
<html:span class="EnSpace"/>
“Unique identifier” or “unique personal identifier” means a persistent identifier that can be used to recognize a consumer, a family, or a device that is linked to a consumer or
family, over time and across different services, including, but not limited to, a device identifier; an Internet Protocol address; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device that is linked to a consumer or family. For purposes of this subdivision, “family” means a custodial parent or guardian and any children under 18 years of age over which the parent or guardian has custody.
</html:p>
<html:p>
(ak)
<html:span class="EnSpace"/>
“Verifiable consumer request” means a request that is made by a consumer, by a consumer on behalf of the consumer’s minor child, by a natural person or a person registered with the Secretary of State, authorized by the consumer to act on the consumer’s behalf, or by a person who has power of attorney or is acting as a conservator for the consumer,
and that the business can verify, using commercially reasonable methods, pursuant to regulations adopted by the Attorney General pursuant to paragraph (6) of subdivision (a) of Section 1798.185 to be the consumer about whom the business has collected personal information. A business is not obligated to provide information to the consumer pursuant to Sections 1798.110 and 1798.115, to delete personal information pursuant to Section 1798.105, or to correct inaccurate personal information pursuant to Section 1798.106, if the business cannot verify, pursuant to this subdivision and regulations adopted by the Attorney General pursuant to paragraph (6) of subdivision (a) of Section 1798.185, that the consumer making the request is the consumer about whom the business has collected information or is a person authorized by the consumer to act on such consumer’s behalf.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_0A3B8838-9AA4-49AB-B169-553486D9ADF1">
<ns0:Num>SEC. 28.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" 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'1.81.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1798.185.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1798.185 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E04F90BE-B5D7-4505-A3DA-680E86F766D0">
<ns0:Num>1798.185.</ns0:Num>
<ns0:LawSectionVersion id="id_9A9E2AC8-A4AB-4E3A-926E-46F7F0024318">
<ns0:Content>
<html:p>Regulations</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
On or before July 1, 2020, the Attorney General shall solicit broad public participation and adopt regulations to further the purposes of this title, including, but not limited to, the following areas:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Updating or adding categories of personal information to those enumerated in subdivision (c) of Section 1798.130 and subdivision (v) of Section 1798.140, and updating or adding categories of sensitive personal information to those enumerated in subdivision (ae) of Section 1798.140 in order to address changes in technology, data collection practices, obstacles to implementation, and privacy concerns.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Updating as needed the definitions
of “deidentified” and “unique identifier” to address changes in technology, data collection, obstacles to implementation, and privacy concerns, and adding, modifying, or deleting categories to the definition of designated methods for submitting requests to facilitate a consumer’s ability to obtain information from a business pursuant to Section 1798.130. The authority to update the definition of “deidentified” shall not apply to deidentification standards set forth in Section 164.514 of Title 45 of the Code of Federal Regulations, where such information previously was “protected health information” as defined in Section 160.103 of Title 45 of the Code of Federal Regulations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Establishing any exceptions necessary to comply with state or federal law, including, but not limited to, those relating to trade secrets and intellectual property rights, within one year of passage of this title and as needed thereafter, with the intention that trade
secrets should not be disclosed in response to a verifiable consumer request.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Establishing rules and procedures for the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
To facilitate and govern the submission of a request by a consumer to opt out of the sale or sharing of personal information pursuant to Section 1798.120 and to limit the use of a consumer’s sensitive personal information pursuant to Section 1798.121 to ensure that consumers have the ability to exercise their choices without undue burden and to prevent business from engaging in deceptive or harassing conduct, including in retaliation against consumers for exercising their rights, while allowing businesses to inform consumers of the consequences of their decision to opt out of the sale or sharing of their personal information or to limit the use of their sensitive personal information.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
To govern business compliance with a consumer’s opt-out request.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For the development and use of a recognizable and uniform opt-out logo or button by all businesses to promote consumer awareness of the opportunity to opt out of the sale of personal information.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Establishing rules, procedures, and any exceptions necessary to ensure that the notices and information that businesses are required to provide pursuant to this title are provided in a manner that may be easily understood by the average consumer, are accessible to consumers with disabilities, and are available in the language primarily used to interact with the consumer, including establishing rules and guidelines regarding financial incentives within one year of passage of this title and as needed thereafter.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Establishing rules and
procedures to further the purposes of Sections 1798.105, 1798.106, 1798.110, and 1798.115 and to facilitate a consumer’s or the consumer’s authorized agent’s ability to delete personal information, correct inaccurate personal information pursuant to Section 1798.106, or obtain information pursuant to Section 1798.130, with the goal of minimizing the administrative burden on consumers, taking into account available technology, security concerns, and the burden on the business, to govern a business’ determination that a request for information received from a consumer is a verifiable consumer request, including treating a request submitted through a password-protected account maintained by the consumer with the business while the consumer is logged into the account as a verifiable consumer request and providing a mechanism for a consumer who does not maintain an account with the business to request information through the business’ authentication of the consumer’s identity, within one year of passage of this
title and as needed thereafter.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Establishing how often, and under what circumstances, a consumer may request a correction pursuant to Section 1798.106, including standards governing the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
How a business responds to a request for correction, including exceptions for requests to which a response is impossible or would involve disproportionate effort, and requests for correction of accurate information.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
How concerns regarding the accuracy of the information may be resolved.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The steps a business may take to prevent fraud.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If a business rejects a request to correct personal information collected and analyzed concerning a consumer’s health, the right of a consumer to
provide a written addendum to the business with respect to any item or statement regarding any such personal information that the consumer believes to be incomplete or incorrect. The addendum shall be limited to 250 words per alleged incomplete or incorrect item and shall clearly indicate in writing that the consumer requests the addendum to be made a part of the consumer’s record.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Establishing the standard to govern a business’ determination, pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 1798.130, that providing information beyond the 12-month period in a response to a verifiable consumer request is impossible or would involve a disproportionate effort.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Issuing regulations further defining and adding to the business purposes, including other notified purposes, for which businesses, service providers, and contractors may use consumers’
personal information consistent with consumers’ expectations, and further defining the business purposes for which service providers and contractors may combine consumers’ personal information obtained from different sources, except as provided for in paragraph (6) of subdivision (e) of Section 1798.140.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Issuing regulations identifying those business purposes, including other notified purposes, for which service providers and contractors may use consumers’ personal information received pursuant to a written contract with a business, for the service provider or contractor’s own business purposes, with the goal of maximizing consumer privacy.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Issuing regulations to further define “intentionally interacts,” with the goal of maximizing consumer privacy.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Issuing regulations to further define “precise
geolocation,” including if the size defined is not sufficient to protect consumer privacy in sparsely populated areas or when the personal information is used for normal operational purposes, including billing.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Issuing regulations to define the term “specific pieces of information obtained from the consumer” with the goal of maximizing a consumer’s right to access relevant personal information while minimizing the delivery of information to a consumer that would not be useful to the consumer, including system log information and other technical data. For delivery of the most sensitive personal information, the regulations may require a higher standard of authentication provided that the agency shall monitor the impact of the higher standard on the right of consumers to obtain their personal information to ensure that the requirements of verification do not result in the unreasonable denial of verifiable consumer requests.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Issuing regulations requiring businesses whose processing of consumers’ personal information presents significant risk to consumers’ privacy or security, to:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Perform a cybersecurity audit on an annual basis, including defining the scope of the audit and establishing a process to ensure that audits are thorough and independent. The factors to be considered in determining when processing may result in significant risk to the security of personal information shall include the size and complexity of the business and the nature and scope of processing activities.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Submit to the California Privacy Protection Agency on a regular basis a risk assessment with respect to their processing of personal information, including whether the processing involves sensitive personal information, and identifying and weighing the
benefits resulting from the processing to the business, the consumer, other stakeholders, and the public, against the potential risks to the rights of the consumer associated with that processing, with the goal of restricting or prohibiting the processing if the risks to privacy of the consumer outweigh the benefits resulting from processing to the consumer, the business, other stakeholders, and the public. Nothing in this section shall require a business to divulge trade secrets.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Issuing regulations governing access and opt-out rights with respect to a business’ use of automated decisionmaking technology, including profiling and requiring a business’ response to access requests to include meaningful information about the logic involved in those decisionmaking processes, as well as a description of the likely outcome of the process with respect to the consumer.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
Issuing
regulations to further define a “law enforcement agency-approved investigation” for purposes of the exception in subparagraph (B) of paragraph (1) of subdivision (a) of Section 1798.145.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
Issuing regulations to define the scope and process for the exercise of the agency’s audit authority, to establish criteria for selection of persons to audit, and to protect consumers’ personal information from disclosure to an auditor in the absence of a court order, warrant, or subpoena.
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Issuing regulations to define the requirements and technical specifications for an opt-out preference signal sent by a platform, technology, or mechanism, to indicate a consumer’s intent to opt out of the sale or sharing of the consumer’s personal information and to limit the use or disclosure of the consumer’s sensitive personal information. The requirements and
specifications for the opt-out preference signal should be updated from time to time to reflect the means by which consumers interact with businesses, and should:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Ensure that the manufacturer of a platform or browser or device that sends the opt-out preference signal cannot unfairly disadvantage another business.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Ensure that the opt-out preference signal is consumer-friendly, clearly described, and easy to use by an average consumer and does not require that the consumer provide additional information beyond what is necessary.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Clearly represent a consumer’s intent and be free of defaults constraining or presupposing that intent.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Ensure that the opt-out preference signal does not conflict with other commonly used privacy settings or
tools that consumers may employ.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Provide a mechanism for the consumer to selectively consent to a business’ sale of the consumer’s personal information, or the use or disclosure of the consumer’s sensitive personal information, without affecting the consumer’s preferences with respect to other businesses or disabling the opt-out preference signal globally.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
State that in the case of a page or setting view that the consumer accesses to set the opt-out preference signal, the consumer should see up to three choices, including:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Global opt out from sale and sharing of personal information, including a direction to limit the use of sensitive personal information.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Choice to “Limit the Use of My Sensitive Personal Information.”
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Choice titled “Do Not Sell/Do Not Share My Personal Information for Cross-Context Behavioral Advertising.”
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Issuing regulations to establish technical specifications for an opt-out preference signal that allows the consumer, or the consumer’s parent or guardian, to specify that the consumer is less than 13 years of age or at least 13 years of age and less than 16 years of age.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Issuing regulations, with the goal of strengthening consumer privacy while considering the legitimate operational interests of businesses, to govern the use or disclosure of a consumer’s sensitive personal information, notwithstanding the consumer’s direction to limit the use or disclosure of the consumer’s sensitive personal information, including:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Determining any
additional purposes for which a business may use or disclose a consumer’s sensitive personal information.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Determining the scope of activities permitted under paragraph (8) of subdivision (e) of Section 1798.140, as authorized by subdivision (a) of Section 1798.121, to ensure that the activities do not involve health-related research.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Ensuring the functionality of the business’ operations.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Ensuring that the exemption in subdivision (d) of Section 1798.121 for sensitive personal information applies to information that is collected or processed incidentally, or without the purpose of inferring characteristics about a consumer, while ensuring that businesses do not use the exemption for the purpose of evading consumers’ rights to limit the use and disclosure of their sensitive personal information under
Section 1798.121.
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
Issuing regulations to govern how a business that has elected to comply with subdivision (b) of Section 1798.135 responds to the opt-out preference signal and provides consumers with the opportunity subsequently to consent to the sale or sharing of their personal information or the use and disclosure of their sensitive personal information for purposes in addition to those authorized by subdivision (a) of Section 1798.121. The regulations should:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Strive to promote competition and consumer choice and be technology neutral.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Ensure that the business does not respond to an opt-out preference signal by:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Intentionally degrading the functionality of the consumer experience.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Charging the consumer a fee in response to the consumer’s opt-out preferences.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Making any products or services not function properly or fully for the consumer, as compared to consumers who do not use the opt-out preference signal.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Attempting to coerce the consumer to opt in to the sale or sharing of the consumer’s personal information, or the use or disclosure of the consumer’s sensitive personal information, by stating or implying that the use of the opt-out preference signal will adversely affect the consumer as compared to consumers who do not use the opt-out preference signal, including stating or implying that the consumer will not be able to use the business’ products or services or that those products or services may not function properly or fully.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Displaying any notification or
popup in response to the consumer’s opt-out preference signal.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Ensure that any link to a web page or its supporting content that allows the consumer to consent to opt in:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Is not part of a popup, notice, banner, or other intrusive design that obscures any part of the web page the consumer intended to visit from full view or that interferes with or impedes in any way the consumer’s experience visiting or browsing the web page or internet website the consumer intended to visit.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Does not require or imply that the consumer must click the link to receive full functionality of any products or services, including the internet website.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Does not make use of any dark patterns.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Applies only to the business with which the consumer intends to interact.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Strive to curb coercive or deceptive practices in response to an opt-out preference signal but should not unduly restrict businesses that are trying in good faith to comply with Section 1798.135.
</html:p>
<html:p>
(20)
<html:span class="EnSpace"/>
Review existing Insurance Code provisions and regulations relating to consumer privacy, except those relating to insurance rates or pricing, to determine whether any provisions of the Insurance Code provide greater protection to consumers than the provisions of this title. Upon completing its review, the agency shall adopt a regulation that applies only the more protective provisions of this title to insurance companies. For the purpose of clarity, the Insurance Commissioner shall have jurisdiction over insurance rates and pricing.
</html:p>
<html:p>
(21)
<html:span class="EnSpace"/>
Harmonizing the regulations governing opt-out mechanisms, notices to consumers, and other operational mechanisms in this title to promote clarity and the functionality of this title for consumers.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Attorney General may adopt additional regulations as necessary to further the purposes of this title.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Attorney General shall not bring an enforcement action under this title until six months after the publication of the final regulations issued pursuant to this section or July 1, 2020, whichever is sooner.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), the timeline for adopting final regulations required by the act adding this subdivision shall be July 1, 2022. Beginning the later of July 1, 2021, or six months after the agency provides notice to the Attorney General that it is prepared to begin
rulemaking under this title, the authority assigned to the Attorney General to adopt regulations under this section shall be exercised by the California Privacy Protection Agency. Notwithstanding any other law, civil and administrative enforcement of the provisions of law added or amended by this act shall not commence until July 1, 2023, and shall only apply to violations occurring on or after that date. Enforcement of provisions of law contained in the California Consumer Privacy Act of 2018 amended by this act shall remain in effect and shall be enforceable until the same provisions of this act become enforceable.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_68C81416-BE02-4AE5-900F-1F4DEB3E26CF">
<ns0:Num>SEC. 29.</ns0:Num>
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Section 1950.6 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_ACC69CDC-0221-4F54-91BD-811B04531BEE">
<ns0:Num>1950.6.</ns0:Num>
<ns0:LawSectionVersion id="id_25ACFFB1-7969-4BAF-B827-8183DBDF02AB">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding Section 1950.5, when a landlord or their agent receives a request to rent a residential property from an applicant, the landlord or their agent may charge, pursuant to subdivision (c), that applicant an application screening fee to cover the costs of obtaining information about the applicant. The information requested and obtained by the landlord or their agent may include, but is not limited to, personal reference checks and consumer credit reports produced by consumer credit reporting agencies as defined in Section 1785.3. A landlord or their agent may, but is not required to, accept and rely upon a consumer credit report presented by an applicant.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The amount of the application screening fee shall not be greater than the actual
out-of-pocket costs of gathering information concerning the applicant, including, but not limited to, the cost of using a tenant screening service or a consumer credit reporting service, and the reasonable value of time spent by the landlord or their agent in obtaining information on the applicant. In no case shall the amount of the application screening fee charged by the landlord or their agent be greater than thirty dollars ($30) per applicant. The thirty dollar ($30) application screening fee may be adjusted annually by the landlord or their agent commensurate with an increase in the Consumer Price Index, beginning on January 1, 1998.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A landlord or their agent shall not charge an applicant an application screening fee when they know or should have known that no rental unit is available at that time or will be available within a reasonable period of time.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A landlord or their agent may charge an applicant an application screening fee only if the landlord or their agent, at the time the application screening fee is collected, offers any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An application screening process that complies with all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Completed applications are considered, as provided for in the landlord’s established screening criteria, in the order in which the completed applications were received. The landlord’s screening criteria shall be provided to the applicant in writing together with the application form.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The first applicant who meets the landlord’s established screening criteria is approved for tenancy.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Applicants are not
charged an application screening fee unless or until their application is actually considered.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Clause (iii) shall not be considered violated if a landlord or their agent inadvertently collects an application screening fee from an applicant as the result of multiple concurrent application submissions, provided that the landlord or their agent issues a refund of the application screening fee within seven days to any applicant whose application is not considered. The landlord may offer, as an alternative to refunding the screening fee, the option, at the applicant’s discretion, for the screening fee paid by the applicant to be applied to an application for another rental unit offered by the landlord. A landlord or their agent shall not be required to refund an application screening fee to an applicant whose application is denied, after consideration, because the applicant does not meet the landlord’s established screening criteria.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An application screening process in which the landlord or their agent returns the entire screening fee to any applicant who is not selected for tenancy, regardless of the reason, within 7 days of selecting an applicant for tenancy or 30 days of when the application was submitted, whichever occurs first.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The landlord or their agent shall provide, personally, or by mail, the applicant with a receipt for the fee paid by the applicant, which receipt shall itemize the out-of-pocket expenses and time spent by the landlord or their agent to obtain and process the information about the applicant. The landlord or their agent and the applicant may agree to have the landlord provide a copy of the receipt for the fee paid by the applicant to an email account provided by the applicant.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If the landlord or their agent does
not perform a personal reference check or does not obtain a consumer credit report, the landlord or their agent shall return any amount of the screening fee that is not used for the purposes authorized by this section to the applicant.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If an application screening fee has been paid by the applicant, the landlord or their agent shall provide a copy of the consumer credit report to the applicant who is the subject of that report by personal delivery, mail, or email within seven days of the landlord or their agent receiving the report.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Nothing in this section prevents a landlord from accepting a reusable screening report pursuant to Section 1950.1.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
As used in this section, “landlord” means an owner of residential rental property.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
As used in
this section, “application screening fee” means any nonrefundable payment of money charged by a landlord or their agent to an applicant, the purpose of which is to purchase a consumer credit report and to validate, review, or otherwise process an application for the rent or lease of residential rental property.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
As used in this section, “applicant” means any entity or individual who makes a request to a landlord or their agent to rent a residential housing unit, or an entity or individual who agrees to act as a guarantor or cosignor on a rental agreement.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The application screening fee shall not be considered an “advance fee” as that term is used in Section 10026 of the Business and Professions Code, and shall not be considered “security” as that term is used in Section 1950.5.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
This section is not intended
to preempt any provisions or regulations that govern the collection of deposits and fees under federal or state housing assistance programs.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_46866BD4-4100-43A2-A967-5D2E55495452">
<ns0:Num>SEC. 30.</ns0:Num>
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Section 1954.09 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C0CB9930-F74A-47CB-8040-896E784775D1">
<ns0:Num>1954.09.</ns0:Num>
<ns0:LawSectionVersion id="id_C59F53A1-560E-4962-BF17-4601750A51E0">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1) of subdivision (b) of Section 1954.091, shelter program participants shall not have their continued occupancy in a motel, hotel, or shelter program constitute a new tenancy and shall not be considered persons who hire pursuant to Section 1940 for the purposes of Section 1161 of the Code of Civil Procedure, if the shelter program meets all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The shelter program adheres to the core components of Housing First, pursuant to subdivision (b) of Section 8255 of the Welfare and Institutions Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The shelter program establishes, adopts, and clearly documents rules governing how and for what reasons a shelter program participant’s
enrollment may be terminated and the shelter program operator discloses the termination policy to program participants in writing, in plain language, at the commencement of their occupancy.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Permissible reasons for termination shall include sexual assault, verbally or physically threatening behaviors that rise to the level of a “direct threat” to persons or property as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2 of the California Code of Regulations, physical violence to staff, hotel guests, or other program participants, direct observation of participant engaging in illegal activity onsite, or time limits established by the shelter program.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Terminations for reasons not stated in subparagraph (A) and any operational policies negotiated prior to the commencement of the shelter program shall be approved by the shelter program administrator and
shared with their shelter program participants in a clearly labeled document.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The shelter program administrator shall endeavor to ensure terminations are performed by the shelter program operator in a trauma-informed manner utilizing a harm-reduction approach, and shall ensure that the termination policies and procedures of the hotel, motel, and shelter program, including the required grievance procedure, comply with all applicable disability laws, including requirements for reasonable accommodation.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The shelter program operator is exempt from providing a 30-day notice pursuant to subparagraph (A) of paragraph (3) if the shelter program participant has self-exited from the program.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
If a shelter program participant will exit from the program due to time limits and the participant’s stay is extended for a
period of less than 30 days beyond the original termination date, the shelter program administrator or shelter program operator may issue an amended termination notice with an additional period of time equal to the number of days of the program extension.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The shelter program administrator establishes procedures regarding how a shelter program participant will be provided a written termination notice if a termination occurs and the shelter program operator discloses those procedures to shelter program participants in writing at the commencement of their occupancy.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The shelter program operator shall provide the termination notice to the participant at least 30 days prior to the proposed termination or, if the underlying cause for a proposed termination constitutes a “direct threat,” as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2 of the Code of
California Regulations, the shelter program operator may remove the participant from the premises immediately, provided that the operator advises the participant of their right to utilize the grievance process described in paragraph (5).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The termination notice shall contain a clear, plain-language statement of the reason for the termination, shall notify the participant of their right to request a reasonable accommodation if they are a qualified person with a disability, and shall notify the participant of their right to utilize the grievance process described in paragraph (5).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The established procedures developed regarding participant guideline violations shall include an escalation continuum that incorporates documented warnings and documented shelter program operator staff and participant problem solving methods prior to instituting terminations from the shelter
program.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The shelter program operator shall provide an exit plan upon termination of a shelter program participant that includes referrals to any available local shelter service for which the participant is eligible and the shelter program operator shall make a good faith, reasonable effort to facilitate an intake for that participant in an available bed or unit.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The shelter program operator shall document good faith, reasonable efforts and shall make that documentation available upon request.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The shelter program administrator, in cases where the grievance process is utilized, shall determine whether the shelter program operator’s efforts constitute a good faith effort to facilitate a participant into an alternative available shelter site or program.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The shelter program administrator shall make good faith efforts to provide reasonable transportation accommodations upon termination of a shelter program participant from a program or upon transfer of a shelter program participant to an alternative available bed or unit.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
In exigent circumstances that necessitate the presence of first responders, police, or fire department and render it infeasible to provide a termination letter at that time or coordinate a postexit plan, the shelter program operator shall create a termination letter that satisfies the above-described requirements and make that documentation available to participants within 24 hours of their request.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The shelter program administrator shall establish a grievance process that complies with due process and the shelter program operator shall disclose the grievance
process to occupants in writing, in plain language, at the commencement of their occupancy.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The grievance process shall give shelter program participants a right to due process appeal through the shelter program administrator if the shelter program participant believes they were or are being wrongfully terminated from the program, and shall inform shelter program participants on how to access and initiate the grievance process.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Program participants shall be provided the opportunity to initiate the grievance process 30 days prior to their proposed termination date or at any point thereafter.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
In cases where participants are subject to immediate removal based on circumstances that present a “direct threat,” as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2
of the California Code of Regulations, participants shall be provided the opportunity to initiate the grievance process at the time of removal or at any point thereafter.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If, following the grievance process, the proposed termination is not carried out, any participant already removed shall be granted the right to resume their participation in the program. If the shelter program operator is unable to place the individual in the original site, the shelter program operator shall facilitate a placement for the individual in an alternative available motel, hotel, or shelter site.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Where a shelter program administrator is also the shelter program operator, the shelter program administrator is responsible for all of the duties described in subdivision (a).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For properties that are being converted from use as a
motel or hotel, or from use as a shelter, interim housing, emergency shelter, or other interim facility to a permanent housing site, paragraph (2) shall not apply to occupants of the site from the date that the site receives a certificate of occupancy as a permanent housing site.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_53F98FDA-1414-4090-BACF-93D396E32C1E">
<ns0:Num>SEC. 31.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" 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'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.'%5D)" ns3:label="fractionType: LAW_HEADING||commencingWith: 2213">
The heading of Chapter 6 (commencing with Section 2213) of Title 7 of Part 4 of Division 3 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawHeading id="id_48C9C5B4-37BA-46AA-B387-775A359371A4" type="CHAPTER">
<ns0:Num>6.</ns0:Num>
<ns0:LawHeadingVersion id="id_7117E290-6582-4C54-964E-5C19C10035F5">
<ns0:LawHeadingText>Carrier of Passengers Act of 2024</ns0:LawHeadingText>
</ns0:LawHeadingVersion>
</ns0:LawHeading>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_77452304-7BFC-4D00-8DED-64743E46ACB1">
<ns0:Num>SEC. 32.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" 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'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'2214.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 2214 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_7E4D9154-5F18-4850-BC19-A1D0179E148D">
<ns0:Num>2214.</ns0:Num>
<ns0:LawSectionVersion id="id_2F263100-5B76-4FA9-989D-A8FCC4873560">
<ns0:Content>
<html:p>For purposes of this chapter, the following definitions apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Carrier of passengers” means a motor carrier, passenger carrier, or charter-party carrier of passengers that operates a motor vehicle, on a commercial or for-hire basis, and engages in the embarkation and disembarkation of passengers.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Charter-party carrier of passengers” has the same meaning as used in Section 5360 of the Public Utilities Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Disembarkation” means the physical discharge of passengers from a transportation service provided by a carrier of passengers at a geographic location within California.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Embarkation” means the physical commencement of a transportation service provided by a carrier of passengers.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Motor vehicle” has the same meaning as used in Section 5359 of the Public Utilities Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_8D946CF0-440C-40D2-B4A4-77BDCC3018E6">
<ns0:Num>SEC. 33.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" 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'14.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'2924f.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as amended by Stats. 2023, Ch. 131, Sec. 14) by Stats. 2024, Ch. 311, Sec. 3. [id_ff0b4131-a867-11ef-a579-af09e4d01935]">
Section 2924f of the
<ns0:DocName>Civil Code</ns0:DocName>
, as amended by Section 3 of Chapter 311 of the Statutes of 2024, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_6220D058-DDB6-4933-9365-DCFF72B84900">
<ns0:Num>2924f.</ns0:Num>
<ns0:LawSectionVersion id="id_419B7211-B65F-466B-A8EB-6204E7CAEC3F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
As used in this section and Sections 2924g and 2924h, “property” means real property or a leasehold estate therein, and “calendar week” means Monday through Saturday, inclusive.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in subdivision (c), before any sale of property can be made under the power of sale contained in any deed of trust or mortgage, or any resale resulting from a rescission for a failure of consideration pursuant to subdivision (c) of Section 2924h, notice of the sale thereof shall be given by posting a written notice of the time of sale and of the street address and the specific place at the street address where the sale will be held, and describing the property to be sold, at least 20 days before the date of sale in one public place in the
city where the property is to be sold, if the property is to be sold in a city, or, if not, then in one public place in the county seat of the county where the property is to be sold, and publishing a copy once a week for three consecutive calendar weeks.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The first publication to be at least 20 days before the date of sale, in a newspaper of general circulation published in the public notice district in which the property or some part thereof is situated, or in case no newspaper of general circulation is published in the public notice district, in a newspaper of general circulation published in the county in which the property or some part thereof is situated, or in case no newspaper of general circulation is published in the public notice district or county, as the case may be, in a newspaper of general circulation published in the county in this state that is contiguous to the county in which the property or some part thereof is situated
and has, by comparison with all similarly contiguous counties, the highest population based upon total county population as determined by the most recent federal decennial census published by the Bureau of the Census. For the purposes of this section, publication of notice in a public notice district is governed by Chapter 1.1 (commencing with Section 6080) of Division 7 of Title 1 of the Government Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A copy of the notice of sale shall also be posted in a conspicuous place on the property to be sold at least 20 days before the date of sale, where possible and where not restricted for any reason. If the property is a single-family residence the posting shall be on a door of the residence, but, if not possible or restricted, then the notice shall be posted in a conspicuous place on the property; however, if access is denied because a common entrance to the property is restricted by a guard gate or similar impediment, the property may be
posted at that guard gate or similar impediment to any development community.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The notice of sale shall conform to the minimum requirements of Section 6043 of the Government Code and be recorded with the county recorder of the county in which the property or some part thereof is situated at least 20 days prior to the date of sale.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The notice of sale shall contain the name, street address in this state, which may reflect an agent of the trustee, and either a toll-free telephone number or telephone number in this state of the trustee, and the name of the original trustor, and also shall contain the statement required by paragraph (3) of subdivision (c). In addition to any other description of the property, the notice shall describe the property by giving its street address, if any, or other common designation, if any, and a county assessor’s parcel number; but if the property
has no street address or other common designation, the notice shall contain a legal description of the property, the name and address of the beneficiary at whose request the sale is to be conducted, and a statement that directions may be obtained pursuant to a written request submitted to the beneficiary within 10 days from the first publication of the notice. Directions shall be deemed reasonably sufficient to locate the property if information as to the location of the property is given by reference to the direction and approximate distance from the nearest crossroads, frontage road, or access road. If a legal description or a county assessor’s parcel number and either a street address or another common designation of the property is given, the validity of the notice and the validity of the sale shall not be affected by the fact that the street address, other common designation, name and address of the beneficiary, or the directions obtained therefrom are erroneous or that the street address, other common
designation, name and address of the beneficiary, or directions obtained therefrom are omitted.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The term “newspaper of general circulation,” as used in this section, has the same meaning as defined in Article 1 (commencing with Section 6000) of Chapter 1 of Division 7 of Title 1 of the Government Code.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The notice of sale shall contain a statement of the total amount of the unpaid balance of the obligation secured by the property to be sold and reasonably estimated costs, expenses, advances at the time of the initial publication of the notice of sale, and, if republished pursuant to a cancellation of a cash equivalent pursuant to subdivision (d) of Section 2924h, a reference of that fact; provided, that the trustee shall incur no liability for any good faith error in stating the proper amount, including any amount provided in good faith by or on behalf of the beneficiary.
An inaccurate statement of this amount shall not affect the validity of any sale to a bona fide purchaser for value, nor shall the failure to post the notice of sale on a door as provided by this subdivision affect the validity of any sale to a bona fide purchaser for value.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
On and after April 1, 2012, if the deed of trust or mortgage containing a power of sale is secured by real property containing from one to four single-family residences, the notice of sale shall contain substantially the following language, in addition to the language required pursuant to paragraphs (1) to (7), inclusive:
</html:p>
<html:br/>
<html:p>NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the
highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property.</html:p>
<html:br/>
<html:p>NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a
court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call [telephone number for information regarding the trustee’s sale] or visit this internet website [internet website address for information regarding the sale of this property], using the file number assigned to this case [case file number]. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the internet website. The best way to verify postponement information is to attend the scheduled sale.</html:p>
<html:br/>
<html:p>NOTICE TO TENANT: You may have a
right to purchase this property after the trustee auction pursuant to Section 2924m of the California Civil Code. If you are an “eligible tenant buyer,” you can purchase the property if you match the last and highest bid placed at the trustee auction. If you are an “eligible bidder,” you may be able to purchase the property if you exceed the last and highest bid placed at the trustee auction. There are three steps to exercising this right of purchase. First, 48 hours after the date of the trustee sale, you can call [telephone number for information regarding the trustee’s sale], or visit this internet website [internet website address for information regarding the sale of this property], using the file number assigned to this case [case file number] to find the date on which the trustee’s sale was held, the amount of the last and highest bid, and the address of the trustee. Second, you must send a written notice of intent to place a bid so that the trustee receives it no more than 15 days after the trustee’s
sale. Third, you must submit a bid so that the trustee receives it no more than 45 days after the trustee’s sale. If you think you may qualify as an “eligible tenant buyer” or “eligible bidder,” you should consider contacting an attorney or appropriate real estate professional immediately for advice regarding this potential right to purchase.</html:p>
<html:br/>
<html:p>
(B)
<html:span class="EnSpace"/>
A mortgagee, beneficiary, trustee, or authorized agent shall make a good faith effort to provide up-to-date information regarding sale dates and postponements to persons who wish this information. This information shall be made available free of charge. It may be made available via an internet website, a telephone recording that is accessible 24 hours a day, seven days a week, or through any other means that allows 24 hours a day, seven days a week, no-cost access to updated information. A disruption of any of these methods of providing sale date and
postponement information to allow for reasonable maintenance or due to a service outage shall not be deemed to be a violation of the good faith standard.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Except as provided in subparagraph (B), nothing in the wording of the notices required by subparagraph (A) is intended to modify or create any substantive rights or obligations for any person providing, or specified in, either of the required notices. Failure to comply with subparagraph (A) or (B) shall not invalidate any sale that would otherwise be valid under this section.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Information provided pursuant to subparagraph (A) does not constitute the public declaration required by subdivision (d) of Section 2924g.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
For purposes of a property subject to this paragraph and of satisfying the requirements of Section 2924m, a trustee or an authorized agent shall
maintain an internet website and a telephone number to provide information on applicable properties to persons who wish the information. In addition to any other information required by subparagraph (B), a trustee or an authorized agent shall provide information regarding the sale date, amount of the last and highest bid, and the trustee’s address, to be accessible using the file number assigned to the case and listed on the NOTICE TO TENANT required by subparagraph (A). This information shall be made available free of charge and shall be available 24 hours a day, seven days a week.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
If the sale of the property is to be a unified sale as provided in subparagraph (B) of paragraph (1) of subdivision (a) of Section 9604 of the Commercial Code, the notice of sale shall also contain a description of the personal property or fixtures to be sold. In the case where it is contemplated that all of the personal property or fixtures are to be sold, the
description in the notice of the personal property or fixtures shall be sufficient if it is the same as the description of the personal property or fixtures contained in the agreement creating the security interest in or encumbrance on the personal property or fixtures or the filed financing statement relating to the personal property or fixtures. In all other cases, the description in the notice shall be sufficient if it would be a sufficient description of the personal property or fixtures under Section 9108 of the Commercial Code. Inclusion of a reference to or a description of personal property or fixtures in a notice of sale hereunder shall not constitute an election by the secured party to conduct a unified sale pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 9604 of the Commercial Code, shall not obligate the secured party to conduct a unified sale pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 9604 of the Commercial Code, and in no way shall
render defective or noncomplying either that notice or a sale pursuant to that notice by reason of the fact that the sale includes none or less than all of the personal property or fixtures referred to or described in the notice. This paragraph shall not otherwise affect the obligations or duties of a secured party under the Commercial Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This subdivision applies only to deeds of trust or mortgages which contain a power of sale and which are secured by real property containing a single-family, owner-occupied residence, where the obligation secured by the deed of trust or mortgage is contained in a contract for goods or services subject to the provisions of the Unruh Act (Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except as otherwise expressly set forth in this subdivision, all other provisions of law relating
to the exercise of a power of sale shall govern the exercise of a power of sale contained in a deed of trust or mortgage described in paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If any default of the obligation secured by a deed of trust or mortgage described in paragraph (1) has not been cured within 30 days after the recordation of the notice of default, the trustee or mortgagee shall mail to the trustor or mortgagor, at their last known address, a copy of the following statement:
</html:p>
<html:table class="convertedTable" id="id_1180769F-5F42-409C-A203-400D794EB668">
<html:colgroup>
<html:col width="412.0"/>
</html:colgroup>
<html:tbody>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">YOU ARE IN DEFAULT UNDER A</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="UnderlinedLeaders"/>
,
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:th>
<html:p class="Center10Point" style="font-size:10pt; text-align:center; text-indent:0pt;">(Deed of trust or mortgage)</html:p>
</html:th>
</html:tr>
<html:tr>
<html:td>
<html:p class="Justify10Point" style="font-size:10pt; text-align:justify; hyphenation: yes;">
DATED
<html:span class="EnSpace"/>
____. UNLESS YOU TAKE ACTION TO PROTECT
<html:br/>
YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE.
<html:br/>
IF YOU NEED AN EXPLANATION OF THE NATURE OF THE
<html:br/>
PROCEEDING AGAINST YOU, YOU SHOULD CONTACT
<html:br/>
A LAWYER.
</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(4)
<html:span class="EnSpace"/>
All sales of real property pursuant to a power of sale contained in any deed of trust or mortgage described in paragraph (1) shall be held in the county where the residence is located and shall be made to the person making the highest offer. The trustee may receive offers during the 10-day period immediately prior to the date of sale and if any offer is accepted in writing by both the trustor or mortgagor and the beneficiary or mortgagee prior to the time set for
sale, the sale shall be postponed to a date certain and prior to which the property may be conveyed by the trustor to the person making the offer according to its terms. The offer is revocable until accepted. The performance of the offer, following acceptance, according to its terms, by a conveyance of the property to the offeror, shall operate to terminate any further proceeding under the notice of sale and it shall be deemed revoked.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
In addition to the trustee fee pursuant to Section 2924c, the trustee or mortgagee pursuant to a deed of trust or mortgage subject to this subdivision shall be entitled to charge an additional fee of fifty dollars ($50).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
This subdivision applies only to property on which notices of default were filed on or after the effective date of this subdivision.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
With respect to
residential real property containing no more than four dwelling units, a separate document containing a summary of the notice of sale information in English and the languages described in Section 1632 shall be attached to the notice of sale provided to the mortgagor or trustor pursuant to Section 2923.3.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
With respect to residential real property containing no more than four dwelling units that is subject to a power of sale contained in any deed of trust or mortgage, a sale of the property under the power of sale shall not be conducted until the expiration of an additional 45 days following the scheduled date of sale pursuant to subdivision (a) or (c) of Section 2924g if the trustee receives, at least five business days before the scheduled date of sale, from the mortgagor or trustor, by certified mail with the United States Postal Service or by another overnight mail courier service with tracking information that
confirms the recipient’s signature and the date and time of receipt and delivery, a listing agreement with a California licensed real estate broker to be placed in a publicly available marketing platform for the sale of the property at least five business days before the scheduled date of sale. The provisions of this paragraph shall not be used to postpone the scheduled sale date more than once.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a scheduled date of sale is postponed pursuant to paragraph (1), the trustor’s or mortgagor’s right to reinstate the account shall be extended, calculated pursuant to subdivision (e) of Section 2924c based on the new scheduled date of sale.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a scheduled date of sale has been postponed pursuant to paragraph (1) and the trustee receives, at least five business days before the scheduled date of sale, from the mortgagor or trustor, by certified mail with the United States Postal
Service or by another overnight mail courier service with tracking information that confirms the recipient’s signature and the date and time of receipt and delivery, a copy of a purchase agreement for the sale of the property at least five business days before the scheduled sale, the trustee shall postpone the scheduled date of sale to a date that is at least 45 days after the date on which the purchase agreement was received by the trustee. The provisions of this paragraph shall not be used to postpone the scheduled sale date more than once.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this subdivision, “purchase agreement” means a bona fide and fully executed contract for the sale of the property that is subject to a power of sale with a purchase price amount equal to or greater than the amount of the unpaid balance of all obligations of record secured by the property that includes the name of the buyer, the sales price, the agreed closing date, and acceptance by the
designated escrow agent.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
With respect to residential real property containing no more than four dwelling units that is subject to a power of sale contained in a first lien deed of trust or mortgage, the mortgagee, beneficiary, or authorized agent shall provide to the trustee a fair market value of the property at least 10 days prior to the initially scheduled date of sale, and the trustee shall not sell the property at the initially scheduled date of sale for less than 67 percent of that fair market value of the property. The trustee may rely on the fair market value provided pursuant to this paragraph, and shall not have a duty to verify the source or accuracy of the valuation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the property remains unsold after the initial trustee’s sale pursuant to paragraph (1), then the trustee shall postpone the sale for at least seven days, and the
property may be sold to the highest bidder.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this subdivision, “fair market value of the property” means an estimate of the fair market value of the property made within six months of the initially scheduled date of sale and determined by an opinion of a licensed real estate broker, an appraisal from a licensed appraiser, a value from a commercially utilized automated valuation model, or a value from a computerized property valuation system that is used to derive a real property value.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A failure to comply with the provisions of paragraph (1) shall not affect the validity of a trustee’s sale or a sale to a bona fide purchaser for value.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The provisions of this subdivision shall apply to the initial trustee’s sale for each notice of sale issued pursuant to subdivision (b).
</html:p>
<html:p>
(g)
<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. 34.</ns0:Num>
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Section 2924f of the
<ns0:DocName>Civil Code</ns0:DocName>
, as amended by Section 4 of Chapter 311 of the Statutes of 2024, is amended to read:
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<ns0:Num>2924f.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
As used in this section and Sections 2924g and 2924h, “property” means real property or a leasehold estate therein, and “calendar week” means Monday through Saturday, inclusive.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in subdivision (c), before any sale of property can be made under the power of sale contained in any deed of trust or mortgage, or any resale resulting from a rescission for a failure of consideration pursuant to subdivision (c) of Section 2924h, notice of the sale thereof shall be given by posting a written notice of the time of sale and of the street address and the specific place at the street address where the sale will be held, and describing the property to be sold, at least 20 days before the date of sale in one public place in the
city where the property is to be sold, if the property is to be sold in a city, or, if not, then in one public place in the county seat of the county where the property is to be sold, and publishing a copy once a week for three consecutive calendar weeks.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The first publication to be at least 20 days before the date of sale, in a newspaper of general circulation published in the public notice district in which the property or some part thereof is situated, or in case no newspaper of general circulation is published in the public notice district, in a newspaper of general circulation published in the county in which the property or some part thereof is situated, or in case no newspaper of general circulation is published in the public notice district or county, as the case may be, in a newspaper of general circulation published in the county in this state that is contiguous to the county in which the property or some part thereof is situated
and has, by comparison with all similarly contiguous counties, the highest population based upon total county population as determined by the most recent federal decennial census published by the Bureau of the Census. For the purposes of this section, publication of notice in a public notice district is governed by Chapter 1.1 (commencing with Section 6080) of Division 7 of Title 1 of the Government Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A copy of the notice of sale shall also be posted in a conspicuous place on the property to be sold at least 20 days before the date of sale, where possible and where not restricted for any reason. If the property is a single-family residence the posting shall be on a door of the residence, but, if not possible or restricted, then the notice shall be posted in a conspicuous place on the property; however, if access is denied because a common entrance to the property is restricted by a guard gate or similar impediment, the property may be
posted at that guard gate or similar impediment to any development community.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The notice of sale shall conform to the minimum requirements of Section 6043 of the Government Code and be recorded with the county recorder of the county in which the property or some part thereof is situated at least 20 days prior to the date of sale.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The notice of sale shall contain the name, street address in this state, which may reflect an agent of the trustee, and either a toll-free telephone number or telephone number in this state of the trustee, and the name of the original trustor, and also shall contain the statement required by paragraph (3) of subdivision (c). In addition to any other description of the property, the notice shall describe the property by giving its street address, if any, or other common designation, if any, and a county assessor’s parcel number; but if the property
has no street address or other common designation, the notice shall contain a legal description of the property, the name and address of the beneficiary at whose request the sale is to be conducted, and a statement that directions may be obtained pursuant to a written request submitted to the beneficiary within 10 days from the first publication of the notice. Directions shall be deemed reasonably sufficient to locate the property if information as to the location of the property is given by reference to the direction and approximate distance from the nearest crossroads, frontage road, or access road. If a legal description or a county assessor’s parcel number and either a street address or another common designation of the property is given, the validity of the notice and the validity of the sale shall not be affected by the fact that the street address, other common designation, name and address of the beneficiary, or the directions obtained therefrom are erroneous or that the street address, other common
designation, name and address of the beneficiary, or directions obtained therefrom are omitted.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The term “newspaper of general circulation,” as used in this section, has the same meaning as defined in Article 1 (commencing with Section 6000) of Chapter 1 of Division 7 of Title 1 of the Government Code.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The notice of sale shall contain a statement of the total amount of the unpaid balance of the obligation secured by the property to be sold and reasonably estimated costs, expenses, advances at the time of the initial publication of the notice of sale, and, if republished pursuant to a cancellation of a cash equivalent pursuant to subdivision (d) of Section 2924h, a reference of that fact; provided, that the trustee shall incur no liability for any good faith error in stating the proper amount, including any amount provided in good faith by or on behalf of the beneficiary.
An inaccurate statement of this amount shall not affect the validity of any sale to a bona fide purchaser for value, nor shall the failure to post the notice of sale on a door as provided by this subdivision affect the validity of any sale to a bona fide purchaser for value.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
On and after April 1, 2012, if the deed of trust or mortgage containing a power of sale is secured by real property containing from one to four single-family residences, the notice of sale shall contain substantially the following language, in addition to the language required pursuant to paragraphs (1) to (7), inclusive:
</html:p>
<html:br/>
<html:p>NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the
highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property.</html:p>
<html:br/>
<html:p>NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a
court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call [telephone number for information regarding the trustee’s sale] or visit this internet website [internet website address for information regarding the sale of this property], using the file number assigned to this case [case file number]. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the internet website. The best way to verify postponement information is to attend the scheduled sale.</html:p>
<html:br/>
<html:p>
(B)
<html:span class="EnSpace"/>
A
mortgagee, beneficiary, trustee, or authorized agent shall make a good faith effort to provide up-to-date information regarding sale dates and postponements to persons who wish this information. This information shall be made available free of charge. It may be made available via an internet website, a telephone recording that is accessible 24 hours a day, seven days a week, or through any other means that allows 24 hours a day, seven days a week, no-cost access to updated information. A disruption of any of these methods of providing sale date and postponement information to allow for reasonable maintenance or due to a service outage shall not be deemed to be a violation of the good faith standard.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Except as provided in subparagraph (B), nothing in the wording of the notices required by subparagraph (A) is intended to modify or create any substantive rights or obligations for any person providing, or specified in, either of the required
notices. Failure to comply with subparagraph (A) or (B) shall not invalidate any sale that would otherwise be valid under this section.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Information provided pursuant to subparagraph (A) does not constitute the public declaration required by subdivision (d) of Section 2924g.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
If the sale of the property is to be a unified sale as provided in subparagraph (B) of paragraph (1) of subdivision (a) of Section 9604 of the Commercial Code, the notice of sale shall also contain a description of the personal property or fixtures to be sold. In the case where it is contemplated that all of the personal property or fixtures are to be sold, the description in the notice of the personal property or fixtures shall be sufficient if it is the same as the description of the personal property or fixtures contained in the agreement creating the security interest in or encumbrance on the
personal property or fixtures or the filed financing statement relating to the personal property or fixtures. In all other cases, the description in the notice shall be sufficient if it would be a sufficient description of the personal property or fixtures under Section 9108 of the Commercial Code. Inclusion of a reference to or a description of personal property or fixtures in a notice of sale hereunder shall not constitute an election by the secured party to conduct a unified sale pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 9604 of the Commercial Code, shall not obligate the secured party to conduct a unified sale pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 9604 of the Commercial Code, and in no way shall render defective or noncomplying either that notice or a sale pursuant to that notice by reason of the fact that the sale includes none or less than all of the personal property or fixtures referred to or described in the notice. This
paragraph shall not otherwise affect the obligations or duties of a secured party under the Commercial Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This subdivision applies only to deeds of trust or mortgages which contain a power of sale and which are secured by real property containing a single-family, owner-occupied residence, where the obligation secured by the deed of trust or mortgage is contained in a contract for goods or services subject to the provisions of the Unruh Act (Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except as otherwise expressly set forth in this subdivision, all other provisions of law relating to the exercise of a power of sale shall govern the exercise of a power of sale contained in a deed of trust or mortgage described in paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If any default of
the obligation secured by a deed of trust or mortgage described in paragraph (1) has not been cured within 30 days after the recordation of the notice of default, the trustee or mortgagee shall mail to the trustor or mortgagor, at their last known address, a copy of the following statement:
</html:p>
<html:table class="convertedTable" id="id_EAFAB6AD-71B6-41FF-B867-2DC5ACE189BC">
<html:colgroup>
<html:col width="412.0"/>
</html:colgroup>
<html:tbody>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">YOU ARE IN DEFAULT UNDER A</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="UnderlinedLeaders"/>
,
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:th>
<html:p class="Center10Point" style="font-size:10pt; text-align:center; text-indent:0pt;">(Deed of trust or mortgage)</html:p>
</html:th>
</html:tr>
<html:tr>
<html:td>
<html:p class="Justify10Point" style="font-size:10pt; text-align:justify; hyphenation: yes;">
DATED
<html:span class="EnSpace"/>
____. UNLESS YOU TAKE ACTION TO PROTECT
<html:br/>
YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE.
<html:br/>
IF YOU NEED AN EXPLANATION OF THE NATURE OF THE
<html:br/>
PROCEEDING AGAINST YOU, YOU SHOULD CONTACT
<html:br/>
A LAWYER.
</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(4)
<html:span class="EnSpace"/>
All sales of real property pursuant to a power of sale contained in any deed of trust or mortgage described in paragraph (1) shall be held in the county where the residence is located and shall be made to the person making the highest offer. The trustee may receive offers during the 10-day period immediately prior to the date of sale and if any offer is accepted in writing by both the trustor or mortgagor and the beneficiary or mortgagee prior to the time set for sale, the sale shall be postponed to a date certain and prior to which the property may be conveyed by the trustor to the person making the offer according to its terms. The offer is revocable until accepted. The performance of the offer, following acceptance, according to its terms, by a
conveyance of the property to the offeror, shall operate to terminate any further proceeding under the notice of sale and it shall be deemed revoked.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
In addition to the trustee fee pursuant to Section 2924c, the trustee or mortgagee pursuant to a deed of trust or mortgage subject to this subdivision shall be entitled to charge an additional fee of fifty dollars ($50).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
This subdivision applies only to property on which notices of default were filed on or after the effective date of this subdivision.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
With respect to residential real property containing no more than four dwelling units, a separate document containing a summary of the notice of sale information in English and the languages described in Section 1632 shall be attached to the notice of sale provided to the mortgagor or trustor pursuant to
Section 2923.3.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
With respect to residential real property containing no more than four dwelling units that is subject to a power of sale contained in any deed of trust or mortgage, a sale of the property under the power of sale shall not be conducted until the expiration of an additional 45 days following the scheduled date of sale pursuant to subdivision (a) or (c) of Section 2924g if the trustee receives, at least five business days before the scheduled date of sale, from the mortgagor or trustor, by certified mail with the United States Postal Service or by another overnight mail courier service with tracking information that confirms the recipient’s signature and the date and time of receipt and delivery, a listing agreement with a California licensed real estate broker to be placed in a publicly available marketing platform for the sale of the property at least five business days before the scheduled date of
sale. The provisions of this paragraph shall not be used to postpone the scheduled sale date more than once.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a scheduled date of sale is postponed pursuant to paragraph (1), the trustor’s or mortgagor’s right to reinstate the account shall be extended, calculated pursuant to subdivision (e) of Section 2924c based on the new scheduled date of sale.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a scheduled date of sale has been postponed pursuant to paragraph (1) and the trustee receives, at least five business days before the scheduled date of sale, from the mortgagor or trustor, by certified mail with the United States Postal Service or by another overnight mail courier service with tracking information that confirms the recipient’s signature and the date and time of receipt and delivery, a copy of a purchase agreement for the sale of the property at least five business days before the scheduled sale, the
trustee shall postpone the scheduled date of sale to a date that is at least 45 days after the date on which the purchase agreement was received by the trustee. The provisions of this paragraph shall not be used to postpone the scheduled sale date more than once.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this subdivision, “purchase agreement” means a bona fide and fully executed contract for the sale of the property that is subject to a power of sale with a purchase price amount equal to or greater than the amount of the unpaid balance of all obligations of record secured by the property that includes the name of the buyer, the sales price, the agreed closing date, and acceptance by the designated escrow agent.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
With respect to residential real property containing no more than four dwelling units that is subject to a power of sale contained in a first lien deed of trust or
mortgage, the mortgagee, beneficiary, or authorized agent shall provide to the trustee a fair market value of the property at least 10 days prior to the initially scheduled date of sale, and the trustee shall not sell the property at the initially scheduled date of sale for less than 67 percent of that fair market value of the property. The trustee may rely on the fair market value provided pursuant to this paragraph, and shall not have a duty to verify the source or accuracy of the valuation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the property remains unsold after the initial trustee’s sale pursuant to paragraph (1), then the trustee shall postpone the sale for at least seven days, and the property may be sold to the highest bidder.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this subdivision, “fair market value of the property” means an estimate of the fair market value of the property made within six months of the initially
scheduled date of sale and determined by an opinion of a licensed real estate broker, an appraisal from a licensed appraiser, a value from a commercially utilized automated valuation model, or a value from a computerized property valuation system that is used to derive a real property value.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A failure to comply with the provisions of paragraph (1) shall not affect the validity of a trustee’s sale or a sale to a bona fide purchaser for value.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The provisions of this subdivision shall apply to the initial trustee’s sale for each notice of sale issued pursuant to subdivision (b).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall be operative January 1, 2031.
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<ns0:Num>SEC. 35.</ns0:Num>
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Section 3111 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_7CECA9AE-9FBF-4443-8427-B98CE2A011E1">
<ns0:Num>3111.</ns0:Num>
<ns0:LawSectionVersion id="id_8B9A9C10-F3ED-4D03-A35B-585F024855E9">
<ns0:Content>
<html:p>On or before January 1, 2026, and before each time thereafter that a generative artificial intelligence system or service, or a substantial modification to a generative artificial intelligence system or service, released on or after January 1, 2022, is made publicly available to Californians for use, regardless of whether the terms of that use include compensation, the developer of the system or service shall post on the developer’s internet website documentation regarding the data used by the developer to train the generative artificial intelligence system or service, including, but not limited to, all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
A high-level summary of the datasets used in the development of the generative artificial intelligence system or service, including, but not limited to:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The sources or owners of the datasets.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A description of how the datasets further the intended purpose of the artificial intelligence system or service.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The number of data points included in the datasets, which may be in general ranges, and with estimated figures for dynamic datasets.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A description of the types of data points within the datasets. For purposes of this paragraph, the following definitions apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
As applied to datasets that include labels, “types of data points” means the types of labels used.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
As applied to datasets without labeling, “types of data points” refers to the general
characteristics.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Whether the datasets include any data protected by copyright, trademark, or patent, or whether the datasets are entirely in the public domain.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Whether the datasets were purchased or licensed by the developer.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Whether the datasets include personal information, as defined in subdivision (v) of Section 1798.140.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Whether the datasets include aggregate consumer information, as defined in subdivision (b) of Section 1798.140.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Whether there was any cleaning, processing, or other modification to the datasets by the developer, including the intended purpose of those efforts in relation to the artificial intelligence system or service.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The time period during which the data in the datasets were collected, including a notice if the data collection is ongoing.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The dates the datasets were first used during the development of the artificial intelligence system or service.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Whether the generative artificial intelligence system or service used or continuously uses synthetic data generation in its development. A developer may include a description of the functional need or desired purpose of the synthetic data in relation to the intended purpose of the system or service.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A developer shall not be required to post documentation regarding the data used to train a generative artificial intelligence system or service for any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A generative artificial intelligence system or service whose sole purpose is to help ensure security and integrity. For purposes of this paragraph, “security and integrity” has the same meaning as defined in subdivision (ac) of Section 1798.140, except as applied to any developer or user and not limited to businesses, as defined in subdivision (d) of that section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A generative artificial intelligence system or service whose sole purpose is the operation of aircraft in the national airspace.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A generative artificial intelligence system or service developed for national security, military, or defense purposes that is made available only to a federal entity.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_CE4E9270-FB7C-4DBF-9DD9-9A09790B60F6">
<ns0:Num>SEC. 36.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'3480'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 3480 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_67780A8D-5C9E-47C8-A398-B1017B0CD3C4">
<ns0:Num>3480.</ns0:Num>
<ns0:LawSectionVersion id="id_E39D57D4-173F-40FA-9694-15DBBEACBB2C">
<ns0:Content>
<html:p>A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_CDE85DA2-8723-4C5B-8E8E-2F326E9EFCAB">
<ns0:Num>SEC. 37.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" 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'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'5115.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 5115 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_C4BBD055-9CA4-4523-BE35-62E92BDF17AF">
<ns0:Num>5115.</ns0:Num>
<ns0:LawSectionVersion id="id_3EC8C410-6347-466B-98E6-49EB671BC0ED">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
An association shall provide general notice of the procedure and deadline for submitting a nomination at least 30 days before any deadline for submitting a nomination. Individual notice shall be delivered pursuant to Section 4040 if individual notice is requested by a member. This subdivision shall only apply to elections of directors and to recall elections.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For elections of directors and for recall elections, an association shall provide general notice of all of the following at least 30 days before the ballots are distributed:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the association allows for voting in an election by electronic secret ballot as provided for in Section 5105, the date and time by which electronic secret ballots are to be transmitted to the internet-based voting system and preliminary instructions on how to vote by electronic secret ballot upon commencement of the voting period.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The date, time, and location of the meeting at which a quorum will be determined, if the association’s governing documents require a quorum, and at which ballots will be counted.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The list of all candidates’ names that will appear on the ballot.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Individual notice of the above paragraphs shall be delivered pursuant to Section 4040 if individual notice is requested by a member.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the association’s governing documents require a quorum for an election of directors, a statement that the association may call a reconvened meeting to be held at least 20 days after a scheduled election if the required quorum is not reached, at which time the quorum of the membership to elect directors will be 20 percent of the association’s members, voting in person, by proxy, or by secret ballot.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph shall not apply if the governing documents of the association provide for a quorum lower than 20 percent.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Ballots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member not less than 30 days prior to the deadline for voting, unless an association conducts an election by
electronic secret ballot as provided for in Section 5105, in which case only members who will vote by written secret ballot pursuant to Section 5105 shall be mailed or delivered the ballots and envelopes. In order to preserve confidentiality, a voter may not be identified by name, address, or lot, parcel, or unit number on the ballot. The association shall use as a model those procedures used by California counties for ensuring confidentiality of vote by mail ballots, including both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The ballot itself is not signed by the voter, but is inserted into an envelope that is sealed. This envelope is inserted into a second envelope that is sealed. In the upper left-hand corner of the second envelope, the voter shall sign the voter’s name, indicate the voter’s name, and indicate the address or separate interest identifier that entitles the voter to vote.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The
second envelope is addressed to the inspector or inspectors of elections, who will be tallying the votes. The envelope may be mailed or delivered by hand to a location specified by the inspector or inspectors of elections. The member may request a receipt for delivery.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A quorum shall be required only if so stated in the governing documents or other provisions of law. If a quorum is required by the governing documents, each ballot received by the inspector or inspectors of elections shall be treated as a member present at a meeting for purposes of establishing a quorum.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For an election of directors of an association, and in the absence of meeting a quorum as required by the association’s governing documents or Section 7512 of the Corporations Code, unless a lower quorum for a reconvened meeting is authorized by the association’s governing
documents, the association may adjourn the meeting to a date at least 20 days after the adjourned meeting, at which time the quorum required for purposes of a reconvened meeting to elect directors shall be 20 percent of the association’s members, voting in person, by proxy, or by secret ballot.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
No less than 15 days prior to the date of the reconvened meeting described in paragraph (2), the association shall provide general notice of the reconvened meeting, which shall include:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The date, time, and location of the meeting.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The list of all candidates.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Unless the association’s governing documents provide for a lower quorum, a statement that 20 percent of the association’s members, voting in person, by proxy, or secret ballot will satisfy the
quorum requirements for the election of directors at that reconvened meeting and that the ballots will be counted if a quorum is reached, if the association’s governing documents require a quorum.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
An association shall allow for cumulative voting using the secret ballot procedures provided in this section, if cumulative voting is provided for in the governing documents.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding any contrary provision in the governing documents, except for the meeting to count the votes required in subdivision (a) of Section 5120, an election may be conducted entirely by mail, electronic secret ballot, or a combination of mail and electronic secret ballot, pursuant to Section 5105.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), in an election to approve an amendment of the governing documents, the
text of the proposed amendment shall be delivered to the members with the ballot.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), if an association conducts an election to approve an amendment of governing documents by electronic secret ballot, the association may deliver, by electronic means, the text of the proposed amendment to those members who vote by electronic secret ballot, pursuant to Section 5105. The association shall also deliver a written copy of the text of the proposed amendment to those members upon request and without charge. If a member votes by written secret ballot, pursuant to Section 5105, the association shall deliver a written copy of the text of the proposed amendment to the member with the ballot.
</html:p>
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<ns0:BillSection id="id_DF7BC672-0545-456F-A424-C660CA10B588">
<ns0:Num>SEC. 38.</ns0:Num>
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Section 8 of the
<ns0:DocName>Corporations Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_6D7CA141-D17B-49EF-85E5-3D4099248B1A">
<ns0:Num>8.</ns0:Num>
<ns0:LawSectionVersion id="id_3F6E77D2-B2D6-493B-B047-41309B2E7C99">
<ns0:Content>
<html:p>Writing includes any form of recorded message capable of comprehension by ordinary visual means; and when used to describe communications between a corporation, partnership, or limited liability company and its shareholders, members, partners, directors, or managers, writing shall include electronic transmissions by and to a corporation (Sections 20 and 21), electronic transmissions by and to a partnership (Section 16101), and electronic transmissions by and to a limited liability company (Section 17701.02). Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language.</html:p>
<html:p>Wherever any notice or other communication is required by this code to be mailed by registered mail by or to any person or corporation, the mailing of such notice or
other communication by certified mail shall be deemed to be a sufficient compliance with the requirements of law.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_556AC158-6B55-4B80-A7AD-1C925FEBBAC9">
<ns0:Num>SEC. 39.</ns0:Num>
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Section 5510 of the
<ns0:DocName>Corporations Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_D1763F00-9BEF-40CA-ADAB-1816F95FFA98">
<ns0:Num>5510.</ns0:Num>
<ns0:LawSectionVersion id="id_5FF028B4-E656-4A34-AB45-B77E830E68F4">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Meetings of members may be held at a place within or without this state as may be stated in or fixed in accordance with the bylaws. If no other place is stated or so fixed, meetings of members shall be held at the principal office of the corporation. Subject to any limitations in the articles or the bylaws of the corporation, if authorized by the board of directors in its sole discretion, and subject to those guidelines and procedures as the board of directors may adopt, members not physically present in person (or, if proxies are allowed, by proxy) at a meeting of members may, by electronic transmission by and to the corporation (Sections 20 and 21), electronic video screen communication, conference telephone, or other means of remote communication, participate in a meeting of members, be deemed present in person (or, if
proxies are allowed, by proxy), and vote at a meeting of members, subject to subdivision (f).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A regular meeting of members shall be held on a date, time, and with the frequency stated in or fixed in accordance with the bylaws, but in any event in each year in which directors are to be elected at that meeting for the purpose of conducting such election, and to transact any other proper business which may be brought before the meeting.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If a corporation with members is required by subdivision (b) to hold a regular meeting and fails to hold the regular meeting for a period of 60 days after the date designated therefor or, if no date has been designated, for a period of 15 months after the formation of the corporation, or after its last regular meeting, or if the corporation fails to hold a written ballot for a period of 60 days after the date designated therefor, then the
superior court of the proper county may summarily order the meeting to be held or the ballot to be conducted upon the application of a member or the Attorney General, after notice to the corporation giving it an opportunity to be heard.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The votes represented, either in person (or, if proxies are allowed, by proxy), at a meeting called or by written ballot ordered pursuant to subdivision (c), and entitled to be cast on the business to be transacted shall constitute a quorum, notwithstanding any provision of the articles or bylaws or in this part to the contrary. The court may issue such orders as may be appropriate, including, without limitation, orders designating the time and place of the meeting, the record date for determination of members entitled to vote, and the form of notice of the meeting.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Special meetings of members for any lawful purpose may be called by the
board, the chairperson of the board, the president, or such other persons, if any, as are specified in the bylaws. In addition, special meetings of members for any lawful purpose may be called by 5 percent or more of the members.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A meeting of the members may be conducted, in whole or in part, by electronic transmission by and to the corporation, electronic video screen communication, conference telephone, or other means of remote communication if the corporation implements reasonable measures: (1) to provide members and proxyholders, if proxies are allowed, a reasonable opportunity to participate in the meeting and to vote on matters submitted to the members, including an opportunity to read or hear the proceedings of the meeting concurrently with those proceedings, (2) if any member or proxyholder, if proxies are allowed, votes or takes other action at the meeting by means of electronic transmission to the corporation, electronic video
screen communication, conference telephone, or other means of remote communication, to maintain a record of that vote or action in its books and records, and (3) to verify that each person who has voted remotely is a member or proxyholder, if proxies are allowed. A corporation shall not conduct a meeting of members solely by electronic transmission by and to the corporation, electronic video screen communication, conference telephone, or other means of remote communication unless one or more of the following conditions apply: (A) all of the members consent; (B) the board determines it is necessary or appropriate because of an emergency, as defined in paragraph (5) of subdivision (n) of Section 5140; or (C) notwithstanding the absence of consent from all members pursuant to (A) or subdivision (b) of Section 20, the meeting includes a live audiovisual feed for the duration of the meeting. A corporation holding a meeting pursuant to (C) may offer, in addition to remote audiovisual feed, an audio-only means by
which a member or proxyholder may participate provided that the choice between participating via audiovisual or via audio-only means is made by the member or proxyholder and the corporation does not impose any barriers to either mode of participation. A de minimis disruption of an audio or audiovisual feed does not require a corporation to end a meeting under, or render the corporation out of compliance with, this subdivision.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_DA4E531F-B4B1-4ACA-9A16-24681AA1D435">
<ns0:Num>SEC. 40.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:CORP: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'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%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'7510.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 7510 of the
<ns0:DocName>Corporations Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_554A17CA-D44A-4F6A-A53C-CC2F1FD62EA3">
<ns0:Num>7510.</ns0:Num>
<ns0:LawSectionVersion id="id_825DD50C-1160-4401-985C-90DD0CABD637">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Meetings of members may be held at a place within or without this state as may be stated in or fixed in accordance with the bylaws. If no other place is stated or so fixed, meetings of members shall be held at the principal office of the corporation. Subject to any limitations in the articles or bylaws of the corporation, if authorized by the board of directors in its sole discretion, and subject to those guidelines and procedures as the board of directors may adopt, members not physically present in person (or, if proxies are allowed, by proxy) at a meeting of members may, by electronic transmission by and to the corporation (Sections 20 and 21), electronic video screen communication, conference telephone, or other means of remote communication, participate in a meeting of members, be deemed present in person (or, if proxies
are allowed, by proxy), and vote at a meeting of members, subject to subdivision (f).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A regular meeting of members shall be held on a date and time, and with the frequency stated in or fixed in accordance with the bylaws, but in any event in each year in which directors are to be elected at that meeting for the purpose of conducting such election, and to transact any other proper business which may be brought before the meeting.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If a corporation with members is required by subdivision (b) to hold a regular meeting and fails to hold the regular meeting for a period of 60 days after the date designated therefor or, if no date has been designated, for a period of 15 months after the formation of the corporation or after its last regular meeting, or if the corporation fails to hold a written ballot for a period of 60 days after the date designated therefor, then the superior
court of the proper county may summarily order the meeting to be held or the ballot to be conducted upon the application of a member or the Attorney General, after notice to the corporation giving it an opportunity to be heard.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The votes represented, either in person (or, if proxies are allowed, by proxy), at a meeting called or by written ballot ordered pursuant to subdivision (c), and entitled to be cast on the business to be transacted shall constitute a quorum, notwithstanding any provision of the articles or bylaws or in this part to the contrary. The court may issue such orders as may be appropriate, including, without limitation, orders designating the time and place of the meeting, the record date for determination of members entitled to vote, and the form of notice of the meeting.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Special meetings of members for any lawful purpose may be called by the board, the
chairperson of the board, the president, or such other persons, if any, as are specified in the bylaws. In addition, special meetings of members for any lawful purpose may be called by 5 percent or more of the members.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A meeting of the members may be conducted, in whole or in part, by electronic transmission by and to the corporation, electronic video screen communication, conference telephone, or other means of remote communication if the corporation implements reasonable measures: (1) to provide members and proxyholders, if proxies are allowed, a reasonable opportunity to participate in the meeting and to vote on matters submitted to the members, including an opportunity to read or hear the proceedings of the meeting concurrently with those proceedings, (2) if any member or proxyholder, if proxies are allowed, votes or takes other action at the meeting by means of electronic transmission to the corporation, electronic video screen
communication, conference telephone, or other means of remote communication, to maintain a record of that vote or action in its books and records, and (3) to verify that each person who has voted remotely is a member or proxyholder, if proxies are allowed. A corporation shall not conduct a meeting of members solely by electronic transmission by and to the corporation, electronic video screen communication, conference telephone, or other means of remote communication unless one or more of the following conditions apply: (A) all of the members consent; (B) the board determines it is necessary or appropriate because of an emergency, as defined in paragraph (5) of subdivision (m) of Section 7140; or (C) notwithstanding the absence of consent from all members pursuant to (A) or subdivision (b) of Section 20, the meeting includes a live audiovisual feed for the duration of the meeting. A corporation holding a meeting pursuant to (C) may offer, in addition to remote audiovisual feed, an audio-only means by which a
member or proxyholder may participate provided that the choice between participating via audiovisual or via audio-only means is made by the member or proxyholder and the corporation does not impose any barriers to either mode of participation. A de minimis disruption of an audio or audiovisual feed does not require a corporation to end a meeting under, or render the corporation out of compliance with, this subdivision.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_CC06970C-7F9C-47B9-9BE2-DFA47F853739">
<ns0:Num>SEC. 41.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:CORP: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'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%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'12460.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 12460 of the
<ns0:DocName>Corporations Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_71890BA7-8B66-40BC-BFB0-649028FEB836">
<ns0:Num>12460.</ns0:Num>
<ns0:LawSectionVersion id="id_D20C3611-3739-43D4-9D97-9E31CB927509">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Meetings of members may be held at a place within or without this state that is stated in or fixed in accordance with the bylaws. If no other place is so stated or fixed, meetings of members shall be held at the principal office of the corporation. Subject to any limitations in the articles or bylaws of the corporation, if authorized by the board of directors in its sole discretion, and subject to those guidelines and procedures as the board of directors may adopt, members not physically present in person at a meeting of members may, by electronic transmission by and to the corporation (Sections 20 and 21), electronic video screen communication, conference telephone, or other means of remote communication, participate in a meeting of members, be deemed present in person, and vote at a meeting of members, subject to
subdivision (f).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Except as provided in Section 12460.5, a regular meeting of members shall be held annually. In any year in which directors are elected, the election shall be held at the regular meeting unless the directors are chosen in some other manner authorized by law. Any other proper business may be transacted at the meeting.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If a corporation fails to hold the regular meeting for a period of 60 days after the date designated therefor or, if no date has been designated, for a period of 15 months after the formation of the corporation or after its last regular meeting, or if the corporation fails to hold a written ballot for a period of 60 days after the date designated therefor, then the superior court of the proper county may summarily order the meeting to be held or the ballot to be conducted upon the application of a member, after notice to the corporation giving
it an opportunity to be heard.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The votes represented at a meeting called or by written ballot ordered pursuant to subdivision (c) and entitled to be cast on the business to be transacted shall constitute a quorum, notwithstanding any provision of the articles or bylaws or provision in this part to the contrary. The court may issue such orders as may be appropriate, including, without limitation, orders designating the time and place of the meeting, the record date for determination of members entitled to vote, and the form of notice of the meeting.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Special meetings of members for any lawful purpose may be called by the board, the chairperson of the board, the president, or other persons, if any, as are specified in the bylaws. In addition, special meetings of members for any lawful purpose may be called by 5 percent or more of the members, however, in a worker cooperative
with more than four worker-members, a special meeting may only be called by the greater of three worker-members or 5 percent of the worker-members. In a worker cooperative with fewer than four worker-members, special meetings may be called by one worker-member.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A meeting of the members may be conducted, in whole or in part, by electronic transmission by and to the corporation, by electronic video screen communication, conference telephone, or other means of remote communication if the corporation implements reasonable measures: (1) to provide members a reasonable opportunity to participate in the meeting and to vote on matters submitted to the members, including an opportunity to read or hear the proceedings of the meeting concurrently with those proceedings, (2) if any member votes or takes other action at the meeting by means of electronic transmission to the corporation, electronic video screen communication, conference telephone, or
other means of remote communication, to maintain a record of that vote or action in its books and records, and (3) to verify that each person who has voted remotely is a member. A corporation shall not conduct a meeting of members solely by electronic transmission by and to the corporation, electronic video screen communication, conference telephone, or other means of remote communication unless one or more of the following conditions apply: (A) all of the members consent; (B) the board determines it is necessary or appropriate because of an emergency, as defined in paragraph (5) of subdivision (m) of Section 12320; or (C) notwithstanding the absence of consent from all members pursuant to (A) or subdivision (b) of Section 20, the meeting includes a live audiovisual feed for the duration of the meeting. A corporation holding a meeting pursuant to (C) may offer, in addition to remote audiovisual feed, an audio-only means by which a member may participate provided that the choice between participating via
audiovisual or via audio-only means is made by the member and the corporation does not impose any barriers to either mode of participation. A de minimis disruption of an audio or audiovisual feed does not require a corporation to end a meeting under, or render the corporation out of compliance with, this subdivision.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A3700887-4935-4B04-9F7A-3C60CBE34124">
<ns0:Num>SEC. 42.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:EDC: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'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'6.'%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'8222.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 8222 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_F46C6BE7-1A55-4318-B256-193CEB2592B5">
<ns0:Num>8222.</ns0:Num>
<ns0:LawSectionVersion id="id_EE8117FD-F6E1-4D7C-B790-7709D50F82CE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this chapter to the contrary, the department shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Provide prospective California state preschool program contractors an equitable opportunity to establish trained workforces and administrative systems, and technical assistance on how to meet the requirements of Title 5 of the California Code of Regulations, including applicants that meet either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The applicant has not received a California state preschool program contract within the last five years.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The applicant has not previously received a California state preschool program contract.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Develop early learning resources, including, but not limited to, early learning resources regarding all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The importance of early learning to improve school readiness for kindergarten and pupil outcomes in elementary and secondary schools.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Best practices of existing successful early learning programs.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Information on statutes and regulations pertaining to early learning programs.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Instructions for paper and electronic applications for administrative and funding purposes relating to operating an early learning program, including requests for applications.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Develop and communicate guidance to
inform prospective and existing universal preschools, as defined in Section 8320, about current flexibilities available to serve children in mixed-income settings, such as through combining public funding and private tuition.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Develop and implement a proactive one-time three-year outreach, capacity building, training, and technical assistance plan that shall target prospective and new contractors, and which shall include, but not be limited to, a plan for application technical assistance for prospective first-time California state preschool program contractors. The plan shall include both web-based and in-person opportunities for training and technical assistance.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Disseminate information regarding training and technical assistance events, trainings, and resources through multiple communication channels, including, but not limited to, letters, departmental LISTSERVs, and
social media.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Create, for purposes of more effective outreach and communication and to provide more services and educational opportunities to three- and four-year-old children, a separate webpage on its internet website that shall include, but not be limited to, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Detailed information on starting, funding, and operating a California state preschool program.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Existing resources from the department pertaining to technical assistance for early learning programs, including past and upcoming webinars and events.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The early learning resources described in paragraph (2).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Dates and times of upcoming trainings and technical
assistance events conducted pursuant to paragraph (4).
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Online electronic applications.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The department shall complete the webpage described in subparagraph (A), and make it publicly accessible, on or before January 1, 2026. The department shall annually update the webpage, including, but not limited to, updating the webpage to reflect any new or revised statutes or regulations.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The department may modify the California state preschool program request for application requirements to simplify and streamline the application process for prospective California state preschool program contractors.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section shall only become operative upon appropriation by the Legislature for its purposes.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C8936DFF-C738-4BAD-9D67-A7F09BFE0D51">
<ns0:Num>SEC. 43.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:EDC: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'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'8242.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 8242 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_103676B4-9DF3-4544-B18E-049B1C47EBBF">
<ns0:Num>8242.</ns0:Num>
<ns0:LawSectionVersion id="id_739AA856-B17C-42DF-A975-CB21D1245CCC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department, in collaboration with the State Department of Social Services, shall implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Parent fees shall be used to pay reasonable and necessary costs for providing additional services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Commencing July 1, 2021, the standard reimbursement rate shall
be twelve thousand nine hundred sixty-eight dollars ($12,968).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Commencing July 1, 2021, the standard reimbursement rate for part-day California state preschool programs shall be five thousand six hundred twenty-one dollars ($5,621).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Commencing in the 2022–23 fiscal year, the standard reimbursement rates described in paragraph (1) shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Commencing January 1, 2022, contractors who, as of December 31, 2021, received the standard reimbursement rate established in this section shall be reimbursed at the greater of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The 75th percentile of the 2018 regional market rate survey.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The contract per-child reimbursement amount as of December 31, 2021, as increased by the cost-of-living adjustment pursuant to paragraph (2) of subdivision (b).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Commencing July 1, 2022, subject to available funding, the department may issue temporary rate increases to contractors that exceed the rates specified in paragraph (1) and the reimbursement rate supplements described in Section 51 of Chapter 571 of the Statutes of 2022.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The department shall specify the timeline and format in which this information shall be
submitted, and the information shall include, but not be limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Address, including ZIP Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Race and ethnicity.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Gender.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Whether the provider is open and available to provide childcare services or closed due to the COVID-19 public health emergency.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
What types of federal relief funds have been received from the state.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Use of federal relief funds received.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Documentation that the provider met certifications as required by federal law.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Rate
increases shall be subject to federal usage limitations and federal and state program eligibility requirements.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding subdivisions (b) and (c), for the 2023–24 fiscal year and the 2024–25 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
It is the intent of the Legislature that any adjustments in the 2023–24 fiscal year and the 2024–25 fiscal years related to reimbursement for programs funded pursuant to this section will be subject to a ratified agreement, and subject to future legislation providing for appropriations related to the Budget Bill.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_8EA0A226-E67C-45AC-A801-79746F18EFF5">
<ns0:Num>SEC. 44.</ns0:Num>
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Section 10864 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_F4BA1E52-1EA3-4691-BA05-DC1621A9DAE2">
<ns0:Num>10864.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The data system shall be governed by a governing board composed of the following 21 members:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The Superintendent of Public Instruction or the Superintendent’s designee.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Chancellor of the California Community Colleges or the chancellor’s designee.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Chancellor of the California State University or the chancellor’s designee.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The President of the University of California or the president’s designee.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The President of the Association of Independent California Colleges and Universities or
the president’s designee.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The Chief of the Bureau for Private Postsecondary Education or the chief’s designee.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The Executive Director of the Student Aid Commission or the executive director’s designee.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The Executive Director of the Commission on Teacher Credentialing or the executive director’s designee.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The Secretary of California Health and Human Services or the secretary’s designee.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The Secretary of Labor and Workforce Development or the secretary’s designee.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Four public members, to be appointed by the Governor, as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Two
elementary and secondary education practitioners to serve as a representative of elementary and secondary educators, counselors, and administrators.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Two members of the public who meet the requirements of paragraph (1) of subdivision (c).
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Four members of the public, to be appointed by the Legislature, as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Two members of the public to be appointed by the Speaker of the Assembly.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Two members of the public to be appointed by the President pro Tempore of the Senate.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
One Senator appointed by the President pro Tempore of the Senate, or the Senator’s designee.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
One Assembly Member appointed by the
Speaker of the Assembly or the Assembly Member’s designee.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
The Chief Operations Officer of California School Information Services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A designee serving at the pleasure of a governing board described in paragraphs (1) to (10), inclusive, of subdivision (a) shall be qualified and authorized to make decisions on behalf of the appointed member.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
All of the following shall apply to the public member appointments made pursuant to paragraphs (11) and (12) of subdivision (a):
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
It is the intent of the Legislature that, in appointing members, the appointing authority shall make every effort to ensure the membership of the governing board is reflective of the cultural, racial, geographical, economic, and social diversity of California, taking into
consideration factors including, but not limited to, diversity in data user experience, diversity in expertise with educational data, diversity in professional experience, and representation from different geographical and socioeconomic backgrounds.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The public members shall represent the public beneficiaries of the data system, including, but not limited to, practitioners, families, students, adult learners and workers, community organizations, research organizations, or advocates.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A public member shall serve a term of no more than three years, and shall not serve more than two consecutive terms or more than six years.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The public members shall have staggered terms.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For the first appointment of public members to the governing board only,
to create staggered terms, the terms of those members shall be as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The terms of the public members appointed pursuant to subparagraph (A) of paragraph (11) of subdivision (a) shall be for three years.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The terms of the public members appointed pursuant to subparagraph (B) of paragraph (11) of subdivision (a) shall be for one year.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The terms of the public members appointed pursuant to paragraph (12) of subdivision (a) shall be for two years.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding subdivisions (b) and (c), the governing board may expand membership on the governing board to include new data contributors and ex officio governing board members.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Institutions and
persons represented on the governing board pursuant to paragraphs (1) to (4), inclusive, and paragraphs (6) to (10), inclusive, of subdivision (a) shall be data providers.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Institutions and persons on the governing board described in paragraphs (5) and (11) to (15), inclusive, of subdivision (a) are not data providers.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The governing board shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
</html:p>
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<ns0:BillSection id="id_0F517FD6-E69E-43F5-B38F-A37C6116D130">
<ns0:Num>SEC. 45.</ns0:Num>
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Section 17586 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_8B895944-AB30-4D17-A6B7-123D834370CA">
<ns0:Num>17586.</ns0:Num>
<ns0:LawSectionVersion id="id_536A21A9-E575-4AAB-B0F7-832C6A1B30DD">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A school district, county office of education, or charter school serving pupils in kindergarten or any of grades 1 to 12, inclusive, that undertakes an addition, alteration, reconstruction, rehabilitation, or retrofit of a school building, shall install interior locks on each door of any room with an occupancy of five or more persons in that school building.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The requirement in subdivision (a) does not apply to any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Doors that are locked from the outside at all times, doors with locks that lock from the inside, and pupil restrooms.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The maintenance of a school facility for individual projects or tasks under
twenty thousand dollars ($20,000).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Projects applying for funding pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 for a school modernization project, before January 1, 2025, and that were initially submitted to the Division of the State Architect for approval before January 1, 2025.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The locks required by subdivision (a) shall conform to the specifications and requirements set forth in Title 24 of the California Code of Regulations.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, “addition,” “alteration,” “reconstruction,” “rehabilitation,” “retrofit,” “school building,” and “maintenance” have the same meaning as specified in Section 4-314 of Part 1 of Title 24 of the California Code of Regulations.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The implementation of this section
is contingent upon an appropriation for its purposes in the annual Budget Act or another statute.
</html:p>
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</ns0:Fragment>
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<ns0:BillSection id="id_781C2365-7B04-4DA6-ADD3-4911CA324086">
<ns0:Num>SEC. 46.</ns0:Num>
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Section 33328.5 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_C3B2DE76-ED7E-45C4-BD93-545DB1161539">
<ns0:Num>33328.5.</ns0:Num>
<ns0:LawSectionVersion id="id_1B23194C-262B-4E48-B7C2-68DB28D9446B">
<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"/>
“Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer, from the input it receives, how to generate outputs that can influence physical or virtual environments.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Educator” means a certificated or classified employee of a local educational agency or charter school.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Local educational agency” means a school district or county office of education.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Superintendent shall convene a
working group for all of the following purposes:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Developing guidance on the safe and effective use of artificial intelligence in ways that benefit, and do not harm, pupils and educators.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Developing a model policy, reflecting available research, for local educational agencies and charter schools regarding the safe and effective use of artificial intelligence in ways that benefit, and do not negatively impact, educational quality, pupil critical thinking and writing skills, creativity, and the essential work of educators.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Identifying other ways in which the state can support educators in developing and sharing effective practices involving artificial intelligence that minimize risk and maximize benefits to pupils and educators.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The working group shall include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Current, credentialed public school teachers serving in elementary and secondary teaching positions.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Classified public school staff.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Schoolsite administrators.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
School district or county office of education administrators.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
University and community college faculty, including academics with expertise in artificial intelligence and its uses in education.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Representatives of private sector business or industry, with expertise in artificial intelligence and its uses in education.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Pupils enrolled in public school.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
At least one-half of the working group shall be composed of current, credentialed public school teachers serving in elementary and secondary teaching positions with knowledge of the use of artificial intelligence in education.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The working group shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Assess the current and future state of artificial intelligence use in education, including both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The current state of artificial intelligence used by local educational agencies and charter schools, including all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Technologies most commonly in use.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The typical cost of those technologies.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The ownership structure of those technologies.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The ownership structure of pupil- and employee-created materials.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
The licensing agreements for those technologies.
</html:p>
<html:p>
(VI)
<html:span class="EnSpace"/>
The ability to access source code for those technologies.
</html:p>
<html:p>
(VII)
<html:span class="EnSpace"/>
The degree to which educators were involved in the decision to use artificial intelligence.
</html:p>
<html:p>
(VIII)
<html:span class="EnSpace"/>
Artificial intelligence as a topic of instruction in developing class content.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Anticipated and potential
developments in artificial intelligence technology in education.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Conduct at least three public meetings to incorporate feedback from pupils, families, and relevant stakeholders into the assessment required by subparagraph (A).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Public meetings held pursuant to clause (i) may be held by teleconference, pursuant to the procedures required by Section 11123 of the Government Code, for the benefit of the public and the working group.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Detail current uses of artificial intelligence in education settings including through the identification of all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Examples of human-centered artificial intelligence that aid, further, and improve teaching and learning, including in ways that do
not exacerbate existing inequities, and the work of educators.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Examples of human replacement artificial intelligence that could negatively impact pupil development, jeopardize pupil data security, or risk the jobs of educators.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Examples of strategies to ensure that there are opportunities for stakeholders to offer meaningful feedback before any given form of artificial intelligence is introduced to pupils or educators.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In performing the work required by this subdivision, the working group shall solicit input from educators and pupils on their experience using the technologies identified in subparagraph (A).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
On or before January 1, 2026, develop guidance for local educational agencies and charter schools on the safe use of artificial
intelligence in education that addresses all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Academic integrity and plagiarism.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Acceptable and unacceptable uses of artificial intelligence for pupils and educators.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Pupil and educator data privacy and data security.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Parent and guardian access to information that pupils enter into artificial intelligence systems.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Procurement of software that ensures the safety and privacy of pupils and educators, and the protection of their data.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
On or before July 1, 2026, develop a model policy for local educational agencies and charter schools regarding the safe and effective use of artificial
intelligence in ways that benefit, and do not negatively impact, pupils and educators. This policy shall include all of the following topics:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Academic integrity and plagiarism.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Acceptable and unacceptable uses of artificial intelligence for pupils and educators.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Pupil and educator data privacy and data security.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Parent and guardian access to pupil information.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Procurement of software that ensures the safety and privacy of pupils and educators and their data.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Effective use of artificial intelligence to support, and avoid risk to, teaching and learning.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Effective practices to support, and avoid risk to, educators and pupils.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Strategies to ensure that artificial intelligence does not exacerbate existing inequities in the education system.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Professional development strategies for educators on the use of artificial intelligence.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Identify other ways in which the state can support educators in developing and sharing effective practices that minimize risk and maximize benefits to pupils and educators, including, but not limited to, establishing communities of practice on the use of artificial intelligence in education.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
On or before January 1, 2027, submit a report to the appropriate policy and fiscal committees of the Legislature, in compliance with Section 9795 of the
Government Code, presenting the assessment required by paragraph (1) and any findings or recommendations related to the assessment.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department shall post on its internet website the guidance developed pursuant to paragraph (3) of subdivision (d) and the model policy for local educational agencies and charter schools developed pursuant to paragraph (4) of subdivision (d).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The working group shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The working group shall be dissolved upon submission of the report required by paragraph (6) of subdivision (d) to the Legislature.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section shall remain in
effect only until January 1, 2031, and as of that date is repealed.
</html:p>
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<ns0:BillSection id="id_332E5493-616B-4D49-B383-DAEB36658D46">
<ns0:Num>SEC. 47.</ns0:Num>
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Section 33355 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_1AA2763B-22B5-43B0-830B-4E4AB31DC9DD">
<ns0:Num>33355.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before January 1, 2026, the department, in consultation with relevant stakeholders and experts, shall compile, and post on the department’s internet website, standardized guidelines specifying temperature thresholds or index ratings that trigger modifications to pupil physical activities during extreme weather conditions. The standardized guidelines shall consider relevant factors, including, but not limited to, pupil ages, harmful duration of exposure to extreme weather conditions, overall pupil safety, and available mitigation measures.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department, in consultation with relevant stakeholders and experts, may use existing resources or frameworks, or both, about temperature thresholds or index ratings that trigger
modifications to pupil physical activities during extreme weather conditions to meet the requirements of paragraph (1), including, but not limited to, the State Department of Public Health’s Health Guidance for Schools on Sports and Strenuous Activities During Extreme Heat, the National Weather Service’s HeatRisk forecast tool, and the guidelines established by the California Interscholastic Federation pursuant to Section 35179.8.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before July 1, 2026, each local educational agency shall develop, adopt, and implement weather protocols for extreme weather conditions.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The weather protocols shall incorporate the standardized guidelines compiled by the department pursuant to subdivision (a) and shall detail the specific measures to be taken during extreme weather conditions, including, but not limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Clear criteria for determining when weather conditions are considered extreme weather conditions and warrant modification or cessation of outdoor physical activities.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Procedures for monitoring weather forecasts and alerts to anticipate extreme weather conditions.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Protocols for communicating with staff, pupils, and parents or guardians regarding changes to outdoor activities due to extreme weather conditions.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Designation of indoor alternative activities that can be safely conducted during extreme weather conditions.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Training for staff members on recognizing signs of weather-related distress in pupils and appropriate response measures.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Coordination with relevant local agencies and experts to ensure timely access to weather-related information and resources.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The weather protocols shall be annually reviewed, evaluated, and, if necessary, updated to incorporate best practices and address any emerging concerns or challenges, and to reflect changes in weather patterns, advances in safety practices, and feedback from stakeholders.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Commencing January 1, 2026, the department shall provide technical assistance to local educational agencies in the implementation of their weather protocols.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Interscholastic athletic programs administered by the California Interscholastic Federation, including their associated practices and games, shall comply with the guidelines established pursuant
to Section 35179.8.
</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"/>
“Extreme weather conditions” means occurrences of unusually severe weather conditions, including, but not limited to, periods of extreme heat, excessive precipitation, and floods, that may pose significant harm to pupils.
</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)
<html:span class="EnSpace"/>
“Physical activity” means physical education classes, sports, and athletic practices and games sponsored by a local educational agency, except for those relating to an interscholastic athletic program administered by the California Interscholastic Federation.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The
implementation of this section is subject to an appropriation being made for purposes of this section in the annual Budget Act or another statute.
</html:p>
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<ns0:BillSection id="id_0D8E9E8C-E0A0-4C73-96A9-B071AF4C31A0">
<ns0:Num>SEC. 48.</ns0:Num>
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Section 42238.026 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_B5492DEA-C90A-44CB-9997-907F476224F3">
<ns0:Num>42238.026.</ns0:Num>
<ns0:LawSectionVersion id="id_C1A7FF25-AC52-4646-83A0-A2B25EFD2414">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On or before January 1, 2026, the Legislative Analyst’s Office shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, on the effects of changing the pupil count methodology of the local control funding formula from average daily attendance to pupil enrollment. The report, at a minimum, shall analyze all of the following, to the extent data is available:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The legislative history of the change from funding excused absences to funding based on average daily attendance pursuant to Senate Bill 727 (Chapter 855 of the Statutes of 1997), including legislative intent and any indications of inaccurate or inappropriate attendance reporting of excused absences.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The impact on attendance of the change from funding excused absences to funding based on average daily attendance pursuant to Senate Bill 727 (Chapter 855 of the Statutes of 1997), including statewide attendance, and the equity impact of this change, including attendance by pupil subgroup, and attendance at local educational agencies with high percentages of pupils who are English learners, low-income pupils, and foster youth.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The programmatic changes made by local educational agencies to increase attendance after the switch to funding based on average daily attendance pursuant to Senate Bill 727 (Chapter 855 of the Statutes of 1997).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The methods used by other states to count pupils for education funding purposes and the ways in which other states create incentives for local educational agencies to encourage pupil attendance.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A review of research regarding both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Evidence-based approaches to improving pupil attendance.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The extent to which a state’s method of funding affects pupil attendance rates.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The fiscal, programmatic, and administrative impacts of changing the pupil count methodology of the local control funding formula from average daily attendance to pupil enrollment, including the effects on the state and local educational agencies.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The potential impacts on pupil attendance of changing the pupil count methodology of the local control funding formula from average daily attendance to pupil enrollment, including the effects on the state and local educational agencies,
including by pupil grade and pupil subgroups as described in Section 52052.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
How a change to enrollment-based funding would affect local educational agencies of varying sizes, locations, and pupil demographics.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Alternative methods of changing the local control funding formula that would have a similar effect on local educational agencies serving a higher percentage of English learners, low-income pupils, and foster youth.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Phase-in approaches to implement the cost of an enrollment-based funding model over several years that do not reduce the funding received by any local educational agency.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
If the pupil count methodology for the local control funding formula is changed, whether the state should continue using average daily attendance for
the Proposition 98 funding calculation and other education programs, such as lottery funding.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
The impacts on Proposition 98 and the minimum funding guarantee set forth in Sections 8 and 8.5 of Article XVI of the California Constitution and its implementing statutes, and the ability of the local control funding formula with a pupil count methodology based on pupil enrollment to fund existing and ongoing public education obligations.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The report required by subdivision (a) shall include input from relevant stakeholders, as determined by the Legislative Analyst’s Office.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_CE0A1152-AD5A-4394-B6D7-09DCB40AC584">
<ns0:Num>SEC. 49.</ns0:Num>
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Section 44260.1 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_64656265-99F2-47EA-8D33-A5CE295FC7FF">
<ns0:Num>44260.1.</ns0:Num>
<ns0:LawSectionVersion id="id_9D9CB986-B5D7-4E3A-8F80-71BA85F91EAB">
<ns0:Content>
<html:p>The minimum requirements for the five-year clear designated subjects career technical education teaching credential shall be all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
A valid three-year preliminary designated subjects career technical education teaching credential.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Two years of successful teaching, or the equivalent, as authorized by the preliminary designated subjects career technical education teaching credential.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Completion of a program of personalized preparation as approved by the commission. It is the intent of the Legislature that the program of personalized preparation be consistent with whether the credentialholder performs full- or part-time service.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The study of health education, as specified in clause (i) of subparagraph (B) of paragraph (3) of subdivision (b) of Section 44259.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Completion of two semester units or passage of an examination on the principles and provisions of the United States Constitution, as specified in Section 44335.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The study of computer-based technology, including the uses of technology in educational settings.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Commencing July 1, 2025, certification in cardiopulmonary resuscitation (CPR) that meets the standards established by the American Heart Association or the American Red Cross unless the applicant has already demonstrated their certification in CPR pursuant to subdivision (d) of Section 44260.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Notwithstanding subdivision (b), the holder of a credential described in this section shall satisfy the minimum experience requirements established by the local educational agency for each course the credentialholder is assigned to teach.
</html:p>
</ns0:Content>
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</ns0:BillSection>
<ns0:BillSection id="id_81B21638-A41E-472C-9FAE-A31F74CDE50D">
<ns0:Num>SEC. 50.</ns0:Num>
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Section 44320.5 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_B0532455-606C-47D4-B350-FAE6EDB11A55">
<ns0:Num>44320.5.</ns0:Num>
<ns0:LawSectionVersion id="id_9BB4AE67-8C6B-4102-90FE-A70C0AB26C64">
<ns0:Content>
<html:p>For the 2024–25 fiscal year only, the commission shall submit to the Department of Finance a plan for using existing funds available from the Teacher Credentials Fund to support the operations of the workgroup pursuant to Section 44320.4. Upon the approval of the plan by the Department of Finance, an amount not to exceed seven hundred twenty-nine thousand dollars ($729,000) shall be made available from the Teacher Credentials Fund to the commission for the operations of the workgroup convened pursuant to Section 44320.4.</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_0BF1CDDF-7F30-4D41-9FC6-0C9F61DC3298">
<ns0:Num>SEC. 51.</ns0:Num>
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Section 44395 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_5ED44C96-29AD-4246-8A24-35851DE60DA0">
<ns0:Num>44395.</ns0:Num>
<ns0:LawSectionVersion id="id_0040F34C-8C01-4DB9-AE55-4A72CB02A4AB">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The National Board for Professional Teaching Standards Certification Incentive Program is hereby established to award grants to school districts for the purpose of providing awards to teachers who are employed by school districts or charter schools, are assigned to teach in California public schools, and have attained or will attain certification from the National Board for Professional Teaching Standards. Awards shall be granted to the extent that funds have been appropriated for this purpose in the annual Budget Act.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Commencing July 1, 2021, any teacher who has attained certification from the National Board for Professional Teaching Standards is eligible to receive an award of up to twenty-five thousand
dollars ($25,000) if the teacher agrees to teach at a high-priority school for at least five years. Teaching service before July 1, 2021, may not be counted towards satisfaction of this five-year commitment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Awards granted pursuant to this paragraph shall be disbursed in annual payments of five thousand dollars ($5,000) over a five-year period. The annual payment shall be made upon completion of the school year, and upon approval of a district-certified application pursuant to the guidelines of subdivision (c) of Section 44396.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Commencing July 1, 2021, any teacher who initiates the process of pursuing a certification from the National Board for Professional Teaching Standards when teaching at a high-priority school is eligible to receive an award of two thousand five hundred dollars ($2,500).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Awards granted pursuant to this paragraph shall be disbursed from the department to the National Board for Professional Teaching Standards. Any unused funds shall be applied to future candidates.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A teacher who receives an award pursuant to this paragraph may still apply to receive funds under paragraph (2) after completion of a certification from the National Board for Professional Teaching Standards to the extent funds are available.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Commencing July 1, 2023, any teacher who initiates the process of maintenance of certification from the National Board for Professional Teaching Standards when teaching at a high-priority school is eligible to receive an award of four hundred ninety-five dollars ($495).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Awards granted pursuant to this
paragraph shall be disbursed from the department to the National Board for Professional Teaching Standards. Any unused funds shall be applied to future candidates.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A teacher who receives an award pursuant to this paragraph may still apply to receive funds under paragraph (2).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph may be implemented using funds appropriated pursuant to Section 137 of Chapter 44 of the Statutes of 2021.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall administer the awards authorized by subdivision (a), and shall develop, in consultation with the commission, certification and award information, criteria, procedures, and applications, all of which shall be submitted to the state board for approval. Amendments requested by the state board to that information, criteria, procedures, and applications shall be made before the dissemination of
the material and the granting of any award under this article.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department shall distribute the materials described in subdivision (b) to school districts. Each school district is strongly encouraged to ensure that teachers employed by the school district or by charter schools affiliated with the school district are informed about the program and can acquire the necessary application and information materials.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
School districts are encouraged to provide for adequate release time and support for a teacher to complete the certification process. As a condition to providing that release time and support, a school district may require that a teacher serve in a mentor teacher capacity.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of this article, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“School district” means school district, county board of education, county superintendent of schools, a state operated program, including a special school, a regional occupational center or program operated by a joint powers authority or a county office of education, or an education program providing instruction in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, that is offered by a state agency, including the Department of Youth and Community Restoration and the State Department of Developmental Services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“High-priority school” means a school with 55 percent or more of its pupils being unduplicated pupils, as defined in subdivision (b) of Section 42238.02. This designation shall be determined by the department.
</html:p>
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<ns0:BillSection id="id_42260BEC-DF5D-46C9-8D0E-EA95C74E327B">
<ns0:Num>SEC. 52.</ns0:Num>
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Section 45202 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>45202.</ns0:Num>
<ns0:LawSectionVersion id="id_ECA2A9B7-1ABD-40BF-9277-D8C8426F58E1">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A classified employee of a school district, county superintendent of schools, state special school, or community college district who has been employed for a period of one calendar year or more whose employment is terminated for reasons other than action initiated by the employer for cause shall have the total amount of earned leave of absence for illness or injury that the employee accumulated with that first employing school district, community college district, county superintendent of schools, or state special school pursuant to Section 45191 or 88191 transferred to the subsequent employing school district, county superintendent of schools, community college district, or state special school. This transfer shall be in the same manner as provided for certificated employees. The subsequent employing entity shall honor a
transfer request made at any time during the classified employee’s employment with that employing entity.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In a case where an employee was terminated as a result of action initiated by the employer for cause, the transfer may be made if agreed to by the governing board or body of the subsequent employing entity.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
All or any part of the previous service, not separated by a break in service greater than one year as of the last day of paid service, may, if agreed to by the subsequent employing entity, be construed to have been served with the subsequent employing entity for seniority purposes, except that the previous service may not be counted, for seniority purposes, when position or personnel reduction is ordered, for any reason, by the governing board or body of the subsequent employing entity.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The school
district, community college district, county superintendent of schools, or state special school shall not adopt a policy or rule, written or unwritten, which requires all classified employees, or any individual classification, or group of classifications of employees transferring to that school district, community college district, county superintendent of schools, or state special school to waive any part or all benefits that they may be entitled to have transferred pursuant to this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The former employing school district, county office of education, state special school, or community college district shall provide all of the following information when responding to a request for the transfer of accumulated leave of absence for illness or injury from the subsequent employing entity:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Name and identification number for the employee requesting the transfer.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Contact information for that former employer.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The time period of the service, including start date and end date, for the employee requesting the transfer.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The total amount of leave of absence, including any fraction thereof, for illness or injury to be transferred based on the former employer’s workday.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Contact information for the subsequent employing entity.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Signature of the person completing and verifying the accuracy of the information provided pursuant to this subdivision, including that person’s name, title, and contact information.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall apply to school districts that have adopted the
merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter.
</html:p>
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<ns0:BillSection id="id_FCA799DA-1DCF-497D-B835-F1E640DFFFB9">
<ns0:Num>SEC. 53.</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_21F021D7-723D-4ABE-B5BE-6DFEF31C3693">
<ns0:Num>46392.</ns0:Num>
<ns0:LawSectionVersion id="id_E07E4693-E586-411A-99EA-CF747910D7F4">
<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 school days 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 Sections 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 school days 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"/>
This section applies to any average daily attendance that occurs during any part of a school year.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_F1471419-473D-4F6E-8CCE-9F3EC34DBEBB">
<ns0:Num>SEC. 54.</ns0:Num>
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Section 47604.2 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_838C25CB-21F7-4B46-824D-CB05EDBEB9FD">
<ns0:Num>47604.2.</ns0:Num>
<ns0:LawSectionVersion id="id_BBBD6FBC-01B4-476C-B9CA-CE3D24CE9AD5">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this section, “entity managing a charter school” has the same meaning as described in subdivision (a) of Section 47604.1.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
There may be submitted to the governing body of a charter school attended by high school pupils, or to the governing body of an entity managing multiple charter schools including a charter school attended by high school pupils, a pupil petition requesting the governing body of the charter school or the governing body of the entity managing multiple charter schools, as appropriate, to appoint one or more pupil members to the appropriate governing body pursuant to this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The petition shall contain the signatures of either
(A) not less than 500 pupils regularly enrolled in the high school of the charter school, or (B) not less than 10 percent of the number of pupils regularly enrolled in the high school of the charter school. If a charter school attended by high school pupils is operated by an entity managing a charter school or managing multiple charter schools, then the petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in any of the high schools operated by the entity managing a charter school or multiple charter schools, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools operated by the entity managing a charter school or multiple charter schools. Each fiscal year, and within 60 days of receipt of a petition for pupil representation, or at its next regularly scheduled meeting if no meeting is held within those 60 days, the governing body of the charter school or of the entity managing multiple charter schools shall order the inclusion
within the membership of that governing body, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The governing body of the charter school or of the entity managing multiple charter schools may order the inclusion of more than one pupil member.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Upon receipt of a petition for pupil representation, the governing body of a charter school or of an entity managing multiple charter schools shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of that governing body, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The governing body of a charter school or of an entity managing multiple charter schools may order the inclusion of more than one pupil member. The governing body of a charter school or of an entity managing multiple charter schools may appoint a pupil to serve as an alternate pupil member who would
fulfill all duties and have the same rights as a pupil member if that governing body determines the pupil member is not fulfilling their duties. If the governing body of a charter school or of an entity managing multiple charter schools appoints an alternate pupil member, that governing body shall suspend the prior pupil member’s rights and privileges related to service on that governing body.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A pupil member of the governing body of a charter school or of an entity managing multiple charter schools shall have preferential voting rights.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Preferential voting, as used in this section, means a formal expression of opinion that is recorded in the minutes and cast before the official vote of the governing body of the charter school or of an entity managing multiple charter schools. A preferential vote shall not serve in determining the final numerical
outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The governing body of a charter school or of an entity managing multiple charter schools may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by that governing body, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Each pupil member shall have the right to attend each and all meetings of the governing body of a charter school or of an entity managing multiple charter schools, except closed sessions.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Each pupil member shall be appointed to subcommittees of the governing body in the same
manner as other governing body regular members.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Each pupil member shall be made aware of the time commitment required to participate in subcommittee meetings and work, and may decline an appointment to a subcommittee.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Subcommittee meetings may be scheduled in accordance with the availability of all members of the governing body, including each pupil member.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Any pupil selected to serve as a member of the governing body of a charter school or of an entity managing multiple charter schools shall be enrolled in high school within the charter school, may be less than 18 years of age, and shall be chosen by the pupils enrolled in high school within the charter school in accordance with policies and procedures prescribed by that governing body. The term of a pupil member shall be one year, commencing on July
1 of each year, except that the term of a pupil member may be adjusted only in cases where a vacancy occurs or to provide more pupils with an opportunity to serve on the governing body.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A pupil member shall be entitled to the mileage allowance to the same extent as regular governing body members, and may receive compensation, as specified pursuant to subparagraph (B).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The governing body of a charter school or of an entity managing multiple charter schools may award a pupil member either or both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Elective course credit based on the number of equivalent daily instructional minutes for the pupil member’s services provided.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Monthly financial compensation as determined by the governing body.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A pupil member shall be seated with the regular members of the governing body of a charter school or of an entity managing multiple charter schools, and shall be recognized as a full member of that governing body at the meetings, including receiving all open meeting materials presented to the governing body regular members at the same time the materials are presented to the other governing body regular members, being invited to staff briefings of governing body regular members, or being provided a separate staff briefing within the same timeframe as the staff briefing of other governing body regular members, being invited to attend other functions of that governing body, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A pupil member shall
also receive all materials received by other governing body regular members between open meetings, except for materials that pertain to closed session items.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The governing body of a charter school or of an entity managing multiple charter schools may authorize the pupil member or members to make restorative justice recommendations that may be considered by the governing body in closed session expulsion hearings. If the governing body authorizes pupil recommendations in expulsion hearings, then notwithstanding subparagraph (B), the governing body shall disclose limited case information that pertains to closed session items to the pupil member or members to allow the pupil member or members to make those recommendations.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Disclosure of case information to the pupil member or members pursuant to clause (i) shall be conditioned on the voluntary,
written consent of the pupil who is subject to the expulsion hearing and the pupil’s parent or guardian, and shall be consistent with federal and state privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) and any implementing federal regulations.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
A pupil member shall not be included in determining the vote required to carry any measure before the governing body of a charter school or of an entity managing multiple charter schools.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The pupil member shall not be liable for any acts of the governing body of a charter school or of an entity managing multiple charter schools.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
A majority vote of all voting governing body regular members shall be required to approve a motion to eliminate the pupil member position from the governing
body of a charter school or of an entity managing multiple charter schools. The motion shall be listed as a public agenda item for a meeting of the governing body before the motion being voted upon.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A pupil member of the governing body of a charter school or of an entity managing multiple charter schools shall not be considered a member of a legislative body or a local agency for purposes of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) or 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).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The governing body of a charter school or of an entity managing multiple charter schools that orders the inclusion of a pupil member within its governing body membership pursuant to paragraph (2) of subdivision
(b) shall do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notify the chartering authority of the charter school within 30 days of either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The inclusion of the pupil member.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Any subsequent change in the pupil membership.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The notification shall be in writing, include the name of the pupil member, the duration of the term of the pupil, and a copy of the approved pupil petition described in subdivision (b).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Include at the next charter renewal with the chartering authority, the inclusion of the pupil member as a change to the governing body of the charter school or of an entity managing multiple charter schools.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
As used in this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Pupil member” means a pupil member appointed pursuant to subdivision (b).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Regular member” means a governing body member nominated or appointed to the governing body of the charter school or of an entity managing multiple charter schools, consistent with Section 47605 or 47605.6, as applicable.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall prevail over any contrary provision in the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code), or between this section and a nonprofit public benefit corporation’s articles of incorporation or bylaws, relating to pupil members on the governing body of the charter school or of an entity managing
multiple charter schools. Nothing in this section otherwise alters, amends, or impairs the rights, duties, and obligations of a nonprofit public benefit corporation relating to the operation of a charter school.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_A965E4D4-A414-4436-BCBE-0033E87A44D6">
<ns0:Num>SEC. 55.</ns0:Num>
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Section 48306 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_392F21CE-6807-465A-A714-43FEB2CF883B">
<ns0:Num>48306.</ns0:Num>
<ns0:LawSectionVersion id="id_93F62FA6-6EE4-41B7-9552-172ECAA3EB48">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A school district of choice shall give first priority for attendance to siblings of children already in attendance in that school district.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A school district of choice shall give second priority for attendance to pupils eligible for free or reduced-price meals, and pupils who are foster youth or homeless children or youth.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A school district of choice shall give third priority for attendance to children of military personnel.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_AC07406F-48BB-4F68-A5D2-5D879486C6CB">
<ns0:Num>SEC. 56.</ns0:Num>
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Section 51225.7 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_1BA1C49F-3BC2-4A16-8780-61EC2575F9D6">
<ns0:Num>51225.7.</ns0:Num>
<ns0:LawSectionVersion id="id_9AABE9D2-2E0C-4E9B-89B2-8F0A5A0FB230">
<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"/>
“Local educational agency” means a school district, county office of education, or charter school.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Opt-out form” means a form developed by the Student Aid Commission that permits parents, legal guardians, a legally emancipated pupil, a pupil who is 18 years of age or older, or a local educational agency on a pupil’s behalf to not fill out a Free Application for Federal Student Aid or California Dream Act Application for any reason.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Outreach program” means a nonprofit entity that is exempt from taxation pursuant to Section 501(c)(3) of the United States
Internal Revenue Code or a public entity with experience in either or both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Assisting pupils with financial aid application completion.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Serving pupils who are eligible to submit a California Dream Act Application.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Pupil” means a pupil in grade 12 attending a high school maintained by a local educational agency.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Transcript-informed pupil accounts” means accounts available to grade 9 to 12, inclusive, pupils that use data provided to the California College Guidance Initiative by local educational agencies, in accordance with data specified in the California High School Transcript and Student Record Portability Standard, as acknowledged by the Office of Cradle-to-Career Data.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Universal basic pupil accounts” means accounts available on the CaliforniaColleges.edu platform for grade 6 to 12, inclusive, pupils that use data provided to the California College Guidance Initiative by the department that are not inclusive of courses and grades.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Commencing with the 2022–23 school year, except as provided in subdivisions (c) and (d), the governing body of a local educational agency shall confirm that a pupil complies with at least one of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The pupil completes and submits to the United States Department of Education a Free Application for Federal Student Aid.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the pupil is exempt from paying nonresident tuition pursuant to Section 68130.5, the pupil completes and submits to the Student Aid Commission a form
established pursuant to Section 69508.5 for purposes of the California Dream Act.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The parent or legal guardian of the pupil, or the pupil if the pupil is a legally emancipated minor or 18 years of age or older, may opt out of the requirements of this section by filling out and submitting an opt-out form, as defined in subdivision (a), to the local educational agency. The Student Aid Commission shall make the opt-out form available to all local educational agencies pursuant to subdivision (h).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the local educational agency determines that a pupil is unable to complete a requirement of this section, the local educational agency shall exempt the pupil or, if applicable, the pupil’s parent or legal guardian from completing and submitting a Free Application for Federal Student Aid, a form established pursuant to Section 69508.5 for purposes of the
California Dream Act, or an opt-out form pursuant to subdivision (c).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A local educational agency, before exempting the pupil or the pupil’s parent or legal guardian pursuant to paragraph (1), shall comply with both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Provide the information described in subparagraph (B) to the pupil through a meeting between a school counselor and the pupil or, if no school counselor is employed at the school, between the pupil and other school staff, through written material, or by other means of communication.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Provide, to the pupil’s parent or legal guardian or the pupil if the pupil is a legally emancipated minor or 18 years of age or older, the information described in subparagraph (B) and notification of the date by which the pupil will be opted out by the local educational
agency if no action is taken. This notice shall be provided with sufficient time for the parent or legal guardian or the pupil if the pupil is a legally emancipated minor or 18 years of age or older, to act before the local educational agency opts out the pupil.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The information to be provided, as required in subparagraph (A), shall be all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The purposes and benefits of the Free Application for Federal Student Aid or a form established pursuant to Section 69508.5, which include consideration for financial aid.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The consequences of not completing and submitting a Free Application for Federal Student Aid or a form established pursuant to Section 69508.5.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The option to complete a Free Application for Federal Student Aid or
a form established pursuant to Section 69508.5 after an opt-out form has been submitted.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the local educational agency exempts the pupil from having to complete the requirements of this section, the local educational agency shall complete and submit the opt-out form, as defined in subdivision (a), on the pupil’s behalf and notify the pupil’s parent or legal guardian of the pupil’s exemption.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The governing board or body of the local educational agency shall ensure both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The local educational agency directs each high school pupil and, if applicable, the pupil’s parent or legal guardian to any support and assistance services necessary to comply with the requirement described in subdivision (b) that may be available through outreach programs, including, but not limited to, those programs
operated by the Student Aid Commission, postsecondary immigration resource centers, college readiness organizations, community-based organizations, and legal resource organizations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Information shared by parents, legal guardians, and pupils under this section is handled in compliance with the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) and applicable state laws, including Chapters 493 and 495 of the Statutes of 2017, regardless of any person’s immigration status or other personal information, in order to protect all pupil and parent data to the fullest extent possible so that schools and all personal data remain safe.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
It is the intent of the Legislature that high school pupils have the support and assistance services to help pupils successfully complete and submit a Free Application for Federal Student Aid and the form established
pursuant to Section 69508.5 for purposes of the California Dream Act.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
On or before September 1, 2022, and each year thereafter, the Student Aid Commission and the department shall facilitate the completion of the Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act in the following manner:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The department shall share the current school year’s roster of pupils with the Student Aid Commission.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Student Aid Commission shall match the data described in paragraph (1) with a pupil’s application status based on the data possessed by the Student Aid Commission related to submission of the Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Student Aid Commission shall provide, to the extent permissible pursuant to state and federal law, the California College Guidance Initiative, described in Section 10861, with the data necessary, as determined by the California College Guidance Initiative, in consultation with the department, to inform the educator reports available through the CaliforniaColleges.edu platform to improve educator access to the information needed to determine whether each individual pupil has successfully completed and submitted their Free Application for Federal Student Aid or California Dream Act application.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Upon participation of a local educational agency in the California College Guidance Initiative’s implementation of transcript-informed accounts for pupils in grades 9 to 12, inclusive, on the CaliforniaColleges.edu platform, and to the extent permissible pursuant to state and federal
law, the California College Guidance Initiative shall provide pupil grade point average information necessary, for each participating pupil in the local educational agency, to ensure that each pupil successfully completes and submits their Free Application for Federal Student Aid or California Dream Act application, to the Student Aid Commission in accordance with the privacy requirements of the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The Student Aid Commission shall, on or before July 1, 2022, adopt regulations that include, but are not limited to, model opt-out forms and acceptable use policies for the purpose of providing guidance on the requirements relating to state law in paragraph (2) of subdivision (e). The Student Aid Commission shall post and make available any model opt-out forms and policies established pursuant to this subdivision on its internet website.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A pupil who does not fulfill the requirements of this section shall not be penalized or punished and this section shall not affect a pupil’s ability to graduate.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_DA4FC559-9DFD-4C67-BF09-61EF0B9EA81A">
<ns0:Num>SEC. 57.</ns0:Num>
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Section 51225.32 of the
<ns0:DocName>Education Code</ns0:DocName>
, as added by Section 4 of Chapter 37 of the Statutes of 2024, is amended and renumbered to read:
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<ns0:Fragment>
<ns0:LawSection id="id_F90F1EE3-C6CA-4A17-9EF5-4F26BF9C77E6">
<ns0:Num>51226.8.</ns0:Num>
<ns0:LawSectionVersion id="id_AD864D49-EE7C-4FB3-AA48-AADC908C2FFE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Instructional Quality Commission shall develop and recommend to the state board, for consideration and adoption by the state board, a curriculum guide and resources for a separate, stand-alone one-semester course in personal finance, that is not combined with any other course. On or before May 31, 2026, the state board shall adopt a curriculum guide and resources for a separate, stand-alone one-semester course in personal finance based on the Instructional Quality Commission’s recommendation. The curriculum guide and resources shall include all of, and only, the personal finance content specified in paragraphs (1) to (13), inclusive, of subdivision (a) of Section 51284.5.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In the event that the state board has not adopted a curriculum guide and
resources for a separate, stand-alone one-semester course in personal finance as of May 31, 2026, local educational agencies, including charter schools, shall locally develop the curriculum and resources to offer a separate, stand-alone one-semester course in personal finance meeting the requirements of clause (v) of subparagraph (H) of paragraph (1) of subdivision (a) of Section 51225.3 for approval by the governing board or body of the local educational agency, in order to meet the requirement to offer the separate, stand-alone one-semester course in personal finance as of the 2027–28 school year described in clause (iv) of subparagraph (H) of paragraph (1) of subdivision (a) of Section 51225.3.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The sum of three hundred thousand dollars ($300,000) is hereby appropriated from the General Fund to the Instructional Quality Commission for purposes of carrying out the duties required under subdivision (a).
</html:p>
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<ns0:Num>SEC. 58.</ns0:Num>
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Section 51255 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_3D971269-5620-4559-A59A-FF7D5D472D3C">
<ns0:Num>51255.</ns0:Num>
<ns0:LawSectionVersion id="id_CAF62919-7113-41D9-BBFA-C6BD4501FB63">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall establish a nonmonetary California Purple Star School Designation Program pursuant to this article in order to achieve both of the following goals:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Reduce the burden on military-connected pupils and their families by articulating the most critical transition supports for military-connected pupils and their families.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Publicly recognize and designate schools that meet certain requirements and signal which schools are the most committed and best equipped to meet military-connected pupils and their families’ unique needs.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall develop an application process that
provides annual opportunities for schoolsites to earn the Purple Star School designation by demonstrating compliance with the application criteria adopted pursuant to paragraph (2).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall adopt application criteria for schoolsites seeking the Purple Star School designation. The department shall consider including, as part of the application criteria, a requirement that a schoolsite do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Demonstrate an active status designation, as identified by the department on the department’s internet website.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Designate a staff member to serve as a point of contact, who shall act as a liaison between military families and the schoolsite, easing military-connected pupils’ enrollment and acclimation period, and assist with pupils’ graduation requirements.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Provide professional development opportunities to train staff on the unique considerations for, and needs of, military-connected pupils.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Develop a dedicated webpage on the schoolsite’s internet website with easily accessible information and resources for military-connected families.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Provide a transition program to welcome and socially acclimate incoming military-connected pupils. This transition program may be pupil led.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Provide programming and events to include, celebrate, and honor service members and military-connected pupils and families, including community members.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Once a schoolsite is awarded a Purple Star School designation, it shall
display its active status designation, as identified by the department, on the schoolsite’s internet website.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A Purple Star School designation shall be valid for three years, after which a schoolsite seeking to renew its designation shall reapply pursuant to subdivision (b).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department may request additional information to verify if a schoolsite that has earned a Purple Star School designation continues to adhere to the Purple Star School designation criteria adopted pursuant to paragraph (2) of subdivision (b).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) and (2), if the department finds that a schoolsite that has earned a Purple Star School designation ceases to comply with the criteria adopted pursuant to paragraph (2) of subdivision (b) during the three-year designation period, the
schoolsite shall lose the designation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A schoolsite that loses the designation pursuant to subparagraph (A) may reapply pursuant to subdivision (b).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Military-connected pupil” means a schoolage child who is either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A dependent of a current or former member of any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The United States military, serving in the United States Air Force, United States Army, United States Coast Guard, United States Marine Corps, United States Navy, or United States Space Force on active duty.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The California National Guard.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A reserve force of the United States military.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Was a dependent of a member of a military or reserve force described in subparagraph (A) who was killed in the line of duty.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Schoolsite” means a publicly funded school serving pupils in kindergarten or any of grades 1 to 12, inclusive.
</html:p>
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<ns0:Num>SEC. 59.</ns0:Num>
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Section 66023.4 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_7D24E9EA-1FF6-4B21-8D7E-73A65566B2B0">
<ns0:Num>66023.4.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
As used in this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Basic needs services and resources” includes, but is not limited to, housing, food, clothing, feminine hygiene, diapers, technology, childcare, and mental health services and resources.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Coordinator” means a basic needs coordinator established pursuant to this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Each campus of the California State University shall, and each campus of the University of California is requested to, do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
On or before July 1, 2025, establish the position of the Basic Needs Coordinator, and designate a staff person as the
Basic Needs Coordinator to serve as the single point of contact for students experiencing basic needs insecurity related to basic needs services and resources. The coordinator shall act as a broker in identifying, supporting, and linking students to on- and off-campus housing, food, mental health, and other basic needs services and resources. To ensure the effectiveness and impact of this position, the coordinator shall be a dedicated position solely focused on addressing the basic needs of students and meet qualifications such as experience providing services to high-need and diverse populations. The coordinator shall oversee and coordinate with other staff tasked with addressing students’ basic needs, shall inform students of on- and off-campus basic needs services and resources and how to access them, and shall develop on- and off-campus partnerships to provide basic needs services and resources to their students.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
On or before July 1, 2025, establish a Basic Needs Center, which means a central location on campus where basic needs services, resources, and staff are made available to students. The Basic Needs Center is intended to be a one-stop, single location and point of contact for students to more easily access and gain awareness of basic needs services and resources. The campus shall make a reasonable effort to locate all on-campus basic needs services and resources at the Basic Needs Center. If the campus cannot reasonably locate all basic needs services or resources at the Basic Needs Center, the campus shall provide students with the location and contact information, including name, telephone number, and email address, for all basic needs services and resources not located in the Basic Needs Center. The coordinator shall be housed in the Basic Needs Center.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Each Basic Needs Center shall do all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Help ensure that students have the information they need to enroll in CalFresh, the California Earned Income Tax Credit (CalEITC), the Young Child Tax Credit (YCTC), the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), and other relevant government benefits programs. This clause does not require campus Basic Needs Centers to provide tax advising or preparation services.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Coordinate with their campus financial aid department or financial aid office. This clause does not require nor encourage the Basic Needs Center to be combined or colocated with the financial aid department or financial aid office.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Connect students to the financial aid department or financial aid office as appropriate to ensure that students are receiving all available financial aid.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Coordinate with their local homelessness response system to refer students to community resources available to address homelessness in addition to services and resources provided by the campus.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Basic Needs Centers may provide support to students who can be reasonably expected to enroll in the upcoming term and to provide support to students during summer and winter breaks who were previously enrolled or are enrolled for the upcoming fall or spring term.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Campuses shall endeavor, to the extent feasible, to use a portion of any funds made available for basic needs support for providing funds directly to students to address urgent needs. To the extent that a Basic Needs Center is already in place, that center may be used to satisfy the requirements of this section. If the existing Basic Needs Center fulfills
only part of the requirements of this section, basic needs services and resources shall be expanded as needed to satisfy all the requirements of this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
On or before February 1, 2025, develop a document that shall be provided to students at the Basic Needs Center, once established pursuant to paragraph (2), in either electronic format or paper form, and that shall be made available to students online, that clearly lists on- and off-campus basic needs services and resources that includes, but is not limited to, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The description of the service or resource.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The location of where the service or resource is provided.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The point of contact for the service or resource, including a name,
telephone number, and email address.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Any eligibility restrictions on accessing the service or resource.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The United States Department of Agriculture’s Food and Nutrition Service’s “SNAP Retail Locator” internet website link, which contains a map with locations that are authorized retail food stores under the federal Supplemental Nutrition Assistance Program and accept the use of electronic benefits transfer cards issued pursuant to Chapter 3 (commencing with Section 10065) of Part 1 of Division 9 of the Welfare and Institutions Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Provide the document to students as a part of campus orientations in either electronic format or paper form.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Provide to faculty the online link to the electronic format of the document, the location of the
Basic Needs Center, once established pursuant to paragraph (2), and the contact information for the coordinator, once designated pursuant to paragraph (1), and encourage faculty to include the online link to the electronic format of the document, the location of the Basic Needs Center, and the contact information for the coordinator in their syllabi.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
To ensure that the document remains useful to students, the document shall be reviewed, updated, and made available online on both the internet website of the campus via the student basic needs tab and the internet website-based student account associated with a student’s attendance at the institution, as specified in paragraph (6), no later than the first day of every fall semester or fall quarter.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
On or before February 1, 2025, streamline the application and intake process for on-campus basic needs services and resources to
minimize duplication and eliminate barriers to access. If an application is required, develop and use a single application for students to receive on-campus basic needs services and resources.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
On or before February 1, 2025, develop and implement a plan to identify and provide outreach to students, including nontraditional students, who have basic needs insecurity related to housing, food, and mental health. Once the coordinator is designated pursuant to paragraph (1) and the Basic Needs Center is established pursuant to paragraph (2), the outreach shall include information about the coordinator and the Basic Needs Center.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
On or before February 1, 2025, provide a student basic needs tab that is clearly visible and easily accessible from a drop-down menu on the home page of the campus’ internet website and include the information described in paragraph (3) conspicuously on
both the internet website of the campus via the student basic needs tab and the internet website-based student account associated with a student’s attendance at the institution. Once the coordinator is designated pursuant to paragraph (1) and the Basic Needs Center is established pursuant to paragraph (2), information about the coordinator and Basic Needs Center shall also be included on both the internet website of the campus via the student basic needs tab and the internet website-based student account associated with a student’s attendance at the institution.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each campus of the California State University shall report to the office of the Chancellor of the California State University, and each campus of the University of California is requested to report to the office of the President of the University of California, information that shall include, but not be limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The description and number of basic needs services and resources, broken down by category.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The number of students served by the basic needs services and resources.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any existing and available data regarding the socioeconomic and demographic backgrounds of these students.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Challenges and best practices in the implementation of the basic needs services and resources.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Whether students who used the basic needs services and resources remained enrolled or graduated from that campus.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The number of students who first started receiving CalFresh benefits in the previous year and the total number of students in the
previous year who received CalFresh benefits, as provided by the State Department of Social Services.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Whether the campus has a data sharing agreement with the relevant county operating the CalFresh program for the purpose of identifying new, continuing, and returning students who are potentially eligible for CalFresh benefits, or efforts underway to enact such an agreement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The data and information reported under this subdivision shall be disaggregated by each basic needs service and resource, where applicable.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Campuses are encouraged to collaborate with the State Department of Social Services to obtain the data identified in paragraph (1), as applicable.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The office of the Chancellor of the California State
University shall, and the office of the President of the University of California is requested to, develop and submit to the Governor and the Legislature, on or before March 1 of each year from 2026 to 2030, inclusive, a report based on the data and information reported by campuses pursuant to paragraphs (1) and (2) of subdivision (c) and information on the use of funds made available from the Budget Act of 2022 to implement this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A legislative report that includes the information required to be reported in this subdivision and submitted in any of the years 2026 to 2030, inclusive, shall fulfill the reporting requirement pursuant to this subdivision to reduce duplicative efforts.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section does not preclude the California State University and the University of California from having additional basic needs staff who assist the Basic Needs Coordinator in
completing the requirements of subdivision (b).
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_41925522-CA33-4C01-A93B-6DE4D6A912AE">
<ns0:Num>SEC. 60.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'40.'%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'66023.5.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 66023.5 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_645367F9-2A7E-475E-AEE4-8F30C68204EC">
<ns0:Num>66023.5.</ns0:Num>
<ns0:LawSectionVersion id="id_4A56D6F5-524F-45C0-984A-3D26DE165CD0">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
As used in this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Basic needs services and resources” includes, but is not limited to, housing, food, clothing, feminine hygiene, diapers, technology, childcare, and mental health services and resources.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Coordinator” means a basic needs coordinator established pursuant to this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Each campus of the California Community Colleges shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
No later than July 1, 2022, establish the position of the Basic Needs Coordinator, and designate a staff person as the Basic Needs Coordinator to serve as the single point of contact
for students experiencing basic needs insecurity related to basic needs services and resources. The coordinator shall act as a broker in identifying, supporting, and linking students to on- and off-campus housing, food, mental health, and other basic needs services and resources. To ensure the effectiveness and impact of this position, the coordinator shall be a dedicated position solely focused on addressing the basic needs of students and meet qualifications such as experience providing services to high-need and diverse populations. The coordinator shall oversee and coordinate with other staff tasked with addressing students’ basic needs, shall inform students of on- and off-campus basic needs services and resources and how to access them, and shall develop on- and off-campus partnerships to provide basic needs services and resources to their students.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
No later than July 1, 2022, establish a Basic Needs Center,
which means a central location on campus where basic needs services, resources, and staff are made available to students. The Basic Needs Center is intended to be a one-stop, single location and point of contact for students to more easily access and gain awareness of basic needs services and resources. The campus shall make a reasonable effort to locate all on-campus basic needs services and resources at the Basic Needs Center. If the campus cannot reasonably locate all basic needs services or resources at the Basic Needs Center, the campus shall provide students with the location and contact information, including name, telephone number, and email address, for all basic needs services and resources not located in the Basic Needs Center. The coordinator shall be housed in the Basic Needs Center.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Each Basic Needs Center shall help ensure that students have the information they need to enroll in CalFresh, the California Earned Income Tax
Credit (CalEITC), the Young Child Tax Credit (YCTC), the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), and other relevant government benefits programs. Each Basic Needs Center shall coordinate with their campus financial aid department or financial aid office. This section does not require nor encourage the Basic Needs Center to be combined or colocated with the financial aid department or financial aid office. The funding made available by the Budget Act of 2021 to implement this section, or any subsequent Budget Act or statute to implement this section, shall not be used to combine or colocate the Basic Needs Center with the financial aid department or financial aid office and shall not be used for the administration of student financial aid programs, including staffing. Each Basic Needs Center shall connect students to the financial aid department or financial aid office as appropriate to ensure that students are receiving all available financial aid. Each Basic
Needs Center shall coordinate with their local homelessness response system to refer students to community resources available to address homelessness in addition to services and resources provided by the campus. Basic Needs Centers may provide support to students who can be reasonably expected to enroll in the upcoming term and to provide support to students during summer and winter breaks who were previously enrolled or are enrolled for the upcoming fall or spring term.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Campuses shall endeavor, to the extent feasible, to use a portion of any funds made available for basic needs support for providing funds directly to students to address urgent needs. To the extent that a Basic Needs Center is already in place, that center may be used to satisfy the requirements of this section. If the existing Basic Needs Center fulfills only part of the requirements of this section, basic needs services and resources shall be expanded as needed to
satisfy all the requirements of this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
No later than February 1, 2022, develop a document that shall be provided to students at the Basic Needs Center, once established pursuant to paragraph (2), in either electronic format or paper form, and that shall be made available to students online, that clearly lists on- and off-campus basic needs services and resources that includes, but is not limited to, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The description of the service or resource.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The location of where the service or resource is provided.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The point of contact for the service or resource, including a name, telephone number, and email address.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Any
eligibility restrictions on accessing the service or resource.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
On or before September 1, 2025, update the document developed pursuant to subparagraph (A) to include in the list of on- and off-campus basic needs services and resources the United States Department of Agriculture’s Food and Nutrition Service’s “SNAP Retail Locator” internet website link, which contains a map with locations that are authorized retail food stores under the federal Supplemental Nutrition Assistance Program and accept the use of electronic benefits transfer cards issued pursuant to Chapter 3 (commencing with Section 10065) of Part 1 of Division 9 of the Welfare and Institutions Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Provide the document to students as a part of campus orientations in either electronic format or paper form.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Provide to faculty the online link to
the electronic format of the document, the location of the Basic Needs Center, once established pursuant to paragraph (2), and the contact information for the coordinator, once designated pursuant to paragraph (1), and encourage faculty to include the online link to the electronic format of the document, the location of the Basic Needs Center, and the contact information for the coordinator in their syllabi.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
To ensure that the document remains useful to students, the document shall be reviewed, updated, and made available online on both the internet website of the campus via the student basic needs tab and the internet website-based student account associated with a student’s attendance at the institution, as specified in paragraph (6), no later than the first day of every fall and spring semester or no later than the first day of every fall and spring quarter.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
No later
than February 1, 2022, streamline the application and intake process for on-campus basic needs services and resources to minimize duplication and eliminate barriers to access. If an application is required, develop and use a single application for students to receive on-campus basic needs services and resources.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
No later than February 1, 2022, develop and implement a plan to identify and provide outreach to students, including nontraditional students, who have basic needs insecurity related to housing, food, and mental health. Once the coordinator is designated pursuant to paragraph (1) and the Basic Needs Center is established pursuant to paragraph (2), the outreach shall include information about the coordinator and the Basic Needs Center.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
No later than February 1, 2022, provide a student basic needs tab that is clearly visible and easily accessible from a drop-down menu
on the home page of the campus’ internet website and include the information described in paragraph (3) conspicuously on both the internet website of the campus via the student basic needs tab and the internet website-based student account associated with a student’s attendance at the institution. Once the coordinator is designated pursuant to paragraph (1) and the Basic Needs Center is established pursuant to paragraph (2), information about the coordinator and Basic Needs Center shall also be included on both the internet website of the campus via the student basic needs tab and the internet website-based student account associated with a student’s attendance at the institution.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each campus of the California Community Colleges shall report to the office of the Chancellor of the California Community Colleges information that shall include, but not be limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The description and number of basic needs services and resources, broken down by category.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The number of students served by the basic needs services and resources.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any existing and available data regarding the socioeconomic and demographic backgrounds of these students.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Challenges and best practices in the implementation of the basic needs services and resources.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Whether students who used the basic needs services and resources remained enrolled or graduated from that campus.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The number of students who first started receiving CalFresh benefits in the previous year and the total number of students in the
previous year who received CalFresh benefits, as provided by the State Department of Social Services.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Whether the campus has a data sharing agreement with the relevant county operating the CalFresh program for the purpose of identifying new, continuing, and returning students who are potentially eligible for CalFresh benefits, or efforts underway to enact such an agreement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The data and information reported under this subdivision shall be disaggregated by each basic needs service and resource, where applicable.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Campuses are encouraged to collaborate with the State Department of Social Services to obtain the data identified in paragraph (1), as applicable.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The office of the Chancellor of the California Community
Colleges shall develop and submit to the Governor and the Legislature every year beginning on or before May 1, 2023, a report based on the data and information reported by campuses pursuant to paragraphs (1) and (2) of subdivision (c) and information on the use of funds made available from the Budget Act of 2022 to implement this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A legislative report that includes the information required to be reported in this subdivision and submitted in any of the years required by paragraph (1) shall fulfill the reporting requirement pursuant to this subdivision to reduce duplicative efforts.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_096A0C5A-4872-4CB8-8E26-CF58B893057E">
<ns0:Num>SEC. 61.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'40.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'7.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'66076.2.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 66076.2 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_751C1986-DEBE-4FBE-87AE-C1B3124AB275">
<ns0:Num>66076.2.</ns0:Num>
<ns0:LawSectionVersion id="id_BFBA6E5C-2938-4A65-9A73-FBBA928091CA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Designation of California Black-Serving Institutions is hereby established to recognize colleges and universities that excel at providing academic resources to Black and African American students enrolled in degree or certificate programs offered by colleges and universities. This designation shall only be awarded to qualifying applicants by a two-thirds vote of approval by the governing board members who are present for the vote.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An initial designation awarded pursuant to this article shall be valid for five academic years. Thereafter, a recipient may submit an application for renewal. A renewal designation awarded pursuant to this article shall be valid for five years.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An applicant
is eligible for designation pursuant to this article if the applicant meets all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Has at least 10 percent of the college’s or university’s enrolled student population identifying as Black and African American students, or has at least 1,500 Black and African American students enrolled at the college or university.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Submits an initial or renewal application, as applicable, to the managing entity on or before the applicable application deadline established by the managing entity pursuant to Section 66076.3.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Meets either of the following, as applicable:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Submits an initial application that complies with subdivision (d).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Submits a renewal
application that complies with subdivision (e).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Posts the initial or renewal application submitted pursuant to subparagraph (A) or (B) of paragraph (3), as applicable, on the applicant’s internet website.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An initial application shall include, but not be limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A certification, in writing, by the chief administrative officer of the college or university, of the applicant’s commitment to address Black and African American student success that is consistent with the applicant’s mission.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Academic goals for the applicant to achieve within the five-year period in which the initial designation awarded pursuant to this article shall be valid. The goals described in this paragraph shall improve retention, time-to-degree
or time-to-certificate completion, and graduation rates of Black and African American students based on the data submitted by the applicant pursuant to paragraph (5) or (6), as applicable, within the five-year period in which the initial designation shall be valid.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Academic equity goals for the applicant to achieve within the five-year period in which the initial designation awarded pursuant to this article shall be valid. The goals described in this paragraph shall reduce the academic equity gaps in the retention, time-to-degree or time-to-certificate completion, and graduation rates between the applicant’s Black and African American students and the overall student population based on data submitted by the applicant pursuant to paragraph (5) or (6), as applicable.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A strategic plan for the five-year period in which the initial designation awarded pursuant to this article
shall be valid on how the applicant intends to meet the academic goals and academic equity goals submitted pursuant to paragraphs (2) and (3). The strategic plan shall include, but not be limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A mission statement that addresses the applicant’s commitment to serve Black and African American students.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Outreach services to Black and African American students to encourage them to enroll at the college or university.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Academic and basic needs support services to assist in the academic success of Black and African American students. Support services described in this subparagraph may include campus affinity centers and corequisite coursework or concurrent support activities.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An outline of the planned allocation of
resources during the five-year period in which the initial designation awarded pursuant to this article shall be valid, to ensure that the strategic plan described in this paragraph can be implemented.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
An outline of how the applicant will use existing resources to provide culturally-relevant professional development to the applicant’s faculty and staff.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A four-year college or university applicant shall submit, in its application, graduation rates for the previous three academic years for all students, and for Black and African American students, within the normal time and up to 150 percent of the normal time to degree completion, yield, retention, and graduation rate.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A community college applicant shall submit, in its application, all of the following for the previous three academic years:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The number of degree and certificate programs completed by all students, and by Black and African American students.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The number of all students, and of Black and African American students, who completed degree and certificate programs within normal time and up to 300 percent of normal time to degree completion, yield, retention, and graduation rate.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The student transfer rates for all students, and for Black and African American students, to four-year colleges and universities.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A description of campus resources to promote a campus of equity and inclusion for Black and African American students.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A renewal application shall include, but not be limited to, all of the
following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Either of the following, as applicable:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An applicant seeking renewal upon expiration of an initial designation awarded pursuant to this article shall resubmit the application it submitted to receive that initial designation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An applicant seeking renewal upon expiration of a renewal designation awarded pursuant this article shall resubmit the application it submitted to receive that previous renewal designation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Demonstration of the applicant’s progress to achieve the academic goals and academic equity goals provided in the application submitted pursuant to paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Demonstration of the applicant’s progress to implement the strategic plan provided in the
application submitted pursuant to paragraph (1).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Any changes made by the applicant to either of the following items provided in the application submitted pursuant to paragraph (1):
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The mission statement in the strategic plan that addresses the applicant’s commitment to serve Black and African American students.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The description of campus resources to promote a campus of equity and inclusion for Black and African American students.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A certification, in writing, by the chief administrative officer of the college or university, of the applicant’s continual commitment to address Black and African American student success that is consistent with the applicant’s mission.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Academic goals for the applicant to achieve within the five-year period in which the renewal designation shall be valid. The goals described in this paragraph shall improve retention, time-to-degree or time-to-certificate completion, and graduation rates of Black and African American students based on the data submitted by the applicant pursuant to paragraph (9) or (10), as applicable, within the five-year period in which the renewal designation shall be valid.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Academic equity goals for the applicant to achieve within the five-year period in which the renewal designation shall be valid. The goals described in this paragraph shall reduce the academic equity gaps in the retention, time-to-degree or time-to-certificate completion, and graduation rates between the applicant’s Black and African American students and the overall student population based on data submitted by the applicant pursuant to paragraph (9) or (10), as
applicable.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A strategic plan for the five-year period in which the renewal designation shall be valid on how the applicant intends to meet the academic goals and academic equity goals submitted pursuant to paragraphs (6) and (7). The strategic plan shall include, but not be limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Outreach services to Black and African American students to encourage them to enroll at the college or university.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Academic and basic needs support services to assist in the academic success of Black and African American students. Support services described in this subparagraph may include campus affinity centers and corequisite coursework or concurrent support activities.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An outline of the planned allocation of resources for the
five-year period in which the renewal designation shall be valid, to ensure that the strategic plan described in this paragraph can be implemented.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An outline of how the applicant will use existing resources to provide culturally-relevant professional development to the applicant’s faculty and staff.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
A four-year college or university applicant shall submit, in its application, graduation rates for the previous five academic years for all students, and for Black and African American students, within the normal time and up to 150 percent of normal time to degree completion, yield, retention, and graduation rate.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
A community college campus shall submit, in its application, all of the following for the previous five academic years:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The
number of degree and certificate programs completed by all students, and by Black and African American students.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The number of all students, and of Black and African American students, who completed degree and certificate programs within normal time and up to 300 percent of normal time to degree completion yield, retention, and graduation rate.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The student transfer rates for all students, and for Black and African American students, to four-year colleges and universities.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If an applicant’s renewal application is denied by the governing board, the applicant may only submit an application to receive an initial designation pursuant to this article.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), an applicant described in paragraph
(1) may submit an application for a renewal designation following the award of a subsequent initial designation by the governing board pursuant to this article.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
An applicant is encouraged to inform and consult with the academic senate of the college or university on the applicant’s initial and renewal applications prepared pursuant to this article.
</html:p>
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<ns0:BillSection id="id_950D3269-B3B3-4D9B-8C92-15DBDE0D4B65">
<ns0:Num>SEC. 62.</ns0:Num>
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Section 66270.7 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_A3177D13-CE7A-4866-BEC6-B4BDBEF360F9">
<ns0:Num>66270.7.</ns0:Num>
<ns0:LawSectionVersion id="id_D8EDC646-02D1-4408-85E8-633B8548B708">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
As used in this section “hostile environment” means unwelcomed conduct based on a person’s actual or perceived race, color, ethnicity, national origin, religion, or disability status, that based on the totality of circumstances, is subjectively and objectively offensive, and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from a campus’s education program or activity.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Trustees of the California State University and the Regents of the University of California have the primary responsibility to prevent and address conduct that either creates a hostile environment for students on campus, or results in differential treatment of students on campus
<html:b/>
based on a student’s actual or perceived race, color,
ethnicity, national origin, religion, or disability status.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Trustees of the California State University shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Adopt rules and procedures in the student codes of conduct to provide all of the following elements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Prohibit violent, harassing, intimidating, or discriminatory conduct that creates a hostile environment on campus.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Prohibit conduct that limits or denies a person’s ability to participate in or benefit from the free exchange of ideas or the educational mission of the California State University.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Establish reasonable content-neutral time, place, and manner restrictions, and, if applicable, any advance permitting requirements for
protests on campus.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Adopt rules and procedures to take reasonable steps to respond to each incident described in subparagraphs (A) and (B) of paragraph (1) that creates a hostile environment on campus.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Require each campus to publish on the campus’s internet website the time, place, and manner restrictions, and any advance permitting requirements for protests on campus.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Develop mandatory training programs to educate students on all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
What constitutes violent, harassing, intimidating, or discriminatory conduct that creates a hostile environment on campus, and the procedures for investigating violations of the student code of conduct.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
When and where
protests and gatherings may be held, including the difference between public fora, limited public fora, nonpublic fora, and private property, consistent with the First Amendment to the United States Constitution and Section 2 of Article I of the California Constitution.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
How to exchange views in an atmosphere of mutual respect and civility.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Require, as a condition of enrollment at a California State University campus, each student attending the campus to acknowledge the campus’s student code of conduct.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Trustees of the California State University and each California State University campus shall ensure that any policy adopted or enforced pursuant to this section, as applicable, is consistent with the First Amendment to the United States Constitution, Section 2 of Article I of the California
Constitution, and Title VI of the federal Civil Rights Act of 1964 (42 U.S.C. Sec. 2000d et seq.).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before January 2, 2025, and annually thereafter, the Trustees of the California State University shall submit a report to the Legislature on the implementation and administration of this section. This report shall include information on student code of conduct violations relating to incidents described in subparagraphs (A) and (B) of paragraph (1) of subdivision (c).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The University of California is requested to comply with this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section is intended to be interpreted consistent
with the First Amendment to the United States Constitution and Section 2 of Article I of the California Constitution.
</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>
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<ns0:BillSection id="id_686C248E-F5DF-448F-96C2-FE0FB29CAB1D">
<ns0:Num>SEC. 63.</ns0:Num>
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Section 66280.5 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_8B44C2FB-AB4A-4AB9-946C-AD4D40E03114">
<ns0:Num>66280.5.</ns0:Num>
<ns0:LawSectionVersion id="id_F702A299-F728-401A-A579-A02619A2ABD5">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, in order to be in compliance with Section 66270, the University of California shall do both of the following on or before July 1, 2026:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Designate a systemwide Office of Civil Rights for the purpose of ensuring campus programs and activities are free from sex discrimination. The office shall be led by the systemwide civil rights officer designated pursuant to paragraph (2), who shall report on a periodic basis to the President of the University of California and the Regents of the University of California about the status of the implementation of the systemwide nondiscrimination policies pursuant to this section. The systemwide civil rights officer shall be responsible for coordinating the system’s implementation of and
compliance with the systemwide nondiscrimination policies established pursuant to this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Establish the position of, and designate a staff person as, the systemwide civil rights officer to monitor the system’s compliance with Section 66292.2. The systemwide civil rights officer shall have the experience, training, and expertise necessary to coordinate and carry out the requirements of the systemwide Office of Civil Rights pursuant to this section, and to, if necessary, recruit, hire, and train personnel to carry out the requirements of this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The systemwide Office of Civil Rights established pursuant to paragraph (1) of subdivision (a) shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Identify and maintain a single, systemwide nondiscrimination policy for the entire system. The policy shall incorporate state
and federal law pertaining to the prevention of sex discrimination, including, but not limited to, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.) and Sections 66281.4, 66281.5, 66281.8, 67385, 67385.7, and 67386.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In accordance with the policy identified and maintained pursuant to paragraph (1), develop and implement a grievance procedure for prompt and equitable processing, adjudication, and resolution of all complaints of sex discrimination filed by students, faculty, or staff in which the respondent is any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A campus chancellor.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A campus Title IX coordinator.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An employee of the office of the President of the University of California.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A member of the Regents of the University of California.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The President of the University of California.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Oversee the adjudication of any complaints described in paragraph (2) in accordance with the systemwide nondiscrimination policy identified and maintained pursuant to paragraph (1).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Oversee the annual training for personnel in Title IX offices on a campus of the University of California.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Establish and serve as a resource for the implementation of best practices guidance for the prevention of sex discrimination and the adjudication of complaints of sex discrimination as required by the systemwide nondiscrimination policy identified and maintained pursuant to paragraph (1).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Conduct a compliance review, at least once every five years, of each campus of the University of California to determine whether they are complying with the systemwide nondiscrimination policy identified and maintained pursuant to paragraph (1) and the best practices established pursuant to paragraph (5).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The compliance reviews conducted pursuant to subparagraph (A) shall be presented during a public session of the Regents of the University of California in the year the review is completed and shall be made public on the internet website of the regents and on the campus internet website.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Establish a range of disciplinary sanctions for respondents who are students, faculty, or staff of the system and who are found to have violated the system’s nondiscrimination policy.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Annually assess whether the systemwide Office of Civil Rights requires additional staffing or resources to comply with this section, and, if required, make a request for the additional staffing or resources in compliance with the policies established by the system for making budgetary requests.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding Section 67400, this section shall apply to the University of California.
</html:p>
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<ns0:BillSection id="id_3F1C9EEF-C78E-4317-92AD-47554FC940C7">
<ns0:Num>SEC. 64.</ns0:Num>
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Section 66308 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>66308.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Beginning January 1, 2026, a former, current, or prospective student, against whom hazing is directed and who has suffered injury as a result, may commence a civil action for damages. In addition to bringing an action against any participants in the hazing or the organization pursuant to subdivision (e) of Section 245.6 of the Penal Code, an action may be brought against any educational institution for the hazing practice of the organization involving one or more students if all of the following apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The educational institution had direct involvement in the hazing practice of the organization, or knew or should have known of the hazing practice and failed to take reasonable steps to prevent the hazing practice of the organization.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
At the time of the alleged hazing incident, the organization involved in the hazing is affiliated with the educational institution.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The alleged hazing incident occurred on or after January 1, 2026.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of paragraph (1) of subdivision (a), there shall be a rebuttable presumption that an educational institution took reasonable steps to prevent the hazing practice of the organization if the educational institution has all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Rules and regulations governing student behavior that include a prohibition on hazing, anonymous reporting of hazing incidents, and disciplinary actions for the violation of the hazing prohibition.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Procedures by which all students are informed of the rules and regulations, with applicable penalties, and any revisions to the rules and regulations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Rules and regulations governing employee behavior that include a prohibition on hazing and disciplinary actions for the violation of the hazing prohibition.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Procedures by which all employees are informed of the rules and regulations, with applicable penalties, and any revisions to the rules and regulations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A comprehensive prevention and outreach program addressing hazing. The comprehensive prevention program shall include components on identifying hazing, hazing prevention, and bystander intervention strategies. An outreach program shall be provided to inform students of the educational
institution’s policy on the prohibition on hazing, and, at a minimum, include a process for contacting and informing the student body, athletic programs, and affiliated student organizations about the educational institution’s overall prohibition on hazing policy. For purposes of this paragraph, “comprehensive prevention and outreach program” includes, but is not limited to, providing information to students about all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Hazing awareness, prevention, and the educational institution’s policy on the prohibition on hazing.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Campus policies and resources relating to hazing, including how to report hazing to the appropriate campus personnel, which includes anonymous reporting.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A focus on prevention and bystander intervention training as it relates to hazing.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The comprehensive prevention and outreach program to address hazing shall be part of every incoming student’s orientation and shall be offered annually to the following campus-affiliated organizations:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Athletic teams.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Affiliated sororities and fraternities.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding the provisions of this section, nothing in this section affects existing rights, obligations, and remedies under Section 245.6 of the Penal Code.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The duties and obligations imposed by this chapter are cumulative with any other duties or obligations imposed under any other law and shall not be construed to relieve any party from any duties or obligations imposed under any other law, and do not limit any
rights or remedies under existing law.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_D945BEE1-2A07-473C-975E-3E28BFDF0FD7">
<ns0:Num>SEC. 65.</ns0:Num>
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Section 66749.81 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_3B527C7C-417C-44DB-9BA8-8B3F6D3E4849">
<ns0:Num>66749.81.</ns0:Num>
<ns0:LawSectionVersion id="id_C9AD0DF9-7E85-4BC3-A0E0-BE6F2726D82D">
<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"/>
“ADT” means associate degree for transfer.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Four-year postsecondary educational institution” means a campus of the University of California or the California State University or an independent institution of higher education defined in subdivision (b) of Section 66010.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“STEM” means science, technology, engineering, and mathematics.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“TMC” means transfer model curriculum, or transfer model curricula, as appropriate.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The 60-unit lower division maximum requirement shall be retained for an ADT, with the exception of paragraph (2).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For STEM major pathways identified as high-unit STEM pathways by the Associate Degree for Transfer Intersegmental Implementation Committee established pursuant to Section 66749.8, ADT pathways may be established that contain up to, but no more than, 66 units of lower division coursework, and require the submission of clear evidence and rationale for the one to six additional units of lower division coursework proposed during the TMC approval process. This clear evidence and rationale shall include both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An explanation of which proposed additional units do not fit within the 60-unit lower division maximum requirement for ADT pathways.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An explanation of the need
for one to six additional units to be added to the lower division coursework to earn an ADT that fall within the academic major preparation for the TMC.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The clear evidence and rationale described in paragraph (2) shall first be reviewed by the Intersegmental Curriculum Council, and then reviewed by the office of the Chancellor of the California Community Colleges.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The clear evidence and rationale described in paragraph (2) shall be posted publicly on the internet website of the office of the Chancellor of the California Community Colleges.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before January 1, 2025, TMC drafts shall be submitted to the office of the Chancellor of the California Community Colleges for the high-unit STEM pathways of biology, chemistry, computer science, engineering, environmental science,
mathematics, and physics for the purposes of meeting admissions eligibility to both the California State University and the University of California segments, and other four-year institutions that choose to participate in the ADT, such as members of the Association of Independent California Colleges and Universities and Historically Black Colleges and Universities currently engaged with the office of the Chancellor of the California Community Colleges. Where a single TMC to both the University of California and the California State University is not possible, clear evidence and rationale explaining why separate TMCs are needed shall be required and submitted to the office of the Chancellor of the California Community Colleges, the office of the Chancellor of the California State University, and the office of the President of the University of California. This clear evidence and rationale shall include, but is not limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The additional courses and units that determine a single TMC is not possible.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The programs and campuses of the California State University and the University of California that determine a single TMC is not possible.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Data on transfer student enrollment, retention, progression, and success outcomes where available within each system that demonstrate the need for separate TMCs.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The clear evidence and rationale described in paragraph (1) shall be posted publicly on the internet website of the office of the Chancellor of the California Community Colleges.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Within 18 months of the creation of California Community Colleges Chancellor’s Office templates for a new TMC, or the approval of revisions to an
existing TMC, community colleges shall create an ADT for each TMC adopted in every major and area of emphasis offered by the community college pursuant to subdivision (c).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Within 12 months of the approval of a TMC pursuant to paragraph (1), each California State University campus shall determine similarity of the TMC to a baccalaureate degree in a similar major to the TMC. University of California and Association of Independent California Colleges and Universities campuses are encouraged to identify those TMCs that fulfill major preparation requirements for guaranteed transfer admission with an ADT.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For the purposes of determining similarity pursuant to paragraph (2), after a TMC is created or revised for a major, each California State University campus shall determine if there is a baccalaureate degree in a similar major to the TMC. This determination of similarity shall
ensure that students who earn the ADT, that is created under the parameters of that TMC, are guaranteed admission in that similar major at one of the California State University campuses offering that major and shall be required to complete no more than 60 units after transfer to earn the baccalaureate degree that is deemed similar to the major of the ADT if the student stays on that ADT pathway.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Transparency concerning the membership and composition of the faculty discipline review groups and other intersegmental curriculum groups is required as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For each faculty discipline review group, the Academic Senate for California Community Colleges shall regularly report to the office of the Chancellor of the California Community Colleges, and the Academic Senate of the California State University shall regularly report to the office of the Chancellor of the California
State University, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The total number of faculty members serving on each faculty discipline review group, including all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The number of faculty members who work as instructional faculty for a California community college.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The number of faculty members who work as instructional faculty for a California State University campus.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The number of faculty members who work as instructional faculty for a University of California campus.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The number of faculty members who work as instructional faculty for an independent institution of higher education, as defined in subdivision (b) of Section 66010.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The names of each faculty member serving on a faculty discipline review group.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The postsecondary educational institution where each faculty member serving on a faculty discipline review group works as an instructional faculty member.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The academic disciplines in which each faculty member serving on a faculty discipline review group provides classroom instruction at a postsecondary educational institution.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The office of the Chancellor of the California Community Colleges and the office of the Chancellor of the California State University shall regularly update their internet websites to reflect the membership and composition of the segment’s faculty members serving on faculty discipline review groups pursuant to paragraph
(1).
</html:p>
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<ns0:BillSection id="id_25FFF162-1A4A-48BD-95B0-2793516B6D57">
<ns0:Num>SEC. 66.</ns0:Num>
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Section 69996.9 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_BA450D7B-3074-4296-92A4-04DC16C51303">
<ns0:Num>69996.9.</ns0:Num>
<ns0:LawSectionVersion id="id_8D24FE97-7116-4394-9E4C-1C558A93C2ED">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For the 2021–22 fiscal year, through the program, all of the following shall occur:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Each pupil enrolled in grades 1 to 12, inclusive, on the State Department of Education’s official census day in the 2021–22 fiscal year who meets the requirements to be considered an unduplicated pupil for purposes of paragraph (2) of subdivision (b) of Section 2574 or paragraph (1) of subdivision (b) of Section 42238.02 and who is enrolled at a school district, public charter school, state special school, or other local educational agency, shall have a KIDS Account established on the pupil’s behalf, unless the pupil’s KIDS Account has already been established pursuant to Section 69996.3, and shall receive an enhanced deposit into the pupil’s KIDS
Account in the amount of five hundred dollars ($500).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In addition to the amount allocated pursuant to subparagraph (A), the KIDS Account of each eligible pupil who is also a foster youth, as defined under subdivision (b) of Section 42238.01, shall receive an enhanced deposit of an additional five hundred dollars ($500).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
In addition to the amount allocated pursuant to subparagraphs (A) and (B), the KIDS Account of each eligible pupil who is also a homeless pupil meeting the definition of “homeless children and youths” in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)) shall receive an enhanced deposit of an additional five hundred dollars ($500).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Commencing with the 2022–23 fiscal year, through the program, all of the following shall occur:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Each pupil who meets all of the following conditions shall have a KIDS Account opened on their behalf, unless their account has already been established pursuant to Section 69996.3, and shall receive an enhanced deposit into their KIDS Account in the amount of five hundred dollars ($500):
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The pupil is enrolled in first grade on the State Department of Education’s official census day in the applicable fiscal year.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The pupil meets the requirements to be considered an unduplicated pupil for purposes of paragraph (2) of subdivision (b) of Section 2574 or paragraph (1) of subdivision (b) of Section 42238.02.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The pupil is enrolled at a school district, public charter school, state special school, or other local educational agency.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In addition to the amount allocated pursuant to subparagraph (A), the KIDS Account of each pupil who meets the requirements of subparagraph (A) and is also a foster youth, as defined under subdivision (b) of Section 42238.01, shall receive an enhanced deposit of an additional five hundred dollars ($500).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
In addition to the amount allocated pursuant to subparagraphs (A) and (B), the KIDS Account of each pupil who meets the requirements of subparagraph (A) and is also a homeless pupil under the definition of “homeless children and youths” in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)) shall receive an enhanced deposit of an additional five hundred dollars ($500).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For pupils for whom a KIDS Account has already been established pursuant to
Section 69996.3 and who are also eligible for an enhanced deposit pursuant to this paragraph, the enhanced deposit shall be deposited in the KIDS Account in which funding for that pupil is currently held.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Commencing with the 2025–26 fiscal year, and subject to an appropriation by the Legislature, through the program, both of the following shall occur:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
Each pupil who is a foster youth, as defined under subdivision (b) of Section 42238.01, and is enrolled in any of grades 1 to 12, inclusive, at a school district, public charter school, state special school, or other local educational agency, shall have a KIDS Account opened on their behalf, unless their account has already been established pursuant to Section 69996.3, and shall receive an enhanced deposit of an additional five hundred dollars ($500).
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Each foster youth pupil described in subclause (I) who did not previously receive a deposit pursuant to either subparagraph (A) of paragraph (1), or subparagraph (A) of paragraph (2), shall further receive an enhanced deposit of five hundred dollars ($500) in addition to the deposit pursuant to subclause (I).
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Upon receiving an enhanced deposit pursuant to subclause (I) or (II) in any fiscal year, a pupil shall not be eligible for an enhanced deposit pursuant to subclause (I) or (II) in any subsequent fiscal year.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For pupils for whom a KIDS Account has already been established pursuant to Section 69996.3 and who are also eligible for an enhanced deposit pursuant to this subparagraph, the enhanced deposit shall be deposited in the KIDS Account in which funding for that pupil is currently held.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph shall become inoperative on January 1, 2029.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A pupil who receives an enhanced deposit into their KIDS Account pursuant to paragraph (1) or (2) may only have one enhanced deposit made into their existing or newly established KIDS Account pursuant to this article, except as provided for in subparagraph (B). A pupil shall not have more than one KIDS Account established for them pursuant to this article.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), a pupil who receives an enhanced deposit into their KIDS Account pursuant to subparagraph (A) or (C) of paragraph (1), or a pupil who receives an enhanced deposit pursuant to subparagraph (A) or (C) of paragraph (2), may also receive enhanced deposits pursuant to paragraph (3).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The board shall collaborate with the State Department of Education, or other relevant governmental agencies, to identify eligible pupils for the purpose of establishing KIDS Accounts or making an enhanced deposit into existing KIDS Accounts pursuant to this section. To the extent feasible, the State Department of Education shall annually provide necessary data using census day data in a secure manner for the board to fulfill its obligations pursuant to this article, including, but not necessarily limited to, eligible pupils’ names, pupil identification, birth dates, grade levels, contact information of parents or legal guardians, and eligibility information. For purposes of this subdivision, the information received by the board shall be considered necessary to facilitate the establishment or enhancement of KIDS Accounts, or the establishment of a notification process for parents or legal guardians of eligible pupils.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The board shall comply with federal and state laws to protect individual privacy, including, but not limited to, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) and all of the following federal statutes:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The Family Educational Rights and Privacy Act of 1974 (Public Law 93-380, as amended).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, as amended).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The Higher Education Act of 1965 (Public Law 89-329, as amended).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding any other law, individual records or source data associated with the establishment of a KIDS Account pursuant to this article
shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Legislature finds and declares that undocumented persons are eligible for KIDS Accounts within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
It is the intent of the Legislature to appropriate state funding in the annual Budget Act to support the establishment of a KIDS Account for any eligible pupil who meets, or could meet in a future year, the requirements to be exempt from nonresident tuition pursuant to subdivision (a) of Section 68130.5.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For the 2023–24 and 2024–25 fiscal years, the board shall partner with the Los Angeles Unified School District and the Riverside County Office
of Education, including the 23 school districts in the County of Riverside, to explore ways to increase participation in the KIDS Program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
As permissible under federal and state data privacy and data security laws, the board shall provide the local educational agencies specified in paragraph (1) with the statewide student identifiers of pupils within their respective jurisdictions who have not yet engaged with the KIDS Account established on their behalf commencing with the 2021–22 fiscal year. The board shall provide data at least three times per year to the extent feasible. Upon receipt of this data, the local educational agencies shall be responsible for complying with all applicable federal and state data privacy and data security laws relating to pupil record information.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The board shall comply with federal and state laws to protect individual privacy, including, but
not limited to, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) and all of the following federal statutes:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The Family Educational Rights and Privacy Act of 1974 (Public Law 93-380, as amended).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, as amended).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The Higher Education Act of 1965 (Public Law 89-329, as amended).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
On or before September 30, 2025, the board, in collaboration with the local educational agencies specified in paragraph (1), shall submit a report to the Department of Finance and the Legislature, pursuant to Section 9795 of the Government Code. The report shall include, at
a minimum, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The number of KIDS Program participants within the jurisdictions of the partnering local educational agencies that have registered on the program’s online portal and the number that have linked their KIDS Account to a Scholarshare 529 account.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The number of KIDS Program participants within the jurisdictions of the partnering local educational agencies that have requested a distribution of funds for qualified higher education expenses and the total amount of those payments.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A comparison of the rates specified in clauses (i) and (ii) with the rates of KIDS Program participants statewide.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
As provided by the partnering local educational agencies, a description of the outreach strategies they implemented
that were aimed at increasing participation in the KIDS Program, along with any information available on the direct impact of each of those strategies.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Recommendations for improving KIDS Program structure and outreach in collaboration with local educational agencies.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The board may include this information in its annual report on the KIDS Program pursuant to subdivision (c) of Section 69996.6.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
This subdivision shall become inoperative on July 1, 2025.
</html:p>
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<ns0:BillSection id="id_86CFE8E4-509A-45B9-987D-D92F07E35AB6">
<ns0:Num>SEC. 67.</ns0:Num>
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Section 76303 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_0C1ED47C-D70C-4C6B-AD33-3600C8F41FFA">
<ns0:Num>76303.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
The governing board of the West Valley-Mission Community College District may adopt a policy that uses local unrestricted general funds to provide fee waivers to students with the greatest financial need, as determined by the community college district, when other fee waivers are not provided to those students. The policy shall include a requirement to prepare a fiscal impact statement, including a three-year projection of the fiscal impact of the fee waiver on the community college district. The fiscal impact statement shall be presented at a public meeting of the governing board of the community college district and made available to the public.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In addition to funding received pursuant to subdivision (b) of Section 76396, the West Valley-Mission Community
College District may use local unrestricted general funds to provide assistance to students for the total cost of attendance.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The West Valley-Mission Community College District may use local unrestricted general funds for the purposes described in this section only for students who reside within the boundary of the community college district.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
On or before March 1, 2028, the governing board of the West Valley-Mission Community College District shall submit a report to the office of the Chancellor of the California Community Colleges, the Department of Finance, and the appropriate committees of the Legislature on the implementation of this section. The report shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
How the district has determined to use local unrestricted general funds to support implementation of the
California College Promise.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
How the district has determined to use local unrestricted general funds to assist students with the total cost of attendance.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
How the district has determined to use California College Promise funds to assist students with the total cost of attendance.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A copy of the policy adopted by the governing board of the West Valley-Mission Community College District pursuant to subdivision (a).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A copy of the fiscal impact statement prepared pursuant to subdivision (a).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The number and percentage of students receiving a fee waiver pursuant to this section, disaggregated by age, race and ethnicity, unit load, and income level.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The number and percentage of students receiving a California Promise Grant, disaggregated by age, race and ethnicity, unit load, and income level.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The number and percentage of students receiving other forms of institutional aid, including scholarships and grants, disaggregated by age, race and ethnicity, unit load, and income level.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The services and programs that were limited or eliminated due to the implementation of this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of this section, the total cost of attendance for a student attending a community college shall be defined to include the student’s tuition and fees, books and supplies, living expenses, transportation expenses, and any other student expenses used to calculate a student’s financial need for purposes
of federal Title IV student aid programs.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_2D07DBAE-4149-45D9-908D-0AFF2E008D22">
<ns0:Num>SEC. 68.</ns0:Num>
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Section 2201 of the
<ns0:DocName>Elections Code</ns0:DocName>
, as amended by Section 1 of Chapter 424 of the Statutes of 2024, is amended to read:
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<ns0:Num>2201.</ns0:Num>
<ns0:LawSectionVersion id="id_DEE77526-EA06-45EE-9DE5-C1D176D1659F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The county elections official shall cancel the registration in the following cases:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
At the signed, written request of the person registered.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211. The county elections office shall use only information provided by the Secretary of State pursuant to subdivision (d) of Section 2211.5 to cancel a voter registration for this reason.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Upon proof that the person is presently imprisoned for conviction of a felony. The county elections office shall use only information provided by the Secretary of State pursuant
to subdivision (d) of Section 2212, by a United States District Court, or by the Federal Bureau of Prisons to cancel a voter registration for this reason.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Upon the production of a certified copy of a judgment directing the cancellation to be made.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Upon the death of the person registered.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Pursuant to Article 2 (commencing with Section 2220).
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Upon official notification that the voter is registered to vote in another state.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Upon proof that the person is otherwise ineligible to vote.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Secretary of State may cancel the registration in the following cases:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
When the mental incompetency of the person registered is legally established as provided in Sections 2208, 2209, 2210, and 2211.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upon proof that the person is presently imprisoned for the conviction of a felony.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Upon the death of the person registered.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Between 15 and 30 days, inclusive, before canceling a person’s registration for the reasons specified in paragraph (2), (3), or (6) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed return form, to the voter.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The forwardable notice shall be provided in the person’s preferred language if the county is required
to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The notice shall include a statement substantially similar to the following:
</html:p>
<html:p>“IMPORTANT NOTICE. Your voter registration record is scheduled to be canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to a change in residence, prison commitment, or mental incapacity to vote pursuant to Sections 2208, 2209, 2210, or 2211 of the California Elections Code, as applicable.</html:p>
<html:p>If you believe this cancellation is in error, please notify our office within 15 days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.</html:p>
<html:p>If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of State’s internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].”</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The preaddressed return form described in paragraph (1) shall include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Space for the voter to provide their current place of residence.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Space for the voter to provide their current mailing address, if different from the place of residence.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A box next to a statement substantially similar to the following: “The
cancellation of my voter record is in error because I have not been deemed mentally incompetent to vote by a court of law and I am not currently serving a state or federal prison term. Additionally, if I have moved, I have provided my new residential address on this form.”
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Space for the voter to provide their signature and the date.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The elections official may send additional written notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Within 15 days before or after cancellation of a voter’s registration for the reason specified in paragraph (5) of subdivision (a), the county elections official shall send a forwardable notice by first-class mail, including a postage-paid and preaddressed
return form, to the voter, to enable the voter to verify or correct their voter registration cancellation.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The forwardable notice shall be provided in the person’s preferred language if the county is required to provide translated ballots in that language pursuant to Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The notice shall include a statement substantially similar to the following:
</html:p>
<html:p>“IMPORTANT NOTICE. Your voter registration record was canceled on [date]. This cancellation is due to information the [county name] County elections office has received indicating your ineligibility to vote in that county due to death, pursuant to the California Elections Code, as applicable.</html:p>
<html:p>If you believe this cancellation is in error, please notify our office within 15
days from the date of this notice either by returning the attached postage-paid postcard or by calling [county elections office phone number] toll free.</html:p>
<html:p>If we do not receive your response to this notice, you may be required to reregister to vote in the next election or to vote using a provisional ballot. You can find more information about voter eligibility rules on the Secretary of State’s internet website at [URL] or voter hotline at [phone numbers]. You can also check your current registration status at [URL].”</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The preaddressed return form described in paragraph (1) shall include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Space for the voter to provide their current place of residence.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Space for the voter to provide their current mailing address, if different from the place of
residence.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A box next to a statement substantially similar to the following: “The cancellation of my voter record is in error because I have not died. Additionally, if I have moved, I have provided my new residential address on this form.”
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Space for the voter to provide their signature and the date.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The elections official may send additional notices to a voter, and may also notify the voter in person, by telephone or email, or by other means of the planned registration cancellation.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Secretary of State shall submit an update on January 1, 2025, and on the first of each month thereafter, detailing its efforts and progress in fully implementing and achieving compliance with Sections 2208, 2209, 2210, 2211,
2211.5, and 2214 to all of the following committees:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The Assembly Committee on Elections.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The Senate Committee on Elections and Constitutional Amendments.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The relevant subcommittee of the Assembly Committee on Budget.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The relevant subcommittee of the Senate Committee on Budget and Fiscal Review.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The Joint Committee on Legislative Audit.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Secretary of State shall not be required to submit the update required pursuant to paragraph (1) after the Secretary of State certifies to the committees described in paragraph (1) that it has taken all steps necessary to fully implement and administer Sections
2208, 2209, 2210, 2211, 2211.5, and 2214.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall become inoperative on July 1, 2025, and, as of January 1, 2026, is repealed.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_CB5E9492-F07B-4722-949E-C0E0B0107D17">
<ns0:Num>SEC. 69.</ns0:Num>
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Section 2208 of the
<ns0:DocName>Elections Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B7E66C47-D104-4220-B02E-7043F1ADA56A">
<ns0:Num>2208.</ns0:Num>
<ns0:LawSectionVersion id="id_481AEE30-C0D0-4D40-9643-B3411FE51889">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person is presumed competent to vote regardless of the person’s conservatorship status. A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, and any of the following apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with
Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the person’s trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A person has pleaded not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find by clear and convincing
evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person shall be disqualified from voting.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If an order establishing a conservatorship is made and in connection with the order it is found by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process, the court shall provide notice to the Secretary of State pursuant to Section 2211.5.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A person shall not be disqualified from voting pursuant to this section on the basis that the person does, or would need to do, any of the following to complete an affidavit of voter registration:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Signs the affidavit of voter registration with a mark or a cross pursuant to subdivision (b)
of Section 2150.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Signs the affidavit of voter registration by means of a signature stamp pursuant to Section 354.5.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Completes the affidavit of voter registration with the assistance of another person pursuant to subdivision (d) of Section 2150.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Completes the affidavit of voter registration with reasonable accommodations.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2024.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_C574AA69-D5AD-4832-866A-21BED1390DED">
<ns0:Num>SEC. 70.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:ELEC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'3019.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 3019 of the
<ns0:DocName>Elections Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_7ACD2169-F36E-40D1-900E-BDB7C8476DE3">
<ns0:Num>3019.</ns0:Num>
<ns0:LawSectionVersion id="id_0962B71A-D024-4449-99BC-DB6249E0A447">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Upon receiving a vote by mail ballot, the elections official shall compare the signature on the identification envelope with either of the following to determine if the signatures compare:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The signature appearing on the voter’s affidavit of registration or any previous affidavit of registration of the voter.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The signature appearing on a form issued by an elections official that contains the voter’s signature and that is part of the voter’s registration record.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
All of the following apply to the comparison of signatures pursuant to this section, including the comparison of a voter’s signature on a
signature verification statement, an unsigned identification envelope statement, or a combined vote by mail ballot signature verification statement and unsigned identification envelope statement, with the signature that is part of the voter’s registration record:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A presumption exists that the signature on the identification envelope, signature verification statement, unsigned identification envelope statement, or provisional ballot envelope is the voter’s signature.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An exact match is not required for an elections official to determine that a voter’s signature is valid. The fact that signatures share similar characteristics is sufficient to determine that a signature is valid.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Except as provided in subparagraph (D), the elections official shall consider explanations for discrepancies between signatures
that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, explanations include a variation in signature style over time and the haste with which a signature is written.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
When comparing signatures, an elections official shall not review or consider a voter’s party preference, race, or ethnicity.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The elections official may consider characteristics of the written signature that are specified in regulations promulgated by the Secretary of State. For purposes of this subparagraph, characteristics include the slant of the signature, letter formation, and whether the signature is printed or written in cursive.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The elections official may use facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with the
law.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
In comparing signatures pursuant to this section, an elections official may use signature verification technology. If signature verification technology determines that the signatures do not compare, the signature is subject to the additional procedures described in paragraph (2) of subdivision (c).
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The variation of a signature caused by the substitution of initials for the first or middle name, or both, is not grounds for the elections official to determine that the signatures do not compare.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A signature made using a mark such as an “X,” or made by a signature stamp, shall be presumed valid and shall be accepted if the signature meets the requirements of Section 354.5.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If upon conducting the comparison of signatures pursuant to
subdivision (a) the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections official’s office.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If upon conducting the comparison of signatures pursuant to subdivision (a) the elections official determines that the signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voter’s registration record, the signature is subject to the additional procedures described in paragraph (2).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in
the voter’s registration record. If the officials determine that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope only after completing the procedures described in subdivision (d).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (E), on or before the next business day after a determination that a voter’s signature does not compare pursuant to subdivision (c), but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voter’s signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return a signature
verification statement.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If an elections official has a telephone number or email address on file for a voter whose signature does not compare pursuant to subdivision (c), the elections official shall notify the voter by telephone, a text message, or email of the opportunity to verify the voter’s signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to subdivision (c), and may also notify the voter in person or by other means of the opportunity to verify the voter’s signature.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Unless required pursuant to Section 3026, the elections official may use any information in a county’s
election management system, or otherwise in the elections official’s possession, for the purpose of notifying the voter of the opportunity to verify the voter’s signature.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The notice and instructions shall be in substantially the following form:
</html:p>
<html:table id="id_7FAD68B8-AB2B-4241-A882-2CF6A8993F0A">
<html:colgroup>
<html:col width="239.0"/>
<html:col width="175.0"/>
</html:colgroup>
<html:tbody>
<html:tr>
<html:td colspan="2" valign="bottom">
<html:p class="HeaderCentered" style="font-size:9pt; text-align:center; text-indent:0pt;">“READ
THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR VOTE BY MAIL BALLOT NOT TO COUNT.</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2" valign="bottom"/>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">1. We have determined that the signature you provided on your vote by mail ballot does not compare with the signature(s) on file in your voter record. In order to ensure that your vote by mail ballot will be counted, the signature verification statement must be completed and returned as soon as possible.</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Left10Point">2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than 5 p.m. two days prior to certification of the election.</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Left10Point">3. You must sign your name where specified on the signature verification statement (Voter’s Signature).</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Left10Point">4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Left10Point">5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election
day.”</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(3)
<html:span class="EnSpace"/>
The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The elections official shall not reject a vote by mail ballot identified pursuant to subdivision (c) if each of the following conditions are satisfied:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The voter delivers, in person, by mail, by fax, by email, or by other means, a signature verification statement signed by the voter and the elections official receives the statement no later than 5 p.m. two days prior to the certification of the election, or the voter, before the close of the polls on election day, completes and submits a signature verification statement to a polling place within the county or a ballot dropoff box.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voter’s record.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall deposit the ballot, still in the identification envelope, in a ballot container in the elections official’s office.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the ballot shall not be counted. The elections official shall write the cause of the rejection on the face of the identification envelope.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The
signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):
</html:p>
<html:table id="id_07DE86C9-97C7-483D-9D39-2F06DB74D564">
<html:colgroup>
<html:col width="239.0"/>
<html:col width="175.0"/>
</html:colgroup>
<html:tbody>
<html:tr>
<html:td colspan="2" valign="bottom">
<html:p class="HeaderCentered" style="font-size:9pt; text-align:center; text-indent:0pt;">“SIGNATURE VERIFICATION STATEMENT</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2" valign="bottom"/>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
I,
<html:span class="UnderlinedLeaders"/>
, am a registered voter of __________ County,
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Left10Point">
State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope.
I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated.
<html:br/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Left10Point">
<ns0:LabelledField>
<html:span class="EmSpace"/>
Voter’s Signature
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
</ns0:LabelledField>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Left10Point">
<ns0:LabelledField>
<html:span class="EmSpace"/>
Address”
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
</ns0:LabelledField>
</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(6)
<html:span class="EnSpace"/>
If the
elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voter’s signature for future elections.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding any other law, if an elections official determines that a voter has failed to sign the identification envelope, the elections official shall not reject the vote by mail ballot if the voter does any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Signs the identification envelope at the office of the elections official during regular business hours no later than 5 p.m. two days prior to the certification of the election.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
No later than 5 p.m. two days prior to the certification of the election, completes and submits an unsigned identification envelope
statement in substantially the following form:
</html:p>
<html:table id="id_4B6E5B68-2A1F-4D0A-A423-39ADFA775182">
<html:colgroup>
<html:col width="239.0"/>
<html:col width="175.0"/>
</html:colgroup>
<html:tbody>
<html:tr>
<html:td colspan="2" valign="bottom">
<html:p class="HeaderCentered" style="font-size:9pt; text-align:center; text-indent:0pt;">“UNSIGNED IDENTIFICATION ENVELOPE STATEMENT</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2" valign="bottom"/>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
I,
<html:span class="UnderlinedLeaders"/>
, am a registered voter of __________ County,
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Left10Point">
State of California. I declare under penalty of perjury that I received and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I am a resident of the precinct in which I have voted, and I am the person whose name appears on the vote by mail ballot envelope. I understand that if I commit or attempt
any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated.
<html:br/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Left10Point">
<ns0:LabelledField>
<html:span class="EmSpace"/>
Voter’s Signature
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
</ns0:LabelledField>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Left10Point">
<ns0:LabelledField>
<html:span class="EmSpace"/>
Address”
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
</ns0:LabelledField>
</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(iii)
<html:span class="EnSpace"/>
Before the close of the polls on election day,
completes and submits an unsigned identification envelope statement, in the form described in clause (ii), to a polling place within the county or a ballot dropoff box.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Except as provided in clause (v), or before the next business day after discovering that a voter has failed to sign the identification envelope, but not later than eight days prior to the certification of the election, the elections official shall send by first-class mail notice and instructions to the voter of the opportunity to provide a signature no later than 5 p.m. two days prior to the certification of the election. The notice shall include a return envelope, with postage paid, for the voter to return the unsigned identification envelope statement.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If an elections official has a telephone number or email address on file for a voter who has failed to sign the identification
envelope, the elections official shall notify the voter by telephone, a text message, or email of the opportunity to provide a signature. If an elections official calls the voter and the voter does not answer, the elections official shall attempt to leave a voicemail message.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Unless required pursuant to Section 3026, the elections official may send additional written notices to a voter identified pursuant to this subdivision, and may also notify the voter in person or by other means of the opportunity to provide a signature.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Unless required pursuant to Section 3026, the elections official may use any information in the county’s election management system, or otherwise in the elections official’s possession, for the purpose of notifying the voter of the opportunity to provide a signature.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
If it is
impracticable under the circumstances for the elections official to send the notice described in clause (i) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable, but not later than eight days prior to the certification of the election.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If timely submitted, the elections official shall accept any completed unsigned identification envelope statement. Upon receipt of the unsigned identification envelope statement, the elections official shall compare the voter’s signature on the statement in the manner provided by this section.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
If the elections official determines that the signatures compare, the elections official shall attach the unsigned identification envelope statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot
container in the elections official’s office.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the identification envelope shall not be opened and the elections official shall provide notice to the voter pursuant to subdivisions (c) and (d).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An elections official may use methods other than those described in subparagraph (A) to obtain a voter’s signature on an unsigned identification envelope statement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Instructions shall accompany the unsigned identification envelope statement in substantially the following form:
</html:p>
<html:table id="id_6AEA826C-136C-4371-B6FA-799D262648C4">
<html:colgroup>
<html:col width="239.0"/>
<html:col width="175.0"/>
</html:colgroup>
<html:tbody>
<html:tr>
<html:td colspan="2" valign="bottom">
<html:p class="HeaderCentered" style="font-size:9pt; text-align:center; text-indent:0pt;">“READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT.</html:p>
<html:br/>
<html:br/>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="HangingIndent2">1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible, but no later than 5 p.m. two days prior to the certification of the election.</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="HangingIndent2">2. You must sign your name on the line above (Voter’s Signature).</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="HangingIndent2">
3.
<html:span class="ThinSpace"/>
Place the statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the
elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="HangingIndent2">4. If you do not wish to send the statement by mail or have it delivered, you may submit your completed statement by facsimile or email transmission to your local elections official, or by other electronic means made available by your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day.”</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(3)
<html:span class="EnSpace"/>
The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
An elections official shall include a single,
combined vote by mail ballot signature verification statement and unsigned ballot identification envelope statement, along with the instructions provided in this section for the completion of the statement, on the elections official’s internet website and shall provide the elections official’s mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions. The elections official shall accept the combined statement from a voter for the purpose of satisfying the requirements of paragraph (4) of subdivision (d) or subparagraph (C) of paragraph (1) of subdivision (e). An elections official may mail the combined statement to a voter pursuant to subdivision (d) or (e) in lieu of the signature verification statement or unsigned ballot identification envelope statement.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A local elections official offering other electronic means for submission of a statement described in this
section shall establish appropriate privacy and security protocols that ensure that the information transmitted is received directly and securely by the elections official and is only used for the stated purposes of verifying the signature on the voter’s ballot.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A ballot shall not be removed from its identification envelope until the time for processing ballots. A ballot shall not be rejected for cause after the identification envelope has been opened.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For purposes of this section, “certification of the election” means the date the particular elections official submits a certified statement of the results of the election to the governing body pursuant to Section 15372, even if that occurs before the deadline to submit the certified statement of the election results set forth in Section 15372.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
In comparing
signatures pursuant to this section, including when using signature verification software or other technology, an elections official shall adhere to all applicable regulations promulgated by the Secretary of State.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
An elections official is authorized to use contact information provided on a voter’s affidavit of registration to contact a voter for purposes consistent with this section.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C31FED52-9AD0-494C-B604-F8458E4B3C61">
<ns0:Num>SEC. 71.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:ELEC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'20.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'20513.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 20513 of the
<ns0:DocName>Elections Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_492C0479-2D7A-4194-9D5C-B9C2756D3C8B">
<ns0:Num>20513.</ns0:Num>
<ns0:LawSectionVersion id="id_1F0ED5E9-5008-462B-82C5-F29F0CB48BFD">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Any large online platform shall develop and implement procedures for the use of state-of-the-art techniques to identify and remove materially deceptive content if all of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The content is reported pursuant to subdivision (a) of Section 20515.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The materially deceptive content is any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A candidate for elective office portrayed as doing or saying something that the candidate did not do or say and that is reasonably likely to harm the reputation or electoral prospects of a candidate.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An elections official
portrayed as doing or saying something in connection with the performance of their elections-related duties that the elections official did not do or say and that is reasonably likely to falsely undermine confidence in the outcome of one or more election contests.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An elected official portrayed as doing or saying something that influences an election in California that the elected official did not do or say and that is reasonably likely to falsely undermine confidence in the outcome of one or more election contests.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The content is posted during the applicable time period or periods set forth in subdivision (e).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The large online platform knows or acts with reckless disregard for the fact that the content meets the requirements of this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If a post is determined to meet the requirements for removal pursuant to subdivision (a), any large online platform shall remove the post upon that determination, but no later than 72 hours after a report is made pursuant to subdivision (a) of Section 20515 in order to be in compliance with this chapter.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Any large online platform shall identify, using state-of-the-art techniques, and remove, upon discovering or being alerted to the posting or reposting of, any identical or substantially similar materially deceptive content that the platform had previously removed pursuant to this chapter, provided that this removal occurs during the applicable time period or periods set forth in subdivision (e).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A) of paragraph (2) of subdivision (a), this section does not apply to a candidate for elective office who,
during the time period set forth in subdivision (e), portrays themself as doing or saying something that the candidate did not do or say, if the digital content includes a disclosure stating the following: “This _____ has been manipulated.” The blank in this disclosure shall be filled in with whichever of the following terms most accurately describes the media:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Image.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Audio.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Video.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average
viewer. For visual media that is video, the disclosure shall appear for the duration of the video.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the media consists of audio only, the disclosure shall be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener, at the beginning of the audio, at the end of the audio, and, if the audio is greater than two minutes in length, interspersed within the audio at intervals of not greater than two minutes each.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), any large online platform shall remove the content to the extent required by subdivisions (a) to (c), inclusive, and any candidate for elective office shall include the disclosure required by subdivision (d), during a period beginning 120 days before an election in California and through the day of the election.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the content described in subdivision (a) depicts or pertains to elections officials, any large online platform shall remove the content to the extent required by subdivisions (a) to (c), inclusive, during a period beginning 120 days before an election in California and ending on the 60th day after the election.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_47D02779-7B6C-4084-912A-76B3B1CA981E">
<ns0:Num>SEC. 72.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:FGC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1352.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1352 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_7EDE6BFE-DAF3-4862-BFDC-482DE698057F">
<ns0:Num>1352.</ns0:Num>
<ns0:LawSectionVersion id="id_48C3F2B5-16FB-45E0-B036-F091C7FFEB54">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The money in the Wildlife Restoration Fund, as provided for by former Section 19632 of the Business and Professions Code, as that section read on January 1, 2024, is available for expenditure under this chapter.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
All federal moneys made available for projects authorized by the board shall be deposited into the Wildlife Restoration Fund or the Fish and Game Preservation Fund.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Any moneys received into the Wildlife Restoration Fund or the Fish and Game Preservation Fund from leases authorized pursuant to paragraph (2) or (3) of subdivision (c) of Section 1348 shall be expended, upon appropriation by the Legislature, by the department for purposes of managing, maintaining, restoring, or operating
lands owned and managed by the department.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5052C2D1-D4F1-4509-AEEC-A8A5A8F65E31">
<ns0:Num>SEC. 73.</ns0:Num>
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Section 1352.5 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_9029BF05-A1C6-4561-9F98-E322B2F608D7">
<ns0:Num>1352.5.</ns0:Num>
<ns0:LawSectionVersion id="id_7D9017AB-CBAE-49E7-B5CA-42A9F0E6655A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The San Francisco Baylands Restoration Program Account is hereby established within the Wildlife Restoration Fund, as provided for by former Section 19632 of the Business and Professions Code, as that section read on January 1, 2024, for the purpose of acquiring and restoring wetlands and lands that may be enhanced to support wetlands in the San Francisco Bay area in order to achieve the objectives of the Baylands Ecosystem Habitat Goals Report (Goals Report).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Funds in the account may be expended by the board to acquire any lands identified in the Goals Report that are available for acquisition subject to the following conditions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The purchase price shall not exceed the fair market value
of the property, as determined by an appraisal conducted pursuant to Section 1348.2. The appraisal shall also consider and describe all the specific requirements and restrictions of relevant state and federal laws, including, but not limited to, the McAteer-Petris Act (Title 7.2 (commencing with Section 66600) of the Government Code), related to the property value and development potential of lands considered for acquisition in the shoreline band of the San Francisco Bay area.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The board has determined any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Funds are available to implement the recommendations and objectives of the Goals Report for a significant portion of the property to be acquired by the board.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Sufficient funding and authority exists for the long-term maintenance of all levees and dikes and all other land-use management
requirements necessary to avoid environmental degradation for the property proposed to be acquired by the board.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The property to be acquired by the board has no unique long-term maintenance requirements or has no land-use management requirements necessary to avoid environmental degradation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the board determines to acquire all or a portion of the Cargill property, a matching federal appropriation for the acquisition of the Cargill property shall be deposited into an account solely for the acquisition of the Cargill property or a portion thereof.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The board has consulted with the State Coastal Conservancy and determined that the proposed acquisition is consistent with most of the goals of the San Francisco Bay Area Conservancy Program, as described in Section 31162 of the Public Resources Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The acquisition of the property will not result in any liability to the state for the cleanup of hazardous materials.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Cargill property,” for purposes of this section, means all property owned by the Cargill Salt Division that Cargill proposes to sell to the state and federal governments.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_530C22C6-E62F-4ACA-A8FB-D1056A4C6D46">
<ns0:Num>SEC. 74.</ns0:Num>
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Section 1672 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_8548A2CC-E459-4A5E-9F95-2B8853D3546C">
<ns0:Num>1672.</ns0:Num>
<ns0:LawSectionVersion id="id_8A42BE6F-35AD-48DB-B1D5-4518FB96581B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department may issue a restoration management permit to authorize take, possession, import, or export of any species or subspecies of fish, wildlife, or plant in association with a qualifying restoration project and to authorize any impacts to fish and wildlife resources as a result of activities otherwise subject to Section 1602, all pursuant to terms and conditions determined by the department.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department may authorize the take, possession, import, or export of any endangered species, threatened species, or candidate species designated pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration
management permit for a qualifying restoration project.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department may authorize the take, possession, import, or export of any fully protected bird, mammal, reptile, amphibian, or fish designated pursuant to Section 3511, 4700, 5050, or 5515 for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project. The take, possession, import, or export of any fully protected bird, mammal, reptile, amphibian, or fish that is authorized through a restoration management permit for a qualifying restoration project shall not be subject to Section 3511, 4700, 5050, or 5515.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department may authorize the take, possession, import, or export of any plant species designated as rare pursuant to Chapter 10 (commencing with Section 1900) for management
or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department may authorize the take, possession, import, or export of any fish, amphibian, reptile, mammal, bird, or the nests or eggs thereof, or any other form of plant or animal life not subject to subdivisions (b) through (d), inclusive, for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If a qualifying restoration project includes the substantial diversion or obstruction of the natural flow of, or substantial change or use of any material from the bed, channel, or bank of, any river, stream, or lake and the department determines the
activity may substantially adversely affect an existing fish or wildlife resource, the department may authorize those activities through a restoration management permit. The department shall include reasonable measures necessary to protect that resource in the restoration management permit for the qualifying restoration project.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_01886A83-D0C4-4386-A858-FDC945D55F29">
<ns0:Num>SEC. 75.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:FGC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'2089.22.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 2089.22 of the
<ns0:DocName>Fish and Game Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B64ECA93-F448-4B90-8D35-C6CBDBAD3FC0">
<ns0:Num>2089.22.</ns0:Num>
<ns0:LawSectionVersion id="id_7FF38DB8-B667-4E02-A380-EBF02B55E247">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If any of the following agreements have been approved pursuant to applicable provisions of federal law and the federal agreement contains species that are endangered, threatened, candidate, or declining or vulnerable species pursuant to this chapter, no further authorization or approval is necessary under this article for any person authorized by that federal agreement to take the species identified in and in accordance with the federal agreement, if that person and the department follow all of the procedures specified in Section 2080.1, except that the determination of consistency shall be made by the department based only on the issuance criteria contained in this article:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A federal safe harbor agreement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A federal candidate conservation agreement with assurances.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A federal conservation benefit agreement with an enhancement of survival permit in compliance with Part 17 (commencing with Section 17.1) of Subchapter B of Chapter I of Title 50 of the Code of Federal Regulations.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Any authority pursuant to subdivision (a) to take species identified in a federal agreement shall terminate immediately upon the expiration or termination of the federal agreement.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_F1044C50-0F9A-4DB6-A796-E1528AC50A1C">
<ns0:Num>SEC. 76.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:FAC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'12811.2.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 12811.2 of the
<ns0:DocName>Food and Agricultural Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E26FC874-2CB8-42A1-84EB-B118CAFCBC6D">
<ns0:Num>12811.2.</ns0:Num>
<ns0:LawSectionVersion id="id_72FE8A2C-73E3-4DD7-B78A-7A7B46443780">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On or before May 1, 2025, and annually thereafter, until May 2, 2028, the department shall annually report the average processing times to review and evaluate, and issue final decisions on, applications to register new pesticide products or amend existing pesticide product registrations for the prior calendar year, and post this information on its internet website. The report shall include the number of days, on average, that it took to complete an application and the number of days, on average, that an application spent in intake and in each stage of scientific evaluation.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
On or before May 1, 2029, and annually thereafter, the department shall report the average processing times for the applications described in subdivision (a) for the prior calendar year
and post this information on its internet website. This information shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The number of applications by registration category that were completed within the timeframes specified pursuant to subdivision (a) of Section 12839. This number shall be reported based on nonagricultural, agricultural, and dual use products.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The number of applications that exceeded the timeframes specified in each of subdivision (a), (d), or (e) of Section 12839. This number shall be reported for each respective subdivision based on nonagricultural, agricultural, and dual use products.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The number of days applications spent, on average, in intake and at each stage of scientific evaluation.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C2A14D04-B4C1-4809-98D0-35E40AA460A1">
<ns0:Num>SEC. 77.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:FAC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'12839.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 12839 of the
<ns0:DocName>Food and Agricultural Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5758529E-FB36-46AB-962E-A13BC2500B7F">
<ns0:Num>12839.</ns0:Num>
<ns0:LawSectionVersion id="id_D96C7618-64A7-4A6D-9815-7320805E512D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On and after July 1, 2027, the department shall meet the following timelines to review and evaluate, and issue final decisions on, applications to register new pesticide products or amend existing pesticide product registrations, as specified in this article, except as provided in subdivisions (b), (d), and (e).
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For review and evaluation of, and issuance of a final decision on, an application for registration of a new active ingredient, 30 months from the date of submittal of a complete application.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For review and evaluation of, and issuance of a final decision on, an application for registration of a new product or letter of acceptance to amend an existing product registration, when
previously evaluated data support registration or amendment and no supporting scientific data is required for review, six months from the date of submittal of a complete application.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For review and evaluation of, and issuance of a final decision on, an application for registration of a new product or letter of acceptance to amend an existing product registration, when evaluation of data is required, 12 months from the date of submittal of a complete application.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
In cases where the submitted application for registration of a new product or amendment of an existing product registration does not include supporting scientific data for review, but the department subsequently determines that the application requires data evaluation, 12 months from the date of submittal of the required data.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department may
toll the applicable timeline provided in subdivision (a) under any of the following circumstances:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The applicant fails to correct a deficiency with the application identified by the department within a 15-business-day timeframe.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An application requires United States Environmental Protection Agency approval.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The applicant corrects a deficiency with the application, but also makes substantive changes to the product or label that exceeds correcting the deficiency.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Nonpayment of a registration fee by the applicant for the certificate of registration.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The application is reliant on data associated with another identical or substantially similar product submission undergoing
registration review by the department.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Upon the conclusion of a circumstance that was the basis for the department tolling an applicable timeline pursuant to subdivision (b), the tolling period shall end and the applicable timeline shall resume within 15 business days after the department became aware of the conclusion of the circumstance.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the department cannot meet an applicable timeline provided in subdivision (a), the director may extend the timeline for up to two 60-day periods by notifying the applicant in writing and specifying both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The reasons why additional time is needed.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The estimated number of days needed that would allow the director to complete the certificate of registration.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
In addition to subdivision (d), the director and the applicant may mutually agree, in writing, to additionally extend an applicable timeline provided in subdivision (a).
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_7034C064-B6C8-44B9-AAAC-5751ED7DA251">
<ns0:Num>SEC. 78.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:FAC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'14513.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 14513 of the
<ns0:DocName>Food and Agricultural Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_FC5F3C47-A4CA-4A9B-9D9E-625C7B57BE31">
<ns0:Num>14513.</ns0:Num>
<ns0:LawSectionVersion id="id_ABEA83E8-3A1C-4296-AB4E-6EFB8A552F8C">
<ns0:Content>
<html:p>“Beneficial substance” means any substance or compound, other than primary plant nutrients, secondary plant nutrients, and micronutrients, and excluding pesticides, that can be demonstrated by scientific research to be beneficial to one or more species of plants, soil, or media. A beneficial substance includes, but is not limited to, plant biostimulants.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_A9E3990D-6118-447D-A2DD-1BE811B9D1AF">
<ns0:Num>SEC. 79.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:FAC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'14611.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 14611 of the
<ns0:DocName>Food and Agricultural Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_8A688D38-D5C7-4691-A2D9-69839D1EF8C7">
<ns0:Num>14611.</ns0:Num>
<ns0:LawSectionVersion id="id_A3777AE0-1A3B-486C-9666-0CF0EA3F0A66">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A licensee whose name appears on the label who sells or distributes bulk fertilizing materials, as defined in Sections 14517 and 14533, to unlicensed purchasers, shall pay to the secretary an assessment not to exceed two mills ($0.002) per dollar of sales for all fertilizing materials. A licensee whose name appears on the label of packaged fertilizing materials, as defined in Sections 14533 and 14551, shall pay to the secretary an assessment not to exceed two mills ($0.002) per dollar of sales.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The secretary may adjust the mill assessment rate based upon a finding and recommendation of the board of a proposed rate. The mill assessment rate shall not exceed the maximum rate established by this section. Setting the mill assessment
rate shall not be subject to 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"/>
In addition to the assessment provided in subdivision (a), the secretary may impose an assessment in an amount not to exceed one mill ($0.001) per dollar of sales for all sales of fertilizing materials, to provide funding for research and education regarding the use and handling of fertilizing material, including, but not limited to, support for the University of California Cooperative Extension, the California resource conservation districts, other California institutions of postsecondary education, or other qualified entities to develop programs in the following areas:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Technical education for users of fertilizer materials in the development and implementation of nutrient management projects that result in more agronomically sound uses of
fertilizer materials and minimize the environmental impacts of fertilizer use, including, but not limited to, nitrates in groundwater and emissions of greenhouse gases resulting from fertilizer use.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Research to improve nutrient management practices resulting in more agronomically sound uses of fertilizer materials and to minimize the environmental impacts of fertilizer use, including, but not limited to, nitrates in groundwater and emissions of greenhouse gases resulting from fertilizer use.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Education to increase awareness of more agronomically sound use of fertilizer materials to reduce the environmental impacts resulting from the overuse or inefficient use of fertilizing materials.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6FC80F87-CDB2-471F-AE35-65121D48A55D">
<ns0:Num>SEC. 80.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:FAC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'20.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'17.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'56571.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 56571 of the
<ns0:DocName>Food and Agricultural Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_ED657D7F-8C67-4764-AA45-2FE668610A8D">
<ns0:Num>56571.</ns0:Num>
<ns0:LawSectionVersion id="id_C940AA1B-FF3B-46D5-893B-DC77F5481EF5">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as otherwise provided in this article or Section 55863, each applicant for a license shall pay to the department a fee in accordance with the schedule in subdivision (b), except that an agent shall pay one hundred dollars ($100) for each license period of the principal.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The amount of the fee due each year shall be determined by the annual dollar volume of business based on farm product value returned to the grower or licensee, as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For a dollar volume of less than twenty thousand dollars ($20,000), the fee shall be two hundred fifty dollars ($250).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For a dollar volume of twenty thousand dollars ($20,000) and
over, but less than fifty thousand dollars ($50,000), the fee shall be three hundred fifty dollars ($350).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For a dollar volume of fifty thousand dollars ($50,000) and over, but less than two million dollars ($2,000,000), the fee shall be four hundred fifty dollars ($450).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For a dollar volume of two million dollars ($2,000,000) and over, but less than four million dollars ($4,000,000), the fee shall be five hundred fifty dollars ($550).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For a dollar volume of four million dollars ($4,000,000) and over, the fee shall be six hundred fifty dollars ($650).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department may reevaluate the fee structure based on operating costs. The fees shall adequately cover the costs to fully administer and operate the program in an effective and efficient
manner.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_029863B0-35D3-4929-8D1B-B91BD945AECA">
<ns0:Num>SEC. 81.</ns0:Num>
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Section 58231.1 of the
<ns0:DocName>Food and Agricultural Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_55D52573-1E9C-49EB-9977-42835C995904">
<ns0:Num>58231.1.</ns0:Num>
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<ns0:Content>
<html:p>If a cooperative agreement related to federal-state cooperative market news services, as described in subdivision (b) of Section 58231, is not in effect in the state, the secretary may define grape-pricing districts in the state.</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_0B3809D2-C833-405F-B677-A422BB0D764A">
<ns0:Num>SEC. 82.</ns0:Num>
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Section 82001 of the
<ns0:DocName>Food and Agricultural Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_BB3BB756-0017-4C99-AC2D-7BFD927C0213">
<ns0:Num>82001.</ns0:Num>
<ns0:LawSectionVersion id="id_241E1962-E895-4F9B-AA6D-8EEB6906E747">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On and after July 1, 2026, a food manufacturer, processor, or retailer responsible for the labeling of food items for human consumption that chooses, or is otherwise required by law, to display a date label to communicate a quality or safety date on a food item manufactured on or after July 1, 2026, shall use one of the following uniform terms on the date label:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“BEST if Used by” or “BEST if Used or Frozen by” to indicate the quality date of the food item.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“USE by” or “USE by or Freeze by” to indicate the safety date of the food item.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“BB” to indicate the quality date of the food item if the food item is too small to
include the uniform term described in paragraph (1) or if the food item is a beverage as defined in Section 14504 of the Public Resources Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“UB” to indicate the safety date of the food item if the food item is too small to include the uniform term described in paragraph (2).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A person shall not sell or offer for sale in the state a food item for human consumption manufactured on or after July 1, 2026, that displays a quality or safety date label that is not labeled in accordance with subdivision (a).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A person shall not sell or offer for sale in the state a food item for human consumption manufactured on or after July 1, 2026, that is labeled with the phrase “sell by.” This paragraph does not prohibit the use of “sell by” dates that are presented in a coded format that are not
easily readable by consumers and that do not use the phrase “sell by.”
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department may accept nonstate funds from public and private sources to, on its internet website, educate consumers about the meaning of the quality dates and safety dates specified in this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Funds accepted by the department pursuant to paragraph (1) shall be deposited into the Consumer Education Account, which is hereby created in the Department of Food and Agriculture Fund.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding Section 13340 of the Government Code, all funds in the Consumer Education Account are hereby continuously appropriated to the department without regard to fiscal years to carry out the purpose provided in paragraph (1).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This section does not prohibit, and shall not be construed to discourage, the sale, donation, or use of food after the food’s quality date pursuant to paragraph (1) of subdivision (a) has passed. A retail food facility may donate a food item for human consumption that is not labeled in accordance with this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Unless otherwise required by law, this section shall not be construed to require the use or display of a date label on a food item for human consumption unless the food item displays a date label.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This section does not prohibit the use or display of a label that allows consumers to view online information about a food item for human consumption.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding subdivisions (a) and (b), on and after July 1, 2026, a grocery store may display a label with the phrase “packed on”
on a prepared food item and may sell or offer for sale in the state the prepared food item with that label if the prepared food item also displays a quality or safety date label in accordance with subdivision (a).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
This section does not prohibit a person from displaying on wine, a distilled spirit, or a wine- or distilled spirit-based product bottled or packaged on or after July 1, 2026, a label with a statement that communicates the date on which the wine, distilled spirit, or wine- or distilled spirit-based product was produced, manufactured, bottled, or packaged, or from selling or offering for sale in the state the wine, distilled spirit, or wine- or distilled spirit-based product with that label. The statement may use date formats, including, but not limited to, dates in a time, day, month, and year format and Julian dates.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
To the extent that any other law or a
National Shellfish Sanitation Program provision governing the labeling of shellfish authorizes or requires the use of terms that conflict, or are inconsistent, with this section, this section does not apply.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section does not apply to any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Infant formula.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Eggs or pasteurized in-shell eggs.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Beer and other malt beverages.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Grocery store” means a store engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry and any area that is not separately owned within the
store where food is prepared and served, including a bakery, deli, and meat and seafood counter.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Prepared food item” means a food item for human consumption prepared or repackaged on a grocery store’s premises, using any cooking or food preparation technique.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If and to the extent that any provision of this section is preempted by federal law, the provision does not apply and shall not be enforced.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_2F47DC9A-C513-4A37-8D5E-E7B96345F2C7">
<ns0:Num>SEC. 83.</ns0:Num>
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Section 8547.2 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_ADF39551-E9F6-417F-B7BA-20BFF93BA0E7">
<ns0:Num>8547.2.</ns0:Num>
<ns0:LawSectionVersion id="id_52F38CF9-78E9-4C5A-BAB9-35E8250CA879">
<ns0:Content>
<html:p>For the purposes of this article, the following terms have the following meanings:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Employee” means either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An individual appointed by the Governor, or employed or holding office in a state agency as defined by Section 11000, including, for purposes of Sections 8547.3 to 8547.7, inclusive, an employee of the California State University, or an individual appointed by the Legislature to a state board or commission and who is not a Member or employee of the Legislature.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A person employed by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts for the purposes of
Sections 8547.3 to 8547.7, inclusive, and Section 8547.13, except for those provisions of Section 8547.4 concerning notice of adverse action and the State Personnel Board.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Employee” includes a former employee who met the criteria of this subdivision during their employment.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Illegal order” means a directive to violate or assist in violating a federal, state, or local law, rule, or regulation, or an order to work or cause others to work in conditions outside of their line of duty that would unreasonably threaten the health or safety of employees or the public.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Improper governmental activity” means an activity by a state agency or by an employee that is undertaken in the performance of the employee’s duties, undertaken inside a state office, or, if undertaken outside a state
office by the employee, directly relates to state government, whether or not that activity is within the scope of their employment, and that meets any of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The activity is in violation of any state or federal law or regulation, including, but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, misuse of state expenditures, including allocations, loans, or grants, or willful omission to perform duty.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The activity is in violation of an executive order of the Governor, a California Rule of Court, or any policy or procedure mandated by the State Administrative Manual or State Contracting Manual.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The activity is economically wasteful, involves gross misconduct,
incompetency, or inefficiency.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of Sections 8547.4, 8547.5, 8547.7, 8547.10, and 8547.11, “improper governmental activity” includes any activity by the University of California or by an employee, including an officer or faculty member, who otherwise meets the criteria of this subdivision.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of Sections 8547.4, 8547.5, and 8547.13, “improper governmental activity” includes any activity by the Supreme Court, a court of appeal, a superior court, or the Administrative Office of the Courts, or by an employee thereof, who otherwise meets the criteria of this subdivision.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Person” means an individual, corporation, trust, association, a state or local government, or an agency or instrumentality of any of the foregoing.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Protected disclosure” means a good faith communication, including a communication based on, or when carrying out, job duties, that discloses or demonstrates an intention to disclose information that may evidence either of the following circumstances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An improper governmental activity.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A condition that may significantly threaten the health or safety of employees or the public if the disclosure or intention to disclose was made for the purpose of remedying that condition.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Protected disclosure” specifically includes a good faith communication to the California State Auditor’s Office alleging an improper governmental activity and any evidence delivered to the California State Auditor’s Office in support of the allegation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Protected disclosure” also includes, but is not limited to, a complaint made to the Commission on Judicial Performance.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“State agency” is defined by Section 11000.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“State agency” includes the University of California for purposes of Sections 8547.5 to 8547.7, inclusive, and the California State University for purposes of Sections 8547.3 to 8547.7, inclusive.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Sections 8547.3 to 8547.7, inclusive, shall apply to the Supreme Court, the courts of appeal, the superior courts, and the Administrative Office of the Courts in the same manner as they apply to a state agency.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_55C5B47B-6A85-46B1-A082-CBB44CCBC2FD">
<ns0:Num>SEC. 84.</ns0:Num>
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Section 8547.5 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_C9B71B0F-3909-4934-B4F9-D5DD4024625E">
<ns0:Num>8547.5.</ns0:Num>
<ns0:LawSectionVersion id="id_F1E1CDB1-BE7F-4F74-95EE-DFB3848F5C33">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The California State Auditor shall create the means for the submission of allegations of improper governmental activity both by transmission via mail or other carrier to a specified mailing address and electronic submission through an internet website portal. The California State Auditor may request that a person submitting an allegation provide their name and contact information and provide the names and contact information for any persons who could help to substantiate the claim. However, the California State Auditor shall not require any person submitting an allegation to provide their name or contact information and shall clearly state on the agency internet website that this information is not required in order to submit an allegation.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Upon receiving
specific information that any employee or state agency has engaged in an improper governmental activity, the California State Auditor may conduct an investigation of the matter. The identity of the person providing the information that initiated the investigation, or of any person providing information in confidence to further an investigation, shall not be disclosed without the express permission of the person providing the information except that the California State Auditor may make the disclosure to a law enforcement agency that is conducting a criminal investigation.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The California State Auditor shall create an alternative system for submission to an independent investigator of allegations of improper governmental activity engaged or participated in by employees of the California State Auditor’s Office. The system shall allow for submission of allegations both by delivery to a specified mailing address and
electronic submission through an internet website portal. The system may request that people submitting allegations provide their name and contact information and the names and contact information for any persons who could help to substantiate the claim. However, the system shall not require people submitting an allegation to provide their name or contact information and shall clearly state that this information is not required to submit an allegation. The system shall ensure that all submissions are promptly and directly delivered to the Employment and Administrative Mandate Section of the Department of Justice without prior review by the California State Auditor. The Employment and Administrative Mandate Section of the Department of Justice shall review submissions. If the Employment and Administrative Mandate Section of the Department of Justice determines that a submission constitutes an allegation of improper governmental activity, it shall transmit the submission to the independent investigator for
further action in accordance with this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The independent investigator shall conduct investigations in a manner consistent with the provisions of this article relating to other state civil service employees. If the independent investigator finds that the facts support a conclusion that an employee engaged or participated in improper governmental activities, the investigator shall prepare a confidential investigative report and, subject to the limitations of this section, send a copy of the report and all evidence gathered during the investigation to the California State Auditor, the Chief Deputy California State Auditor, and the California State Auditor’s Office chief counsel and human resource manager.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the independent investigator determines it to be appropriate, the independent investigator shall report this information to the Attorney
General, to the policy committees of the Senate and Assembly having jurisdiction over the subject, the Assembly and Senate budget committees, the Joint Legislative Audit Committee, and to any other authority that the independent investigator determines appropriate. Subject to the limitations of this section, the independent investigator may provide to the California State Auditor any evidence gathered during the investigation that, in the judgment of the independent investigator, is necessary to support any of the report’s recommendations. Within 60 days of receiving the independent investigator’s report, the California State Auditor shall report to the independent investigator any actions that it has taken or that it intends to take to implement the recommendations. The California State Auditor shall file subsequent reports on a monthly basis until final action has been taken.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Within 60 days after receiving a copy
of the independent investigator’s report, the California State Auditor’s Office shall either serve a notice of adverse action upon the employee who is the subject of the investigative report, or submit to the independent investigator in writing its reasons for not taking adverse action.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the California State Auditor’s Office elects not to serve a notice of adverse action upon the employee who is the subject of the investigative report, then, within 10 days of receiving the reasons provided by the California State Auditor’s Office pursuant to subparagraph (A), the independent investigator shall:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Notify the Joint Legislative Audit Committee, as described in Section 10501, that it has provided a report to the California State Auditor’s Office pursuant to this paragraph.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Upon request, provide a copy of the
report described in this paragraph, redacted to remove all information that could identify any reporting party, witness, or employee, to the Joint Legislative Audit Committee, as described in Section 10501.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the California State Auditor’s Office does not take adverse action, the independent investigator may seek consent from the State Personnel Board to file charges in accordance with Section 19583.5.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The following shall not be confidential:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A notice of adverse action served by the California State Auditor.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A request to file charges filed by the independent investigator with the State Personnel Board.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The California State Auditor’s Office shall reimburse the
Employment and Administrative Mandate Section of the Department of Justice for the costs of retaining the independent investigator.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For purposes of this subdivision and any investigation conducted pursuant thereto, “improper governmental activity” has the same meaning as set forth in subdivision (c) of Section 8547.2, except that it shall not include violations of an executive order of the Governor, any policy or procedure mandated by the State Administrative Manual or State Contracting Manual, or any other rule, regulation, or requirement that the California State Auditor’s Office, because of its independence from executive branch and legislative control, is not required to follow.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, “independent investigator” means an investigator who is retained by the Employment and Administrative Mandate Section of the Department of Justice who is all of
the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An attorney who is licensed to practice law in this state or a certified fraud examiner.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A person who is experienced in investigating allegations of improper governmental activity in a confidential manner.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A person who is outside of, and independent from, the California State Auditor’s Office and also independent of the executive branch and legislative control.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_7D4095A8-A776-4C03-AC2A-6A5EB88FE852">
<ns0:Num>SEC. 85.</ns0:Num>
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Section 8657 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_11F70C2B-48F1-4A2F-A673-A6FF978A471F">
<ns0:Num>8657.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Volunteers duly enrolled or registered with the Office of Emergency Services or any disaster council of any political subdivision, or unregistered persons duly impressed into service during a state of war emergency, a state of emergency, or a local emergency, in carrying out, complying with, or attempting to comply with, any order or regulation issued or promulgated pursuant to the provisions of this chapter or any local ordinance, or performing any of their authorized functions or duties or training for the performance of their authorized functions or duties, shall have the same degree of responsibility for their actions and enjoy the same immunities as officers and employees of the state and its political subdivisions performing similar work for their respective entities.
</html:p>
<html:p>
(b)
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No political subdivision or other public agency under any circumstances, nor the officers, employees, agents, or duly enrolled or registered volunteers thereof, or unregistered persons duly impressed into service during a state of war emergency, a state of emergency, or a local emergency, acting within the scope of their official duties under this chapter or any local ordinance shall be liable for personal injury or property damage sustained by any duly enrolled or registered volunteer engaged in or training for emergency preparedness or relief activity, or by any unregistered person duly impressed into service during a state of war emergency, a state of emergency, or a local emergency and engaged in such service. The foregoing shall not affect the right of any such person to receive benefits or compensation which may be specifically provided by the provisions of any federal or state statute nor shall it affect the right of any person to recover under the terms of any policy of
insurance.
</html:p>
<html:p>
(c)
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The California Earthquake Prediction Evaluation Council, an advisory committee established pursuant to former Section 8590 (repealed by Chapter 56 of the Statutes of 1993), may advise the Governor of the existence of an earthquake or volcanic prediction having scientific validity. In its review, hearings, deliberations, or other validation procedures, members of the council, jointly and severally, shall have the same degree of responsibility for their actions and enjoy the same immunities as officers and employees of the state and its political subdivisions engaged in similar work in their respective entities. Any person making a presentation to the council as part of the council’s validation process, including presentation of a prediction for validation, shall be deemed a member of the council until the council has found the prediction to have or not have scientific validity.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_14A5BFE1-A485-4D6E-A8B1-80B5C6A0D83F">
<ns0:Num>SEC. 86.</ns0:Num>
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Section 11126 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_4874221A-1FA5-4D88-92BA-95A89E30C3F5">
<ns0:Num>11126.</ns0:Num>
<ns0:LawSectionVersion id="id_B5E22234-0BAB-4BB7-9234-997E87A5A563">
<ns0:Content>
<html:p>
(a)
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(1)
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Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing.
</html:p>
<html:p>
(2)
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As a condition to holding a closed session on the complaints or charges to consider disciplinary action or to consider dismissal, the employee shall be given written notice of their right to have a public hearing, rather than a closed session, and that notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding a
regular or special meeting. If notice is not given, any disciplinary or other action taken against any employee at the closed session shall be null and void.
</html:p>
<html:p>
(3)
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The state body also may exclude from any public or closed session, during the examination of a witness, any or all other witnesses in the matter being investigated by the state body.
</html:p>
<html:p>
(4)
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Following the public hearing or closed session, the body may deliberate on the decision to be reached in a closed session.
</html:p>
<html:p>
(b)
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For the purposes of this section, “employee” does not include any person who is elected to, or appointed to a public office by, any state body. However, officers of the California State University who receive compensation for their services, other than per diem and ordinary and necessary expenses, shall, when engaged in that capacity, be considered
employees. Furthermore, for purposes of this section, the term employee includes a person exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.
</html:p>
<html:p>
(c)
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Nothing in this article shall be construed to do any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Prevent state bodies that administer the licensing of persons engaging in businesses or professions from holding closed sessions to prepare, approve, grade, or administer examinations.
</html:p>
<html:p>
(2)
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Prevent an advisory body of a state body that administers the licensing of persons engaged in businesses or professions from conducting a closed session to discuss matters that the advisory body has found would constitute an unwarranted invasion of the privacy of an individual licensee or applicant if discussed in an open meeting, provided the advisory
body does not include a quorum of the members of the state body it advises. Those matters may include review of an applicant’s qualifications for licensure and an inquiry specifically related to the state body’s enforcement program concerning an individual licensee or applicant where the inquiry occurs prior to the filing of a civil, criminal, or administrative disciplinary action against the licensee or applicant by the state body.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Prohibit a state body from holding a closed session to deliberate on a decision to be reached in a proceeding required to be conducted pursuant to Chapter 5 (commencing with Section 11500) or similar provisions of law.
</html:p>
<html:p>
(4)
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Grant a right to enter any correctional institution or the grounds of a correctional institution where that right is not otherwise granted by law, nor shall anything in this article be construed to prevent a state body from
holding a closed session when considering and acting upon the determination of a term, parole, or release of any individual or other disposition of an individual case, or if public disclosure of the subjects under discussion or consideration is expressly prohibited by statute.
</html:p>
<html:p>
(5)
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Prevent any closed session to consider the conferring of honorary degrees, or gifts, donations, and bequests that the donor or proposed donor has requested in writing to be kept confidential.
</html:p>
<html:p>
(6)
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Prevent the Alcoholic Beverage Control Appeals Board or the Cannabis Control Appeals Panel from holding a closed session for the purpose of holding a deliberative conference as provided in Section 11125.
</html:p>
<html:p>
(7)
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(A)
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Prevent a state body from holding closed sessions with its negotiator prior to the purchase, sale, exchange, or
lease of real property by or for the state body to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
However, prior to the closed session, the state body shall hold an open and public session in which it identifies the real property or real properties that the negotiations may concern and the person or persons with whom its negotiator may negotiate.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For purposes of this paragraph, the negotiator may be a member of the state body.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For purposes of this paragraph, “lease” includes renewal or renegotiation of a lease.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Nothing in this paragraph shall preclude a state body from holding a closed session for discussions regarding eminent domain proceedings pursuant to
subdivision (e).
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Prevent the California Postsecondary Education Commission from holding closed sessions to consider matters pertaining to the appointment or termination of the Director of the California Postsecondary Education Commission.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Prevent the Bureau for Private Postsecondary Education from holding closed sessions to consider matters pertaining to the appointment or termination of the Executive Director of the Bureau for Private Postsecondary Education.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Prevent the Franchise Tax Board from holding closed sessions for the purpose of discussion of confidential tax returns or information the public disclosure of which is prohibited by law, or from considering matters pertaining to the appointment or removal of the Executive Officer of the Franchise Tax Board.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Require the Franchise Tax Board to notice or disclose any confidential tax information considered in closed sessions, or documents executed in connection therewith, the public disclosure of which is prohibited pursuant to Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Prevent the Board of State and Community Corrections from holding closed sessions when considering reports of crime conditions under Section 6027 of the Penal Code.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Prevent the State Air Resources Board from holding closed sessions when considering the proprietary specifications and performance data of manufacturers.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Prevent the State Board of Education or the Superintendent of Public Instruction, or any
committee advising the board or the Superintendent, from holding closed sessions on those portions of its review of assessment instruments pursuant to Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 of Title 2 of the Education Code during which actual test content is reviewed and discussed. The purpose of this provision is to maintain the confidentiality of the assessments under review.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Prevent the Department of Resources Recycling and Recovery or its auxiliary committees from holding closed sessions for the purpose of discussing confidential tax returns, discussing trade secrets or confidential or proprietary information in its possession, or discussing other data, the public disclosure of which is prohibited by law.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
Prevent a state body that invests retirement, pension, or endowment funds from holding closed sessions when considering investment
decisions. For purposes of consideration of shareholder voting on corporate stocks held by the state body, closed sessions for the purposes of voting may be held only with respect to election of corporate directors, election of independent auditors, and other financial issues that could have a material effect on the net income of the corporation. For the purpose of real property investment decisions that may be considered in a closed session pursuant to this paragraph, a state body shall also be exempt from the provisions of paragraph (7) relating to the identification of real properties prior to the closed session.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
Prevent a state body, or boards, commissions, administrative officers, or other representatives that may properly be designated by law or by a state body, from holding closed sessions with its representatives in discharging its responsibilities under Chapter 10 (commencing with Section 3500), Chapter 10.3 (commencing with
Section 3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 as the sessions relate to salaries, salary schedules, or compensation paid in the form of fringe benefits. For the purposes enumerated in the preceding sentence, a state body may also meet with a state conciliator who has intervened in the proceedings.
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Prevent a state body from holding closed sessions to consider matters posing a threat or potential threat of criminal or terrorist activity against the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body, where disclosure of these considerations could compromise or impede the safety or security of the personnel, property, buildings, facilities, or equipment, including electronic data, owned, leased, or controlled by the state body.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding any other law, a state body, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
After meeting in closed session pursuant to subparagraph (A), the state body shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
After meeting in closed session pursuant to subparagraph (A), the state body shall submit to the Legislative Analyst written notification stating that it held this closed session, the general reason or reasons for the closed session, the general nature of the matters considered, and whether any action was taken in
closed session. The Legislative Analyst shall retain for no less than four years any written notification received from a state body pursuant to this subparagraph.
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
Prevent the California Sex Offender Management Board from holding a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification pursuant to Sections 290.09 and 9003 of the Penal Code. Those matters may include review of an applicant’s qualifications for certification.
</html:p>
<html:p>
(20)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Prevent the Research Advisory Panel established in Sections 11480 and 11481 of the Health and Safety Code from holding closed sessions for the purpose of discussing, reviewing, and approving research projects, including applications and amendment applications, that contain sensitive and confidential information, including, but not limited to,
trade secrets, intellectual property, or proprietary information in its possession, the public disclosure of which is prohibited by law.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph shall become inoperative on January 1, 2027.
</html:p>
<html:p>
(21)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Prevent the governing board or advisory panel of the California Earthquake Authority described in Section 10089.7 of the Insurance Code from holding a closed session, to the extent that session would address the development of rates, reinsurance, and strategy, pursuant to the powers granted in paragraph (5) of subdivision (c) of Section 10089.7 of the Insurance Code, paragraph (7) of subdivision (b) of Section 10089.33 of the Insurance Code, and subdivision (a) of Section 10089.40 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the California Earthquake Authority.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding any other provision of law, the governing board or advisory panel of the California Earthquake Authority, at any regular or special meeting, may meet in a closed session pursuant to subparagraph (A) upon a two-thirds vote of the members present at the meeting taken after first providing an opportunity for members of the public to be heard on the issue of the appropriateness of meeting in closed session.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
After meeting in closed session pursuant to subparagraph (A), the governing board or advisory panel of the California Earthquake Authority shall reconvene in open session prior to adjournment and report that a closed session was held pursuant to subparagraph (A), the general nature of the matters considered, and whether any action was taken in closed session.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If the duration of a closed
session held pursuant to subparagraph (A) is longer than two hours, the governing board or advisory panel of the California Earthquake Authority shall provide reasonable notice to the public, either by email to the California Earthquake Authority’s public notice list or by posting on the California Earthquake Authority’s website, before reconvening in open session pursuant to subparagraph (C).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, any meeting of the Public Utilities Commission at which the rates of entities under the commission’s jurisdiction are changed shall be open and public.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Nothing in this article shall be construed to prevent the Public Utilities Commission from holding closed sessions to deliberate on the institution of proceedings, or disciplinary actions against any person or entity under the jurisdiction of the commission.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An adjudicatory
proceeding before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the state body is a party, has been initiated formally.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
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A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Based on existing facts and circumstances, the state body is meeting only to decide whether a closed session is authorized pursuant to clause (i).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The legal counsel of the state body
shall prepare and submit to it a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subparagraph (A) of paragraph (2), the memorandum shall include the title of the litigation. If the closed session is pursuant to subparagraph (B) or (C) of paragraph (2), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the state body prior to the closed session, if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 7927.205.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this subdivision, “litigation” includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Disclosure of a memorandum required under this subdivision shall not be deemed as a waiver of the lawyer-client privilege, as provided for under Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
In addition to subdivisions (a), (b), and (c), nothing in this article shall be construed to do any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Prevent a state body operating under a joint powers agreement for insurance pooling from holding a closed session to discuss a claim for the payment of tort liability or public liability losses incurred by the state body or any member agency under the joint powers agreement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Prevent the examining committee established by the State Board of Forestry and Fire Protection, pursuant to Section 763 of the Public Resources Code, from conducting a
closed session to consider disciplinary action against an individual professional forester prior to the filing of an accusation against the forester pursuant to Section 11503.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Prevent the enforcement advisory committee established by the California Board of Accountancy pursuant to Section 5020 of the Business and Professions Code from conducting a closed session to consider disciplinary action against an individual accountant prior to the filing of an accusation against the accountant pursuant to Section 11503. Nothing in this article shall be construed to prevent the qualifications examining committee established by the California Board of Accountancy pursuant to Section 5023 of the Business and Professions Code from conducting a closed hearing to interview an individual applicant or accountant regarding the applicant’s qualifications.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Prevent a state body, as defined in
subdivision (b) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in closed session by the state body whose authority it exercises.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Prevent a state body, as defined in subdivision (d) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the body defined as a state body pursuant to subdivision (a) or (b) of Section 11121.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Prevent a state body, as defined in subdivision (c) of Section 11121, from conducting a closed session to consider any matter that properly could be considered in a closed session by the state body it advises.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Prevent the State Board of Equalization from holding closed sessions for either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
When considering matters pertaining to the appointment or removal of the Executive Secretary of the State Board of Equalization.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For the purpose of hearing confidential taxpayer appeals or data, the public disclosure of which is prohibited by law.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Require the State Board of Equalization to disclose any action taken in closed session or documents executed in connection with that action, the public disclosure of which is prohibited by law pursuant to Sections 15619 and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Prevent the California Earthquake Prediction Evaluation Council, or other body appointed to advise the Director
of Emergency Services or the Governor concerning matters relating to volcanic or earthquake predictions, from holding closed sessions when considering the evaluation of possible predictions.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This article does not prevent either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The Teachers’ Retirement Board or the Board of Administration of the Public Employees’ Retirement System from holding closed sessions when considering matters pertaining to the recruitment, appointment, employment, or removal of the chief executive officer or when considering matters pertaining to the recruitment or removal of the Chief Investment Officer of the State Teachers’ Retirement System or the Public Employees’ Retirement System.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Commission on Teacher Credentialing from holding closed sessions when considering matters relating to the recruitment,
appointment, or removal of its executive director.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This article does not prevent the Board of Administration of the Public Employees’ Retirement System from holding closed sessions when considering matters relating to the development of rates and competitive strategy for plans offered pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This article does not prevent the Managed Risk Medical Insurance Board from holding closed sessions when considering matters related to the development of rates and contracting strategy for entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board provides, receives, or arranges services or reimbursement, pursuant to Part 6.2 (commencing with Section
12693), former Part 6.3 (commencing with Section 12695), former Part 6.4 (commencing with Section 12699.50), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Nothing in this article shall be construed to prevent the board of the State Compensation Insurance Fund from holding closed sessions in the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
When considering matters related to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To the extent that matters related to audits and investigations that have not been completed would be
disclosed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
To the extent that an internal audit containing proprietary information would be disclosed.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
To the extent that the session would address the development of rates, contracting strategy, underwriting, or competitive strategy, pursuant to the powers granted to the board in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, when discussion in open session concerning those matters would prejudice the position of the State Compensation Insurance Fund.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The State Compensation Insurance Fund shall comply with the procedures specified in Section 11125.4 with respect to any closed session or meeting authorized by subdivision (j), and in addition shall provide an opportunity for a member of the public to be heard on the issue of the appropriateness of closing the
meeting or session.
</html:p>
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<ns0:BillSection id="id_614985F8-5C89-4E7E-94B9-8EDBC39B9116">
<ns0:Num>SEC. 87.</ns0:Num>
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Section 12530.5 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_55B6413E-2F06-4620-A7E1-764DF710C111">
<ns0:Num>12530.5.</ns0:Num>
<ns0:LawSectionVersion id="id_15074CC2-74D7-48B9-AE52-7B347BE37F77">
<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"/>
“Forced labor or services” means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, coercion, or equivalent conduct that would reasonably overbear the will of the person.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Labor trafficking” means depriving or violating the personal liberty of another person with the intent to obtain forced labor or services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Unit” means the Labor Trafficking Unit established within the Department of Justice.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
There is hereby established
within the Department of Justice the Labor Trafficking Unit.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The unit shall receive labor trafficking reports or complaints from law enforcement agencies and other governmental entities and refer the reports or complaints to appropriate agencies for investigation, prosecution, or other remedies.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The unit shall coordinate with the Department of Industrial Relations, the Civil Rights Department, the Employment Development Department, the State Department of Health Care Services, the State Department of Social Services, the Department of Food and Agriculture, and the Department of Fish and Wildlife.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The unit may coordinate with other relevant state agencies under whose jurisdiction labor trafficking may occur, state and local law enforcement agencies, tribal law enforcement
agencies, and district attorneys’ offices.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The unit shall make efforts to ensure that local, state, and tribal entities use a victim-centered approach when receiving and processing victim reports or complaints of labor trafficking and when reporting suspected labor trafficking to the unit.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The unit shall follow a victim-centered approach when processing labor trafficking reports or complaints and shall ensure that victims are informed of the services and options available to them. The unit may coordinate with local, state, and tribal entities to connect victims to available services.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Department of Industrial Relations and the Civil Rights Department shall collaborate with the unit to develop policies, procedures, and protocols to track, record, and report potential labor
trafficking activity to the unit.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
On a quarterly basis, the Department of Industrial Relations and the Civil Rights Department shall report the information described in paragraph (1) of subdivision (h) to the unit.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Department of Industrial Relations and the Civil Rights Department shall report suspected labor trafficking to the unit immediately when, upon investigating business under their purview, they suspect labor trafficking is occurring or has occurred.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The unit shall develop a tracking and reporting system to collect labor trafficking reports and complaints. These reports and complaints shall be aggregated and analyzed to identify potential labor trafficking reports and complaints to be further investigated by the Department of Justice or referred to the appropriate federal, state, or local law
enforcement agency, tribal law enforcement agency, or district attorney’s office for civil action, criminal prosecution, or other remedy.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before April 1, 2027, and on or before April 1 every year thereafter, the unit shall submit a report to the Legislature that includes the following information pertaining to the prior calendar year:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The number and types of reports or complaints received, including the date the reports or complaints were received by the reporting agency and the date they were referred to the Department of Justice.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The number and types of reports or complaints investigated by the Department of Justice.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The number and types of referrals by the Department of Justice to law enforcement
agencies pursuant to subdivision (c).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Descriptive statistics of demographic characteristics about labor trafficking victims correlated with the industry where the trafficking occurred.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Descriptive statistics of demographic characteristics about labor trafficking victims who were referred for services or support correlated with the names of the agencies where those labor trafficking victims were referred for services or support and the type of services and support available at those agencies if known at the time of referral.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Descriptive statistics of demographic characteristics about persons accused of labor trafficking correlated with the industry where the trafficking occurred.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The unit shall also include in each annual report a
discussion of the major challenges to addressing labor trafficking reports and the ongoing efforts to address those challenges.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2036.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The operation of this section is contingent upon adequate appropriation by the Legislature in the annual Budget Act or another statute for the purposes of this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the Legislature does not appropriate adequate funding by January 1, 2030:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
This section shall be repealed unless a later
enacted statute that is enacted before January 1, 2030, deletes or extends that date.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The Department of Justice shall file with the Secretary of State by January 1, 2030, the department’s determination that the Legislature has not appropriated adequate funding.
</html:p>
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</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_75DFC122-27F0-4485-9B92-88FC00EB9A74">
<ns0:Num>SEC. 88.</ns0:Num>
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Section 14072.6 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_736B3705-93C4-4D5A-BCF6-0434EF029525">
<ns0:Num>14072.6.</ns0:Num>
<ns0:LawSectionVersion id="id_C45FD1C7-D288-4A26-8BD7-1B21D66C9C99">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Upon appropriation by the Legislature for purposes of this subdivision, the secretary, with technical and subject matter assistance from the Secretary for Environmental Protection and the Secretary of the Natural Resources Agency, shall submit a report to the Legislature no later than two years after an appropriation is made by the Legislature for purposes of this subdivision regarding the LOSSAN Rail Corridor that includes all of the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A baseline summary of transportation and environmental conditions in existence as of January 1, 2025, along the rail corridor.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Prioritized capital improvement projects in the corridor necessary to improve
current services and achieve service growth, performance, and network goals consistent with the State Rail Plan prepared pursuant to Section 14036. Each prioritized capital improvement project identified pursuant to this subparagraph shall indicate in the report whether it is aligned with the near-term, mid-term, or long-term planning year horizons identified in the State Rail Plan and shall indicate in the report the specific service outcomes tied to the project.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Prioritized improvement projects in the corridor necessary to ensure the resiliency of both natural resources and transportation infrastructure.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A description of administrative actions taken by the Transportation Agency using authority in existence before January 1, 2025, to improve operations and performance of the corridor.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Recommendations for
the corridor to connect with other passenger rail services.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Strategies to support and improve existing rail service and increase ridership, including a description of necessary operations funding for increased service frequencies.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Recommendations to achieve zero-emission state-supported intercity service, including an analysis of available technologies and necessary corridor infrastructure. The recommendations made pursuant to this subparagraph shall identify efforts by the Southern California Regional Rail Authority and the North County Transit District to achieve zero-emission services, and opportunities to coordinate those efforts and ensure interoperability between those zero-emission services.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Strategies and recommendations to support coastal hazard resiliency planning in the corridor.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A description of coordination activities through the federal Corridor Identification and Development Program established pursuant to Section 25101 of Title 49 of the United States Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In preparing the report pursuant to this subdivision, the secretary shall consult existing plans, studies, reports, and guidance for the LOSSAN Rail Corridor, including, but not limited to, the LOSSAN Rail Corridor Optimization Study, the LOSSAN Rail Corridor Agency Business Plan adopted by the LOSSAN Rail Corridor Agency, the guidance document “Critical Infrastructure at Risk: Sea Level Rise Planning Guidance for California’s Coastal Zone” adopted by the California Coastal Commission, and the report submitted to the Legislature pursuant to subdivision (c).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
When undertaking the duties pursuant to this subdivision, the
secretaries identified in paragraph (1) may consult with any other state agency, as needed for technical and subject matter assistance.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For projects identified pursuant to paragraph (1), the secretary shall include in the report all available funding sources, projected completion schedules for priority projects, current funding shortfalls, recommended strategies and plans to address any funding shortfall, and next steps for site-specific project analysis and environmental review documents. In identifying projects pursuant to paragraph (1), if the secretary does not identify a project that is included in the 2024 LOSSAN Rail Corridor Agency Business Plan and has approved environmental or programmatic documents, or if the secretary includes a modified version of one of those projects, the secretary shall explain in the report why the project was excluded or why the project was included in a modified version, as applicable.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The secretary shall convene a working group that includes, but is not limited to, representatives of all of the following entities:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
LOSSAN Rail Corridor track owners.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
LOSSAN Rail Corridor passenger and freight rail operators, including managing agencies, joint powers authorities, and transit districts responsible for rail services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The county transportation commissions for the Counties of Los Angeles, Orange, Riverside, San Bernardino, and Ventura established pursuant to Division 12 (commencing with Section 130000) of the Public Utilities Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The metropolitan planning organizations for the Counties of Los Angeles, Orange, San Diego, San Luis Obispo, Santa Barbara, and
Ventura.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Business, community, transportation, environmental, labor, and civic organizations.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The California Coastal Commission.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The Division of Rail in the department.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The working group convened pursuant to subdivision (b) shall submit consensus recommendations and feedback in a report to the Legislature on or before February 1, 2026, on all of the following as necessary to ensure the long-term viability of comprehensive and coordinated passenger and freight rail services in, or that connect to, the LOSSAN Rail Corridor as of January 1, 2025:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Strategies to increase rail service coordination and reduce disruptions or delays, including, but not
limited to, those caused by resiliency vulnerabilities, track closures, state of good repair, equipment, and staffing. The recommendations made pursuant to this subparagraph should result in improved maintenance and conditions of assets, reduced track closures, and greater on-time performance.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Alternative management and operations models or structures that improve intercity and regional rail services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Changes to state statutes, rules, or funding necessary to improve the quality, performance, usage, management, or frequency of passenger rail services with a focus on streamlining, clarifying, and improving existing processes or procedures. In making recommendations and providing feedback pursuant to this subparagraph, the working group shall review how local and regional planning agencies responsible for recommending transportation strategies include information about train
service, operations, capital projects, resiliency, and performance in their respective planning documents, including, but not limited to, sustainable communities strategies, regional transportation plans, transportation demand management plans, and long-range transportation plans.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Coordination of planning and project development through the federal Corridor Identification and Development Program established pursuant to Section 25101 of Title 49 of the United States Code to streamline processes and expand opportunities for federal capital funding.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The working group shall consider the known and expected impacts of recommendations on the coastal environment and local communities, and consider opportunities to support the coastal zone and local communities when making recommendations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The working group shall
recognize the ownership and rights held in the LOSSAN Rail Corridor, and past and ongoing service, operations, and capital investments made by the member agencies of the LOSSAN Rail Corridor Agency, the Southern California Regional Rail Authority, and the North County Transit District.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The recommendations required pursuant to this subdivision shall be developed with meaningful public engagement led by the working group convened pursuant to subdivision (b).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Before submitting the report to the Legislature pursuant to this subdivision, the working group shall submit the recommendations and feedback to the governing boards of the LOSSAN Rail Corridor Agency, the Southern California Regional Rail Authority, and the North County Transit District for review and consideration. A governing board described in this paragraph shall notify the secretary of any action taken in response
to these recommendations or feedback and the secretary shall include all of the information provided by the governing board pursuant to that notification in the report required pursuant to this subdivision.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The secretary and working group may also include information in the report required pursuant to this subdivision regarding where additional follow-up discussion or action is needed.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The requirement for submitting a report imposed under this subdivision is inoperative on February 1, 2030, pursuant to Section 10231.5.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The reports to be submitted pursuant to subdivisions (a) and (c) shall be submitted in compliance with Section 9795.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Pursuant to Section 10231.5, this section is inoperative four
years after the date that the report described in subdivision (a) is required to be submitted to the Legislature and, as of January 1 following the date that this section is inoperative, is repealed.
</html:p>
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<ns0:BillSection id="id_7C8B0BCF-DCB1-49CE-86BF-146C3226B5E1">
<ns0:Num>SEC. 89.</ns0:Num>
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Section 14839 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_BF42791D-697A-4FA7-8B7B-AB5D741AF92F">
<ns0:Num>14839.</ns0:Num>
<ns0:LawSectionVersion id="id_3E114FAF-7540-47AB-9100-5A4A040EFBC7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
There is hereby established within the department the Office of Small Business and Disabled Veteran Business Enterprise Services. The duties of the office shall include:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Compiling and maintaining a comprehensive bidders list of qualified small businesses and disabled veteran business enterprises, and noting which small businesses also qualify as microbusinesses.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Coordinating with the federal Small Business Administration, the Minority Business Development Agency, the California Disabled Veteran Business Enterprise Program Advocate, appointed by the Secretary of the Department of Veterans Affairs pursuant to Section 999.11 of the Military and Veterans Code, and the Small Business Advocate,
appointed by the Governor pursuant to Section 12098.3.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Providing technical and managerial aids to small businesses, microbusinesses, and disabled veteran business enterprises by conducting workshops on matters in connection with government procurement and contracting.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Assisting small businesses, microbusinesses, and disabled veteran business enterprises, in complying with the procedures for bidding on state contracts.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Working with appropriate state, federal, local, and private organizations and business enterprises in disseminating information on bidding procedures and opportunities available to small businesses, microbusinesses, and disabled veteran business enterprises.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Making recommendations to the department and other state agencies
for simplification of specifications and terms in order to increase the opportunities for small business, microbusiness, minority-owned business, women-owned business, LGBTQ-owned business, and disabled veteran business enterprise participation.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Developing, by regulation, other programs and practices that are reasonably necessary to aid and protect the interest of small businesses, microbusinesses, and disabled veteran business enterprises in contracting with the state, including, but not limited to, those specified in Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Making efforts to develop, in cooperation with associations representing counties, cities, and special districts, a core statewide small business certification application that may be adopted by all participating entities, with any supplemental provisions to
be added as necessary by the respective entities.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Marketing the benefits and availability of state small business certification to businesses that currently hold a federal certification as a disadvantaged business enterprise.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Making available the option for an applicant or certified firm to voluntarily identify that the business is at least 51 percent owned by, and whose management and daily operations are controlled by, one or more individuals who identify as any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Black (a person having origins in any of the Black racial groups of Africa); Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin regardless of race); Native American (an American Indian, Inuk, Aleut, or Native Hawaiian); Pacific-Asian (a person whose
origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, or the United States Trust Territories of the Pacific, including North Marianas); Asian-Indian (a person whose origins are from India, Pakistan, or Bangladesh).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A woman.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
LGBTQ.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding any other law, including Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code, the department may publicly display the information specified in paragraph (10) of subdivision (a) within the certification profile of the firm using the state’s certification system.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The information furnished by each contractor requesting a small business or microbusiness preference shall be under penalty of
perjury.
</html:p>
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<ns0:BillSection id="id_8E57C12C-E264-4785-8D95-A32124B99113">
<ns0:Num>SEC. 90.</ns0:Num>
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Section 14840 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_79F9BFC0-C2A4-470B-802F-8B6EF6DB39BD">
<ns0:Num>14840.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In the process of certifying and determining the eligibility of a disabled veteran business enterprise or a small business enterprise, including a microbusiness, the department shall require the applicant or certified firm to submit a written declaration, under penalty of perjury, that the information submitted to the department pursuant to this chapter, and in the case of a disabled veteran enterprise all information submitted to the department pursuant to Section 999.2 of the Military and Veterans Code, is true and correct.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall make available the option for an applicant or certified firm to voluntarily identify that the business is at least 51 percent owned by, and whose management and daily operations are
controlled by, one or more individuals who identifies as any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Black (a person having origins in any of the Black racial groups of Africa); Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin regardless of race); Native American (an American Indian, Inuk, Aleut, or Native Hawaiian); Pacific-Asian (a person whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, or the United States Trust Territories of the Pacific, including North Marianas); Asian-Indian (a person whose origins are from India, Pakistan, or Bangladesh).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A woman.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
LGBTQ.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding any other law, including Title 1.8 (commencing
with Section 1798) of Part 4 of Division 3 of the Civil Code, the department may publicly display this information within the certification profile of the firm using the state’s certification system.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the department determines that just cause exists, it may require the owner of the disabled veteran business enterprise, microbusiness, or small business, the applicant, or the certified firm to complete and submit to the department a federal Form 4506-T from the Internal Revenue Service, United States Department of the Treasury, requesting a transcript of a tax return.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the purposes of this subdivision, “just cause” means either of the following circumstances exist:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The department receives a complaint regarding the certified firm.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The department determines, based on its findings during the course of any certification eligibility review of the applicant or certified firm, that the action described in paragraph (1) is necessary.
</html:p>
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<ns0:BillSection id="id_D160D130-836C-437D-BCC7-7FC05B2008B2">
<ns0:Num>SEC. 91.</ns0:Num>
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Section 19829.9852 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_B5646051-1F7E-4D64-95BD-93863845201E">
<ns0:Num>19829.9852.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding Section 13340, for the 2024–25 fiscal year, if the Budget Act of 2024 is not enacted by July 1, 2024, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2026, inclusive),
State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 11 (effective July 1, 2023 to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2023, to July 1, 2025, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30,
2026, 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 2024 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, 2024, of the 2024–25 fiscal year and the enactment of the Budget Act of 2024.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June
30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2026, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023,
to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2023, to July 1, 2025, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, 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 2024, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2024 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 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2026, inclusive), State Bargaining Unit 9 (effective July 1,
2022, to June 30, 2025, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2023, to July 1, 2025, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), memoranda of
understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memoranda of understanding have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 2 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 3 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 4 expires on June 30, 2026, 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, 2025, the memorandum of understanding for State Bargaining Unit 7 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 8 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 9 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 10 expires on July 1,
2027, the memorandum of understanding for State Bargaining Unit 11 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 12 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 13 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 14 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 15 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 16 expires on July 1, 2025, the memorandum of understanding for State Bargaining Unit 17 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2025, the memorandum of understanding for State Bargaining Unit 19 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 20 expires June 30, 2026, and the memorandum of understanding for State Bargaining Unit 21 expires on June 30, 2026.
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<ns0:BillSection id="id_1816870E-B3A9-4BF1-B749-AD98D98ABF86">
<ns0:Num>SEC. 92.</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:Fragment>
<ns0:LawSection id="id_E5914284-A858-4D93-86BC-7DBE372F7FA0">
<ns0:Num>19829.9854.</ns0:Num>
<ns0:LawSectionVersion id="id_5AEB8814-90F4-42BD-99FF-6BE14742E3C2">
<ns0:Content>
<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 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2026, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive),
State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, 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 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2026, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to
June 30, 2026, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, 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 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2026, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 14 (effective July 1,
2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memoranda of understanding have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 3 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 4 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 5 expires on June 30, 2027, the memorandum of understanding for State Bargaining Unit 7 expires on June 30, 2026, the memorandum of understanding for State
Bargaining Unit 8 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 10 expires on July 1, 2027, the memorandum of understanding for State Bargaining Unit 11 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 12 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 14 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 15 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 17 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 20 expires June 30, 2026, and the memorandum of understanding for State Bargaining Unit 21 expires on June 30, 2026.
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<ns0:BillSection id="id_BC6043AC-C585-416A-AF36-AA350439DEE5">
<ns0:Num>SEC. 93.</ns0:Num>
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Section 51298 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_B934AE37-307E-451D-8D28-12573FF9EEC7">
<ns0:Num>51298.</ns0:Num>
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<html:p>It is the intent of the Legislature in enacting this chapter to provide local governments with opportunities to attract large manufacturing facilities to invest in their communities and to encourage industries, such as high technology, aerospace, automotive, biotechnology, software, environmental sources, and others, to locate and invest in those facilities in California.</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Commencing in the 1998–99 fiscal year, the governing body of a county, city and county, or city, may, by means of an ordinance or resolution approved by a majority of its entire membership, elect to establish a capital investment incentive program. In any county, city and county, or city in which the governing body has so elected, the county, city and county, or city shall, upon the approval by a majority of the
entire membership of its governing body of a written request therefor, pay a capital investment incentive amount to the proponent of a qualified manufacturing facility for up to 15 consecutive fiscal years. A request for the payment of capital investment incentive amounts shall be filed by a proponent in writing with the governing body of an electing county, city and county, or city in the time and manner specified in procedures adopted by that governing body. In the case in which the governing body of an electing county, city and county, or city approves a request for the payment of capital investment incentive amounts, both of the following conditions shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The consecutive fiscal years during which a capital investment incentive amount is to be paid shall commence with the first fiscal year commencing after the date upon which the qualified manufacturing facility is certified for occupancy or, if no certification is issued, the
first fiscal year commencing after the date upon which the qualified manufacturing facility commences operation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In accordance with paragraph (4) of subdivision (d), the annual payment to a proponent of each capital investment incentive amount shall be contingent upon the proponent’s payment of a community services fee.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Capital investment incentive amount” means, with respect to a qualified manufacturing facility for a relevant fiscal year, an amount up to or equal to the amount of ad valorem property tax revenue allocated to the participating local agency, which excludes the revenue transfers required by Sections 97.2 and 97.3 of the Revenue and Taxation Code, from the taxation of that portion of the total assessed value of that real and personal property described in
subparagraph (A) of paragraph (4) that is in excess of one hundred fifty million dollars ($150,000,000).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Manufacturing” means the activity of converting or conditioning property by changing the form, composition, quality, or character of the property for ultimate sale at retail or use in the manufacturing of a product to be ultimately sold at retail. Manufacturing includes any improvements to tangible personal property that result in a greater service life or greater functionality than that of the original property.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Proponent” means a party or parties that meet all of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The party is named in the application to the county, city and county, or city within which the qualified manufacturing facility would be located for a permit to construct a qualified manufacturing facility.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The party will be the fee owner of the qualified manufacturing facility upon the completion of that facility. Notwithstanding the previous sentence, the party may enter into a sale-leaseback transaction and nevertheless be considered the proponent.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If a proponent that is receiving capital investment incentive amounts subsequently leases the subject qualified manufacturing facility to another party, the lease may provide for the payment to that lessee of any portion of a capital investment incentive amount. Any lessee receiving any portion of a capital investment incentive amount shall also be considered a proponent for the purposes of subdivision (d).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Qualified manufacturing facility” means a proposed manufacturing facility that meets all of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The proponent’s initial investment in that facility, in real and personal property, necessary for the full and normal operation of that facility, made pursuant to the capital investment incentive program, that comprises any portion of that facility or has its situs at that facility, exceeds one hundred fifty million dollars ($150,000,000). Compliance with this subparagraph shall be certified by the Governor’s Office of Business and Economic Development upon the director’s approval of a proponent’s application for certification of a qualified manufacturing facility. An application for certification shall be submitted by a proponent to the Governor’s Office of Business and Economic Development in writing in the time and manner as specified by the director.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The facility is to be located within the jurisdiction of the electing county, city and county, or city to which the request is
made for payment of capital investment incentive amounts.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The facility is operated by any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A business described in Codes 3321 to 3399, inclusive, or Codes 541711 or 541712 of the 2012 North American Industry Classification System (NAICS) Manual published by the United States Office of Management and Budget.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A business engaged in the recovery of minerals from geothermal resources, including the proportional amount of a geothermal electric generating plant that is integral to the recovery process by providing electricity for it.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A business engaged in the manufacturing of parts or components related to the production of electricity using solar, wind, biomass, hydropower, or geothermal resources on or after July 1,
2010.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A business engaged in the manufacturing of fuels, electrical parts, or components used in the field of clean transportation or the production of alternative fuel vehicles or electric vehicles.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The proponent is currently engaged in any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Commercial production.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The perfection of the manufacturing process.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The perfection of a product intended to be manufactured.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A city or special district may, upon the approval by a majority of the entire membership of its governing body, pay to the county, city and county, or city an amount equal to the amount of ad
valorem property tax revenue allocated to that city or special district, but not the actual allocation, derived from the taxation of that portion of the total assessed value of that real and personal property described in subparagraph (A) of paragraph (4) of subdivision (b) that is in excess of one hundred fifty million dollars ($150,000,000).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, “special district” shall not include a school district or a community college district.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A proponent whose request for the payment of capital investment incentive amounts is approved by an electing county, city and county, or city shall enter into a community services agreement with that county, city and county, or city that includes, but is not limited to, all of the following provisions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A provision requiring that a community
services fee be remitted by the proponent to the county, city and county, or city, in each fiscal year, in an amount that is equal to 25 percent of the capital investment incentive amount calculated for that proponent for that fiscal year, except that in no fiscal year shall the amount of the community services fee exceed two million dollars ($2,000,000).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A provision specifying the dates in each relevant fiscal year upon which payment of the community services fee is due and delinquent, and the rate of interest to be charged to a proponent for any delinquent portion of the community services fee amount.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A provision specifying the procedures and rules for the determination of underpayments or overpayments of a community services fee, for the appeal of determinations of any underpayment, and for the refunding or crediting of any overpayment.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A provision specifying that a proponent is ineligible to receive a capital investment incentive amount if that proponent is currently delinquent in the payment of any portion of a community services fee amount, if the qualified manufacturing facility is constructed in a manner materially different from the facility as described in building permit application materials, or if the facility is no longer operated as a qualified manufacturing facility meeting the requirements of paragraph (4) of subdivision (b). If a proponent becomes ineligible to receive a capital investment incentive amount as a result of an agreement provision included pursuant to this subparagraph, the running of the number of consecutive fiscal years specified in an agreement made pursuant to subdivision (a) is not tolled during the period in which the proponent is ineligible.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A provision that sets forth a
job creation plan with respect to the relevant qualified manufacturing facility. The plan shall specify the number of jobs to be created by that facility, and the types of jobs and compensation ranges to be created thereby. The plan shall also specify that for the entire term of the community services agreement, both of the following shall apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
All of the employees working at the qualified manufacturing facility shall be covered by an employer-sponsored health benefits plan, with the exception of any employee who was offered but declined coverage due to other available group coverage.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The average weekly wage, exclusive of overtime, paid to all of the employees working at the qualified manufacturing facility, who are not management or supervisory employees, shall be not less than the state average weekly wage. For the purpose of this subdivision, “state average weekly
wage” means the average weekly wage paid by employers to employees covered by unemployment insurance, as reported to the Employment Development Department for the four calendar quarters ending June 30 of the preceding calendar year.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
In the case in which the proponent fails to operate the qualified manufacturing facility as required by the community services agreement, a provision that requires the recapture of any portion of any capital investment incentive amounts previously paid to the proponent equal to the lesser of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
All of the capital investment incentive amounts paid to the proponent, less all of the community services fees received from the proponent, and less any capital investment incentive amounts previously recaptured.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The last capital investment
incentive amount paid to the proponent, less the last community services fee received from the proponent, multiplied by 40 percent of the number of years remaining in the community services agreement, but not to exceed 10 years, and less any capital investment incentive amounts previously recaptured.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the proponent fails to operate the qualified manufacturing facility as required by the community services agreement, the county, city and county, or city may, upon a finding that good cause exists, waive any portion of the recapture of any capital investment incentive amount due under this subdivision. For the purpose of this subdivision, good cause includes, but is not limited to, both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The proponent has sold or leased the property to a person who has entered into an agreement with the county, city and county, or city to assume all of the responsibilities
of the proponent under the community services agreement.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The qualified manufacturing facility has been rendered inoperable and beyond repair as a result of an act of God, civil disorder, failure of power, riots, insurrections, war, acts of terrorism, or any other causes, whether the kind herein enumerated or otherwise, not within the control of the qualified manufacturing facility claiming good cause, which restrict or interfere with a qualified manufacturing facility’s ability to timely perform, and which by the exercise of reasonable due diligence, such party is or would have been unable to prevent or overcome.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For purposes of this subdivision, failure to operate a qualified manufacturing facility as required by the community services agreement includes, but is not limited to, failure to establish the number of jobs specified in the jobs creation plan created pursuant
to paragraph (5).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each county, city and county, or city that elects to establish a capital investment incentive program shall notify the Governor’s Office of Business and Economic Development of its election to do so no later than June 30 of the fiscal year in which the election was made.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In addition to the information required to be reported pursuant to paragraph (1), each county, city and county, or city that has elected to establish a capital investment incentive program shall notify the Governor’s Office of Business and Economic Development each fiscal year no later than June 30 of the amount of any capital investment incentive payments made and the proponent of the qualified manufacturing facility to whom the payments were made during that fiscal year.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Governor’s Office
of Business and Economic Development shall compile the information submitted by each county, city and county, and city pursuant to paragraphs (1) and (2) and submit a report to the Legislature containing this information no later than October 1, every two years commencing October 1, 2026.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_1F69C22A-791E-4ADC-A3DD-4049CB01391B">
<ns0:Num>SEC. 94.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%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'CHAPTER'%20and%20caml%3ANum%3D'2.99.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'53398.52.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 53398.52 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_411E7A2E-6349-450D-8366-A08DEFD26930">
<ns0:Num>53398.52.</ns0:Num>
<ns0:LawSectionVersion id="id_C27872D6-DFBB-42D7-90FA-8B2E2439A152">
<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 from the COVID-19 pandemic 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:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_240FCCA6-6A1A-4554-BB9B-A1FE6195918E">
<ns0:Num>SEC. 95.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%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'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'8.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54239.4.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 54239.4 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_A1118FF8-220A-4197-839F-E181CC2F2AD9">
<ns0:Num>54239.4.</ns0:Num>
<ns0:LawSectionVersion id="id_BD8E8605-E854-4430-BDF0-F67A16EAC29D">
<ns0:Content>
<html:p>If a surplus residential property purchased by a housing-related public entity pursuant to Section 54239.5 or 54239.6 is not resold as provided for in paragraph (17) of subdivision (b) of Section 54239.5 or paragraph (17) of subdivision (b) of Section 54239.6, the property shall be used as affordable housing subject to all the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The surplus residential property shall be subject to a covenant recorded against the property to ensure the property’s use as affordable housing pursuant to this section.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
In the event that the surplus residential property is sold prior to the expiration of the covenant, the covenant shall remain in effect until the time at which it expires according to the provisions of this
subdivision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any housing-related entity purchaser shall comply with monitoring requirements, as determined by the Department of Transportation or the monitoring entity.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For each surplus residential property purchased under this section, the housing-related entity shall cause the property to be used for either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Low- or moderate-income rental housing for a term of at least 55 years. The purchase and operation of the property shall remain available and affordable for rental by lower income and moderate-income households, as defined by Sections 50052.5 and 50079.5 of the Health and Safety Code, respectively, for a term no shorter than 55 years.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
In the event the housing-related entity is no longer
able to provide affordable housing on the property, the housing-related entity shall either sell the property to a successor housing-related entity that will maintain the property and the operations in compliance with the covenant or transfer the title to the city in which the property is located, which shall subsequently transfer the title and operations to a successor housing-related entity that will maintain the property and the operations in compliance with the covenant. The housing-related entity shall provide first right of occupancy to the present tenants. The rental amount shall be in accordance with income certification if the current tenants qualify as low or moderate income. If the current tenant’s income exceeds the limits for that level, the rent for that tenant shall be no less than the current rent, or adjusted no higher than current market rates for the ZIP Code in which the surplus residential property is located. The housing-related entity shall cause any additional new units added to the
property to be used only for low- or moderate-income rental housing, and the new units shall remain available and affordable for rental by lower income and moderate-income households, as defined by Sections 50052.5 and 50079.5 of the Health and Safety Code, during the covenant period.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the surplus residential property is a single-family residence, it may be used for owner-occupied affordable housing for a term of at least 45 years. The housing-related entity shall sell the property to a person or family of low or moderate income for ownership and occupancy as affordable housing, as defined in Section 62250, and specifically as the primary residence of that buyer. The housing-related entity shall dedicate profits realized from the sale during the covenant period, as specified in subdivision (b) of Section 54237.7, to the construction of affordable housing within the city in which the surplus residential property is located. The
housing-related entity shall provide first right of refusal to present tenants if they are a person or family of low or moderate income. All subsequent sales of the property during the covenant period shall be to a person or family of low or moderate income for ownership and occupancy as affordable housing, as defined in Section 62250. The property owner shall cause any additional new units added to the property to be used only for low- or moderate-income rental housing, and the new units shall remain available and affordable for rental by lower income and moderate-income households, as defined by Sections 50052.5 and 50079.5 of the Health and Safety Code, during the covenant period. The monitoring entity shall ensure that subsequent sales are made in compliance with this subdivision by conducting and certifying the income qualifications of the buyer(s) prior to purchase and sales contracts being consummated and prior to the opening of escrow.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Department of Transportation may designate in regulations to, or delegate by agreement to, a public agency to monitor the purchasers’ compliance with the terms, conditions, and restrictions required by this section.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If the monitoring is not performed by a state agency, the monitoring entity shall prepare and submit to the Legislature reports that describe how the purchasers complied with this section and how they were monitored for compliance. The first report shall be submitted five years after the first property is sold pursuant to this section, and subsequent reports shall be submitted every five years thereafter until the last covenant expires. A report to be submitted pursuant to this paragraph shall be submitted in compliance with Section 9795.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The monitoring entity may charge the property owner a fee to recover the cost of this monitoring and
reporting.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_F962E297-C38F-404F-BF93-ABF6CC5542CD">
<ns0:Num>SEC. 96.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'6.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'62506.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 62506 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_6EC7C171-118E-46B6-8591-AE2942721E57">
<ns0:Num>62506.</ns0:Num>
<ns0:LawSectionVersion id="id_3B105504-4183-4924-874C-D9C799AAA80D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
An authority shall be governed by a board of directors consisting of a minimum of three directors. All directors shall be elected officials representing the cities, special districts, or counties that are members of the authority. The authority shall consist of members appointed by each of the cities, special districts, or counties that are a member of the authority in proportion to the population served by the member city, special district, or county.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The board shall elect a chairperson and a vice chairperson from among its members at the first meeting held in each calendar year.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A member of the authority board may receive a per diem for each board meeting that
the member attends. The authority board shall set the amount of that per diem for a member’s attendance, but that amount shall not exceed one hundred dollars ($100) per meeting. A member shall not receive a payment for more than two meetings in a calendar month.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A member may waive a payment of per diem authorized by this subdivision.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A member of the board shall serve a term of two years.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a vacancy occurs on the board of directors, an individual shall fill the vacancy as specified by the representative cities, special districts, or counties. An appointment to fill a vacancy pursuant to this subparagraph shall be effective only for the remainder of the term of the office that became vacated.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Members of the board are subject to Article 2.4 (commencing with Section 53234) of Chapter 2 of Part 1 of Division 2 of Title 5.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The authority shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
An authority shall engage in public participation processes, which shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Outreach efforts to encourage the active participation of a broad range of stakeholder groups in the planning process, including, but not limited to, affordable housing and homelessness advocates, any public housing authority created pursuant to Article 1
(commencing with Section 34200) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code in the housing finance agency’s jurisdiction, nonprofit developers, neighborhood and community groups, environmental advocates, equity organizations, home builder representatives, and business organizations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Holding at least one public meeting regarding any relevant plan or proposals being considered by the authority. The authority shall hold any such meeting at a time and a location convenient for members of the public. The authority shall place each plan or proposal under consideration on a meeting agenda of the authority board for discussion at least 30 days before the authority board takes action.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A process for enabling members of the public to provide a single request to receive authority notices, information, and updates.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_9F9FD018-F823-4112-8901-59D286E17CB4">
<ns0:Num>SEC. 97.</ns0:Num>
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Section 62509 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_A9452438-AAB1-4D3B-8A3E-D7BF5A4A8B64">
<ns0:Num>62509.</ns0:Num>
<ns0:LawSectionVersion id="id_D2372FD0-C531-4240-B152-5DAEE456A0C7">
<ns0:Content>
<html:p>Five years after the voters approve an initial ballot measure pursuant to Section 62521, the authority shall review the implementation of the measure. The review shall include all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
An analysis of the expenditures to date.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The number of affordable housing units produced and preserved at different household income levels.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An analysis of the tenant protection services provided.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_1F891ACA-1519-45ED-A836-C15E3AA9302F">
<ns0:Num>SEC. 98.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'6.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'62520.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 62520 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_52851F09-36F6-4DF3-B154-E5BE87790D14">
<ns0:Num>62520.</ns0:Num>
<ns0:LawSectionVersion id="id_471D55A0-ADCC-45AC-824A-697C8B061EE2">
<ns0:Content>
<html:p>In implementing this title, an authority may do all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Place one measure per election on the ballot to raise revenue and allocate funds throughout the jurisdiction of the authority, as provided in Part 2 (commencing with Section 62540).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Establish any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An infrastructure finance district pursuant to Chapter 2.8 (commencing with Section 53395) of Part 1 of Division 2 of Title 5.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An enhanced infrastructure financing district pursuant to Chapter 2.99 (commencing with Section 53398.50) of Part 1 of Division 2 of Title 5.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An affordable housing authority pursuant to Division 5 (commencing with Section 62250) of Title 6.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A climate resilience district pursuant to Division 6 (commencing with Section 62300) of Title 6.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Apply for and receive grants or loans from public and private entities.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Solicit and accept gifts, fees, grants, loans, and other allocations from public and private entities.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Deposit or invest moneys of the authority in banks or financial institutions, as provided in Chapter 4 (commencing with Section 53600) of Part 1 of Division 2 of Title 5, including the investment of any money that is not required for the immediate necessities of the authority, as determined by the
authority.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Engage counsel and other professional services.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Enter into and perform all necessary contracts.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Enter into joint powers agreements pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1).
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Hire staff, define their qualifications and duties, and provide a schedule of compensation for the performance of their duties.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Utilize staff employed by the cities, special districts, and counties that
established the authority, as authorized by the representative cities, counties, or special districts.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Allocate and deploy capital and generated fees or income in the form of grants, loans, equity, interest rate subsidies, and other financing tools to the cities, counties, other public agencies within the jurisdiction of the authority, private affordable housing developers, and nonprofit corporations organized pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) to finance affordable home ownership and rental housing development, and preserve and enhance existing affordable housing pursuant to this title, in accordance with applicable constitutional requirements.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Acquire, hold, and manage or cause to be managed existing buildings of five units or more that are not currently subject to a recorded deed restriction for the purpose of attaching
long-term affordability restrictions on the housing units to protect against displacement.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
Land bank, assemble parcels, and lease, purchase, or otherwise acquire land for purpose of housing development or redevelopment and associated infrastructure. For any property acquired, the authority shall have the power to set the land use and development parameters for such property, including setting the request for proposal criteria and selection process for a development partner.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
Accept excess or surplus property from the state, for which the state shall convey its land use authority over such property.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
Accept public land and buildings from any governmental entity within its jurisdiction and accept responsibility for the land use authority and development of such property, including entering a joint development
or participation agreement.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
Establish and modify the terms of potential capital investments deployed by the authority, including waiving or forgiving interest or principal payments.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
Collect data on housing production and monitor progress on meeting regional and state housing goals.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
Provide support and technical assistance to local governments in relation to producing and preserving affordable housing.
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
Provide public information about the authority’s housing programs and policies.
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
Incur and issue bonds and other indebtedness, and otherwise incur liabilities or obligations in accordance with Article 3 (commencing with Section 62580) of Chapter 2 of Part 2, and issue
mortgage revenue bonds pursuant to Part 5 (commencing with Section 52000) of Division 31 of the Health and Safety Code.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Create one or more California limited liability companies of which authority is the sole member and exercise any of the powers granted to the authority by this title through those limited liability companies.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any limited liability company created pursuant to paragraph (1) shall be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)).
</html:p>
<html:p>
(w)
<html:span class="EnSpace"/>
Any other implied powers necessary to carry out the intent and purposes of this
title.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_117192F4-928B-4A92-B432-89A5B9C65A22">
<ns0:Num>SEC. 99.</ns0:Num>
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Section 62551 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_4EC37E0D-7C8A-4F81-837A-30DADA44B219">
<ns0:Num>62551.</ns0:Num>
<ns0:LawSectionVersion id="id_D11F395F-28E9-4CBC-AEE8-A2DA92D57C03">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Subject to Section 4 of Article XIII
<html:span class="ThinSpace"/>
A of the California Constitution, an authority may impose, by resolution, a special tax, measured by gross receipts, for the privilege of engaging in any kind of lawful business transacted in the jurisdiction of the authority pursuant to the procedures established in Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, Section 62521, and any other applicable procedures provided by law.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The resolution imposing a special tax pursuant to this section may provide for any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Variable rates based on the business sector of each person subject to the tax.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Exemptions for small businesses.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Collection of the tax by suit or otherwise.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If an authority levies a special tax pursuant to subdivision (a) upon a business operating both within and outside the authority’s taxing jurisdiction, the authority shall levy the tax so that the measure of tax fairly reflects that proportion of the taxed activity actually carried on within the taxing jurisdiction.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A special tax levied pursuant to subdivision (a) shall not apply to any nonprofit organization that is exempted from taxes by Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code or Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, or the successor
of either, or to any minister, clergyperson, Christian Science practitioner, rabbi, or leader of any religious organization that has been granted an exemption from federal income tax by the United States Commissioner of Internal Revenue as an organization described in Section 501(c)(3) of the Internal Revenue Code or a successor to that section.
</html:p>
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</ns0:LawSectionVersion>
</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_A540187D-587D-4F09-B4F0-BC1D27E45D0C">
<ns0:Num>SEC. 100.</ns0:Num>
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Section 62551.1 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_E02E1B8D-7BFD-4D46-B2FA-175F529618B0">
<ns0:Num>62551.1.</ns0:Num>
<ns0:LawSectionVersion id="id_B0356C68-0B9D-48BB-8554-64944D9AF553">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Subject to Section 4 of Article XIII
<html:span class="ThinSpace"/>
A of the California Constitution, an authority may impose, by resolution, a special tax measured by the number of employees employed by the taxpayer for the privilege of engaging in any kind of lawful business activity transacted in the jurisdiction of the authority pursuant to the procedures established in Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, Section 62521, and any other applicable procedures provided by law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The resolution imposing a special tax pursuant to this subdivision may provide for collection of the tax by suit or otherwise.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If an
authority levies a special tax pursuant to subdivision (a) upon a business operating both within and outside the authority’s taxing jurisdiction, the authority shall levy the tax so that the measure of tax fairly reflects that proportion of the taxed activity actually carried on within the taxing jurisdiction.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A special tax levied pursuant to subdivision (a) shall not apply to any nonprofit organization that is exempted from taxes by Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code or Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, or the successor of either, or to any minister, clergyperson, Christian Science practitioner, rabbi, or leader of any religious organization that has been granted an exemption from federal income tax by the United States Commissioner of Internal Revenue as an organization described in Section 501(c)(3)
of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) or a successor to that section.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_54E87A08-9FB9-417D-B5F2-6C64EC5A971F">
<ns0:Num>SEC. 101.</ns0:Num>
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Section 62582 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_A95996EB-CB8E-48D6-A01F-31A50DCF2C7D">
<ns0:Num>62582.</ns0:Num>
<ns0:LawSectionVersion id="id_DB9F8388-C001-49DA-99E7-B9A626115547">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this section, “authority revenues” includes, without limitation, revenues generated by any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Any special tax, fee, or charge imposed by the authority, other than ad valorem property taxes.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Any loan repayments, investment income, or income derived from the ownership or operation of real property.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The authority may issue revenue bonds, payable from authority revenues, in accordance with the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5), for the purposes set forth in this title and in
any resolution adopted by the authority, or measure adopted by voters, in connection with the generation of authority revenues or imposition of those special taxes, fees, or other charges.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of issuing revenue bonds pursuant to this section, all or any portion of the authority revenues designated by the authority, the special taxes, fees, or other charges described in subparagraph (A) shall constitute an “enterprise” within the meaning of Section 54309.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any authority revenues designated pursuant to subparagraph (B) shall constitute “revenues” within the meaning of Section 54315.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
To exercise the powers described in this section, the authority shall ensure that any ballot measure summary prepared pursuant to subdivision (e) of Section 62521 related to voter approval of a special tax under this
title notifies the voters that proceeds from the special tax may be used as payment for revenue bonds.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this section, the authority shall be deemed to be a local agency within the meaning of Section 54307. Article 3 (commencing with Section 54380) of Chapter 6 of Part 1 of Division 2 of Title 5 and the limitations on the rate of interest set forth in subdivision (b) of Section 54402 do not apply to the issuance and sale of bonds pursuant to this section. Instead, the authority shall authorize the issuance of bonds by resolution at any time, and from time to time, which shall specify all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The purposes for which the bonds are to be issued.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The maximum principal amount of the bonds.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The maximum term for the
bonds.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The maximum rate of interest to be payable upon the bonds, which shall not exceed the maximum rate permitted for bonds of the authority by Section 53531 or any other applicable provisions of law.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
In the case of bonds bearing a variable interest rate, the variable rate shall not, on any day, exceed the maximum rate permitted for bonds of the authority by Section 53531 or any other applicable provisions of law. However, the variable interest rate may, on any day, exceed that maximum rate in clause (i), if the interest paid on the bonds from their date of original issuance to that day does not exceed the total interest that would have been permitted if the bonds had borne interest at all times from the date of issuance to that day at the maximum rate permitted from time to time by Section 53531 or any other applicable provisions of law.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The maximum original issue premium or discount on the sale of the bonds.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The denomination or denominations of the revenue bonds, which shall not be less than five thousand dollars ($5,000).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The resolution may also contain any other matters authorized by this chapter or any other law.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The revenue bonds may be sold at public or private sale or on a negotiated sale basis and at the prices, above or below par, as determined by the authority board.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The revenue bonds, or each series thereof, shall be dated and numbered consecutively and shall be signed by the executive director of the authority, whose signature may be printed, lithographed, or mechanically reproduced. If any
officer whose signature appears on the revenue bonds ceases to be that officer before the delivery of the bonds, the officer’s signature is as effective as if the officer had remained in office.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Any summary statement required to be published by the authority pursuant to Section 54522 shall be published annually, not more than nine months after the close of each fiscal year.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section provides a complete, additional, and alternative method for the issuance of revenue bonds by the authority. An issuance does not need to comply with the procedures specified elsewhere in this article or other laws, but shall instead be issued in accordance with the procedures specified in this article.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
To the extent permitted by law, authority revenues shall be applied according the following
priority:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
First, to operation and maintenance of any housing project, if so required by the relevant financing documents.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Second, to the payment of bonds with respect to which the revenues have been pledged.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Third, to the payment of obligations in connection with bonds.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Fourth, to the payment of administrative costs.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Fifth, to any other purpose permitted by law and authorized by this title.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
All moneys received by the authority shall be trust funds applied solely for purposes of this title.
</html:p>
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<ns0:Num>SEC. 102.</ns0:Num>
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Section 65302 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_7C48D058-2A87-412B-BB24-D43FC9539F04">
<ns0:Num>65302.</ns0:Num>
<ns0:LawSectionVersion id="id_D9B3B7DC-4298-457D-B79C-674211634203">
<ns0:Content>
<html:p>The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall
consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Consider
the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The following definitions govern this paragraph:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Military readiness activities” mean all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Training, support, and operations that
prepare the members of the military for combat.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Operation, maintenance, and security of any military installation.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (g) of Section 2687 of Title 10 of the United States Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local
public utilities and facilities, all correlated with the land use element of the plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body shall do all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Incorporate the principles of the Federal Highway Administration’s Safe System Approach, in the circulation element by including policies that aim to eliminate fatal and
serious injuries for all road users through a holistic view of the roadway system, including provisions that account for human error, recognize vulnerable road users, and promote redundant and proactive safety measures.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Develop bicycle plans, pedestrian plans, and traffic calming plans based on the policies and goals in the circulation element that shall address all of the following for any urbanized area within the scope of the general plan:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Identify safety corridors and any land or facility that generates high concentrations of bicyclists or pedestrians.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Use evidence-based strategies, including strategies identified in the United States Department of Transportation’s Strategic Highway Safety Plan to develop safety measures specific to those areas that are intended to eliminate traffic fatalities, with
an emphasis on fatalities of bicyclists, pedestrians, and users of any other form of micromobility device in the areas identified in subclause (I).
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Set goals for initiation and completion of all actions identified in the plans within 25 years of the date of adoption of the modified circulation element based upon projected development activities within urbanized areas within the scope of the general plan and projected availability of revenues.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A county or city shall begin implementation of the modified circulation element plan specified in subparagraph (B) within two years of the date of adoption of the plan.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A county or city shall regularly review the progress towards and identify impediments to completing implementation of the plan for a multimodal transportation network,
including all bicycle plans, pedestrian plans, and traffic calming plans iterated in the modified circulation element, and the construction of any related infrastructure.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A county or city shall consider revising the circulation element if, following the review under clause (ii), the county or city determines it will not reach the goals of the bicycle, pedestrian, or traffic calming plans within 25 years of the date of adoption of the modified circulation element.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For the purposes of this paragraph, the following definitions shall apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Business activity district” has the same meaning as defined in Section 22358.9 of the Vehicle Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“Land facilities that generate high concentrations of bicyclists or pedestrians” has the same
meaning as described in Section 22358.7 of the Vehicle Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
“Micromobility device” means a bicycle, electric bicycle, or motorized scooter as those terms are defined and described in Division 1 (commencing with Section 100) of the Vehicle Code.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
“Safety corridor” has the same meaning as defined in Section 22358.7 of the Vehicle Code.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
“Urbanized area” has the same meaning as defined in Section 21071 of the Public Resources Code.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
For purposes of this paragraph, “users of streets, roads, and highways” mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A housing element as
provided in Article 10.6 (commencing with Section 65580).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A conservation element for the conservation, development, and utilization of natural resources, including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on the movement of wildlife and habitat connectivity. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater
agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The conservation element may also cover all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The reclamation of land and waters.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Prevention and control of the pollution of streams and other waters.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Prevention,
control, and correction of the erosion of soils, beaches, and shores.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Protection of watersheds.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The location, quantity, and quality of the rock, sand, and gravel resources.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Upon the adoption or next revision of one or more elements on or after January 1, 2028, the conservation element shall be updated to:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Identify and analyze connectivity areas, permeability, and natural landscape areas within
the jurisdiction, as those terms are defined in Section 158 of the Streets and Highways Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Identify and analyze existing or planned wildlife passage features, as defined in Section 158 of the Streets and Highways Code, including, but not limited to, wildlife passage features included in the inventory of connectivity needs on the state highway system, as described in Section 158.1 of the Streets and Highways Code, to ensure that planned development does not undermine the effectiveness of existing and potential wildlife passage features, as defined in Section 158 of the Streets and Highways Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Consider the impacts of development and the barriers caused by development to wildlife and habitat connectivity.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For the purposes of this subparagraph, “wildlife” has the same meaning
as defined in Section 89.5 of the Fish and Game Code.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Avoid, minimize, or mitigate impacts and barriers to wildlife movement to the extent feasible.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Analyze and consider opportunities to remediate existing barriers to wildlife connectivity and restore degraded habitat and open space.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If a city, county, or city and county has already included policies in existing plans, including its certified local coastal plan, that meet the requirements of paragraph (4), the city, county, or city and county may incorporate the plan by reference into the general plan to comply with this section.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
In preparing to update the conservation element, the city, county, or city and county may do any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Consider incorporating appropriate standards, policies, and feasible implementation programs such as wildlife-friendly fencing and lighting, buffers from sensitive resources, prohibitions on invasive plants, habitat connectivity overlay zones, and compact development standards, or consider whether adoption of ordinances is necessary to feasibly implement these standards, policies, and implementation programs, and include goals to adopt any necessary ordinances.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Consult with the Department of Fish and Wildlife, any California Native American tribe that is on the contact list maintained by the Native American Heritage Commission and that has traditional lands located within the city, county, or city and county’s jurisdiction, and any open-space district that owns lands designated for conservation within the city, county, or city and county’s jurisdiction. Upon receiving a request
for consultation, the department, tribe, or district may, in its sole discretion, accept or refuse to consult, based on the priority of natural resources impacted or other factors.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Consider relevant best available science as appropriate, including, but not limited to, peer-reviewed literature, citable publicly available datasets, publicly sourced online datasets, and information and reports from government agencies, California Native American tribes, and academic institutions.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Consider the most appropriately scaled scientific information on linkages, corridors, and other locations that are essential to maintain landscape connectivity, including, but not limited to, any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Habitat linkages and wildlife corridors, such as those identified and summarized in the Areas of Conservation Emphasis,
as defined by subdivision (a) of Section 1851 of the Fish and Game Code, and in regional habitat connectivity assessments.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Wildlife corridors, such as migration corridors identified by global positioning system collar studies.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Wildlife movement barriers, such as connectivity areas, as defined by subdivision (a) of Section 158 of the Street and Highways Code, and barriers identified by the Department of Fish and Wildlife’s Restoring California’s Wildlife Connectivity report.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Other connectivity considerations, such as those outlined in the State Wildlife Action Plan, habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code, natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code,
regional conservation investment strategies approved pursuant to Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code, and other relevant plans, policies, and ordinances adopted by neighboring jurisdictions.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
In preparing to update the conservation element, the city, county, or city and county may consult with other appropriate local, state, or federal agencies, or academic institutions, as deemed appropriate by the city or county.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The city, county, or city and county may meet the requirements in paragraphs (4) through (6), inclusive, in a separate component or section of the general plan entitled a wildlife connectivity element.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
An open-space element as provided in Article 10.5 (commencing with Section 65560).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Highways and freeways.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Primary arterials and major local streets.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Passenger and freight online railroad operations and ground rapid transit systems.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Local
industrial plants, including, but not limited to, railroad classification yards.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (L
<html:sub>dn</html:sub>
). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in subparagraphs (A) to (F) of paragraph (1), inclusive.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive
noise.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the state’s noise insulation standards.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other
geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Identify information regarding flood hazards, including, but not limited to, the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Flood hazard zones. As used in this subdivision, “flood hazard zone” means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by FEMA. The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses
permitted within flood hazard zones will be free from flooding or flood damage.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
National Flood Insurance Program maps published by FEMA.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Information about flood hazards that is available from the United States Army Corps of Engineers.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Designated floodway maps that are available from the Central Valley Flood Protection Board.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Dam failure inundation maps prepared pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
Maps of levee protection zones.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.
</html:p>
<html:p>
(xi)
<html:span class="EnSpace"/>
Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Avoiding or minimizing the risks of flooding to new development.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Maintaining the structural and operational integrity of essential public facilities during flooding.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health
care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Establishing cooperative working relationships among public agencies with responsibility for flood protection.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high
fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Research’s most recent publication of “Fire Hazard Planning, General Plan Technical Advice Series” and shall also include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Information regarding fire hazards, including, but not limited to, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Fire hazard severity zone maps available from the Office of the State Fire Marshal.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Any historical data on wildfires available from local agencies or a reference to where the data can be found.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Information about wildfire hazard areas that may be available from the United States Geological Survey.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
General
location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open-space designations of homeowner associations.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A set of feasible implementation measures
designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B), including, but not limited to, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Avoiding or minimizing the wildfire hazards associated with new uses of land.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity
zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Working cooperatively with public agencies with responsibility for fire protection.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or county’s adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the
safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Research’s General Plan Guidelines and shall include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all
of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Information from the internet-based Cal-Adapt tool.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Information from the most recent version of the California Adaptation Planning Guide.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
Information from local agencies on their current ability to deal with the impacts of climate change.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.
</html:p>
<html:p>
(VI)
<html:span class="EnSpace"/>
Existing and
planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.
</html:p>
<html:p>
(VII)
<html:span class="EnSpace"/>
Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B), including, but not limited to, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Feasible methods to avoid or minimize climate change impacts
associated with new uses of land.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The designation of adequate and feasible infrastructure located in an at-risk area.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural
features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For purposes of this clause, “natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide
a wide array of benefits to people and wildlife.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions,
climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Upon the next revision of the housing element on or after January 1, 2020, the safety element shall be reviewed and updated as necessary to identify residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
After the initial revision of the safety element pursuant to paragraphs (2), (3), (4), and (5), the planning agency shall review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every eight years, to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision
of the safety element.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Before the periodic review of its general plan and before preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin
Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
To the extent that a county’s safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the county’s safety element that pertains to the city’s planning area in satisfaction of the requirement imposed by this subdivision.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An environmental justice element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan of the city, county, or city and county, if the city, county, or city and county has a disadvantaged community. The
environmental justice element, or related environmental justice goals, policies, and objectives integrated in other elements, shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities by means that include, but are not limited to, the reduction of pollution exposure, including the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Identify objectives and policies to promote civic engagement in the public decisionmaking process.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A city, county, or city
and county subject to this subdivision shall adopt or review the environmental justice element, or the environmental justice goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
By adding this subdivision, the Legislature does not intend to require a city, county, or city and county to take any action prohibited by the United States Constitution or the California Constitution.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this subdivision, the following terms shall apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
“Disadvantaged communities” means an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionately affected by environmental pollution and other
hazards that can lead to negative health effects, exposure, or environmental degradation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Public facilities” includes public improvements, public services, and community amenities, as defined in subdivision (d) of Section 66000.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
“Low-income area” means an area with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_04265049-52F1-4BCB-98B0-9A5C92D9C374">
<ns0:Num>SEC. 103.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65585.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 65585 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_8F0EFADB-6662-4E46-A885-CDE5D6566E06">
<ns0:Num>65585.</ns0:Num>
<ns0:LawSectionVersion id="id_349EDA00-19EF-42E9-B7D7-D3ECF2340669">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
At least 90 days prior to adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, or at least 60 days prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at
least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county and provide these comments to each member of the legislative body before it adopts the housing element.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The department
shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
At least 90 days prior to the initial adoption of a revision of its housing element pursuant to subdivision (e) of Section 65588, and at least 7 days prior to any subsequent adoption submittal if changes have
occurred to the inventory of sites, a local government shall do both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Make a draft of its inventory of sites required pursuant to paragraph (3) of subdivision (a) of Section 65583 available to the department and the public and post the draft inventory on its internet website.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Send an email to all individuals and organizations that have previously requested notices notifying them that the inventory has been updated that includes a link to the draft inventory on its website.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The requirements of this paragraph shall apply to the seventh and each subsequent revision of the housing element.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive
and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Change the draft element or draft amendment to substantially comply with this article.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Any change to a draft element or draft amendment pursuant to subparagraph (A) shall be completed in accordance with subdivision (b). This subparagraph does not constitute a change in, but is declaratory of, existing law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings that explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Promptly following the adoption of its element or amendment, the planning agency shall submit a copy of the adopted element or amendment and any
findings made pursuant to paragraph (2) of subdivision (f) to the department.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision shall not be construed to excuse a legislative body from complying with subdivision (f). This paragraph does not constitute a change in, but is declaratory of, existing law.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The department shall, within 60 days, review adopted housing elements or amendments and any findings pursuant to paragraph (2) of subdivision (f), make a finding as to whether the adopted element or amendment is in substantial compliance with this article, and report its findings to the planning agency.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583,
including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (C).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the department finds that the city’s, county’s, or city and county’s action or failure to act does not substantially comply with its adopted housing element or its obligations pursuant to Section 65583, there shall be a rebuttable presumption of invalidity in any legal action challenging that action or failure to act.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the department finds that the action or
failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the
city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Housing Accountability Act (Section 65589.5).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Section 65863.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Chapter 4.3 (commencing with Section 65915).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Section 65008.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Section 8899.50.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Section 65913.4.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Article 11 (commencing with Section 65650).
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Article 12 (commencing with Section 65660).
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Section 65913.11.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Section 65400.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Section 65863.2.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Chapter 4.1 (commencing with Section 65912.100).
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Section 65905.5.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Chapter 13 (commencing with Section 66310).
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
Section 65852.21.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
Section 65852.24.
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
Section 66411.7.
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
Section 65913.16.
</html:p>
<html:p>
(20)
<html:span class="EnSpace"/>
Article 2 (commencing with Section 66300.5) of Chapter 12.
</html:p>
<html:p>
(21)
<html:span class="EnSpace"/>
Section 65852.28.
</html:p>
<html:p>
(22)
<html:span class="EnSpace"/>
Section 65913.4.5.
</html:p>
<html:p>
(23)
<html:span class="EnSpace"/>
Section 66499.41.
</html:p>
<html:p>
(24)
<html:span class="EnSpace"/>
Homeless Housing, Assistance, and Prevention program (Chapter 6 (commencing with Section 50216) and Chapter 6.5 (commencing with Section 50230) of Part 1 of Division 31 of the Health and Safety Code).
</html:p>
<html:p>
(25)
<html:span class="EnSpace"/>
Encampment Resolution Funding
program (Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code).
</html:p>
<html:p>
(26)
<html:span class="EnSpace"/>
Family Homelessness Challenge Grants and Technical Assistance Program (Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code).
</html:p>
<html:p>
(27)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Article 11.5 (commencing with Section 65658).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph shall become operative only if Assembly Bill 3068 of the 2023–24 Regular Session of the Legislature is enacted and takes effect on or before January 1, 2025.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this
subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial
compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which
shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court
finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the
following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s
housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j).
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction
from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j), the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
The amendments to this section made by the act adding this subdivision shall not be construed to limit the department’s ability to enforce programmatic requirements or remedies against cities, counties, and continuums of care pursuant to the Homeless Housing, Assistance, and Prevention program (Chapter 6 (commencing with Section 50216) and Chapter 6.5 (commencing with Section 50230) of Part 1 of Division 31 of the Health and Safety Code), the Encampment Resolution Funding program (Chapter 7 (commencing with Section 50250) of Part 1 of
Division 31 of the Health and Safety Code), and the Family Homelessness Challenge Grants and Technical Assistance Program (Chapter 8 (commencing with Section 50255) of Part 1 of Division 31 of the Health and Safety Code).
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_B23465EA-2666-4D04-9503-449EC0730008">
<ns0:Num>SEC. 104.</ns0:Num>
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Section 65588 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_64889C35-7437-4EE7-9502-27AAF5179CBB">
<ns0:Num>65588.</ns0:Num>
<ns0:LawSectionVersion id="id_0DFD6295-1DDE-4A63-B761-B4CBC586203C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Each local government shall review its housing element as frequently as appropriate to evaluate all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The appropriateness of the housing goals, objectives, and policies in contributing to the attainment of the state housing goal.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The effectiveness of the housing element in attainment of the community’s housing goals and objectives.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The progress of the city, county, or city and county in implementation of the housing element.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The effectiveness of the housing element goals, policies, and related actions to meet the community’s needs,
pursuant to paragraph (7) of subdivision (a) of Section 65583.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The housing element shall be revised as appropriate, but no less often than required by subdivision (e), to reflect the results of this periodic review. Nothing in this section shall be construed to excuse the obligations of the local government to adopt a revised housing element in accordance with the schedule specified in this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The review and revision of housing elements required by this section shall take into account any low- or moderate-income housing provided or required pursuant to Section 65590.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The review pursuant to subdivision (c) shall include, but need not be limited to, the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The number of new housing units approved for construction within the
coastal zone after January 1, 1982.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The number of housing units for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, required to be provided in new housing developments either within the coastal zone or within three miles of the coastal zone pursuant to Section 65590.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The number of existing residential dwelling units occupied by persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, that have been authorized to be demolished or converted since January 1, 1982, in the coastal zone.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The number of residential dwelling units for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, that have been required for replacement or authorized to be
converted or demolished as identified in paragraph (3). The location of the replacement units, either onsite, elsewhere within the locality’s jurisdiction within the coastal zone, or within three miles of the coastal zone within the locality’s jurisdiction, shall be designated in the review.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Each city, county, and city and county shall revise its housing element according to the following schedule:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Local governments within the regional jurisdiction of the Southern California Association of Governments: June 30, 2006, for the fourth revision.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Local governments within the regional jurisdiction of the Association of Bay Area Governments: June 30, 2007, for the fourth revision.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Local governments within the regional
jurisdiction of the Council of Fresno County Governments, the Kern County Council of Governments, and the Sacramento Area Council of Governments: June 30, 2002, for the third revision, and June 30, 2008, for the fourth revision.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Local governments within the regional jurisdiction of the Association of Monterey Bay Area Governments: December 31, 2002, for the third revision, and June 30, 2009, for the fourth revision.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Local governments within the regional jurisdiction of the San Diego Association of Governments: June 30, 2005, for the fourth revision.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
All other local governments: December 31, 2003, for the third revision, and June 30, 2009, for the fourth revision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
All local governments within a metropolitan
planning organization in a region classified as nonattainment for one or more pollutants regulated by the federal Clean Air Act (42 U.S.C. Sec. 7401), except those within the regional jurisdiction of the San Diego Association of Governments, shall adopt the fifth revision of the housing element no later than 18 months after adoption of the first regional transportation plan to be adopted after September 30, 2010.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
All local governments within the regional jurisdiction of the San Diego Association of Governments shall adopt the fifth revision of the housing element no later than 18 months after adoption of the first regional transportation plan update to be adopted after September 30, 2010.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Before or concurrent with the adoption of the fifth revision of the housing element, each local government within the regional jurisdiction of the San Diego
Association of Governments shall identify adequate sites in its inventory pursuant to Section 65583.2 or rezone adequate sites to accommodate a prorated portion of its share of the regional housing need for the projection period representing the period from July 1, 2010, to the deadline for housing element adoption described in clause (i).
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
For the fifth revision, a local government within the jurisdiction of the San Diego Association of Governments that has not adopted a housing element for the fourth revision by January 1, 2009, shall revise its housing element not less than every four years, beginning on the date described in clause (i), in accordance with paragraph (4), unless the local government does both of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
Adopts a housing element for the fourth revision no later than March 31, 2010, that is in substantial compliance with this article.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
Completes any rezoning contained in the housing element program for the fourth revision by June 30, 2010.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
A local government within the jurisdiction of the San Diego Association of Governments shall adopt the sixth revision of the housing element on or before April 30, 2021, using the final housing allocation adopted by the San Diego Association of Governments on or before November 1, 2019, although such action will not be carried out concurrently with adoption of an updated regional transportation plan and sustainable communities strategy.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
All local governments within the jurisdiction of the San Diego Association of Governments shall adopt the seventh revision of the housing element no later than 18 months after the San Diego Association of Governments adopts its first regional transportation plan
update in 2029.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
For the eighth and subsequent revisions, a local government within the jurisdiction of the San Diego Association of Governments shall be subject to the dates described in clause (i), in accordance with paragraph (4).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
All local governments within the regional jurisdiction of a metropolitan planning organization or a regional transportation planning agency that has made an election pursuant to subparagraph (M) of paragraph (2) of subdivision (b) of Section 65080 by June 1, 2009, shall adopt the fifth revision of the housing element no later than 18 months after adoption of the first regional transportation plan update following the election.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
All other local governments shall adopt the fifth revision of the housing element five years after the date specified in paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Subsequent revisions of the housing element shall be due as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Except as otherwise provided in clause (ii), for local governments described in subparagraphs (A), (B), and (C) of paragraph (2), 18 months after adoption of every second regional transportation plan update, provided that the deadline for adoption is no more than eight years later than the deadline for adoption of the previous eight-year housing element, or as otherwise provided in law.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding clause (i), for local governments described in subparagraphs (A) and (C) of paragraph (2) that are within the regional jurisdiction of the Southern California Association of Governments, except the County of Orange and all local governments within the County of Orange, the County of Riverside and all local
governments within the County of Riverside, the County of San Bernardino and all local governments within the County of San Bernardino, and the County of Ventura and all local governments within the County of Ventura, for the seventh revision and subsequent revisions of the housing element, 24 months after adoption of every second regional transportation plan update, or as otherwise provided in law.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For all other local governments, at five-year intervals after the date specified in subparagraph (D) of paragraph (2).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If a metropolitan planning organization or a regional transportation planning agency subject to the five-year revision interval in subparagraph (B) makes an election pursuant to subparagraph (M) of paragraph (2) of subdivision (b) of Section 65080 after June 1, 2009, all local governments within the regional jurisdiction of that entity shall adopt the next
housing element revision no later than 18 months after adoption of the first regional transportation plan update following the election. Subsequent revisions shall be due 18 months after adoption of every second regional transportation plan update, provided that the deadline for adoption is no more than eight years later than the deadline for adoption of the previous eight-year housing element.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A local government that does not adopt a housing element within 120 days of the applicable deadline described in subparagraph (A), (B), or (C) of paragraph (2) or subparagraph (A) or (C) of paragraph (3) shall revise its housing element not less than every four years until the due date for the sixth revision. The adoption of a sixth revision housing element that the department finds to be in substantial compliance with this article pursuant to Section 65585 shall be deemed to satisfy any obligation to adopt a four-year
housing element, and a four-year housing element revision shall not be subsequently required.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The deadline for adoption of every four-year revision shall be the same as the deadline for adoption for other local governments within the region.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For the adoption of the sixth revision, a local government that does not adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the applicable deadline described in subparagraph (A) or (C) of paragraph (3) shall comply with subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 and subdivision (c) of Section 65583.2 within one year of the statutory deadline to revise the housing element.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For the adoption of the seventh and each subsequent revision, a local
government shall comply with subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 and subdivision (c) of Section 65583.2 no later than one year from the statutory deadline in this section for adoption of the housing element unless the local government complies with all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The local government submits a draft element or draft amendment to the department for review pursuant to paragraph (1) of subdivision (b) of Section 65585 at least 90 days before the statutory deadline set forth in this section for adoption of the housing element.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The local government receives from the department findings that the draft element or draft amendment substantially complies with this article pursuant to paragraph (3) of subdivision (b) of Section 65585 on or before the statutory deadline set forth in Section 65588 for adoption of the housing element.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The local government adopts the draft element or draft amendment that the department found to substantially comply with this article no later than 120 days after the statutory deadline set forth in this section.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If a jurisdiction subject to this subparagraph fails to complete the required rezoning within the time period required, the jurisdiction’s adopted housing element shall be subject to subdivision (i) of Section 65585.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A jurisdiction that adopts a housing element more than one year after the statutory deadline described in subparagraph (A) or (C) of paragraph (3) shall not be found in substantial compliance with this article until it has completed the rezoning required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 and subdivision (c) of Section 65583.2.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The metropolitan planning organization or a regional transportation planning agency for a region that has an eight-year revision interval pursuant to paragraph (3) shall notify the department and the Department of Transportation in writing of the estimated adoption date for its next regional transportation plan update at least 12 months before the estimated adoption date. The Department of Transportation shall maintain and publish on its internet website a current schedule of the estimated regional transportation plan adoption dates. The department shall maintain and publish on its internet website a current schedule of the estimated and actual housing element due dates. Each council of governments shall publish on its internet website the estimated and actual housing element due dates, as published by the department, for the jurisdictions within its region and shall send notice of these dates to interested parties. For purposes of determining
the existing and projected need for housing within a region pursuant to Sections 65584 to 65584.07, inclusive, the date of the next scheduled revision of the housing element shall be deemed to be the estimated adoption date of the regional transportation plan update described in the notice provided to the Department of Transportation plus 18 months, provided that date is no more than eight years later than the deadline for adoption of the previous eight-year housing element.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The new projection period shall begin on the date of December 31 or June 30 that most closely precedes the end of the previous projection period.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For purposes of this article, the following terms have the following meanings:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Planning period” shall be 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).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Projection period” shall be the time period for which the regional housing need is calculated.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For purposes of this section, “regional transportation plan update” shall mean a regional transportation plan adopted to satisfy the requirements of subdivision (d) of Section 65080.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_F12C6850-476B-486D-87AB-B14B8328576A">
<ns0:Num>SEC. 105.</ns0:Num>
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Section 65852.8 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_81A838EF-E1A8-4347-A7A4-66E4DFF851D0">
<ns0:Num>65852.8.</ns0:Num>
<ns0:LawSectionVersion id="id_E2831C88-511E-4DC3-832C-728C49D945C5">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
An owner of an existing mobilehome park who is subject to, or intends to qualify for, a valid permit to operate issued pursuant to Section 18505 of the Health and Safety Code, whose permit to operate is not suspended pursuant to Section 18510 of the Health and Safety Code, may add either of the following types of lots to the mobilehome park, not to exceed 10 percent of the previously approved number of lots in the mobilehome park:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A lot for a single-family manufactured home.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A multifamily manufactured home, as defined in paragraph (1) of subdivision (a) of Section 18008.7 of the Health and Safety Code, on a lot previously occupied by a single-family mobilehome or manufactured home.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A lot occupied by a multifamily manufactured home under this paragraph shall not be considered new construction, as defined in Section 798.7 of the Civil Code, for purposes of Section 798.45 of the Civil Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The conversion of a portion of single-family manufactured home lots into multifamily manufactured home lots under this paragraph shall not be the basis for closing or converting that portion of the mobilehome park into another use under Sections 65863.7 or 66427.4, or for terminating the tenancy of a resident in a mobilehome park to facilitate the change of use of the mobilehome park, or any portion thereof, under subdivision (g) of Section 798.56 of the Civil Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any combination of lots authorized by paragraphs (1) and (2).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Before adding any lot pursuant to subdivision (a), the owner of the mobilehome park shall apply to the enforcement agency for, and obtain from the enforcement agency, all permits required by this part necessary to increase occupancy in the park.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Before issuing the permits, the enforcement agency shall require all reasonable information to ensure that the additional lots do not substantially impact the provision of services to the existing or new lots, including water, sewage, electrical, gas, and other utilities. The enforcement agency may require evidence of compliance with all local health, utility, and fire requirements, as it deems necessary.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Upon approval from the enforcement agency pursuant to this section, the mobilehome park owner shall complete all necessary processes with the enforcement agency to update their permit to
operate.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Lots added pursuant to this section shall not be subject to any business tax, local registration fee, use permit fee, or other fee, except those that are applicable to existing lots in the park.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Pursuant to paragraph (1), a local agency may impose local property taxes, fees for water and sewer services and garbage collection, fees for normal inspections, local bond assessments, and other fees, charges, and assessments that apply to the existing lots in the park.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding any law, the lots added pursuant to this section shall be deemed to comply with the zoning and land use approvals of the existing mobilehome park, including any special use permit.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For the purposes of local ordinances, lots added
pursuant to this section shall not be deemed a use that differs from the mobilehome park’s existing land use approvals.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The enforcement agency, city, or county shall not require a conditional use permit, zoning variance, or other zoning approval for any lots added pursuant to this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
In adding lots pursuant to this section, the owner of a mobilehome park shall not reduce the size of, or otherwise interfere with, any in-use pools, dog parks, clubhouses, playgrounds, sports facilities, exercise rooms, libraries, boat or recreational vehicle (RV) storage, laundry facilities, community meeting spaces, or any existing occupied mobilehome spaces without first complying with the requirements for creating, moving, shifting, or altering lot lines under Section 18610.5 of the Health and Safety Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A lot
added to a mobilehome park pursuant to this section shall be considered new construction, as defined in Section 798.7 of the Civil Code, and the exemption of the lot from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county that establishes a maximum amount that the owner of the mobilehome park may charge for rent shall be determined according to Section 798.45 of the Civil Code.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A lot added to a mobilehome park pursuant to this section shall not increase, revise, or change the number or percentage of lots within the park which are deemed to be, and shall not cause any existing lots within the park to become, exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county that establishes a maximum amount that the owner of the mobilehome park may charge a tenant for rent.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
This section shall not apply to a mobilehome park that is located in an area of the coastal zone subject to paragraph (1) or (2) of subdivision (a) of Section 30603 of the Public Resources Code.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The Legislature finds and declares that streamlining the addition of new mobilehome lots in existing parks is a matter of statewide concern and is not 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:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_439F0301-8AB6-4518-8880-25E10727322A">
<ns0:Num>SEC. 106.</ns0:Num>
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Section 65913.4 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_C4FFB388-9376-4792-853C-084356ED4088">
<ns0:Num>65913.4.</ns0:Num>
<ns0:LawSectionVersion id="id_AEE4F1B9-1B2F-45F2-8B32-4ABCC8270425">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as provided in subdivision (r), a development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (c) and is not subject to a conditional use permit or any other nonlegislative discretionary approval if the development complies with subdivision (b) and satisfies all of the following objective planning standards:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The development is a multifamily housing development that contains two or more residential units.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The development and the site on which it is located satisfy all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
It is a legal parcel or parcels
located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A site that meets the requirements of clause (ii) and satisfies any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The site is zoned for residential use or residential mixed-use development.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The site meets the requirements of Section 65852.24.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
At least two-thirds of the square footage of the development is designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that
any lower or moderate-income housing units required pursuant to subparagraph (B) of paragraph (4) shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for no less than the following periods of time:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Fifty-five years for units that are rented.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Forty-five years for units that are owned.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The city or county shall require the recording of covenants or restrictions implementing this paragraph for each parcel or unit of real property included in the development.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The development satisfies clause (i) or (ii) of subparagraph (A) and satisfies subparagraph (B) below:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For a development located in a
locality that is in its sixth or earlier housing element cycle, the development is located in either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
In a locality that the department has determined is subject to this clause on the basis that the number of units that have been issued building permits, as shown on the most recent production report received by the department, is less than the locality’s share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subclause until the department’s determination for the next reporting period.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
In a locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department. A locality shall
remain eligible under this subclause until such time as the locality adopts a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For a development located in a locality that is in its seventh or later housing element cycle, is located in a locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department by the statutory deadline, or that the number of units that have been issued building permits, as shown on the most recent production report received by the department, is less than the locality’s share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible
under this subparagraph until the department’s determination for the next reporting period.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The development is subject to a requirement mandating a minimum percentage of below market rate housing based on one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The locality did not adopt a housing element pursuant to Section 65588 that has been found in substantial compliance with the housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department, did not submit its latest production report to the department by the time period required by Section 65400, or that production report submitted to the department reflects that there were fewer units of above moderate-income housing issued building permits than were required for the regional housing needs assessment cycle for that reporting period. In addition, if the project contains more than 10 units of housing, the project
does one of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
For for-rent projects, the project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 50 percent of the area median income. However, if the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 50 percent of the area median income, that local ordinance applies.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
For for-sale projects, the project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. However, if the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to
households making below 80 percent of the area median income, that local ordinance applies.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
(ia)
<html:span class="EnSpace"/>
If the project is located within the San Francisco Bay area, the project, in lieu of complying with subclause (I) or (II), may opt to abide by this subclause. Projects utilizing this subclause shall dedicate 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making below 100 percent of the area median income with the average income of the units at or below 80 percent of the area median income. However, a local ordinance adopted by the locality applies if it requires greater than 20 percent of the units be dedicated to housing affordable to households making at or below 100 percent of the area median income, or requires that any of the units be dedicated at a level deeper than 100 percent. In order to comply with this subclause, the rent or sale price charged
for units that are dedicated to housing affordable to households between 80 percent and 100 percent of the area median income shall not exceed 30 percent of the gross income of the household.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
For purposes of this subclause, “San Francisco Bay area” means the entire area within the territorial boundaries of the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma, and the City and County of San Francisco.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
The locality’s latest production report reflects that there were fewer units of housing issued building permits affordable to either very low income or low-income households by income category than were required for the regional housing needs assessment cycle for that reporting period, and one of the following conditions exist:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
The project
seeking approval dedicates 50 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
The project application was submitted prior to January 1, 2019, and the project includes at least 500 units of housing, the project seeking approval or seeking a modification to a prior approval dedicates 20 percent of the total number of units, before calculating any density bonus, as affordable units, with at least 9 percent affordable to households making at or below 50 percent of the area median income and the remainder affordable to households making at or below 80 percent of the area median income.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Notwithstanding the conditions described in sub-subclauses (ia) and (ib) of subclause (I), if the locality has adopted a local ordinance that requires that greater than 50
percent, or greater than 20 percent as applicable, of the units be dedicated to housing affordable to households making at or below 80 percent of the area median income, that local ordinance applies.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
For purposes of this clause, the reference to units affordable to very low income households includes units affordable to acutely low income households, as defined in Section 50063.5 of the Health and Safety Code, and to extremely low income households, as defined in Section 50106 of the Health and Safety Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The locality did not submit its latest production report to the department by the time period required by Section 65400, or if the production report reflects that there were fewer units of housing affordable to both income levels described in clauses (i) and (ii) that were issued building permits than were required for the regional housing needs assessment cycle for
that reporting period, the project seeking approval may choose between utilizing clause (i) or (ii).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A development proponent that uses a unit of affordable housing to satisfy the requirements of subparagraph (B) may also satisfy any other local or state requirement for affordable housing, including local ordinances or the Density Bonus Law in Section 65915, provided that the development proponent complies with the applicable requirements in the state or local law. If a local requirement for affordable housing requires units that are restricted to households with incomes higher than the applicable income limits required in subparagraph (B), then units that meet the applicable income limits required in subparagraph (B) shall be deemed to satisfy those local requirements for higher income units.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A development proponent that uses a unit of affordable
housing to satisfy any other state or local affordability requirement may also satisfy the requirements of subparagraph (B), provided that the development proponent complies with applicable requirements of subparagraph (B).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A development proponent may satisfy the affordability requirements of subparagraph (B) with a unit that is restricted to households with incomes lower than the applicable income limits required in subparagraph (B).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The development, excluding any additional density or any other concessions, incentives, or waivers of development standards for which the development is eligible pursuant to the Density Bonus Law in Section 65915, is consistent
with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section, or at the time a notice of intent is submitted pursuant to subdivision (b), whichever occurs earlier. For purposes of this paragraph, “objective zoning standards,” “objective subdivision standards,” and “objective design review 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 before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the objective zoning standards, objective subdivision standards, and objective design review standards described in
this paragraph be adopted or amended in compliance with the requirements of Chapter 905 of the Statutes of 2004.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A project that satisfies the requirements of Section 65852.24 shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the provisions of subdivision (b) of Section 65852.24 and if none of the square footage in the project is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel. For purposes of this subdivision, “residential hotel” shall have the same meaning as defined in Section 50519 of the Health and Safety Code.
</html:p>
<html:p>
(6)
<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"/>
(i)
<html:span class="EnSpace"/>
An area of the coastal zone subject to paragraph (1) or (2) of subdivision (a) of Section 30603 of the Public Resources Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
An area of the coastal zone that is not subject to a certified local coastal program or a certified land use plan.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
An area of the coastal zone that is vulnerable to five feet of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local government’s coastal hazards vulnerability assessment.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
In a parcel within the
coastal zone that is not zoned for multifamily housing.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
In a parcel in the coastal zone and located on either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
On, or within a 100-foot radius of, a wetland, as defined in Section 30121 of the Public Resources Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
On prime agricultural land, as defined in Sections 30113 and 30241 of the Public Resources Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Either prime farmland or farmland of statewide importance, as defined pursuant to the United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that
was approved by the voters of that jurisdiction.
</html:p>
<html:p>
(C)
<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>
(D)
<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, or within the state responsibility area, as defined in Section 4102 of the Public Resources Code. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Section 4291 of the Public Resources Code or Section 51182, as applicable.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Section 4290 of the Public Resources Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site
from the list of hazardous waste sites listed pursuant to Section 65962.5.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
</html:p>
<html:p>
(F)
<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) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2
(commencing with Section 8875) of Division 1 of Title 2.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The site has been
subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program 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>
(H)
<html:span class="EnSpace"/>
Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the
site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
</html:p>
<html:p>
(I)
<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>
(J)
<html:span class="EnSpace"/>
Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or
species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Lands under conservation easement.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The development is not located on a site where any of the following apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The development would require the demolition of the following types of housing:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Housing that has been occupied by tenants within the past 10 years.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section.
</html:p>
<html:b/>
<html:p>
(C)
<html:span class="EnSpace"/>
The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for
sale to the general public by the subdivider or subsequent owner of the property.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Except as provided in paragraph (9), a proponent of a development project approved by a local government pursuant to this section shall require in contracts with construction contractors, and shall certify to the local government, that the following standards specified in this paragraph will be met in project construction, as applicable:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall be subject to all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
All construction workers employed in the execution of
the development shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work, and shall also provide notice of all contracts for the performance of the work to the Department of Industrial Relations, in accordance with Section 1773.35 of the Labor Code, for those portions of the development that are not a public work.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
All contractors and subcontractors for those portions of the development that are not a
public work shall comply with all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subclause does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of
this subclause, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Be registered in accordance with Section 1725.6 of the Labor Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this paragraph may be enforced by any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
An underpaid worker through an administrative complaint or civil action.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If a civil wage and penalty assessment is issued pursuant to this paragraph, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
This paragraph does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, “project labor agreement” has the same meaning as set
forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply to those portions of a development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The requirement of this paragraph to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A development of 50 or more housing units approved by a local government pursuant to this section shall meet all of the following labor
standards:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The development proponent shall require in contracts with construction contractors and shall certify to the local government that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours shall satisfy the requirements in clauses (ii) and (iii). A construction contractor is deemed in compliance with clauses (ii) and (iii) if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A contractor with construction craft employees shall either participate in an apprenticeship program approved by the California Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a state-approved apprenticeship program under the terms
and conditions set forth in Section 1777.5 of the Labor Code. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum level plan for two adults 40 years of age and two dependents 0 to 14 years of age for the Covered California rating area in which the development is located. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause. Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in this paragraph.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
The development proponent shall provide to the local government, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with clauses (ii) and (iii). The reports shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
A development proponent that fails to provide the monthly report shall be subject to a civil penalty for each month for which the report has not been provided, in the amount of 10 percent of the dollar value of construction work performed by that contractor on the development in the month in question, up to a maximum of ten thousand dollars ($10,000). Any contractor or subcontractor that fails to comply with clauses (ii) and (iii) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker
employed in contravention of clauses (ii) and (iii).
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be reviewed pursuant to Section 1742 of the Labor Code. Penalties shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 of the Labor Code.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a
statement of fringe benefits. Upon request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided pursuant to subdivision (e) of Section 1776 of the Labor Code.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
All construction contractors shall report any change in apprenticeship program participation or health care expenditures to the local government within 10 business days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
A joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a
construction contractor for failure to make health care expenditures pursuant to clause (iii) in accordance with Section 218.7 or 218.8 of the Labor Code.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
For any project over 85 feet in height above grade, the following skilled and trained workforce provisions apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Except as provided in clause (ii), the developer shall enter into construction contracts with prime contractors only if all of the following are satisfied:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The contract contains an enforceable commitment that the prime contractor and subcontractors at every tier will use a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, to perform work on the project that falls within an apprenticeable occupation in the building and construction trades. However, this enforceable commitment requirement shall not apply to
any scopes of work where new bids are accepted pursuant to subclause (I) of clause (ii).
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The developer or prime contractor shall establish minimum bidding requirements for subcontractors that are objective to the maximum extent possible. The developer or prime contractor shall not impose any obstacles in the bid process for subcontractors that go beyond what is reasonable and commercially customary. The developer or prime contractor must accept bids submitted by any bidder that meets the minimum criteria set forth in the bid solicitation.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The prime contractor has provided an affidavit under penalty of perjury that, in compliance with this subparagraph, it will use a skilled and trained workforce and will obtain from its subcontractors an enforceable commitment to use a skilled and trained workforce for each scope of work in which it receives at least three bids
attesting to satisfaction of the skilled and trained workforce requirements.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
When a prime contractor or subcontractor is required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the commitment shall be made in an enforceable agreement with the developer that provides the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
The prime contractor and subcontractors at every tier will comply with this chapter.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
The prime contractor will provide the developer, on a monthly basis while the project or contract is being performed, a report demonstrating compliance by the prime contractor.
</html:p>
<html:p>
(ic)
<html:span class="EnSpace"/>
The prime contractor shall provide the developer, on a monthly basis while the project or contract is being performed, the
monthly reports demonstrating compliance submitted to the prime contractor by the affected subcontractors.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
If a prime contractor fails to receive at least three bids in a scope of construction work from subcontractors that attest to satisfying the skilled and trained workforce requirements as described in this subparagraph, the prime contractor may accept new bids for that scope of work. The prime contractor need not require that a skilled and trained workforce be used by the subcontractors for that scope of work.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The requirements of this subparagraph shall not apply if all contractors, subcontractors, and craft unions performing work on the development are subject to a multicraft project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for
enforcement of that obligation through an arbitration procedure. The multicraft project labor agreement shall include all construction crafts with applicable coverage determinations for the specified scopes of work on the project pursuant to Section 1773 of the Labor Code and shall be executed by all applicable labor organizations regardless of affiliation. For purposes of this clause, “project labor agreement” means a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Requirements set forth in this subparagraph shall not apply to projects where 100 percent of the units, exclusive of a manager’s unit or units, are dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If the skilled and trained workforce requirements of this subparagraph apply, the prime contractor shall require subcontractors to provide, and subcontractors on the project shall provide, the following to the prime contractor:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
An affidavit signed under penalty of perjury that a skilled and trained workforce shall be employed on the project.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Reports on a monthly basis, while the project or contract is being performed, demonstrating compliance with this chapter.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Upon issuing any invitation or bid solicitation for the project, but no less than seven days before the bid is due, the developer shall send a notice of the invitation or solicitation that describes the project to the following entities within the jurisdiction of the proposed project site:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Any bona fide labor organization representing workers in the building and construction trades who may perform work necessary to complete the project and the local building and construction trades council.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Any organization representing contractors that may perform work necessary to complete the project, including any contractors’ association or regional builders’ exchange.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The developer or prime contractor shall, within three business days of a request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), provide all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The names and Contractors State License Board numbers of the prime contractor and any subcontractors that
submitted a proposal or bid for the development project.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The names and Contractors State License Board numbers of contractors and subcontractors that are under contract to perform construction work.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
For all projects subject to this subparagraph, the development proponent shall provide to the locality, on a monthly basis while the project or contract is being performed, a report demonstrating that the self-performing prime contractor and all subcontractors used a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, unless otherwise exempt under this subparagraph. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection. A developer that
fails to provide a complete monthly report shall be subject to a civil penalty of 10 percent of the dollar value of construction work performed by that contractor on the project in the month in question, up to a maximum of ten thousand dollars ($10,000) per month for each month for which the report has not been provided.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Any subcontractors or prime contractor self-performing work subject to the skilled and trained workforce requirements under this subparagraph that fail to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the project using the same issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code and may be reviewed pursuant to the same procedures in Section 1742 of
the Labor Code. Prime contractors shall not be jointly liable for violations of this subparagraph by subcontractors. Penalties shall be paid to the State Public Works Enforcement Fund or the locality or its labor standards enforcement agency, depending on the lead entity performing the enforcement work.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Any provision of a contract or agreement of any kind between a developer and a prime contractor that purports to delegate, transfer, or assign to a prime contractor any obligations of or penalties incurred by a developer shall be deemed contrary to public policy and shall be void and unenforceable.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
A locality, and any labor standards enforcement agency the locality lawfully maintains, shall have standing to take administrative action or sue a construction contractor for failure to comply with this paragraph. A prevailing locality or labor standards enforcement agency
shall distribute any wages and penalties to workers in accordance with law and retain any fees, additional penalties, or assessments.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Notwithstanding paragraph (8), a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures if it satisfies both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The project consists of 10 or fewer units.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The project is not a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with
Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 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"/>
(i)
<html:span class="EnSpace"/>
Before submitting an application for a development subject to the streamlined, ministerial approval process described in subdivision (c), the development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1, as that section read on January 1,
2020.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Upon receipt of a notice of intent to submit an application described in clause (i), the local government shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, of the proposed development. In order to expedite compliance with this subdivision, the local government shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The timeline for noticing and commencing a scoping consultation in accordance with this subdivision shall be as follows:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The local government shall provide a formal notice of a development proponent’s notice of intent to submit an application described in clause (i) to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of receiving that notice of intent. The formal notice provided pursuant to this subclause shall include all of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
A description of the proposed development.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
The location of the proposed development.
</html:p>
<html:p>
(ic)
<html:span class="EnSpace"/>
An invitation to engage in a scoping consultation in accordance with this subdivision.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Each California Native American tribe that receives a formal notice pursuant to this clause shall have 30 days from the
receipt of that notice to accept the invitation to engage in a scoping consultation.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
If the local government receives a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision, the local government shall commence the scoping consultation within 30 days of receiving that response.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resource to the culturally affiliated California Native American tribe.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The parties to a scoping consultation conducted pursuant to this subdivision shall be the local government and any California Native American tribe
traditionally and culturally affiliated with the geographic area of the proposed development. More than one California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development may participate in the scoping consultation. However, the local government, upon the request of any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development, shall engage in a separate scoping consultation with that California Native American tribe. The development proponent and its consultants may participate in a scoping consultation process conducted pursuant to this subdivision if all of the following conditions are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The development proponent and its consultants agree to respect the principles set forth in this subdivision.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The development proponent and its
consultants engage in the scoping consultation in good faith.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The California Native American tribe participating in the scoping consultation approves the participation of the development proponent and its consultants. The California Native American tribe may rescind its approval at any time during the scoping consultation, either for the duration of the scoping consultation or with respect to any particular meeting or discussion held as part of the scoping consultation.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The participants to a scoping consultation pursuant to this subdivision shall comply with all of the following confidentiality requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Section 7927.000.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Section 7927.005.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Subdivision (c) of
Section 21082.3 of the Public Resources Code.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Subdivision (d) of Section 15120 of Title 14 of the California Code of Regulations.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Any additional confidentiality standards adopted by the California Native American tribe participating in the scoping consultation.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to a scoping consultation conducted pursuant to this subdivision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If, after concluding the scoping consultation, the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development that is subject to the
streamlined, ministerial approval process described in subdivision (c).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is documented between the California Native American tribe and the local government on methods, measures, and conditions for tribal cultural resource treatment, the development proponent may submit the application for a development subject to the streamlined, ministerial approval process described in subdivision (c). The local government shall ensure that the enforceable agreement is included in the requirements and conditions for the proposed development.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable
agreement is not documented between the California Native American tribe and the local government regarding methods, measures, and conditions for tribal cultural resource treatment, the development shall not be eligible for the streamlined, ministerial approval process described in subdivision (c).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For purposes of this paragraph, a scoping consultation shall be deemed to be concluded if either of the following occur:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or
address impacts to tribal cultural resources that are or may be present cannot be reached.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
If the development or environmental setting substantially changes after the completion of the scoping consultation, the local government shall notify the California Native American tribe of the changes and engage in a subsequent scoping consultation if requested by the California Native American tribe.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A local government may only accept an application for streamlined, ministerial approval pursuant to this section if one of the following applies:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A California Native American tribe that received a formal notice of the development proponent’s notice of intent to submit an application pursuant to subclause (I) of clause (iii) of subparagraph (A) of paragraph (1) did not accept the invitation to engage in a scoping
consultation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The California Native American tribe accepted an invitation to engage in a scoping consultation pursuant to subclause (II) of clause (iii) of subparagraph (A) of paragraph (1) but substantially failed to engage in the scoping consultation after repeated documented attempts by the local government to engage the California Native American tribe.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The parties to a scoping consultation pursuant to this subdivision find that no potential tribal cultural resource will be affected by the proposed development pursuant to subparagraph (A) of paragraph (2).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A scoping consultation between a California Native American tribe and the local government has occurred in accordance with this subdivision and resulted in agreement pursuant to subparagraph (B) of paragraph (2).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A project shall not be eligible for the streamlined, ministerial approval process described in subdivision (c) if any of the following apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
There is a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation conducted pursuant to this subdivision do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subparagraph (C) of paragraph (2).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The parties to a scoping consultation conducted pursuant to this subdivision do not agree as to whether a potential
tribal cultural resource will be affected by the proposed development.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If, after a scoping consultation conducted pursuant to this subdivision, a project is not eligible for the streamlined, ministerial approval process described in subdivision (c) for any or all of the following reasons, the local government shall provide written documentation of that fact, and an explanation of the reason for which the project is not eligible, to the development proponent and to any California Native American tribe that is a party to that scoping consultation:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project, as described in subparagraph (A) of paragraph (4).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The parties to the scoping consultation have
not documented an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subparagraph (C) of paragraph (2) and subparagraph (B) of paragraph (4).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The parties to the scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development, as described in subparagraph (C) of paragraph (4).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The written documentation provided to a development proponent pursuant to this paragraph shall include information on how the development proponent may seek a conditional use permit or other discretionary approval of the development from the local government.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
This section is not intended, and shall not be construed, to limit consultation and discussion between a local government and a California Native
American tribe pursuant to other applicable law, confidentiality provisions under other applicable law, the protection of religious exercise to the fullest extent permitted under state and federal law, or the ability of a California Native American tribe to submit information to the local government or participate in any process of the local government.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
For purposes of this subdivision:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
“Consultation” means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties’ cultural values and, where feasible, seeking agreement. Consultation between local governments and Native American tribes shall be conducted in a way that is mutually respectful of each party’s sovereignty. Consultation shall also recognize the tribes’ potential needs for confidentiality with respect to places that have
traditional tribal cultural importance. A lead agency shall consult the tribal consultation best practices described in the “State of California Tribal Consultation Guidelines: Supplement to the General Plan Guidelines” prepared by the Office of Planning and Research.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Scoping” means the act of participating in early discussions or investigations between the local government and California Native American tribe, and the development proponent if authorized by the California Native American tribe, regarding the potential effects a proposed development could have on a potential tribal cultural resource, as defined in Section 21074 of the Public Resources Code, or California Native American tribe, as defined in Section 21073 of the Public Resources Code.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
This subdivision shall not apply to any project that has been approved under the streamlined, ministerial approval process
provided under this section before the effective date of the act adding this subdivision.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any local law, if a local government’s planning director or equivalent position determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in subdivision (a) and pursuant to paragraph (3) of this subdivision, the local government shall approve the development. Upon a determination that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), the local government staff or relevant local planning and permitting department that made the determination shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or
standards, as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Within 30 days of submittal of any development proposal that was resubmitted to address written feedback provided by the local government pursuant to this paragraph.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the local government’s planning director or equivalent position fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this section, a development is consistent with the objective planning standards specified in subdivision (a) if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. The local government shall not determine that a development, including an application for a modification under subdivision (h), is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Upon submittal of an application for streamlined, ministerial approval pursuant to this section to the local government, all departments of the local government that are required to issue an
approval of the development prior to the granting of an entitlement shall comply with the requirements of this section within the time periods specified in paragraph (1).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Any design review of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review shall be completed, and if the development is consistent with all objective standards, the local government shall approve the development 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>
(A)
<html:span class="EnSpace"/>
Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be subject to the public oversight timelines set forth in paragraph (1) if the development is consistent with the requirements of
this section, including, but not limited to, paragraph (8) of subdivision (a), and all objective subdivision standards in the local subdivision ordinance, and meets at least one of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The development has received or will receive financing or funding by means of a low-income housing tax credit.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The development is located on a legal parcel or parcels within either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
An incorporated city, the boundaries of which include some portion of an urbanized area.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
An urbanized area or urban cluster in a county with a population greater than 250,000 based on the most recent United States Census Bureau data.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For purposes of this
subparagraph, the following definitions apply:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
“Urbanized area” means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
“Urban cluster” means an urban cluster designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a local government determines that a development submitted pursuant to this section is in conflict with any of the standards imposed pursuant to paragraph (1), it shall provide the development proponent written documentation of which objective standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that objective standard or standards consistent with the
timelines described in paragraph (1) of subdivision (c).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing automobile parking requirements in multifamily developments, shall not impose automobile parking standards for a streamlined development that was approved pursuant to this section in any of the following instances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The development is located within one-half mile of public transit.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The development is located within an architecturally and historically significant historic district.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
When on-street parking permits are required but not offered to the occupants of the development.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
When there
is a car share vehicle located within one block of the development.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the development does not fall within any of the categories described in paragraph (1), the local government shall not impose automobile parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding any law, a local government shall not require any of the following prior to approving a development that meets the requirements of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Studies, information, or other materials that do not pertain directly to determining whether the development is consistent with the objective planning standards applicable to the development.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Compliance with any standards
necessary to receive a postentitlement permit.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph does not prohibit a local agency from requiring compliance with any standards necessary to receive a postentitlement permit after a permit has been issued pursuant to this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For purposes of this paragraph, “postentitlement permit” has the same meaning as provided in subparagraph (A) of paragraph (3) of subdivision (j) of Section 65913.3.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire if the project satisfies both of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The project includes public investment in housing affordability, beyond tax credits.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
At least 50 percent of the units are affordable to households making at or below 80 percent of the area median income.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If a local government approves a development pursuant to this section, and the project does not satisfy the requirements of subparagraphs (A) and (B) of paragraph (1), that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided construction activity, including demolition and grading activity, on the development site that has begun pursuant to a permit issued by the local jurisdiction and is in progress. For purposes of this subdivision, “in progress” means one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The construction has begun and has not ceased for more than 180 days.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), a local government may grant a project a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the development proponent requests a modification pursuant to subdivision (h), then
the time during which the approval shall remain valid shall be extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time shall be further extended during the pendency of the litigation. The extension required by this paragraph shall only apply to the first request for a modification submitted by the development proponent.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The amendments made to this subdivision by the act that added this paragraph shall also be retroactively applied to developments approved prior to January 1, 2022.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A development proponent may request a modification to a development that has been approved under the streamlined, ministerial approval process
provided in subdivision (c) if that request is submitted to the local government before the issuance of the final building permit required for construction of the development.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Except as provided in paragraph (3), the local government shall approve a modification if it determines that the modification is consistent with the objective planning standards specified in subdivision (a) that were in effect when the original development application was first submitted.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The local government shall evaluate any modifications requested pursuant to this subdivision for consistency with the objective planning standards using the same assumptions and analytical methodology that the local government originally used to assess consistency for the development that was approved for streamlined, ministerial approval pursuant to subdivision (c).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A guideline that was adopted or amended by the department pursuant to subdivision (n) after a development was approved through the streamlined, ministerial approval process described in subdivision (c) shall not be used as a basis to deny proposed modifications.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upon receipt of the development proponent’s application requesting a modification, the local government shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), the local government may apply objective planning standards adopted after the development application was first submitted to the requested modification in any of the
following instances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The development is revised such that the total square footage of construction increases by 15 percent or more or the total number of residential units decreases by 15 percent or more. The calculation of the square footage of construction increases shall not include underground space.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The development is revised such that the total square footage of construction increases by 5 percent or more or the total number of residential units decreases by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily
mitigate or avoid the adverse impact. The calculation of the square footage of construction increases shall not include underground space.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building plumbing, electrical, fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after the first building permit application if agreed to by the development proponent.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The amendments made to clause (i) by the act that added clause (i) shall also be retroactively applied to modification applications submitted prior to January 1, 2022.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The local government’s review of a modification request pursuant to this subdivision shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the development’s consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A local government shall not adopt or impose any requirement, 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 eligible to receive ministerial or streamlined approval pursuant to this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A local government shall issue a subsequent permit required for a development approved under this section
if the application substantially complies with the development as it was approved pursuant to subdivision (c). Upon receipt of an application for a subsequent permit, the local government shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved pursuant to this section. The local government shall consider the application for subsequent permits based upon the objective standards specified in any state or local laws that were in effect when the original development application was submitted, unless the development proponent agrees to a change in objective standards. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this paragraph, a “subsequent permit” means a permit required subsequent to receiving approval under subdivision (c), and includes, but is not limited to, demolition,
grading, encroachment, and building permits and final maps, if necessary.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The amendments made to subparagraph (A) by the act that added this subparagraph shall also be retroactively applied to subsequent permit applications submitted prior to January 1, 2022.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If a public improvement is necessary to implement a development that is subject to the streamlined, ministerial approval pursuant to this section, including, but not limited to, a bicycle lane, sidewalk or walkway, public transit stop, driveway, street paving or overlay, a curb or gutter, a modified intersection, a street sign or street light, landscape or hardscape, an above-ground or underground utility connection, a water line, fire hydrant, storm or sanitary sewer connection, retaining wall, and any related work, and that public improvement is located on land owned by the local
government, to the extent that the public improvement requires approval from the local government, the local government shall not exercise its discretion over any approval relating to the public improvement in a manner that would inhibit, chill, or preclude the development.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall do all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Consider the application based upon any objective standards specified in any state or local laws that were in effect when the original development application was submitted.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Conduct its review and approval in the same manner as it would evaluate the public improvement if required by a project that is not eligible to receive ministerial or streamlined approval pursuant to this
section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall not do either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Adopt or impose any requirement that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Unreasonably delay in its consideration, review, or approval of the application.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This section shall not affect a development proponent’s ability to use any alternative streamlined by right permit processing adopted by a local government, including the provisions of subdivision (i) of Section 65583.2.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This section shall not prevent a development from also qualifying as a housing development project entitled to the protections of Section 65589.5. This paragraph does not constitute a change in, but is declaratory of, existing law.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to actions taken by a state agency, local government, or the San Francisco Bay Area Rapid Transit District to:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Lease, convey, or encumber land owned by the local government or the San Francisco Bay Area Rapid Transit District or to facilitate the lease, conveyance, or encumbrance of land owned by the local government, or for the lease of land owned by the San Francisco Bay Area Rapid Transit District in association with an eligible TOD project, as defined
pursuant to Section 29010.1 of the Public Utilities Code, nor to any decisions associated with that lease, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Approve improvements located on land owned by the local government or the San Francisco Bay Area Rapid Transit District that are necessary to implement a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
For purposes of establishing the total number of units in a development under this chapter, a development or development project
includes both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
All projects developed on a site, regardless of when those developments occur.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
All projects developed on sites adjacent to a site developed pursuant to this chapter if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to this chapter.
</html:p>
<html:p>
(m)
<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"/>
“Affordable housing cost” has the same meaning as set forth in Section 50052.5 of the Health and Safety Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Subject to the qualification provided by subparagraphs (B) and (C), “affordable rent” has the same meaning as set forth in Section 50053 of the Health
and Safety Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a development for which an application pursuant to this section was submitted prior to January 1, 2019, that includes 500 units or more of housing, and that dedicates 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at, or below, 80 percent of the area median income, affordable rent for at least 30 percent of these units shall be set at an affordable rent as defined in subparagraph (A) and “affordable rent” for the remainder of these units shall mean a rent that is consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For a development that dedicates 100 percent of units, exclusive of a manager’s unit or units, to lower income households,
“affordable rent” shall mean a rent that is consistent with the maximum rent levels stipulated by the public program providing financing for the development.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Department” means the Department of Housing and Community Development.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Development proponent” means the developer who submits a housing development project application to a local government under the streamlined, ministerial review process pursuant to this section.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Completed entitlements” means a housing development that has received all the required land use approvals or entitlements necessary for the issuance of a building permit.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Health care expenditures” include contributions under Section 401(a), 501(c), or 501(d) of the Internal Revenue Code and payments toward “medical
care,” as defined in Section 213(d)(1) of the Internal Revenue Code.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Housing development project” has the same meaning as in Section 65589.5.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Locality” or “local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Moderate-income housing units” means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
“Production report” means the information reported pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
“State
agency” includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Reporting period” means either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The first half of the regional housing needs assessment cycle.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The last half of the regional housing needs assessment cycle.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), “reporting period” means annually for the City and County of San Francisco.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
“Urban uses” means any current or former residential, commercial, public institutional, public park that is surrounded by other urban uses, parking lot or structure, transit or
transportation passenger facility, or retail use, or any combination of those uses.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
The department may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
The determination of whether an application for a development is subject to the streamlined, ministerial approval process provided by subdivision (c) is not a “project” as defined in Section 21065 of the Public Resources Code.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
Notwithstanding any other law, for purposes of this section and for development in compliance with the requirements of
this section on property owned by or leased to the state, the Department of General Services may act in the place of a locality or local government, at the discretion of the department.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For developments proposed in a census tract that is designated either as a moderate resource area, low resource area, or an area of high segregation and poverty on the most recent “CTCAC/HCD Opportunity Map” published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development, within 45 days after receiving a notice of intent, as described in subdivision (b), and before the development proponent submits an application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c), the local government shall provide for a public meeting to be held by the city council or county board of supervisors to provide an opportunity for
the public and the local government to comment on the development.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The public meeting shall be held at a regular meeting and be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the development proposal is located within a city with a population of greater than 250,000 or the unincorporated area of a county with a population of greater than 250,000, the public meeting shall be held by the jurisdiction’s planning commission.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Comments may be provided by testimony during the meeting or in writing at any time before the meeting concludes.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The development proponent shall attest in writing that it attended the meeting described in paragraph (1) and reviewed the public testimony
and written comments from the meeting in its application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If the local government fails to hold the hearing described in paragraph (1) within 45 days after receiving the notice of intent, the development proponent shall hold a public meeting on the proposed development before submitting an application pursuant to this section.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This section shall not apply to applications for developments proposed on qualified sites that are submitted on or after January 1, 2024, but before July 1, 2025.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, “qualified site” means a site that meets the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The
site is located within an equine or equestrian district designated by a general plan or specific or master plan, which may include a specific narrative reference to a geographically determined area or map of the same. Parcels adjoined and only separated by a street or highway shall be considered to be within an equestrian district.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
As of January 1, 2024, the general plan applicable to the site contains, and has contained for five or more years, an equine or equestrian district designation where the site is located.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
As of January 1, 2024, the equine or equestrian district applicable to the site is not zoned to include residential uses, but authorizes residential uses with a conditional use permit.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The applicable local government has an adopted housing element that is compliant with applicable law.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Legislature finds and declares that the purpose of this subdivision is to allow local governments to conduct general plan updates to align their general plan with applicable zoning changes.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
The provisions of clause (iii) of subparagraph (E) of paragraph (8) of subdivision (a) relating to health care expenditures are distinct and severable from the remaining provisions of this section. However, the remaining portions of paragraph (8) of subdivision (a) are a material and integral part of this section and are not severable. If any provision or application of paragraph (8) of subdivision (a) is held invalid, this entire section shall be null and void.
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The changes made to this section by the act adding this subdivision shall apply in a coastal zone, as defined in Division 20
(commencing with Section 30000) of the Public Resources Code, on and after January 1, 2025.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In an area of the coastal zone not excluded under paragraph (6) of subdivision (a), a development that satisfies the requirements of subdivision (a) shall require a coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code. A public agency with coastal development permitting authority shall approve a coastal development permit if it determines that the development is consistent with all objective standards of the local government’s certified local coastal program or, for areas that are not subject to a fully certified local coastal program, the certified land use plan of that area.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this section, receipt of any density bonus, concessions, incentives, waivers or reductions of development standards, and
parking ratios to which the applicant is entitled under Section 65915 shall not constitute a basis to find the project inconsistent with the local coastal program.
</html:p>
<html:p>
(u)
<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, increased housing supply.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2036, and as of that date is repealed.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_131068EE-885E-4B0C-AE40-1B870ADC1C7A">
<ns0:Num>SEC. 107.</ns0:Num>
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Section 65915 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_7469E51A-C001-44B6-BB1E-AEA57FBC149B">
<ns0:Num>65915.</ns0:Num>
<ns0:LawSectionVersion id="id_EF612F40-01EB-4DA1-9C01-BBB8BD6140B9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the jurisdiction of a city, county, or city and county, that local government shall comply with this section. A city, county, or city and county shall adopt an ordinance that specifies how compliance with this section will be implemented. Except as otherwise provided in subdivision (s), failure to adopt an ordinance shall not relieve a city, county, or city and county from complying with this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A local government shall not condition the submission, review, or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law,
including this section. This subdivision does not prohibit a local government from requiring an applicant to provide reasonable documentation to establish eligibility for a requested density bonus, as described in subdivision (b), and parking ratios, as described in subdivision (p).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In order to provide for the expeditious processing of a density bonus application, the local government shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Adopt procedures and timelines for processing a density bonus application.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Provide a list of all documents and information required to be submitted with the density bonus application in order for the density bonus application to be deemed complete. This list shall be consistent with this chapter.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Notify the applicant for a
density bonus whether the application is complete in a manner consistent with the timelines specified in Section 65943.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
If the local government notifies the applicant that the application is deemed complete pursuant to subparagraph (C), provide the applicant with a determination as to the following matters:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The amount of density bonus, calculated pursuant to subdivision (f), for which the applicant is eligible.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
If the applicant requests a parking ratio pursuant to subdivision (p), the parking ratio for which the applicant is eligible.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
If the applicant requests incentives or concessions pursuant to subdivision (d) or waivers or reductions of development standards pursuant to subdivision (e), whether the
applicant has provided adequate information for the local government to make a determination as to those incentives, concessions, waivers, or reductions of development standards.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Any determination required by this subparagraph shall be based on the development project at the time the application is deemed complete. The local government shall adjust the amount of density bonus and parking ratios awarded pursuant to this section based on any changes to the project during the course of development.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A city, county, or city and county shall grant one density bonus, the amount of which shall be as specified in subdivision (f), and, if requested by the applicant and consistent with the applicable requirements of this section, incentives or concessions, as described in subdivision (d), waivers or reductions of development standards, as described in
subdivision (e), and parking ratios, as described in subdivision (p), if an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Ten percent of the total units of a housing development, including a shared housing building development, for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Five percent of the total units of a housing development, including a shared housing building development, for rental or sale to very low income households, as defined in Section 50105 of the Health and Safety Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the
Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. For purposes of this subparagraph, “development” includes a shared housing building development and a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Ten percent of the total dwelling units of a housing development are sold to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento
Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subparagraph are subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Twenty percent of the total units for lower income students in a student housing development that meets the following requirements:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
All units in the student housing development shall be used exclusively for undergraduate, graduate, or professional students enrolled currently or in the past six months in at least six units at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy,
provide evidence to the city, county, or city and county that the developer has done any one of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
Entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are insufficient students enrolled in an institution of higher education to fill all units in the student housing development.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
Established a system for confirming its renters’ status as students to ensure that all units of the student housing development are occupied with students from an institution of higher education.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The applicable units in the student housing development for lower income students shall be used for and occupied by lower income students.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The development shall provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this subclause.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
The student housing development is not located
on a site that pursuant to paragraph (3) of subdivision (c) would require replacement units for projects with greater than a 35 percent density bonus.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of calculating a density bonus granted pursuant to this subparagraph, the term “unit” as used in this section means one rental bed and its pro rata share of associated common area facilities. The units described in this subparagraph are subject to a recorded affordability restriction of 55 years, which shall not tie any rental bed reserved for lower income students to a specific bedroom. Notwithstanding any other law, an affordability restriction provision, state or county law or policy, or property management policy shall not prevent a lower income student from sharing a room or unit with a nonlower income student. Any attempted waiver of the requirements of this clause is void as against public policy.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
One
hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code. For purposes of this subparagraph, “development” includes a shared housing building development.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of calculating the amount of the density bonus pursuant to subdivision (f), an applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph (A), (B), (C), (D), (E), (F), or (G) of paragraph (1).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
An
applicant shall agree to, and the city, county, or city and county shall ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Except as otherwise provided in clause (ii), rents for the lower income density bonus units shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), rents for all units in the development, including both base density and density bonus units, shall be as follows:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The rent for at least 20 percent of the units in the development shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by the California Tax Credit Allocation Committee.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
An applicant shall agree to ensure, and the city, county, or city and county shall ensure, that a for-sale unit that qualified the applicant for the award of the density bonus meets one of the following conditions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The unit is initially sold to and occupied by a person or family of very low, low, or moderate income, as required, and it is offered at an affordable
housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code and is subject to an equity sharing agreement.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If the unit is not purchased by an income-qualified person or family within 180 days after the issuance of the certificate of occupancy, the unit is purchased by a qualified nonprofit housing corporation that meets all of the following requirements pursuant to a recorded contract that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The nonprofit corporation has a determination letter from the Internal Revenue Service affirming its tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code and is not a private foundation as that term is defined in Section 509 of the Internal Revenue Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The nonprofit corporation is based in California.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
All of the board members of the nonprofit corporation have their primary residence in California.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The primary activity of the nonprofit corporation is the development and preservation of affordable home ownership housing in California that incorporates within their contracts for initial purchase a repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser pursuant to an equity sharing agreement or affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least 45 years for owner-occupied housing units and will
be sold or resold only to persons or families of very low, low, or moderate income, as defined in Section 50052.5 of the Health and Safety Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this paragraph, a “qualified nonprofit housing corporation” is a nonprofit housing corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The local government shall enforce an equity sharing agreement required pursuant to clause (i) or (ii) of subparagraph (A), unless it is in conflict with the requirements of another public funding source or law or may defer to the recapture provisions of the public funding source. The following apply to the equity sharing agreement:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller’s proportionate share of appreciation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Except as provided in clause (v), the local government shall recapture any initial subsidy, as defined in clause (iii), and its proportionate share of appreciation, as defined in clause (iv), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote home ownership.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For purposes of this subdivision, the local government’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon
resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
For purposes of this subdivision, the local government’s proportionate share of appreciation shall be equal to the ratio of the local government’s initial subsidy to the fair market value of the home at the time of initial sale.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
If the unit is purchased or developed by a qualified nonprofit housing corporation pursuant to clause (ii) of subparagraph (A) the local government may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation if the qualified nonprofit housing corporation is required to use 100 percent of the proceeds to promote home ownership for lower income households
as defined by Section 50079.5 of the Health and Safety Code within the jurisdiction of the local government.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in subclause (V) of clause (i) of subparagraph (F) of paragraph (1) of subdivision (b), an applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are located or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development
replaces those units, and either of the following applies:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subdivision (b).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For the purposes of this paragraph, “replace” shall mean either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
If any dwelling units described in subparagraph (A) are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by,
persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. For unoccupied dwelling units described in subparagraph (A) in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households
occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If all dwelling units described in subparagraph (A) have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the
five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed
development is for-sale units, the units replaced shall be subject to paragraph (2).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (B), for any dwelling unit described in subparagraph (A) that is or was, within the five-year period preceding the application, subject to a form of rent or price control through a local government’s valid exercise of its police power and that is or was occupied by persons or families above lower income, the city, county, or city and county may do either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Require that the replacement units be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph
(2).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Require that the units be replaced in compliance with the jurisdiction’s rent or price control ordinance, provided that each unit described in subparagraph (A) is replaced. Unless otherwise required by the jurisdiction’s rent or price control ordinance, these units shall not be subject to a recorded affordability restriction.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For purposes of this paragraph, “equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Subparagraph (A) does not apply to an applicant seeking a density bonus for a proposed housing development if the applicant’s application was submitted to, or processed by, a city, county, or city and county before January 1, 2015.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An applicant for a density bonus pursuant to subdivision (b) may submit to a city, county, or city and county a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city, county, or city and county. The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based upon substantial evidence, of any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The concession or incentive would have a
specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The concession or incentive would be contrary to state or federal law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The applicant shall receive the following number of incentives or concessions:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a
development in which the units are for sale.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Two incentives or concessions for projects that include at least 17 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a development in which the units are for sale.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Three incentives or concessions for projects that include at least 24 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a development in which the units are for sale.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Five incentives or concessions for a project meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b). If the project is located within one-half mile of a major
transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development. If a project includes at least 23 percent of the total units for lower income students in a student housing project, the applicant shall instead receive two incentives or concessions.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Four incentives or concessions for projects that include at least 16 percent of the units for very low income households or at least 45 percent for persons and families of moderate income in a development in which the units are for sale.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The applicant may initiate judicial proceedings if the
city, county, or city and county refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. This subdivision shall not be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. This subdivision shall not be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The city, county, or city and county shall establish procedures for carrying out this section that shall include legislative body
approval of the means of compliance with this section.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The city, county, or city and county shall bear the burden of proof for the denial of a requested concession or incentive.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In no case may a city, county, or city and county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. Subject to paragraph (3), an applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this section, and may request a meeting with
the city, county, or city and county. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. This subdivision shall not be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. This subdivision shall not be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A proposal for
the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A housing development that receives a waiver from any maximum controls on density pursuant to clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f) shall only be eligible for a waiver or reduction of development standards as provided in subparagraph (D) of paragraph (2) of subdivision (d) and clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f), unless the city, county, or city and county agrees to additional waivers or reductions of development standards.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For the purposes of this chapter, “density bonus” means a density increase over the otherwise maximum allowable gross residential density, as of the date of application by the
applicant to the city, county, or city and county, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b).
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:
</html:p>
<html:table id="id_B9DCF15B-A10E-457E-BBA4-15E341940296">
<html:tbody>
<html:tr>
<html:td align="center" width="606">Percentage Low-Income Units</html:td>
<html:td align="center" width="176">Percentage Density Bonus</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="606">10</html:td>
<html:td align="center" width="176">
20
<html:span class="EnSpace"/>
</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="606">11</html:td>
<html:td align="center" width="176">21.5</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="606">12</html:td>
<html:td align="center" width="176">
23
<html:span class="EnSpace"/>
</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="606">13</html:td>
<html:td align="center" width="176">24.5</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="606">14</html:td>
<html:td align="center" width="176">
26
<html:span class="EnSpace"/>
</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="606">15</html:td>
<html:td align="center" width="176">27.5</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="606">16</html:td>
<html:td align="center" width="176">29</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="606">17</html:td>
<html:td align="center" width="176">30.5</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="606">18</html:td>
<html:td align="center" width="176">
32
<html:span class="EnSpace"/>
</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="606">19</html:td>
<html:td align="center" width="176">33.5</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="606">20</html:td>
<html:td align="center" width="176">
35
<html:span class="EnSpace"/>
</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="606">21</html:td>
<html:td align="center" width="176">38.75</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="606">22</html:td>
<html:td align="center" width="176">42.5</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="606">23</html:td>
<html:td align="center" width="176">46.25</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="606">24</html:td>
<html:td align="center" width="176">50</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(2)
<html:span class="EnSpace"/>
For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:
</html:p>
<html:table id="id_6403E79D-299C-44CF-B520-7E1EF7D34F7F">
<html:tbody>
<html:tr>
<html:td align="center" width="406">Percentage Very Low Income Units</html:td>
<html:td align="center" width="406">Percentage Density Bonus</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">5</html:td>
<html:td align="center" width="406">
20
<html:span class="EnSpace"/>
</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">6</html:td>
<html:td align="center" width="406">22.5</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">7</html:td>
<html:td align="center" width="406">
25
<html:span class="EnSpace"/>
</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">8</html:td>
<html:td align="center" width="406">27.5</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">9</html:td>
<html:td align="center" width="406">
30
<html:span class="EnSpace"/>
</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">10</html:td>
<html:td align="center" width="406">32.5</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">11</html:td>
<html:td align="center" width="406">
35
<html:span class="EnSpace"/>
</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">12</html:td>
<html:td align="center" width="406">38.75</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">13</html:td>
<html:td align="center" width="406">42.5</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">14</html:td>
<html:td align="center" width="406">46.25</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">15</html:td>
<html:td align="center" width="406">50</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For housing developments meeting the criteria of subparagraph (C) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of senior housing units.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For housing developments meeting the criteria of subparagraph (E) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of the type of units giving rise to a density bonus under that subparagraph.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For housing developments meeting the criteria of subparagraph (F) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:
</html:p>
<html:table border="0" frame="void" id="id_7B0C7798-EEEC-40C5-9CA4-E549C3E3399B" rules="none" width="416" align="left">
<html:tbody>
<html:tr>
<html:td width="208" align="center">Percentage Lower Income Units</html:td>
<html:td width="208">Percentage Density Bonus</html:td>
</html:tr>
<html:tr>
<html:td width="208" align="center">20</html:td>
<html:td width="208" align="center">35</html:td>
</html:tr>
<html:tr>
<html:td width="208" align="center">21</html:td>
<html:td width="208" align="center">38.75</html:td>
</html:tr>
<html:tr>
<html:td width="208" align="center">22</html:td>
<html:td width="208" align="center">42.5</html:td>
</html:tr>
<html:tr>
<html:td width="208" align="center">23</html:td>
<html:td width="208" align="center">46.25</html:td>
</html:tr>
<html:tr>
<html:td width="208" align="center">24</html:td>
<html:td width="208" align="center">50</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(D)
<html:span class="EnSpace"/>
For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), the following shall apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Except as otherwise provided in clauses (ii) and (iii), the density bonus shall be 80 percent of the number of units for lower income households.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If the housing development is located within one-half mile of a major transit stop, the city, county, or city and county shall not impose any maximum controls on density.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If the housing development is located in a very low vehicle travel
area within a designated county, the city, county, or city and county shall not impose any maximum controls on density.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:
</html:p>
<html:table id="id_76BBBBA9-5DF4-42B1-AB32-C1F9D67FCF63">
<html:tbody>
<html:tr>
<html:td align="center" width="406">Percentage Moderate-Income Units</html:td>
<html:td align="center" width="406">Percentage Density Bonus</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">10</html:td>
<html:td align="center" width="406">5</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">11</html:td>
<html:td align="center" width="406">6</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">12</html:td>
<html:td align="center" width="406">7</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">13</html:td>
<html:td align="center" width="406">8</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">14</html:td>
<html:td align="center" width="406">9</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">15</html:td>
<html:td align="center" width="406">10</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">16</html:td>
<html:td align="center" width="406">11</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">17</html:td>
<html:td align="center" width="406">12</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">18</html:td>
<html:td align="center" width="406">13</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">19</html:td>
<html:td align="center" width="406">14</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">20</html:td>
<html:td align="center" width="406">15</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">21</html:td>
<html:td align="center" width="406">16</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">22</html:td>
<html:td align="center" width="406">17</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">23</html:td>
<html:td align="center" width="406">18</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">24</html:td>
<html:td align="center" width="406">19</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">25</html:td>
<html:td align="center" width="406">20</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">26</html:td>
<html:td align="center" width="406">21</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">27</html:td>
<html:td align="center" width="406">22</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">28</html:td>
<html:td align="center" width="406">23</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">29</html:td>
<html:td align="center" width="406">24</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">30</html:td>
<html:td align="center" width="406">25</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">31</html:td>
<html:td align="center" width="406">26</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">32</html:td>
<html:td align="center" width="406">27</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">33</html:td>
<html:td align="center" width="406">28</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">34</html:td>
<html:td align="center" width="406">29</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">35</html:td>
<html:td align="center" width="406">30</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">36</html:td>
<html:td align="center" width="406">31</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">37</html:td>
<html:td align="center" width="406">32</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">38</html:td>
<html:td align="center" width="406">33</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">39</html:td>
<html:td align="center" width="406">34</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">40</html:td>
<html:td align="center" width="406">35</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">41</html:td>
<html:td align="center" width="406">38.75</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">42</html:td>
<html:td align="center" width="406">42.5</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">43</html:td>
<html:td align="center" width="406">46.25</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">44</html:td>
<html:td align="center" width="406">50</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(5)
<html:span class="EnSpace"/>
All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not require, or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
When an applicant for a tentative subdivision
map, parcel map, or other residential development approval donates land to a city, county, or city and county in accordance with this subdivision, the applicant shall be entitled to a 15-percent increase above the otherwise maximum allowable residential density for the entire development, as follows:
</html:p>
<html:table id="id_47EB06FE-5ED7-4F02-80D6-3DD8DA63E953">
<html:tbody>
<html:tr>
<html:td align="center" width="406">Percentage Very Low Income</html:td>
<html:td align="center" width="406">Percentage Density Bonus</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">10</html:td>
<html:td align="center" width="406">15</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">11</html:td>
<html:td align="center" width="406">16</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">12</html:td>
<html:td align="center" width="406">17</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">13</html:td>
<html:td align="center" width="406">18</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">14</html:td>
<html:td align="center" width="406">19</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">15</html:td>
<html:td align="center" width="406">20</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">16</html:td>
<html:td align="center" width="406">21</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">17</html:td>
<html:td align="center" width="406">22</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">18</html:td>
<html:td align="center" width="406">23</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">19</html:td>
<html:td align="center" width="406">24</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">20</html:td>
<html:td align="center" width="406">25</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">21</html:td>
<html:td align="center" width="406">26</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">22</html:td>
<html:td align="center" width="406">27</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">23</html:td>
<html:td align="center" width="406">28</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">24</html:td>
<html:td align="center" width="406">29</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">25</html:td>
<html:td align="center" width="406">30</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">26</html:td>
<html:td align="center" width="406">31</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">27</html:td>
<html:td align="center" width="406">32</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">28</html:td>
<html:td align="center" width="406">33</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">29</html:td>
<html:td align="center" width="406">34</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">30</html:td>
<html:td align="center" width="406">35</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(2)
<html:span class="EnSpace"/>
This increase shall be in addition to any increase in density mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this subdivision and subdivision (b). All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of a city, county, or city and county to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the
following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by
adequate public facilities and infrastructure.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government before the time of transfer.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be recorded on the property at the time of the transfer.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
When an applicant proposes to construct a housing development that conforms to the requirements of subdivision (b) and includes a childcare facility that
will be located on the premises of, as part of, or adjacent to, the project, the city, county, or city and county shall grant either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The city, county, or city and county shall require, as a condition of approving the housing development, that the following occur:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus
units are required to remain affordable pursuant to subdivision (c).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Of the children who attend the childcare facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subdivision (b).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding any requirement of this subdivision, a city, county, or city and county shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Childcare facility,” as used in this section, means a child daycare facility other than a
family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and schoolage childcare centers.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Housing development,” as used in this section, means a development project for five or more residential units, including mixed-use developments. For the purposes of this section, “housing development” also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by a city, county, or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the
residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The granting of a concession or incentive shall not require or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. For purposes of this subdivision, “study” does not include reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the incentive or concession meets the definition set forth in subdivision (k). This provision is declaratory of existing law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except as
provided in subdivisions (d) and (e), the granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
For the purposes of this chapter, concession or incentive means any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed 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, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable
housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Subdivision (k) does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under this section shall be permitted in a manner that is consistent with this section and Division 20 (commencing with Section 30000) of the Public Resources Code.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
If permitted by local ordinance, nothing in this
section shall be construed to prohibit a city, county, or city and county from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Designated county” includes the Counties of Alameda, Contra Costa, Los Angeles, Marin, Napa, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Mateo, Santa Barbara, Santa Clara, Solano, Sonoma, and Ventura, and the City and County of San Francisco.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Development standard” includes a site or construction condition, including, but not limited to, a height
limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation that is adopted by the local government or that is enacted by the local government’s electorate exercising its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the local government.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Located within one-half mile of a major transit stop” means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a
major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Lower income student” means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Major
transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Maximum allowable residential density” or “base density” means the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, means the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. Density shall be determined using dwelling units per acre. However, if the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide a dwelling-units-per-acre standard for density, then the local agency shall calculate the number of units by:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Estimating the realistic development capacity of the site based on the objective development standards
applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open-space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. A developer may provide a base density study and the local agency shall accept it, provided that it includes all applicable objective development standards.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Maintaining the same average unit size and other project details relevant to the base density study, excepting those that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
“Shared housing building” means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A “shared housing building” may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
“Shared housing unit” means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“Shared housing unit” for purposes of a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, includes a unit without an
individual kitchen where a unit may be shared by unrelated persons, and a unit where a room that may be shared by unrelated persons meets the “minimum room area” requirements of clause (i).
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Student housing development” means a development that contains bedrooms containing two or more bedspaces that have a shared or private bathroom, access to a shared or private living room and laundry facilities, and access to a shared or private kitchen.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Total units” or “total dwelling units” means a calculation of the number of units that:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Excludes a unit added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Includes a unit designated to satisfy an inclusionary zoning
requirement of a city, county, or city and county.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
“Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid. For the purposes of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county
metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraphs (2), (3), and (4), upon the request of the developer, a city, county, or city and county shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, of a development meeting the criteria of subdivisions (b) and (c), that exceeds the following ratios:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Zero to one bedroom: one onsite parking space.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Two to three bedrooms: one and one-half onsite parking spaces.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Four and more bedrooms: two and one-half parking spaces.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
One bedspace in a student housing development: zero parking spaces.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), if a development includes at least 20 percent low-income units for housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b) or at least 11 percent very low income units for housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, a city, county, or city and county shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit. Notwithstanding paragraph (1), if a development includes at least 40 percent moderate-income units
for housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and the residents of the development have unobstructed access to the major transit stop from the development then, upon the request of the developer, a city, county, or city and county shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per bedroom.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this subdivision, “unobstructed access to the major transit stop” means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph, “natural or constructed impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential
structures, shopping centers, parking lots, or rails used for transit.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), if a development meets the criteria of subparagraph (G) of paragraph (1) of subdivision (b), then, upon the request of the developer, a city, county, or city and county shall not impose vehicular parking standards if the development meets any of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The development is a for-rent housing development for individuals who are 55 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that
operates at least eight times per day.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide onsite parking through tandem parking or uncovered parking, but not through onstreet parking.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
This subdivision shall apply to a
development that meets the requirements of subdivisions (b) and (c), but only at the request of the applicant. An applicant may request parking incentives or concessions beyond those provided in this subdivision pursuant to subdivision (d).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
This subdivision does not preclude a city, county, or city and county from reducing or eliminating a parking requirement for development projects of any type in any location.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (2) and (3), if a city, county, city and county, or an independent consultant has conducted an areawide or jurisdictionwide parking study in the last seven years, then the city, county, or city and county may impose a higher vehicular parking ratio not to exceed the ratio described in paragraph (1), based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability,
differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low income individuals, including seniors and special needs individuals. The city, county, or city and county shall pay the costs of any new study. The city, county, or city and county shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A request pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d).
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
Each component of any density calculation, including base density and bonus density, resulting in fractional units shall
be separately rounded up to the next whole number. The Legislature finds and declares that this provision is declaratory of existing law.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
This chapter shall be interpreted liberally in favor of producing the maximum number of total housing units.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
Notwithstanding any other law, if a city, including a charter city, county, or city and county has adopted an ordinance or a housing program, or both an ordinance and a housing program, that incentivizes the development of affordable housing that allows for density bonuses that exceed the density bonuses required by the version of this section effective through December 31, 2020, that city, county, or city and county is not required to amend or otherwise update its ordinance or corresponding affordable housing incentive program to comply with the amendments made to this section by the act adding this subdivision, and is exempt
from complying with the incentive and concession calculation amendments made to this section by the act adding this subdivision as set forth in subdivision (d), particularly subparagraphs (B) and (C) of paragraph (2) of that subdivision, and the amendments made to the density tables under subdivision (f).
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
When an applicant proposes to construct a housing development that conforms to the requirements of subparagraph (A) or (B) of paragraph (1) of subdivision (b) that is a shared housing building, the city, county, or city and county shall not require any minimum unit size requirements or minimum bedroom requirements that are in conflict with paragraph (7) of subdivision (o).
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Legislature finds and declares that the intent behind the Density Bonus Law is to allow public entities to reduce or even eliminate subsidies for a particular project by
allowing a developer to include more total units in a project than would otherwise be allowed by the local zoning ordinance in exchange for affordable units. It further reaffirms that the intent is to cover at least some of the financing gap of affordable housing with regulatory incentives, rather than additional public subsidy.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
It is therefore the intent of the Legislature to make modifications to the Density Bonus Law by the act adding this subdivision to further incentivize the construction of very low, low-, and moderate-income housing units. It is further the intent of the Legislature in making these modifications to the Density Bonus Law to ensure that any additional benefits conferred upon a developer are balanced with the receipt of a public benefit in the form of adequate levels of affordable housing. The Legislature further intends that these modifications will ensure that the Density Bonus Law creates incentives for the
construction of more housing across all areas of the state.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Provided that the resulting housing development would not restrict more than 50 percent of the total units to moderate-income, lower income, or very low income households, a city, county, or city and county shall grant an additional density bonus calculated pursuant to paragraph (2) when an applicant proposes to construct a housing development that conforms to the requirements of paragraph (1) of subdivision (b), agrees to include additional rental or for-sale units affordable to very low income households or moderate-income households, and meets any of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The housing development conforms to the requirements of subparagraph (A) of paragraph (1) of subdivision (b) and provides 24 percent of the total units to lower income households.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The housing development conforms to the requirements of subparagraph (B) of paragraph (1) of subdivision (b) and provides 15 percent of the total units to very low income households.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The housing development conforms to the requirements of subparagraph (D) of paragraph (1) of subdivision (b) and provides 44 percent of the total units to moderate-income households.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A city, county, or city and county shall grant an additional density bonus for a housing development that meets the requirements of paragraph (1), calculated as follows:
</html:p>
<html:p>
<html:table id="id_1C0DC900-0995-4041-A01E-46C9F35FBEFE">
<html:tbody>
<html:tr>
<html:td align="center" width="406">Percentage Very Low Income Units</html:td>
<html:td align="center" width="406">Percentage Density Bonus</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">5</html:td>
<html:td align="center" width="406">20</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">6</html:td>
<html:td align="center" width="406">23.75</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">7</html:td>
<html:td align="center" width="406">27.5</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">8</html:td>
<html:td align="center" width="406">31.25</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">9</html:td>
<html:td align="center" width="406">35</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">10</html:td>
<html:td align="center" width="406">38.75</html:td>
</html:tr>
</html:tbody>
</html:table>
</html:p>
<html:p>
<html:table id="id_E49FDDF3-C63C-4B6F-8658-BBD0D717EC67">
<html:tbody>
<html:tr>
<html:td align="center" width="406">Percentage Moderate-Income Units</html:td>
<html:td align="center" width="406">Percentage Density Bonus</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">5</html:td>
<html:td align="center" width="406">20</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">6</html:td>
<html:td align="center" width="406">22.5</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">7</html:td>
<html:td align="center" width="406">25</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">8</html:td>
<html:td align="center" width="406">27.5</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">9</html:td>
<html:td align="center" width="406">30</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">10</html:td>
<html:td align="center" width="406">32.5</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">11</html:td>
<html:td align="center" width="406">35</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">12</html:td>
<html:td align="center" width="406">38.75</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">13</html:td>
<html:td align="center" width="406">42.5</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">14</html:td>
<html:td align="center" width="406">46.25</html:td>
</html:tr>
<html:tr>
<html:td align="center" width="406">15</html:td>
<html:td align="center" width="406">50</html:td>
</html:tr>
</html:tbody>
</html:table>
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The increase required by paragraphs (1) and (2) shall be in addition to any increase in density granted by subdivision (b).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The additional density bonus required under this subdivision shall be
calculated using the number of units excluding any density bonus awarded by this section.
</html:p>
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<ns0:BillSection id="id_FE29B837-6F18-40B3-B393-1D6D75F06D73">
<ns0:Num>SEC. 108.</ns0:Num>
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Section 65915.3 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_5166F036-029E-4EAA-9600-DF6A0FDD5F1F">
<ns0:Num>65915.3.</ns0:Num>
<ns0:LawSectionVersion id="id_F5B322EC-0320-4B78-847D-636A34E5AB07">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
As used in this section, the following terms have the following meanings:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Housing development” has the same meaning as defined in subdivision (i) of Section 65915.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Monitoring fee” means a fee charged by a city, county, or city and county on a recurring basis to oversee and ensure the continued affordability of a housing development pursuant to either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Section 65915.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Any applicable local inclusionary housing ordinance.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Except as provided in subdivision (d), a city,
county, or city and county shall not charge a monitoring fee on a housing development if all of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The housing development meets the criteria of subparagraph (G) of paragraph (1) of subdivision (b) of Section 65915.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The applicant received a density bonus pursuant to Section 65915 for the housing development.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The housing development is subject to a recorded regulatory agreement with the California Tax Credit Allocation Committee, the California Housing Finance Agency, or the Department of Housing and Community Development that requires compliance with subparagraph (G) of paragraph (1) of subdivision (b) of Section 65915.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Prior to receiving a building permit, the applicant provides to the local government a
fully executed Tax Credit Reservation Letter indicating that the applicant accepted the award.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The applicant provides to the local government a copy of a recorded regulatory agreement with the California Tax Credit Allocation Committee, the California Housing Finance Agency, or the Department of Housing and Community Development.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The applicant agreed to provide to the local government the compliance monitoring document required pursuant to the California Tax Credit Allocation Committee, the California Housing Finance Agency, or the Department of Housing and Community Development regulations.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Beginning on January 1, 2025, a housing development that is currently placed in service, is subject to a monitoring fee, and meets the requirements of subdivision (b) shall no longer be subject to that fee.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding subdivisions (b) and (c), a city, county, or city and county may charge a monitoring fee on a housing development that meets the criteria of subparagraph (G) of paragraph (1) of subdivision (b) of Section 65915 if any of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The applicant utilizes a local incentive program that results in the development of units with deeper affordability, including a higher number of affordable units than what is monitored for by the California Tax Credit Allocation Committee, the California Housing Finance Agency, or the Department of Housing and Community Development.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The applicant uses a local incentive program that results in the development of units that are affordable to and occupied by moderate income households.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The applicant accepts a local funding source that results in the development of units with different affordability, measured through higher or lower area median income or through higher or lower rents, than what is monitored for by the California Tax Credit Allocation Committee, the California Housing Finance Agency, or the Department of Housing and Community Development.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The applicant accepts funding from a regional, state, or federal agency other than the California Tax Credit Allocation Committee, the California Debt Limit Allocation Committee, the California Housing Finance Agency, or the Department of Housing and Community Development that requires local monitoring activities that would not otherwise be conducted by the California Tax Credit Allocation Committee, the Department of Housing and Community Development, or the public agency issuing the funding.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A city, county, or city and county that is not collecting a monitoring fee pursuant to this section shall not have any obligation to monitor a housing development for compliance with Section 65915.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_464399DE-40D0-4E2C-9DE9-A6887CE1DB83">
<ns0:Num>SEC. 109.</ns0:Num>
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Section 66314 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_D21617B4-27F0-4832-A0C4-6515BDDF46B1">
<ns0:Num>66314.</ns0:Num>
<ns0:LawSectionVersion id="id_F08BCD62-ABDB-4E21-BB90-4D87CE52FB07">
<ns0:Content>
<html:p>A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Require the accessory dwelling units to comply with all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Except as provided in Article 4 (commencing with Section 66340), the accessory dwelling unit may be rented separate from the primary residence, but shall not be sold or otherwise conveyed separate from the primary residence.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary
dwelling, including detached garages.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines
shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this paragraph shall be interpreted to prevent a local agency from changing the occupancy code of a space that was uninhabitable space or was only permitted for
nonresidential use and was subsequently converted for residential use pursuant to this article.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Approval by the local health officer where a private sewage disposal system is being used, if required.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
This subparagraph shall not apply to an accessory dwelling unit that is described in Section 66322.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the
application for the accessory dwelling unit and issued at the same time.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
An accessory dwelling unit ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_9FBFF38C-E6F6-4B05-968B-A796E2E94925">
<ns0:Num>SEC. 110.</ns0:Num>
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Section 66499.41 of the
<ns0:DocName>Government Code</ns0:DocName>
, as amended by Section 23 of Chapter 7 of the Statutes of 2024, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_1A17ED77-4760-4D76-8D0B-15D4B3BC0CC8">
<ns0:Num>66499.41.</ns0:Num>
<ns0:LawSectionVersion id="id_AD0CA1B6-843A-4AAB-8CB1-BB411CF93009">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A local agency shall ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The lot proposed to be subdivided meets all of the following sets of requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The lot is zoned for multifamily residential development.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The lot is no larger than five
acres and is substantially surrounded by qualified urban uses. For purposes of this subparagraph, the following definitions apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Qualified urban use” has the same meaning as defined in Section 21072 of the Public Resources Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“Substantially surrounded” has the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The lot is a legal parcel located within either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
An incorporated city, the boundaries of which include some portion of an urbanized area.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
An urbanized area or urban cluster in a county with a population greater than 600,000 based on the most recent United States Census Bureau
data.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, the following definitions apply:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
“Urbanized area” means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
“Urban cluster” means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The lot was not established pursuant to this section or Section 66411.7.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as specified in subparagraph (B), the newly created parcels are no smaller than 600 square feet.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A local agency may, by ordinance, adopt a smaller minimum parcel size subject to ministerial approval under this subdivision.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The housing units on the lot proposed to be subdivided are one of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Constructed on fee simple ownership lots.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Part of a common interest development.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Part of a housing cooperative, as defined in Section 817 of the Civil Code.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Owned by a community land trust. For the purpose of this subparagraph, “community land trust” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
All dwellings and units located on the land owned by the nonprofit corporation are sold to qualified owners to be occupied as the qualified owner’s primary residence or rented to persons and families of low or moderate income. For the purpose of this subparagraph, “qualified owner” means a person or family of low or moderate income, including a person or family of low or moderate income who owns a dwelling or unit collectively as a member occupant or resident shareholder of a limited-equity housing cooperative.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that
dwelling or unit for a renewable term of 99 years.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The proposed development will, pursuant to the requirements of this division, meet one of the following, as applicable:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the parcel is identified in the jurisdiction’s housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portion of the jurisdiction’s share of the regional housing need for low- or very low income households, the development will result in at least as many low- or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the parcel is not identified in the jurisdiction’s housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as the maximum allowable residential density.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The housing development project on the lot proposed to be subdivided complies with any local inclusionary housing ordinances adopted by the local agency.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The development of a housing development project on the lot proposed to be subdivided does not require the demolition or
alteration of any of the following types of housing:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Housing that is subject to any form of rent or price control through a local public entity’s valid exercise of its police power.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of
Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The lot proposed to be subdivided is not located on a site that is any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
</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, 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 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control
Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable 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) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Within a special flood hazard area subject to inundation by the 1-percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of
the following is met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program 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 regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a
development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Land 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 another adopted natural resource protection plan.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Habitat for protected species identified
as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Land under conservation easement.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The proposed subdivision conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The proposed subdivision complies with all applicable standards established pursuant to Section 65852.28.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A housing development project on a proposed site to be subdivided pursuant to this section is not required to comply with any of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size specified in, or established pursuant to, paragraph (3) of subdivision (a).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The formation of a homeowners’ association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Subparagraph (A) shall not be construed to prohibit a local agency from requiring a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A local agency shall approve or deny an application for a parcel map or a tentative map for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the
applicant can remedy the application.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the local agency that are not inconsistent with this section and paragraph (2) of subdivision (a) of Section 65852.28.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A local agency may condition the approval and recordation of a subdivision map upon the completion of a residential structure in compliance with all applicable provisions of the California Building Standards Code that contains at least one dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A local agency may deny the issuance of a parcel map, a tentative map, or a final map if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Notwithstanding Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1, a local agency is not required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels created through the exercise of the authority contained within this section.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding Section 66411.7, a local agency is not required to permit an urban lot split on a parcel created through the exercise of the authority contained within this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding Sections 65852.21 and 66411.7, those sections shall not apply to a site that meets both of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The site is located within a single-family residential horsekeeping zone designated in a master plan, adopted before January 1, 1994, that regulates land zoned single-family horsekeeping, commercial, commercial-recreational, and existing industrial within the plan area.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The applicable local government has an adopted housing element that is compliant with applicable law.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A local agency may adopt an ordinance to
implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Paragraph (2) of subdivision (h) shall become operative on January 1, 2024. Subdivisions (a) to (g), inclusive, paragraph (1) of subdivision (h), and subdivision (i) shall become operative on July 1, 2024.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_0AACF563-ACD8-49F7-BF60-FD48ED7C8C01">
<ns0:Num>SEC. 111.</ns0:Num>
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Section 66499.41 of the
<ns0:DocName>Government Code</ns0:DocName>
, as amended by Section 3 of Chapter 294 of the Statutes of 2024, is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_E9D6B699-0C43-4910-A695-C2833A17E81F">
<ns0:Num>66499.41.</ns0:Num>
<ns0:LawSectionVersion id="id_9ACD6CF4-5512-41F8-9E74-0BA14046731E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A local agency shall ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, except as provided in subdivision (g).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The lot proposed to be subdivided meets all of the following sets of requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The lot is one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Zoned to allow
multifamily residential dwelling use.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Vacant and zoned for single-family residential development. For purposes of this paragraph, “vacant” means having no permanent structure, unless the permanent structure is abandoned and uninhabitable. All of the following types of housing shall not be defined as “vacant”:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Housing that is subject to a recorded covenant, ordinance, or law that restricts rent or sales price to levels affordable to persons and families of low, very low, or extremely low income.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Housing that is subject to any form of rent or sales price control through a local public entity’s valid exercise of its police power.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Housing occupied by tenants within the five years preceding the date of the application, including housing
that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A lot zoned to allow multifamily residential dwelling use is no larger than five acres and is substantially surrounded by qualified urban uses.
<html:span class="EnSpace"/>
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A vacant lot zoned for single-family residential development is no larger than one and one-half acres and is substantially surrounded by qualified urban uses.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, the following definitions apply:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
“Qualified urban use” has the same meaning as defined in Section 21072 of the Public Resources Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
“Substantially surrounded” has
the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The lot is a legal parcel located within one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
An incorporated city, the boundaries of which include some portion of an urbanized area.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
An urbanized area or urban cluster in a county with a population greater than 600,000 based on the most recent United States Census Bureau data.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, the following definitions apply:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
“Urbanized area” means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
“Urban cluster” means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The lot was not established pursuant to this section or Section 66411.7.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as specified in subparagraphs (B) and (C), the newly created parcels are no smaller than 600 square feet.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the parcels are zoned for single-family residential use, the newly created parcels are no smaller than 1,200 square feet.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A local agency may, by ordinance, adopt a smaller minimum parcel size subject to ministerial approval under this subdivision.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The housing units on the lot proposed to be subdivided are one of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Constructed on fee simple ownership lots.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Part of a common interest development.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Part of a housing cooperative, as defined in Section 817 of the Civil Code.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Constructed on land owned by a community land trust. For the purpose of this subparagraph, “community land trust” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
All dwellings and units located on the land owned by the nonprofit corporation are sold to qualified owners to be occupied as the qualified owner’s primary residence or rented to persons and families of low or moderate income. For the purpose of this subparagraph, “qualified owner” means a person or family of low or moderate income, including a person or family of low or moderate income who owns a dwelling or unit collectively as a member occupant or resident shareholder of a limited-equity housing cooperative.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Part of a tenancy in common, as
described in Section 685 of the Civil Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The proposed development will, pursuant to the requirements of this division, meet one of the following, as applicable:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the parcel is identified in the jurisdiction’s housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portion of the jurisdiction’s share of the regional housing need for low- or very low income households, the development will result in at least as many low- or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
If the parcel is not identified in the jurisdiction’s housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least 66 percent of the maximum allowable residential density as specified by local zoning or 66 percent of the applicable residential density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2, whichever is greater.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Where local zoning does not specify a maximum allowable residential density, the development will result in at least 66 percent of the applicable residential density as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The average total area of floorspace for
the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of this paragraph, “net habitable square feet” means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The housing development project on the lot proposed to be subdivided complies with any local inclusionary housing ordinances adopted by the local agency.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The development of a housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Housing that is subject to any form of rent or price control through a local public entity’s valid exercise of its police power.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within
15 years before the date that the development proponent submits an application.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The lot proposed to be subdivided is not located on a site that is any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
</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, 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 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to former Section 25356 of the Health and Safety Code, unless either of the following applies:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does
not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable 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) of Division 13 of the Health and Safety Code), and by
any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Within a special flood hazard area subject to inundation by the 1-percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following is met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program 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 regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to
satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Land 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 another adopted natural resource protection plan.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Habitat for protected species identified as candidate, sensitive, or
species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Land under conservation easement.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The proposed subdivision conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The proposed subdivision complies with all applicable standards established pursuant to Section 65852.28.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
The proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A housing development project on a proposed site to be subdivided pursuant to this section is not required to comply with either of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A minimum requirement on the size, width, depth, frontage, or dimensions of an individual parcel created by the development beyond the minimum parcel size specified in, or established pursuant to, paragraph (3) of subdivision (a).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The formation of a homeowners’ association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Subparagraph (A) shall not be construed to prohibit a local agency from requiring a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A local agency shall approve or deny an application for a parcel map or a tentative map for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local
agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the local agency that are not inconsistent with this section and paragraph (2) of subdivision (a) of Section 65852.28.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A local agency may condition the approval and recordation of a subdivision map upon the completion of a residential structure in compliance with all applicable provisions of the California Building Standards Code that contains at least one
dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A local agency may deny the issuance of a parcel map, a tentative map, or a final map if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Notwithstanding Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1, a local agency is not required to permit an accessory dwelling unit or a junior accessory
dwelling unit on parcels created through the exercise of the authority contained within this section. If a local agency chooses to permit accessory dwelling units or junior accessory dwelling units, the units shall not count as residential units for the purposes of paragraph (1) of subdivision (a).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding Section 66411.7, a local agency is not required to permit an urban lot split on a parcel created through the exercise of the authority contained within this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding Sections 65852.21 and 66411.7, those sections shall not apply to a site that meets both of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The site is located within a single-family residential horsekeeping zone designated in a master plan, adopted before January 1, 1994, that regulates land zoned single-family
horsekeeping, commercial, commercial-recreational, and existing industrial within the plan area.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The applicable local government has an adopted housing element that is compliant with applicable law.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Paragraph (2) of subdivision (h) shall become operative on January 1, 2024. Subdivisions (a) to (g), inclusive, paragraph (1) of subdivision (h), and subdivision (i) shall become operative on July 1, 2024.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The amendments made to this section by the act adding this subdivision shall become operative on
July 1, 2025.
</html:p>
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</ns0:BillSection>
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<ns0:Num>SEC. 112.</ns0:Num>
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The heading of Title 8.5 of the
<ns0:DocName>Government Code</ns0:DocName>
is repealed.
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<ns0:BillSection id="id_E54E3AC6-3C53-46B8-8823-41A54D807B48">
<ns0:Num>SEC. 113.</ns0:Num>
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Section 89517.5 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_30D1751C-9ECB-4738-BF82-8AE63DA8F91D">
<ns0:Num>89517.5.</ns0:Num>
<ns0:LawSectionVersion id="id_4B20554C-5E76-4EB3-B340-D9D157BE9E89">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this section, “security expenses” include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The reasonable costs of installing and monitoring a home or office electronic security system for a candidate, elected officer, or the immediate family or staff of a candidate or elected officer.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The reasonable costs of providing personal security to a candidate, elected officer, or the immediate family or staff of a candidate or elected officer.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any other tangible item related to security for a candidate, elected officer, or the immediate family or staff of a candidate or elected officer.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Security expenses” do not include either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Payments to a relative, within the third degree of consanguinity, of a candidate or elected officer.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Payments for a firearm.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding Section 89517, campaign funds may be used to pay, or reimburse the state, for security expenses to protect a candidate, an elected officer, or the immediate family or staff of a candidate or elected officer, provided that the threat or potential threat to safety arises from the candidate’s or elected officer’s activities, duties, or status as a candidate or elected officer or from staff’s position as staff of the candidate or elected officer.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Expenditures of campaign funds pursuant to this section shall be limited to a lifetime maximum of ten thousand dollars ($10,000) for a person who is a candidate or elected officer. This lifetime maximum shall apply regardless of whether the person is a candidate or an elected officer for multiple offices.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If a committee uses campaign funds to pay, or reimburse the state, for the costs of installing a home or office electronic security system or for any other tangible item related to security, either the security system or other item shall be returned to the committee or reimbursement for the security system or other item shall be made to the campaign fund account of the committee that paid for the security system or other item, pursuant to the requirements of paragraphs (2) and (3).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in
subparagraph (B), return or reimbursement is due within one year of when the elected officer leaves the office for which the security system or other tangible item related to security was purchased or when the candidate is no longer a candidate for the office for which the security system or other item was purchased, or, if applicable, upon sale of the property on which the security system is installed, whichever occurs sooner.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If there is a continuing threat to the physical safety of the candidate or elected officer, the threat arises from the candidate’s or elected officer’s activities, duties, or status as a candidate or elected officer, and the threat has been reported to and verified by an appropriate law enforcement agency, return or reimbursement is due within one year of when the threat verified by the law enforcement agency ceases, or, if applicable, upon sale of the property on which the security system is installed, whichever
occurs sooner.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The amount of the reimbursement shall be the fair market value of the security system or other tangible item related to security at the time that reimbursement is paid or due pursuant to paragraph (2), whichever occurs sooner. For a security system installed at the home or office of, or for an item purchased for, a candidate or elected officer, the candidate or elected officer shall pay the reimbursement. For a security system installed at the home or office of, or for an item purchased for, immediate family or staff, either the candidate or elected officer, or the immediate family or staff, shall pay the reimbursement.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The immediate family or staff of the candidate or elected officer shall not be personally liable for reimbursement for expenditures for security expenses pursuant to this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The candidate or elected officer shall report an expenditure pursuant to subdivision (b) and a reimbursement pursuant to subdivision (c) on the candidate’s or elected officer’s campaign statement filed pursuant to Article 2 (commencing with Section 84200) of Chapter 4.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
With each report described in paragraph (1), the candidate or elected officer shall also submit a form to the Commission, in a manner prescribed by the Commission and signed under penalty of perjury, that describes and verifies the threat or potential threat to the candidate or elected officer, or to their immediate family or staff, that arose from the candidate’s or elected officer’s activities, duties, or status as a candidate or elected officer and that necessitated the expenditure or reimbursement.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
As part of the recordkeeping requirements in Section 84104, the
candidate or elected officer shall maintain detailed accounts, records, bills, and receipts relating to an expenditure or reimbursement described in paragraph (1), including records providing evidence of the threat or potential threat to safety that gave rise to the need for the expenditure.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_81969716-4A83-4B30-9A81-B307AD05A48F">
<ns0:Num>SEC. 114.</ns0:Num>
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Section 1317.2a of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_4D353C43-5A73-41AB-BD74-C8FE1A9E58E0">
<ns0:Num>1317.2a.</ns0:Num>
<ns0:LawSectionVersion id="id_C3891ECD-3D8D-4D6B-B228-A4A7BF320EF9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A hospital that has a legal obligation, whether imposed by statute or by contract, to the extent of that contractual obligation, to any third-party payer, including, but not limited to, a health maintenance organization, health care service plan, nonprofit hospital service plan, insurer, or preferred provider organization, a county, or an employer to provide care for a patient under the circumstances specified in Section 1317.2 shall receive that patient to the extent required by the applicable statute or by the terms of the contract, or, when the hospital is unable to accept a patient for whom it has a legal obligation to provide care whose transfer will not create a medical hazard as specified in Section 1317.2, it shall make appropriate arrangements for the patient’s care.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A county hospital shall accept a patient whose transfer will not create a medical hazard as specified in Section 1317.2 and who is determined by the county to be eligible to receive health care services required under Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code, unless the hospital does not have appropriate bed capacity, medical personnel, or equipment required to provide care to the patient in accordance with accepted medical practice. When a county hospital is unable to accept a patient whose transfer will not create a medical hazard as specified in Section 1317.2, it shall make appropriate arrangements for the patient’s care. The obligation to make appropriate arrangements as set forth in this subdivision does not mandate a level of service or payment, modify the county’s obligations under Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code, create a cause of
action, or limit a county’s flexibility to manage county health systems within available resources. However, the county’s flexibility shall not diminish a county’s responsibilities under Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code or the requirements contained in Chapter 2.5 (commencing with Section 1440).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The receiving hospital shall provide personnel and equipment reasonably required in the exercise of good medical practice for the care of the transferred patient.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any third-party payer, including, but not limited to, a health maintenance organization, health care service plan, nonprofit hospital service plan, insurer, or preferred provider organization, or employer that has a statutory or contractual obligation to provide or indemnify emergency medical services on behalf of a patient shall be liable, to the extent of the
statutory or contractual obligation to the patient, for the reasonable charges of the transferring hospital and the treating physicians for the emergency services provided pursuant to this article, except that the patient shall be responsible for uncovered services, or any deductible or copayment obligation. Notwithstanding this section, the liability of a third-party payer that has contracted with health care providers for the provision of these emergency services shall be set by the terms of that contract. Notwithstanding this section, the liability of a third-party payer that is licensed by the Insurance Commissioner or the Director of the Department of Managed Health Care and has a contractual obligation to provide or indemnify emergency medical services under a contract that covers a subscriber or an enrollee shall be determined in accordance with the terms of that contract and shall remain under the sole jurisdiction of that licensing agency.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A hospital that has a legal obligation to provide care for a patient as specified by subdivision (a) of Section 1317.2a to the extent of its legal obligation, imposed by statute or by contract to the extent of that contractual obligation, which does not accept transfers of, or make other appropriate arrangements for, medically stable patients in violation of this article or regulations adopted pursuant thereto shall be liable for the reasonable charges of the transferring hospital and treating physicians for providing services and care that should have been provided by the receiving hospital.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Subdivisions (d) and (e) do not apply to county obligations under Section 17000 of the Welfare and Institutions Code.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section does not require a hospital to make arrangements for the care of a patient for whom the hospital does not have a legal obligation to
provide care.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_585FFC4C-82E3-4C98-B4B1-E6A324DB7134">
<ns0:Num>SEC. 115.</ns0:Num>
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Section 1343.3 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_2E1FA4E3-2E1B-44A9-A0FA-279CD9E946D0">
<ns0:Num>1343.3.</ns0:Num>
<ns0:LawSectionVersion id="id_59E07C9F-8369-43BC-9253-61C341C66F55">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The director, no later than May 1, 2021, may authorize one pilot program in southern California whereby providers approved by the department may undertake risk-bearing arrangements with a voluntary employees’ beneficiary association, as defined in Section 501(c)(9) of Title 26 of the United States Code or in Section 1349.2, notwithstanding paragraph (3) of subdivision (a) of Section 1349.2, with enrollment of greater than 100,000 lives, beginning no earlier than January 1, 2022, to December 31, 2027, inclusive, if all of the following criteria are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The purpose of the pilot program is to demonstrate the control of costs for health care services and the improvement of health outcomes and quality of service when compared against a sole fee-for-service
provider reimbursement model.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The voluntary employees’ beneficiary association has entered into a contract with one or more health care providers under which each provider agrees to accept risk-based or global risk payment from the voluntary employees’ beneficiary association.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Each risk-bearing provider is registered as a risk-bearing organization pursuant to Section 1375.4 and applicable department regulations if the provider accepts professional capitation and is delegated the responsibility for the processing and payment of claims.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Each global risk-bearing provider holds or will obtain in conjunction with the pilot program application a limited or restricted license pursuant to Section 1349 or 1351, or Section 1300.49 of Title 28 of the California Code of Regulations.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Each risk-bearing provider continues to comply with applicable financial solvency standards and audit requirements under this chapter, including, but not limited to, financial reporting on a quarterly basis, during the term of the pilot program.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The voluntary employees’ beneficiary association shall be responsible for providing all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Basic health care services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Prescription drug benefits.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Continuity of care.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Standards for network adequacy and timely access to care, including, but not limited to, access to specialty care.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Language assistance programs.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A process for filing and resolving consumer grievances and appeals, including, but not limited to, independent medical review.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Prohibitions against deceptive marketing.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Member documents that include a description of the benefit coverage, any applicable copays, how to access services, and how to submit a grievance.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Mechanisms for resolving provider disputes, including an appeals process.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The contract between the voluntary employees’ beneficiary association and each health care provider shall include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Provisions dividing financial
responsibility between the parties and defining which party is financially responsible for services rendered, including arrangements for member care should a global or risk-bearing provider become insolvent.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A delegation agreement.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Requirements regarding utilization review or utilization management.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Provisions stating the risk-based organization, limited licensee, or restricted licensee, as applicable, has the organizational and administrative capacity to provide services to covered employees, and that medical decisions are rendered by qualified medical providers, unhindered by fiscal and administrative management, including the disclosure of the percentage of risk assumed in relation to its total risk-based business.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Requirements
regarding the submission of claims by providers and the timely processing of provider claims, including a guarantee that the voluntary employees’ beneficiary association will indemnify any outstanding unpaid provider claim in the event of the insolvency of a participating provider to the pilot program.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Require the health care provider to comply with the voluntary employees’ beneficiary association’s requirements for all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Continuity of care.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Language assistance.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Consumer grievances and appeals, including, but not limited to, independent medical review.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The term of each contract between the voluntary employees’ beneficiary association and a health care
provider does not exceed the period of the pilot program.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
To participate in the pilot program, each voluntary employees’ beneficiary association shall submit to the department an application consistent with paragraph (2) of subdivision (h).
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Each health care provider that has entered into a contract with the voluntary employees’ beneficiary association is a party to the pilot program application submitted to the department. The application shall include a copy of each contract between the voluntary employees’ beneficiary association and a participating health care provider.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The voluntary employees’ beneficiary association and each health care provider participating in the pilot program agree to collect and report to the department, in each year of the pilot program, in a manner
and frequency determined by the department, information regarding the comparative cost savings when compared to fee-for-service payment, performance measurements for clinical patient outcomes, and enrollee satisfaction. The department may require additional information be reported. Any additional reporting requirements shall not be subject 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).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The department may authorize a public or private agency to receive the information specified in this paragraph and monitor the pilot program under the data standard currently used by the Integrated Healthcare Association’s “Align. Measure. Perform.” (AMP) program and the California Regional Health Care Cost & Quality Atlas.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section does not exempt a health care provider that contracts with
a voluntary employees’ beneficiary association as part of a pilot program authorized by subdivision (a) from the financial solvency requirements of Section 1375.4 and related department regulations, Section 1349 or 1351, or Section 1300.49 of Title 28 of the California Code of Regulations, as applicable, or any other provision of this chapter required by the department as part of the pilot program.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding paragraph (3) of subdivision (a), this section does not exempt a voluntary employees’ beneficiary association participating in a program authorized by subdivision (a) of Section 1349.2 from the requirement to reimburse providers on a fee-for-service basis.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The participating voluntary employees’ beneficiary association shall appoint an ombudsperson to monitor and respond to any complaint lodged by a participating enrollee in the pilot program. If the enrollee is
not satisfied with the result, the ombudsperson shall refer the enrollee to the department’s grievance and appeal process as established pursuant to Section 1368. Determinations made by the department pursuant to the grievance and appeal process shall be binding upon the voluntary employees’ beneficiary association.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The participating voluntary employees’ beneficiary association shall report on a quarterly basis to the department any complaint lodged by a participating enrollee in the pilot program, along with a description of the response and resolution.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The global and risk-bearing providers participating in a pilot program authorized by subdivision (a) shall be approved by the department. The department shall retain the right to disapprove any pilot program application for any reason consistent with this chapter, including, but not limited to, failure to demonstrate to
the department’s satisfaction adequate enrollee protection and compliance with all criteria and requirements in this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The department, after the termination of the pilot program, and before January 1, 2029, shall submit a report to the Legislature regarding the costs and clinical patient outcomes of the pilot program compared to fee-for-service payment models, including data on enrollee satisfaction, consumer and provider grievances, appeals, and independent medical reviews. The department may authorize a public or private agency in subparagraph (B) of paragraph (11) of subdivision (a) to prepare the report on behalf of the department. This report shall be submitted in compliance with Section 9795 of the Government Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The pilot program participants shall reimburse the department for reasonable regulatory costs of up to five hundred thousand dollars ($500,000) for
all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Commissioning the report described in subdivision (g).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Developing an application process for the pilot program described in this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Monitoring compliance with this section.
</html:p>
<html:p>
(i)
<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_07C21112-2494-4AD4-96C7-C1B71EFCE192">
<ns0:Num>SEC. 116.</ns0:Num>
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Section 1374.72 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_228C920E-431F-4DFC-AA32-36EFA0D03827">
<ns0:Num>1374.72.</ns0:Num>
<ns0:LawSectionVersion id="id_5C2CF6B7-7042-414D-902B-7D9AB9C38F0B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Every health care service plan contract issued, amended, or renewed on or after January 1, 2021, that provides hospital, medical, or surgical coverage shall provide coverage for medically necessary treatment of mental health and substance use disorders, under the same terms and conditions applied to other medical conditions as specified in subdivision (c).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this section, “mental health and substance use disorders” means a mental health condition or substance use disorder that falls under any of the diagnostic categories listed in the mental and behavioral disorders chapter of the most recent edition of the International Classification of Diseases or that is listed in the most recent version of the Diagnostic and
Statistical Manual of Mental Disorders. Changes in terminology, organization, or classification of mental health and substance use disorders in future versions of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders or the World Health Organization’s International Statistical Classification of Diseases and Related Health Problems shall not affect the conditions covered by this section as long as a condition is commonly understood to be a mental health or substance use disorder by health care providers practicing in relevant clinical specialties.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For purposes of this section, “medically necessary treatment of a mental health or substance use disorder” means a service or product addressing the specific needs of that patient, for the purpose of preventing, diagnosing, or treating an illness, injury, condition, or its symptoms, including minimizing the progression of that
illness, injury, condition, or its symptoms, in a manner that is all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
In accordance with the generally accepted standards of mental health and substance use disorder care.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Clinically appropriate in terms of type, frequency, extent, site, and duration.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Not primarily for the economic benefit of the health care service plan and subscribers or for the convenience of the patient, treating physician, or other health care provider.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph does not limit in any way the independent medical review rights of an enrollee or subscriber under this chapter.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this section, “health care provider” means any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A person who is licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An associate marriage and family therapist or marriage and family therapist trainee functioning pursuant to Section 4980.43.3 of the Business and Professions Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A qualified autism service provider or qualified autism service professional certified by a national entity pursuant to Section 10144.51 of the Insurance Code and Section 1374.73.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An associate clinical social worker functioning pursuant to Section 4996.23.2 of the Business and Professions Code.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
An associate professional clinical counselor or professional clinical counselor trainee functioning pursuant to
Section 4999.46.3 of the Business and Professions Code.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A registered psychological associate, as described in Section 2913 of the Business and Professions Code.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
A psychology trainee or person supervised as set forth in Section 2910 or 2911 of, or subdivision (d) of Section 2914 of, the Business and Professions Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For purposes of this section, “generally accepted standards of mental health and substance use disorder care” has the same meaning as defined in paragraph (1) of subdivision (f) of Section 1374.721.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A health care service plan shall not limit benefits or coverage for mental health and substance use disorders to short-term or acute treatment.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
All medical
necessity determinations by the health care service plan concerning service intensity, level of care placement, continued stay, and transfer or discharge of enrollees diagnosed with mental health and substance use disorders shall be conducted in accordance with the requirements of Section 1374.721. This paragraph does not deprive an enrollee of the other protections of this chapter, including, but not limited to, grievances, appeals, independent medical review, discharge, transfer, and continuity of care.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A health care service plan that authorizes a specific type of treatment by a provider pursuant to this section shall not rescind or modify the authorization after the provider renders the health care service in good faith and pursuant to this authorization for any reason, including, but not limited to, the plan’s subsequent rescission, cancellation, or modification of the enrollee’s or subscriber’s contract, or the plan’s subsequent
determination that it did not make an accurate determination of the enrollee’s or subscriber’s eligibility. This section shall not be construed to expand or alter the benefits available to the enrollee or subscriber under a plan.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The benefits that shall be covered pursuant to this section shall include, but not be limited to, the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Basic health care services, as defined in subdivision (b) of Section 1345.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Intermediate services, including the full range of levels of care, including, but not limited to, residential treatment, partial hospitalization, and intensive outpatient treatment.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Prescription drugs, if the plan contract includes coverage for prescription drugs.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The terms and conditions applied to the benefits required by this section, that shall be applied equally to all benefits under the plan contract, shall include, but not be limited to, all of the following patient financial responsibilities:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Maximum annual and lifetime benefits, if not prohibited by applicable law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Copayments and coinsurance.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Individual and family deductibles.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Out-of-pocket maximums.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If services for the medically necessary treatment of a mental health or substance use disorder are not available in network within the geographic and timely access standards set by law or regulation, the health care service plan shall arrange coverage to
ensure the delivery of medically necessary out-of-network services and any medically necessary followup services that, to the maximum extent possible, meet those geographic and timely access standards. As used in this subdivision, to “arrange coverage to ensure the delivery of medically necessary out-of-network services” includes, but is not limited to, providing services to secure medically necessary out-of-network options that are available to the enrollee within geographic and timely access standards. The enrollee shall pay no more than the same cost sharing that the enrollee would pay for the same covered services received from an in-network provider.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall not apply to contracts entered into pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, between the State Department of Health Care Services and a health care
service plan for enrolled Medi-Cal beneficiaries.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For the purpose of compliance with this section, a health care service plan may provide coverage for all or part of the mental health and substance use disorder services required by this section through a separate specialized health care service plan or mental health plan, and shall not be required to obtain an additional or specialized license for this purpose.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A health care service plan shall provide the mental health and substance use disorder coverage required by this section in its entire service area and in emergency situations as may be required by applicable laws and regulations. For purposes of this section, health care service plan contracts that provide benefits to enrollees through preferred provider contracting arrangements are not precluded from requiring enrollees who reside or work
in geographic areas served by specialized health care service plans or mental health plans to secure all or part of their mental health services within those geographic areas served by specialized health care service plans or mental health plans, provided that all appropriate mental health or substance use disorder services are actually available within those geographic service areas within timeliness standards.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding any other law, in the provision of benefits required by this section, a health care service plan may utilize case management, network providers, utilization review techniques, prior authorization, copayments, or other cost sharing, provided that these practices are consistent with Section 1374.76 of this code, and Section 2052 of the Business and Professions Code.
</html:p>
<html:p>
(g)
<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.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A health care service plan shall not limit benefits or coverage for medically necessary services on the basis that those services should be or could be covered by a public entitlement program, including, but not limited to, special education or an individualized education program, Medicaid, Medicare, Supplemental Security Income, or Social Security Disability Insurance, and shall not include or enforce a contract term that excludes otherwise covered benefits on the basis that those services should be or could be covered by a public entitlement program.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A health care service plan shall not adopt, impose, or enforce terms in its plan contracts or provider agreements, in writing or in operation, that undermine, alter, or conflict with the requirements of this section.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_514E678A-07A3-4C5A-B24B-58459AEDF9AC">
<ns0:Num>SEC. 117.</ns0:Num>
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Section 2056 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_972835AA-6EC8-4FE7-9CAC-9657D13250F1">
<ns0:Num>2056.</ns0:Num>
<ns0:LawSectionVersion id="id_58890741-FCBF-4ECD-83F0-309FCC352B47">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An electrical utility, upon receiving a request from a mosquito abatement district or vector control district or a city or county health department, shall enter into a vector management agreement with the requesting entity within 180 days of the request.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A mosquito abatement district or vector control district or a city or county health department may seek a vector management agreement with an electrical utility pursuant to this section if efforts to obtain a voluntary cooperation agreement from the electrical utility have failed.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A vector management agreement shall contain, but not be limited to, all of the following provisions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The locations of electrical vaults that the electrical utility, mosquito abatement district, or vector control district reasonably believe, due to the type or the location of the vault, may contain standing water within the jurisdiction of the district or health department.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A reasonable time period for the electrical utility to provide supervised access to its electrical vaults to the district or health department for surveillance, treatment, and post-treatment inspections.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In determining the time period in subparagraph (A), the district or health department and the electrical utility shall consider the seasonality of mosquito activity in the area.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The contact information for relevant individuals at the district or
health department and the electrical utility.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A time line for the periodic update of the information in this subdivision.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Consideration, where feasible, of modifications to electrical vaults for the purposes of mosquito exclusion or discharge of captured waters.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A minimum term of three years for the agreement, with provisions for modification or extension of the agreement.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section does not affect the existing authority of a mosquito abatement district or vector control district under Section 2040.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Utility infrastructure data disclosed pursuant to an agreement entered into pursuant to this section shall be kept confidential by the mosquito
abatement district, vector control district, or city or county health department that receives the data.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Data disclosure by the utility may be limited to the affected geographical area identified by the mosquito abatement district, vector control district, or health department, and disclosed in a manner deemed as a best practice by the utility for the safety and security of public utility infrastructure.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
An electrical utility that has an existing vector management agreement with a mosquito abatement district, vector control district, or a city or county health department is not subject to this section for as long as the agreement is in effect.
</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"/>
“Electrical
utility” means an electrical corporation, as defined in Section 218 of the Public Utilities Code, or a local publicly owned electric utility, as defined in Section 224.3 of the Public Utilities Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Electrical vault” means an enclosure, either above or below ground, that may contain transformers or other electrical equipment and is the property of an electrical utility.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_BD92E5C0-D40F-4D2E-99E6-5742AECAE057">
<ns0:Num>SEC. 118.</ns0:Num>
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Section 9077 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_621D40C3-FCB0-4451-8479-36B37C07D79C">
<ns0:Num>9077.</ns0:Num>
<ns0:LawSectionVersion id="id_8D6B8B7C-A3F7-40A3-BF9C-774019DDB7B2">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding Section 9076, a district that has total annual revenues greater than five hundred thousand dollars ($500,000) may withdraw its funds from the control of the county treasurer pursuant to this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The board of trustees shall adopt a resolution that does each of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
States its intent to withdraw its funds from the county treasury.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Adopts a procedure for the appointment of a district treasurer. The board of trustees may appoint the district treasurer. The board of trustees may appoint the district treasurer, or the board of trustees may delegate the appointment of the district to the district’s
general manager. The district treasurer may be a member of the board of trustees, the secretary of the board of trustees, the general manager, or a district employee.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Fixes the amount of the bond for the district treasurer and other district employees who will be responsible for handling the district’s finances.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Adopts a system of accounting and auditing that shall completely and at all times show the district’s financial condition. The system of accounting and auditing shall adhere to generally accepted accounting principles.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Adopts a procedure for drawing and signing warrants, provided that the procedure adheres to generally accepted accounting principles. The procedures shall provide that bond principal and salaries shall be paid when due. The procedure may provide that warrants to pay claims and
demands need not be approved by the board of trustees before payment if the district treasurer determines that the claims and demands conform to the district’s approved budget.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Designates a bank or a savings and loan association as the depositary of the district’s funds. A bank or savings and loan association may act as a depositary, paying agent, or fiscal agency for the holding or handling of the district’s funds, notwithstanding the fact that a member of the board of trustees whose funds are on deposit in that bank or savings and loan association is an officer, employee, or stockholder of that bank or savings and loan association, or of a holding company that owns any of the stock of that bank or savings and loan association.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The board of trustees and the board of supervisors of the principal county shall determine a mutually acceptable date for the withdrawal of the
district’s funds from the county treasury, not to exceed 15 months from the date on which the board of trustees adopts its resolution.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In implementing this section, the district shall comply with Article 1 (commencing with Section 53600) and Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. Nothing in this section shall preclude the district treasurer from depositing the district’s funds in the county treasury of the principal county or the State Treasury pursuant to Article 11 (commencing with Section 16429.1) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The district treasurer shall make annual or more frequent written reports to the board of trustees, as the board of trustees shall determine, regarding the receipts and disbursements and balances in the accounts controlled by the
district treasurer. The district treasurer shall sign the reports and file them with the secretary.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_21AB0A7A-C178-4504-BBC7-F17A5AAE21E0">
<ns0:Num>SEC. 119.</ns0:Num>
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Section 18214 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_7329FA60-CDD7-47D5-A8E1-CA7E07343D77">
<ns0:Num>18214.</ns0:Num>
<ns0:LawSectionVersion id="id_1D07B1BE-317A-4B3F-91BB-82FC4D48F5A7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
“Mobilehome park” is any area or tract of land where two or more lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes, mobilehomes, or recreational vehicles used for human habitation. The rental paid for a manufactured home, a mobilehome, or a recreational vehicle shall be deemed to include rental for the lot it occupies. This subdivision shall not be construed to authorize the rental of a mobilehome park space for the accommodation of a recreational vehicle in violation of Section 798.22 of the Civil Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), employee housing that has obtained a
permit to operate pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000)) and that both meets the criteria of Section 17021.6 and is comprised of two or more lots or units held out for lease or rent or provided as a term or condition of employment shall not be deemed a mobilehome park for the purposes of the requirement to obtain an initial or annual permit to operate or pay any related fees required by this part.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), an area or tract of land shall not be deemed a mobilehome park if the structures on it consist of residential structures that are rented or leased, or held out for rent or lease, if those residential structures meet both of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The residential structures are manufactured homes constructed pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C. Sec. 5401 et seq.) or mobilehomes containing two or more dwelling units for human habitation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Those manufactured homes or mobilehomes have been approved by a city, county, or city and county pursuant to subdivision (e) of Section 17951 as an alternate which is at least the equivalent to the requirements prescribed in the California Building Standards Code or Part 1.5 (commencing with Section 17910) in performance, safety, and for the protection of life and health.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), an area or tract of land shall not be deemed a mobilehome park due to the rental or lease of an accessory dwelling unit created by use of a manufactured home, as defined in Section 66313 of the Government Code.
</html:p>
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</ns0:LawSection>
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<ns0:BillSection id="id_89A32D8C-3138-4D03-8952-82462330E55C">
<ns0:Num>SEC. 120.</ns0:Num>
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Section 50197.3 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_1FA43F6D-FE7B-4D0D-8B70-BB111BA22F92">
<ns0:Num>50197.3.</ns0:Num>
<ns0:LawSectionVersion id="id_B4532C54-5475-404D-9637-4A1A53F9E76D">
<ns0:Content>
<html:p>A mortgage credit certificate may be issued under a mortgage credit certificate program by a local agency pursuant to this chapter and the federal act, as defined by subdivision (g) of Section 50172.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_ACBED716-0225-425C-82C1-481A246F7D4D">
<ns0:Num>SEC. 121.</ns0:Num>
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Section 50513 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_4D2A4007-A8F9-4C81-8E87-D9CEED2F2566">
<ns0:Num>50513.</ns0:Num>
<ns0:LawSectionVersion id="id_8FE3AEEC-E413-47E4-AEF0-FDCE8A3A5858">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This section shall be known, and may be cited, as the G. David Singleton California Indian Assistance Program.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall provide comprehensive technical assistance to tribes, tribal housing authorities, designated tribal housing entities, tribal housing departments, housing sponsors, and governmental agencies on reservations, rancherias, and on public domain, and tribes that want to participate in tribal housing grant programs on fee simple land to facilitate the planning and orderly development of suitable, decent, safe, and sanitary housing for American Indians residing in those areas or within a tribe’s designated service area, as defined by the tribe. This assistance may include technical assistance in land use planning, natural and
environmental resource planning, and economic resource planning.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
To provide assistance with waivers or modification requests submitted pursuant to subdivision (p) of Section 50406, the department shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Assign each waiver or modification request submitted a reference number.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Post on its internet website a waiver or modification request submitted to the department, including the nature of the waiver or modification request and the reference number.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Post on its internet website whether a waiver or modification request is accepted, denied, or accepted or denied in part. If the waiver or modification request is denied, post on its internet website the reason the department denied the waiver or modification
request.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Where the department has made a determination that tribal law, tribal governance, tribal charter, or difference in tribal entity or agency legal structure causes a violation or does not satisfy the requirements of specific state financing being provided to a housing development administered by the department for more than two tribal applicants for a specific notice of funding availability, the director of the department or designee may incorporate that waiver or modification into any of its the department’s state financing programs.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall provide outreach, education, and comprehensive technical assistance to tribes, tribal housing authorities, tribally designated housing entities, housing departments of a tribe, housing sponsors, and governmental agencies on reservations, rancherias, and on public domain in the development of tribal housing grant
programs, and before, during, and after the grant application process.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding any other law, data collected pursuant to this section shall be kept confidential and shall not be subject to public disclosure, including, but not limited to, any person or entity that provides technical assistance.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_099B1721-FA14-4F31-B0D9-EFAC13F55315">
<ns0:Num>SEC. 122.</ns0:Num>
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Section 50515.03 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_893E63BF-82F2-4B4E-8D85-78D9DC12D1A2">
<ns0:Num>50515.03.</ns0:Num>
<ns0:LawSectionVersion id="id_C7AA946C-45F0-48A2-86DC-F291E55624B9">
<ns0:Content>
<html:p>Of the amount described in paragraph (2) of subdivision (a) of Section 50515.01, one hundred twenty-five million dollars ($125,000,000) shall be available to jurisdictions to assist in planning for other activities related to meeting the sixth cycle regional housing need assessment, as follows:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The maximum amount that a jurisdiction may receive pursuant to this subdivision shall be as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the jurisdiction has a population of 750,000 or greater, one million five hundred thousand dollars ($1,500,000).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the jurisdiction has a population of 300,000 or greater, but equal to or less than 749,999, seven hundred fifty
thousand dollars ($750,000).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the jurisdiction has a population of 100,000 or greater, but equal to or less than 299,999, five hundred thousand dollars ($500,000).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If the jurisdiction has a population of 60,000 or greater, but equal to or less than 99,999, three hundred thousand dollars ($300,000).
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
If the jurisdiction has a population of 20,000 or greater, but equal to or less than 59,999, one hundred fifty thousand dollars ($150,000).
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
If the jurisdiction has a population equal to or less than 19,999, sixty-five thousand dollars ($65,000).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, the population of a jurisdiction shall be based on the population estimates posted on the
Department of Finance’s internet website as of January 1, 2019.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Until January 31, 2021, a jurisdiction may request an allocation of funds pursuant to this section by submitting an application to the department, in the form and manner prescribed by the department, that contains the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An allocation budget for the funds provided pursuant to this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An explanation of how proposed uses will increase housing planning and facilitate local housing production.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall review an application submitted pursuant to this subdivision within 30 days. Upon approval of an application for funds pursuant to this subdivision, the department shall award the moneys for which the jurisdiction
qualifies.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A jurisdiction that receives an allocation pursuant to this section shall only use that allocation for housing-related planning activities, including, but not limited to, the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Rezoning and encouraging development by updating planning documents and zoning ordinances, such as general plans, community plans, specific plans, sustainable communities’ strategies, and local coastal programs.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Completing environmental clearance to eliminate the need for project-specific review.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Establishing a workforce housing opportunity zone pursuant to Article 10.10 (commencing with Section 65620) of Chapter 3 of Division 1 of Title 7 of the Government Code or a housing sustainability district pursuant to Chapter 11 (commencing with
Section 66200) of Division 1 of Title 7 of the Government Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Performing infrastructure planning, including for sewers, water systems, transit, roads, or other public facilities necessary to support new housing and new residents.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Partnering with other local entities to identify and prepare excess property for residential development.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Revamping local planning processes to speed up housing production.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Developing or improving an accessory dwelling unit ordinance in compliance with Article 2 (commencing with Section 66314) of Chapter 13 of Division 1 of Title 7 of the Government Code.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Covering the costs of temporary staffing or consultant needs associated with the
activities described in paragraphs (1) to (7), inclusive.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_F9B79EDF-3C4F-4746-9616-4C5011D9E51F">
<ns0:Num>SEC. 123.</ns0:Num>
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Section 50710.7 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_9E2D8474-3F73-47D9-8BE5-6AE575049254">
<ns0:Num>50710.7.</ns0:Num>
<ns0:LawSectionVersion id="id_CEF16BCE-B1C9-471A-BBA0-3A69090905F7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
By December 31, 2028, the department shall, following the completion of the report under Section 50710.6, coordinate with the Department of General Services and the Department of Food and Agriculture to identify available excess sites in proximity to migrant farm labor centers.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall, in collaboration with the Department of General Services, the California Housing Finance Agency, and the Department of Food and Agriculture, prioritize the locations identified in subdivision (a) for the development of permanent farmworker housing, with the highest prioritization to the areas with the greatest need for permanent farmworker housing, as identified in the report under Section 50710.6.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_9449C544-5C62-4D2F-96C6-96BB4C8B5449">
<ns0:Num>SEC. 124.</ns0:Num>
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The heading of Division 38 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is repealed.
</ns0:ActionLine>
<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_126F2830-6DC6-47B4-8241-133FBA232B86">
<ns0:Num>SEC. 125.</ns0:Num>
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The heading of Division 39 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is repealed.
</ns0:ActionLine>
<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_F3F34FC3-0A13-404E-9B58-D3A7EBDA13EF">
<ns0:Num>SEC. 126.</ns0:Num>
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Section 111926 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_4EA984CB-DA0E-409E-AA45-A5EFDEF418A2">
<ns0:Num>111926.</ns0:Num>
<ns0:LawSectionVersion id="id_821A101E-8434-431A-9EFE-3DF9233DCA67">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A manufacturer, distributor, or seller of an industrial hemp product shall follow packaging, labeling, and advertising laws, including, but not limited to, Chapter 4 (commencing with Section 110290), and federal laws incorporated or applicable in this state, including, but not limited to, Sections 110100, 110340, 110371, 110380, and 110407 and shall not violate this part.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A manufacturer, distributor, or seller of industrial hemp shall not do any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Directly target advertising or marketing to children or to persons who are pregnant or breastfeeding.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Advertise or market on a billboard or similar advertising
device located on an interstate highway or on a state highway that crosses the California border.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Advertise or market industrial hemp products in a manner intended to encourage persons under 21 years of age to consume industrial hemp products.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Publish or disseminate advertising or marketing that is attractive to children.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Advertise or market industrial hemp products on an advertising sign within 1,000 feet of a daycare center, school providing instruction in kindergarten or any of grades 1 to 12, inclusive, playground, or youth center.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Advertising or marketing placed in broadcast, cable, radio, print, or digital communications shall only be displayed where at least 70 percent of the audience is reasonably expected to be 18 years of age
or older, as determined by reliable, up-to-date audience composition data.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A violation of this section shall be subject to the requirements, fines, and penalties of Section 26152.2 of the Business and Professions Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_51E2EB95-DDC1-4958-9092-057BBA8E2158">
<ns0:Num>SEC. 127.</ns0:Num>
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Section 114368.8 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_DC158BAC-4E38-4757-A2AF-0F026DC21DE6">
<ns0:Num>114368.8.</ns0:Num>
<ns0:LawSectionVersion id="id_5DF79C7F-7ED4-4D9E-AC99-84012927FCB9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding Section 114395, a violation of this part by an operator or employee of a compact mobile food operation is punishable only by an administrative fine.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A violation of any provision of this part or regulation adopted pursuant to this part by an operator or employee of a compact mobile food operation or a sidewalk vendor shall not be punishable as an infraction or misdemeanor, and an operator or employee of a compact mobile food operation or a sidewalk vendor alleged to have violated any of those provisions is not subject to arrest except when independent grounds for that arrest exist under law.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Except as provided in paragraph (d), each offense by an operator or employee of a
compact mobile food operation or a sidewalk vendor may only be punished by a fine consistent with the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A notice of violation detailing the violation, including the applicable provision of this part or regulation adopted pursuant to this part.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An administrative fine not exceeding one hundred dollars ($100) for a second violation within one year of the first violation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An administrative fine not exceeding two hundred dollars ($200) for a third violation within one year of the first violation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If a compact mobile food operation is
required to obtain a permit from the enforcement agency, operating without a permit may be punishable by a fine not to exceed three times the cost of the permit in lieu of the administrative fines referenced in subdivision (c). An enforcement agency shall not issue any fines in excess of the amounts allowable pursuant to subdivision (c) prior to January 1, 2024.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
When assessing an administrative fine for a first-time offense, pursuant to this section, the hearing officer shall take into consideration the person’s ability to pay the fine. The enforcement agency shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been
referred to a comprehensive collection program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the enforcement agency shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The enforcement agency may waive the administrative fine or may offer an alternative disposition.
</html:p>
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<ns0:BillSection id="id_5EA7DF2D-0D49-4C75-957E-CA4A1045D15C">
<ns0:Num>SEC. 128.</ns0:Num>
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Section 114381 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_292D3F20-CC58-414E-AECF-88DC8FB233DE">
<ns0:Num>114381.</ns0:Num>
<ns0:LawSectionVersion id="id_4E5C4FEC-CBFA-4FFC-8197-57760F3E70C4">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A food facility shall not be open for business without a valid permit.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A permit shall be issued by the enforcement agency when investigation has determined that the proposed facility and its method of operation meets the specifications of the approved plans or conforms to the requirements of this part.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A permit, once issued, is nontransferable. A permit shall be valid only for the person, location, type of food sales, or distribution activity and, unless suspended or revoked for cause, for the time period indicated.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any fee for the permit or registration or related services, including, but not limited to, the expenses of
inspecting and impounding any utensil suspected of releasing lead or cadmium in violation of Section 108860 as authorized by Section 114393, review of HACCP plans, and alternative means of compliance shall be determined by the local governing body. Fees shall be sufficient to cover the actual expenses of administering and enforcing this part. The moneys collected as fees shall only be expended for the purpose of administering and enforcing this part.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A permit shall be posted in a conspicuous place in the food facility or in the office of a vending machine business.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Any person requesting the enforcement agency to undertake activity pursuant to Sections 114419.1 and 114419.3 shall pay the enforcement agency’s costs incurred in undertaking the activity. The enforcement agency’s services shall be assessed at the current hourly cost recovery
rate.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_C618E11D-B2ED-4991-9843-3EDFB7A43BDE">
<ns0:Num>SEC. 129.</ns0:Num>
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Section 120440 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
, as amended by Section 2 of Chapter 868 of the Statutes of 2024, is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_BA848578-58FA-4316-B18C-0D402AA954D0">
<ns0:Num>120440.</ns0:Num>
<ns0:LawSectionVersion id="id_DB0F994C-D21F-44CD-B586-A7D8FCBE798F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For the purposes of this chapter, the following definitions shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Health care provider” means any person licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code or a clinic or health facility licensed pursuant to Division 2 (commencing with Section 1200).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Schools, childcare facilities, and family childcare homes” means those institutions referred to in subdivision (b) of Section 120335, regardless of whether they directly provide immunizations to patients or clients.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“WIC service provider” means any public or private nonprofit agency contracting with the department to
provide services under the California Special Supplemental Nutrition Program for Women, Infants, and Children as provided for in Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Health care plan” means a health care service plan as defined in subdivision (f) of Section 1345, a government-funded program the purpose of which is paying the costs of health care, or an insurer as described in Sections 10123.5 and 10123.55 of the Insurance Code, regardless of whether the plan directly provides immunizations to patients or clients.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“County human services agency” means a county welfare agency administering the California Work Opportunity and Responsibility to Kids (CalWORKs) program pursuant to Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Foster care agency” means any of the county and state social services agencies providing foster care services in California.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Tuberculosis screening” means an approved intradermal tuberculin test or any other test for tuberculosis infection that is recommended by the federal Centers for Disease Control and Prevention and licensed by the federal Food and Drug Administration.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Local health officers may operate immunization information systems, pursuant to their authority under Section 120175, in conjunction with the Immunization Branch of the State Department of Public Health. Local health officers and the State Department of Public Health may operate these systems in either or both of the following manners:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Separately
within their individual jurisdictions.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Jointly among more than one jurisdiction.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision does not preclude local health officers from sharing the information set forth in paragraphs (1) to (13), inclusive, of subdivision (c) with other health officers jointly operating the system.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding Sections 49075 and 49076 of the Education Code, Chapter 5 (commencing with Section 10850) of Part 2 of Division 9 of the Welfare and Institutions Code, or any other law, unless a refusal to permit recordsharing is made pursuant to subdivision (e), health care providers, and other agencies, including, but not limited to, schools, childcare facilities, service providers for the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), health care plans, foster care agencies,
and county human services agencies, shall disclose the information set forth in paragraphs (1) to (13), inclusive, from the patient’s medical record, or the client’s record, to local health departments operating countywide or regional immunization information and reminder systems and the State Department of Public Health. With respect to the information set forth in paragraph (13), a health care provider is only required to disclose information that is voluntarily provided by the patient or client. A health care provider shall not disclose any information set forth in paragraph (13) relating to any patient or client who is under 18 years of age. Local health departments and the State Department of Public Health may disclose the information set forth in paragraphs (1) to (13), inclusive, to each other and, upon a request for information pertaining to a specific person, to health care providers taking care of the patient and to the Medical Board of California and the Osteopathic Medical Board of California.
Local health departments and the State Department of Public Health may disclose the information in paragraphs (1) to (7), inclusive, and paragraphs (9) to (12), inclusive, to schools, childcare facilities, county human services agencies, and family childcare homes to which the person is being admitted or in attendance, foster care agencies in assessing and providing medical care for children in foster care, and WIC service providers providing services to the person, health care plans arranging for immunization services for the patient, and county human services agencies assessing immunization histories of dependents of CalWORKs participants, upon request for information pertaining to a specific person. Determination of benefits based upon immunization of a dependent CalWORKs participant shall be made pursuant to Section 11265.8 of the Welfare and Institutions Code. The following information shall be subject to this subdivision:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The name of
the patient or client and names of the parents or guardians of the patient or client.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Date of birth of the patient or client.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Types and dates of immunizations received by the patient or client.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Manufacturer and lot number for each immunization received.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Adverse reaction to immunizations received.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Other nonmedical information necessary to establish the patient’s or client’s unique identity and record.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Results of tuberculosis screening.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Current address and telephone number of the patient or client and the parents or guardians of the
patient or client.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Patient’s or client’s gender.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Patient’s or client’s place of birth.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Patient’s or client’s race and ethnicity.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Patient’s or client’s information needed to comply with Chapter 1 (commencing with Section 120325) but excluding Section 120380.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
An adult patient’s or client’s sexual orientation, gender identity, and variations in sex characteristics/intersex status (SOGISC) and sex assigned at birth.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Health care providers, local health departments, and the State Department of Public Health shall maintain the confidentiality of information listed in subdivision
(c) in the same manner as other medical record information with patient identification that they possess. These providers, departments, and contracting agencies are subject to civil action and criminal penalties for the wrongful disclosure of the information listed in subdivision (c) in accordance with existing law. They shall use the information listed in subdivision (c) only for the following purposes:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
To provide immunization services to the patient or client, including issuing reminder notifications to patients or clients or their parents or guardians when immunizations are due.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
To provide or facilitate provision of third-party payer payments for immunizations.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
To compile and disseminate statistical information of immunization status on groups of patients or clients or populations in California without
identifying information for these patients or clients included in these groups or populations.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
In the case of health care providers only, as authorized by Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Schools, childcare facilities, family childcare homes, WIC service providers, foster care agencies, county human services agencies, and health care plans shall maintain the confidentiality of information listed in subdivision (c) in the same manner as other client, patient, and pupil information that they possess. These institutions and providers are subject to civil action and criminal penalties for the wrongful disclosure of the information listed in subdivision (c) in accordance with existing law. They shall use the information listed in subdivision (c) only for those purposes provided in subparagraphs (A) to (D), inclusive, of paragraph (1) and as
follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
In the case of schools, childcare facilities, family childcare homes, and county human services agencies, to carry out their responsibilities regarding required immunization for attendance or participation benefits, or both, as described in Chapter 1 (commencing with Section 120325) and in Section 11265.8 of the Welfare and Institutions Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In the case of WIC service providers, to perform immunization status assessments of clients and to refer those clients found to be due or overdue for immunizations to health care providers.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
In the case of health care plans, to facilitate payments to health care providers, to assess the immunization status of their clients, and to tabulate statistical information on the immunization status of groups of patients, without including patient-identifying
information in these tabulations.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
In the case of foster care agencies, to perform immunization status assessments of foster children and to assist those foster children found to be due or overdue for immunization in obtaining immunizations from health care providers.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
In the case of schools, childcare facilities, family childcare homes, and county human services agencies, for the COVID-19 public health emergency, to perform immunization status assessments of pupils, adults, and clients to ensure health and safety.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
In the case of schools, this subparagraph only applies if the school’s governing board or body has adopted a policy mandating COVID-19 immunization for school attendance and the school limits the use of the data to verifying immunization status for this purpose.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A patient or a patient’s parent or guardian may refuse to permit recordsharing. The health care provider administering immunization and any other agency possessing any patient or client information listed in subdivision (c), if planning to provide patient or client information to an immunization system, as described in subdivision (b), shall inform the patient or client, or the parent or guardian of the patient or client, of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The information listed in subdivision (c) shall be shared with local health departments and the State Department of Public Health, except as prohibited by this section or other applicable law. The health care provider or other agency shall provide the name and address of the State Department of Public Health or of the immunization registry with which the provider or other agency will share the information.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any of the information shared with local health departments and the State Department of Public Health shall be treated as confidential medical information and shall be used only to share with each other and, upon request, with health care providers, schools, childcare facilities, family childcare homes, WIC service providers, county human services agencies, foster care agencies, and health care plans. These providers, agencies, and institutions shall, in turn, treat the shared information as confidential and shall use it only as described in subdivision (d).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The patient or client, or parent or guardian of the patient or client, has the right to examine any immunization-related information or tuberculosis screening results shared pursuant to this section and to correct any errors in it.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The patient or client,
or the parent or guardian of the patient or client, may refuse to allow this information to be shared pursuant to this section or to receive immunization reminder notifications at any time, or both. After refusal, the patient’s or client’s physician may maintain access to this information for the purposes of patient care or protecting the public health. After refusal, the local health department and the State Department of Public Health may maintain access to this information for the purpose of protecting the public health pursuant to Sections 100325, 120140, and 120175, as well as Sections 2500 to 2643.20, inclusive, of Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The health care provider administering the immunization or tuberculosis screening and any other agency possessing any patient or client information listed in subdivision (c) may inform the patient or client, or the parent or guardian of the patient or
client, by ordinary mail, of the information in paragraphs (1) to (4), inclusive, of subdivision (e). The mailing shall include a reasonable means for refusal, such as a return form or contact telephone number.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The information in paragraphs (1) to (4), inclusive, of subdivision (e) may also be presented to the parent or guardian of the patient or client during any hospitalization of the patient or client.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If the patient or client, or parent or guardian of the patient or client, refuses to allow the information to be shared, pursuant to paragraph (4) of subdivision (e), the health care provider or other agency may not share this information in the manner described in subdivision (c), except as provided in subparagraph (D) of paragraph (1) of subdivision (d).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Upon request of the
patient or client, or the parent or guardian of the patient or client, in writing or by other means acceptable to the recipient, a local health department or the State Department of Public Health that has received information about a person pursuant to subdivision (c) shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Provide the name and address of other persons or agencies with whom the recipient has shared the information.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Stop sharing the information in its possession after the date of the receipt of the request.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
After refusal, the patient’s or client’s physician may maintain access to this information for the purposes of patient care or protecting the public health. After refusal, the local health department and the State Department of Public Health may maintain access to this information for the purpose of protecting
the public health pursuant to Sections 100325, 120140, and 120175, as well as Sections 2500 to 2643.20, inclusive, of Title 17 of the California Code of Regulations.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Upon notification, in writing or by other means acceptable to the recipient, of an error in the information, a local health department or the State Department of Public Health that has information about a person pursuant to subdivision (c) shall correct the error. If the recipient is aware of a disagreement about whether an error exists, information to that effect may be included.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Any party authorized to make medical decisions for a patient or client, including, but not limited to, those authorized by Section 6922, 6926, or 6927 of, Part 1.5 (commencing with Section 6550), Chapter 2 (commencing with Section 6910) of Part 4, or Chapter 1 (commencing with Section 7000) of Part 6, of
Division 11 of, the Family Code, Section 1530.6 of the Health and Safety Code, or Sections 727 and 1755.3 of, and Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of, the Welfare and Institutions Code, may permit sharing of the patient’s or client’s record with any of the immunization information systems authorized by this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For a patient or client who is a dependent of a juvenile court, the court or a person or agency designated by the court may permit this recordsharing.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For a patient or client receiving foster care, a person or persons licensed to provide residential foster care, or having legal custody, may permit this recordsharing.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
For purposes of supporting immunization information systems, the State Department of Public Health shall assist the Immunization Branch
of the State Department of Public Health in both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Providing department records containing information about publicly funded immunizations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Supporting efforts for the reporting of publicly funded immunizations into immunization information systems by health care providers and health care plans.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
Subject to any other provisions of state and federal law or regulation that limit the disclosure of health information and protect the privacy and confidentiality of personal information, local health departments and the State Department of Public Health may share the information listed in paragraphs (1) to (12), inclusive, of subdivision (c) with a state, local health departments, health care providers, immunization information systems, or any representative of an entity designated by
federal or state law or regulation to receive this information. Information in paragraph (13) of subdivision (c) shall not be shared beyond the parties specified for sharing in subdivision (c). The State Department of Public Health may enter into written agreements to exchange confidential immunization information with other states for the purposes of patient care, protecting the public health, entrance into school, childcare and other institutions requiring immunization prior to entry, and the other purposes described in subdivision (d). The written agreement shall provide that the state that receives confidential immunization information must maintain its confidentiality and may only use it for purposes of patient care, protecting the public health, entrance into school, childcare and other institutions requiring immunization prior to entry, and the other purposes described in subdivision (d). Information shall not be shared pursuant to this subdivision if a patient or client, or parent or guardian of a
patient or client, refuses to allow the sharing of immunization information pursuant to subdivision (e).
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_E625FC51-1ECA-40CD-B762-88BE05AE4C10">
<ns0:Num>SEC. 130.</ns0:Num>
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Section 128454 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_202258CB-E178-4A0B-8681-F30C00F4D2D0">
<ns0:Num>128454.</ns0:Num>
<ns0:LawSectionVersion id="id_1E40CC55-F379-480B-889E-95AB178BC33E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
There is hereby created the Licensed Mental Health Service Provider Education Program within the Department of Health Care Access and Information.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this article, the following definitions shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Licensed mental health service provider” means a psychologist licensed by the Board of Psychology, registered psychological associate, postdoctoral psychology trainee employed in an exempt setting pursuant to Section 2910 of the Business and Professions Code or employed pursuant to a State Department of Health Care Services waiver pursuant to Section 5751.2 of the Welfare and Institutions Code, marriage and family therapist, associate marriage and family therapist, licensed
clinical social worker, associate clinical social worker, licensed professional clinical counselor, and associate professional clinical counselor.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Mental health professional shortage area” means an area designated as such by the Health Resources and Services Administration (HRSA) of the United States Department of Health and Human Services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Commencing January 1, 2005, any licensed mental health service provider, including a mental health service provider who is employed at a publicly funded mental health facility or a public or nonprofit private mental health facility that contracts with a county mental health entity or facility to provide mental health services, who provides direct patient care in a publicly funded facility or a mental health professional shortage area may apply for grants under the program to reimburse their educational loans related to a career as a
licensed mental health service provider.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall adopt all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A standard contractual agreement to be signed by the director and any licensed mental health service provider who is serving in a publicly funded facility or a mental health professional shortage area that would require the licensed mental health service provider who receives a grant under the program to work in the publicly funded facility or a mental health professional shortage area for at least one year.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The maximum allowable total grant amount per individual licensed mental health service provider.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The maximum allowable annual grant amount per individual licensed mental health service provider.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department shall develop the program, which shall comply with all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The total amount of grants under the program per individual licensed mental health service provider shall not exceed the amount of educational loans related to a career as a licensed mental health service provider incurred by that provider.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The program shall keep the fees from the different licensed providers separate to ensure that all grants are funded by those fees collected from the corresponding licensed provider groups.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A loan forgiveness grant may be provided in installments proportionate to the amount of the service obligation that has been completed.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The number of
persons who may be considered for the program shall be limited by the funds made available pursuant to Section 128458.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall become operative on July 1, 2018.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_269E9D14-5F2E-4FC1-A2A3-B4F35995DE86">
<ns0:Num>SEC. 131.</ns0:Num>
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Section 130065.1 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_27B67723-B8C1-44D7-BA14-D60EC9984CE3">
<ns0:Num>130065.1.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
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For purposes of this article, the following definitions shall apply:
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<html:p>
(1)
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“Critical access hospital” means a hospital designated by the State Department of Public Health as a critical access hospital, and certified as such by the Secretary of the United States Department of Health and Human Services under the federal Medicare Rural Hospital Flexibility Program.
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<html:p>
(2)
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“Distressed Hospital Loan Program recipient” is a hospital that received a loan pursuant to Chapter 4 (commencing with Section 129380) of Part 6. This may also include a future program recipient, should the Legislature appropriate additional state funding to the program and extend the date identified in Section 129387.
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<html:p>
(3)
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“Health care district hospital” is a hospital authorized pursuant to Division 23.
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<html:p>
(4)
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“Rural hospital” means a “rural general acute care hospital” as set forth in subdivision (a) of Section 1250 or a hospital located in a rural or frontier medical study service area, as defined by the California Healthcare Workforce Policy Commission.
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<html:p>
(5)
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“Small hospital” is a hospital with 50 beds or fewer.
</html:p>
<html:p>
(b)
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Notwithstanding the January 1, 2030, seismic compliance deadline outlined in Section 130065, a Distressed Hospital Loan Program recipient, a small hospital, a rural hospital, a critical access hospital, or a health care district hospital, except as otherwise provided in this section, may seek approval from the department for a delay to the compliance deadline
by up to three years with the submission and departmental approval of a seismic compliance plan, as described in subdivision (d), and, if necessary, a Nonstructural Performance Category-5 evaluation report.
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<html:p>
(c)
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(1)
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Hospitals that belong to integrated health care systems with two or more separately licensed hospital facilities shall be ineligible for a delay under this section, including a health care district hospital that has a contractual agreement with a health system that imposes upon the health system any financial responsibility for the health care district’s infrastructure costs for compliance with Section 130065, unless the entire integrated health care system is determined by the department to be in financial distress.
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<html:p>
(2)
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Paragraph (1) shall not apply to any of the following:
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<html:p>
(A)
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A
rural hospital with fewer than 80 general acute care beds and general acute care hospital revenue of seventy-five million dollars ($75,000,000) or less, as reported to the department pursuant to Section 128740 in 2020.
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<html:p>
(B)
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A hospital that is part of an integrated health care system that is operated by a health care district or a nonprofit corporation that is affiliated with the health care district hospital owner by means of the district’s status as the nonprofit corporation’s sole corporate member.
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<html:p>
(C)
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A health care district hospital that does not have a contractual, management, lease, or operating agreement with a health system that imposes upon the health system any financial responsibility for the health care district’s infrastructure cost for compliance with Section 130065.
</html:p>
<html:p>
(d)
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A Distressed Hospital Loan Program
recipient, a small hospital, a rural hospital, a critical access hospital, or a health care district hospital, except as otherwise specified, with a building that is not anticipated to be in full compliance with the seismic safety regulations or standards described in Section 130065 when this section becomes operative shall provide all of the following to the department:
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<html:p>
(1)
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A Nonstructural Performance Category-5 evaluation report in compliance with Article 11 of Chapter 6 of Title 24 of the California Administrative Code for each noncompliant building, if necessary, by no later than January 1, 2025.
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<html:p>
(2)
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The hospital’s seismic compliance plan in accordance with Section 1.4 of Article 1 of Chapter 6 of Title 24 of the California Administrative Code and related regulations, by no later than January 1, 2026. The seismic compliance plan shall outline steps, including milestones, to
achieve compliance with seismic safety standards at the earliest reasonable date, but by no later than January 1, 2033.
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<html:p>
(3)
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The subject hospital and the department shall identify at least two major milestones relating to the seismic compliance plan that will be used as the basis for determining whether the hospital is making adequate progress toward meeting the subject hospital’s seismic compliance deadline. The seismic compliance plan is subject to departmental review for reasonableness.
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<html:p>
(A)
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If the seismic compliance plan includes a compliance schedule that is delayed beyond the 2030 seismic compliance deadline described in Section 130065, the hospital shall submit any documentation requested by the department to assist the department in its review of the reasonableness of the compliance schedule.
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<html:p>
(B)
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The department
shall have 120 days to approve or deny the hospital’s seismic compliance plan and any delay to the seismic compliance deadline. If the department determines the compliance schedule is unreasonable based on the information submitted, the department shall notify the hospital and provide the department’s rationale for its determination. The hospital shall be given the opportunity to address the identified concerns or to provide additional information to substantiate the compliance schedule.
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<html:p>
(e)
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(1)
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The department shall have the discretion to additionally delay the amount of time by which a Distressed Hospital Loan Program recipient, a small hospital, a rural hospital, a critical access hospital, or a health care district hospital shall comply with Section 130065 by two years, up to a maximum of January 1, 2035. This delay may be authorized as necessary for hospitals that continue to experience financial distress or that need
to deal with contractor, labor, or material delays, acts of God, governmental entitlements, or other circumstances beyond the hospital’s control. If up to an additional two-year delay is granted, the hospital shall submit a revised construction schedule and associated milestones to the department.
</html:p>
<html:p>
(2)
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A Distressed Hospital Loan Program recipient, a small hospital, a rural hospital, a critical access hospital, or a health care district hospital, except as otherwise specified, that is granted a delay in compliance with the requirements of Section 130065 pursuant to this subdivision shall provide the department with any information that the department deems necessary, including, but not limited to, information to assess whether the hospital is in financial distress or continues to be in financial distress.
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<html:p>
(3)
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For eligible hospitals requesting an additional delay under this
subdivision due to financial distress, the department shall make a determination of financial distress using financial criteria, including, but not limited to, days cash on hand, current ratio, access to working capital, operating margin, cash burn rate, the financial impact of mandatory seismic compliance costs on the hospital or integrated health care system, and other methodologies developed pursuant to Chapter 4 (commencing with Section 129380) of Part 6.
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<html:p>
(4)
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If the department determines that an eligible hospital or integrated health care system is no longer in financial distress and is not likely to return to financial distress due to complying with seismic safety standards, the hospital or integrated health care system shall submit a revised seismic compliance plan to the department for review and approval one month after being informed of the department’s determination that the hospital or integrated health care system is no longer in
financial distress. Notwithstanding any delay of the January 1, 2030, seismic requirements granted to the hospital or integrated health care system pursuant to subdivision (b), the department may adjust compliance deadlines to reflect the fact that the hospital or integrated system is no longer in financial distress.
</html:p>
<html:p>
(f)
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Notwithstanding any other provisions in this chapter, a hospital seeking a delay under this section shall comply with requirements for a seismic compliance plan in accordance with Section 1.4 of Article 1 of Chapter 6 of Title 24 of the California Administrative Code and related regulations.
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<html:p>
(g)
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All hospitals determined eligible to delay compliance with Section 130065 pursuant to this section shall comply with Section 130065 no later than January 1, 2035. Failure to comply with the revised construction schedule or meet any major milestones established by the
department and the hospital shall result in the assessment of a fine of five thousand dollars ($5,000) per calendar day until the requirements or milestones, respectively, are met.
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<html:p>
(h)
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The department shall provide support to a Distressed Hospital Loan Program recipient, a small hospital, a rural hospital, a critical access hospital, or a health care district hospital requesting a delay under this section to explore the opportunities under the Small and Rural Hospital Relief Program to assist with seismic compliance.
</html:p>
<html:p>
(i)
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Hospitals that fail to meet any milestone or seismic compliance deadline approved in its compliance plan shall not be issued a building permit for any building in the facility except those required for seismic compliance, maintenance, and emergency repairs until the milestone is met and the hospital is adequately progressing toward meeting the subject hospital’s
seismic compliance, as determined by the department.
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<html:p>
(j)
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This section shall not extend any deadlines for Structural Performance Category-1 buildings to achieve structural integrity to no longer pose a potential risk of collapse or a significant risk of loss of life.
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<html:p>
(k)
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Notwithstanding any other law, any information used by the department to determine a hospital’s financial status for purposes of this section is confidential and shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
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<html:p>
(l)
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The department shall adopt regulations and standards, or revise existing regulations and standards, or both, to implement the provisions of this section. Regulatory submissions made by the department to the California Building
Standards Commission pursuant to this section shall be deemed to be emergency regulations and shall be adopted as such. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare.
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<ns0:BillSection id="id_701677B9-40FA-43BA-8DAD-AD4874D1204F">
<ns0:Num>SEC. 132.</ns0:Num>
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Section 10509.9205 of the
<ns0:DocName>Insurance Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_186B0C32-347D-4D83-95C9-C5F9A8E7B6EA">
<ns0:Num>10509.9205.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A producer shall not solicit the sale of an annuity product unless the producer has adequate knowledge of the product to recommend the annuity and the producer is in compliance with the insurer’s standards for product training. A producer may rely on insurer-provided product-specific training standards and materials to comply with this subdivision.
</html:p>
<html:p>
(b)
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(1)
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A producer who is otherwise entitled to engage in the sale of annuity products shall complete a one-time eight-credit-hour annuity training course approved by the commissioner and provided by a commissioner-approved education provider, prior to commencing the transaction of annuities, pursuant to subdivision (a) of Section 1749.8.
</html:p>
<html:p>
(2)
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In addition to the requirement set forth in paragraph (1), every producer who engages in this state in the sale of annuity products shall satisfactorily complete four continuing education credits prior to license renewal every two years, pursuant to subdivision (b) of Section 1749.8.
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<html:p>
(3)
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Producers who hold a life insurance line of authority prior to January 1, 2025, and who desire to sell annuities shall complete the requirements of this subdivision by July 1, 2025. Individuals who obtain a life insurance line of authority on or after January 1, 2025, shall not engage in the sale of annuities until the annuity training course required under this subdivision has been completed.
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<html:p>
(4)
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The training required under this subdivision shall include information on all of the following topics:
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<html:p>
(A)
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The types of
annuities and various classifications of annuities.
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<html:p>
(B)
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Identification of the parties to an annuity.
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(C)
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How fixed, variable, and indexed annuity contract provisions affect consumers.
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<html:p>
(D)
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The application of income taxation of qualified and nonqualified annuities.
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<html:p>
(E)
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The primary uses of annuities.
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<html:p>
(F)
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Prohibited sales practices, the recognition of indicators that a prospective insured may lack the short-term memory or judgment to knowingly purchase an insurance product, and fraudulent and unfair trade practices, as well as replacement and disclosure requirements for sales of annuities, all as provided under California law, including, but not limited to, this article.
</html:p>
<html:p>
(c)
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Providers of courses intended to comply with this section shall cover all topics listed for annuities in the prescribed outline and shall not present any marketing information or provide training on sales techniques or provide specific information about a particular insurer’s products. Additional topics may be offered in conjunction with and in addition to the required outline.
</html:p>
<html:p>
(d)
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A provider of an annuity training course intended to comply with this section shall register as a CE provider in this state and comply with the rules and guidelines applicable to producer continuing education courses as set forth in Section 1749.8 and subdivisions (d) and (e) of Section 1749.1, and in Sections 2188, 2188.1, 2188.2, 2188.3, 2188.4, 2188.50, 2188.6, 2188.7, 2188.8, and 2188.9 of Title 10 of the California Code of Regulations.
</html:p>
<html:p>
(e)
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Annuity training courses may be conducted and completed by classroom or self-study methods in accordance with Sections 2188.2 and 2188.3 of Title 10 of the California Code of Regulations.
</html:p>
<html:p>
(f)
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Providers of annuity training shall comply with the reporting requirements and shall issue certificates of completion in accordance with Section 2188.8 of Title 10 of the California Code of Regulations.
</html:p>
<html:p>
(g)
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An insurer shall verify that a producer has completed the annuity training required under this section before allowing the producer to sell an annuity for that insurer. An insurer may satisfy its responsibility under this paragraph by obtaining certificates of completion of the training course or obtaining reports provided by commissioner-sponsored database systems or vendors or from a reasonably reliable commercial database vendor that has a reporting arrangement with
approved insurance education providers.
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<ns0:BillSection id="id_23E72255-5A28-4D7E-9B9E-3ABD7E9D2545">
<ns0:Num>SEC. 133.</ns0:Num>
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Section 226.8 of the
<ns0:DocName>Labor Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_17CE8DBC-DB1D-4F07-AEEC-4193990E444C">
<ns0:Num>226.8.</ns0:Num>
<ns0:LawSectionVersion id="id_AE7FF348-FF5D-402D-81C4-06351C062661">
<ns0:Content>
<html:p>
(a)
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It is unlawful for any person or employer to engage in any of the following activities:
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<html:p>
(1)
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Willful misclassification of an individual as an independent contractor.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Charging an individual who has been willfully misclassified as an independent contractor a fee, or making any deductions from compensation, for any purpose, including for goods, materials, space rental, services, government licenses, repairs, equipment maintenance, or fines arising from the individual’s employment where any of the acts described in this paragraph would have violated the law if the individual had not been misclassified.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the Labor and Workforce
Development Agency or a court issues a determination that a person or employer has engaged in any of the enumerated violations of subdivision (a), the person or employer shall be subject to a civil penalty of not less than five thousand dollars ($5,000) and not more than fifteen thousand dollars ($15,000) for each violation, in addition to any other penalties or fines permitted by law.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the Labor and Workforce Development Agency or a court issues a determination that a person or employer has engaged in any of the enumerated violations of subdivision (a) and the person or employer has engaged in or is engaging in a pattern or practice of these violations, the person or employer shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than twenty-five thousand dollars ($25,000) for each violation, in addition to any other penalties or fines permitted by law.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the Labor and Workforce Development Agency or a court issues a determination that a person or employer that is a licensed contractor pursuant to the Contractors State License Law has violated subdivision (a), the agency, in addition to any other remedy that has been ordered, shall transmit a certified copy of the order to the Contractors State License Board.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The registrar of the Contractors State License Board shall initiate disciplinary action against a licensee within 30 days of receiving a certified copy of an agency or court order that resulted in disbarment pursuant to paragraph (1).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If the Labor and Workforce Development Agency or a court issues a determination that a person or employer has violated subdivision (a), the agency or court, in addition to any other remedy that has
been ordered, shall order the person or employer to display prominently on its internet website, in an area which is accessible to all employees and the general public, or, if the person or employer does not have an internet website, to display prominently in an area that is accessible to all employees and the general public at each location where a violation of subdivision (a) occurred, a notice that sets forth all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
That the Labor and Workforce Development Agency or a court, as applicable, has found that the person or employer has committed a serious violation of the law by engaging in the willful misclassification of employees.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
That the person or employer has changed its business practices in order to avoid committing further violations of this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
That any employee who believes
that they are being misclassified as an independent contractor may contact the Labor and Workforce Development Agency. The notice shall include the mailing address, email address, and telephone number of the agency.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
That the notice is being posted pursuant to a state order.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
In addition to including the information specified in subdivision (e), a person or employer also shall satisfy the following requirements in preparing the notice:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An officer shall sign the notice.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
It shall post the notice for one year commencing with the date of the final decision and order.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In accordance with the procedures set forth in Sections 98, 98.1, 98.2, 98.3, 98.7,
98.74, or 1197.1, the Labor Commissioner may enforce this section and issue a determination that a person or employer has violated subdivision (a). This enforcement of this section may include investigating an alleged violation of subdivision (a), ordering appropriate temporary relief to mitigate the violation or to maintain the status quo pending the completion of an investigation or hearing, issuance of a citation against an employer who violates subdivision (a), and 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. A public prosecutor, as defined in subdivision (a) of Section 181, may also enforce this section by seeking the damages described in paragraph (2).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In any enforcement pursuant to this subdivision, for each employee subject
to Sections 98 to 98.2, inclusive, the Labor Commissioner under Section 98.3, 98.7, 98.74, or 1197.1, or a public prosecutor, as defined in subdivision (a) of Section 181, may alternatively recover the penalties set forth in subdivisions (b) and (c) as damages payable to the employee. An employee is entitled to either recover the damages as provided for in this section or to enforce a civil penalty, as set forth in subdivision (a) of Section 2699, but not both, for the same violation. Except as specified in this section, the remedy provided by this section is cumulative and does not limit the availability of any other remedy available to the employee.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Any administrative or civil penalty, damages, or disciplinary action pursuant to this section shall remain in effect against any successor corporation, owner, or business entity that satisfies both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Has one
or more of the same principals or officers as the person or employer subject to the penalty or action.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Is engaged in the same or a similar business as the person or employer subject to the penalty or action.
</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"/>
“Determination” means an order, decision, award, or citation issued by an agency or a court of competent jurisdiction for which the time to appeal has expired and for which no appeal is pending.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Labor and Workforce Development Agency” means the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, or agencies.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Officer” means the chief executive officer,
president, any vice president in charge of a principal business unit, division, or function, or any other officer of the corporation who performs a policymaking function. If the employer is a partnership, “officer” means a partner. If the employer is a sole proprietor, “officer” means the owner.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Willful misclassification” means avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Nothing in this section is intended to limit any rights or remedies otherwise available at law.
</html:p>
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<ns0:BillSection id="id_3D39087C-C48E-4840-BFE3-7363785BECEE">
<ns0:Num>SEC. 134.</ns0:Num>
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Section 2699 of the
<ns0:DocName>Labor Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_9A3CB7E9-4232-4CF8-8949-F635541F2293">
<ns0:Num>2699.</ns0:Num>
<ns0:LawSectionVersion id="id_C546EA71-062B-4FDD-A840-F44E4924D882">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other provision of law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of this code, may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of the employee and other current or former employees against whom a violation of the same provision was committed pursuant to the procedures specified in Section 2699.3.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this part, “person” has the same meaning as defined in Section 18.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this
part, “aggrieved employee” means any person who was employed by the alleged violator and personally suffered each of the violations alleged during the period prescribed under Section 340 of the Code of Civil Procedure, except that for purposes of actions brought pursuant to paragraph (2), “aggrieved employee” means any person who was employed by the alleged violator against whom one or more of the alleged violations was committed within the period prescribed under Section 340 of the Code of Civil Procedure.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), a nonprofit legal aid organization that has obtained Section 501(c)(3) tax-exempt status, is a qualified legal services project or qualified support center, as defined in Section 6213 of the Business and Professions Code, and has served as counsel of record in civil actions under this part for at least five years prior to January 1, 2025, may file a civil action pursuant to this part as counsel of record
for an aggrieved employee on behalf of the employee and one or more current or former employees against whom one or more of the alleged violations was committed. Nothing in this provision establishes standing for the nonprofit legal aid organization as a party in the civil action.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of subdivisions (c) and (f) of Section 2699.3, and except for violations of subdivision (a) of Section 226, “cure” means that the employer corrects the violation alleged by the aggrieved employee, is in compliance with the underlying statutes specified in the notice required by this part, and each aggrieved employee is made whole. An employee who is owed wages is made whole when the employee has received an amount sufficient to recover any owed unpaid wages due under the underlying statutes specified in the notice dating back three years from the date of the notice, plus 7 percent interest, any liquidated damages as required
by statute, and reasonable lodestar attorney’s fees and costs to be determined by the agency or the court. In case of a dispute over the amount of unpaid wages due, nothing in this part prohibits an employer from curing the alleged violations by paying amounts sufficient to cover any unpaid wages that the agency or court determine could reasonably be owed to the aggrieved employees based on the violations alleged in the notice.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A violation of paragraph (8) of subdivision (a) of Section 226 shall be considered cured only upon a showing that the employer has provided written notice of the correct information to each aggrieved employee. Such notice may be provided in summary form but shall identify correct information for each pay period in which a violation occurred.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A violation of paragraphs (1) to (7), inclusive, and (9) of subdivision (a) of
Section 226 shall be considered cured only upon a showing that the employer has provided, at no cost to the employee, a fully compliant, itemized wage statement or, if such information is customarily provided in digital form, reasonable access to a digital or computer-generated record or records maintained in the ordinary course of business containing the same information required on a fully compliant, itemized wage statement, to each aggrieved employee for each pay period during which the violation occurred during the three years prior to the date of the notice. Nothing in this subdivision will impact any right the employee has to request copies of employment records pursuant to Sections 226, 432, and 1198.5.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this part, whenever the Labor and Workforce Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, has discretion to assess a civil penalty or
seek injunctive relief, a court is authorized to exercise the same discretion, subject to the same limitations and conditions, to assess a civil penalty and award injunctive relief.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In any action by an aggrieved employee seeking recovery of a civil penalty available under subdivision (a) or (f), a court may award a lesser amount than the maximum civil penalty amount specified by this part, including the penalty amounts in subdivisions (g) and (h), or may, notwithstanding the limitations set forth in subdivisions (g) and (h) exceed the limitations set forth in those subdivisions, if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For all provisions of this code except those for which a civil penalty is specifically provided, there is established a civil penalty
for a violation of these provisions, as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If, at the time of the alleged violation, the person does not employ one or more employees, the civil penalty is five hundred dollars ($500).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
One hundred dollars ($100) for each aggrieved employee per pay period, except that:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
If, at the time of the alleged violation, the person employs one or more employees, and the alleged violation is a violation of paragraphs (1) to (7), inclusive, or paragraph (9) of subdivision (a) of Section 226, the only civil penalty applicable under this part is twenty-five dollars ($25) for each aggrieved employee per pay period if the employee
could promptly and easily determine from the wage statement alone the accurate information specified by subdivision (a) of Section 226. If the alleged violation is a violation of paragraph (8) of subdivision (a) of Section 226, the civil penalty applicable under this part for the violation is twenty-five dollars ($25) for each aggrieved employee per pay period if the employee would not be confused or misled about the correct identity of their employer or, if their employer is a farm labor contractor, the legal entity that secured the services of that employer. This subdivision does not apply if the employer has failed to provide an itemized payroll statement during any of the pay periods at issue.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The civil penalty is fifty dollars ($50) for each aggrieved employee per pay period if the alleged violation resulted from an isolated, nonrecurring event that did not extend beyond the lesser of 30 consecutive days or four consecutive pay
periods.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The civil penalty is two hundred dollars ($200) for each aggrieved employee per pay period if either of the following are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Within the five years preceding the alleged violation, the agency or any court issued a finding or determination to the employer that its policy or practice giving rise to the violation was unlawful.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The court determines that the employer’s conduct giving rise to the violation was malicious, fraudulent, or oppressive.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the alleged violation is a failure to act by the Labor and Workforce Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, there shall be no civil penalty.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In any civil action under this part for an alleged violation of this code, if, prior to receiving the notice of violation required by Section 2699.3, or prior to receiving a request for records pursuant to Section 226, 432, or 1198.5 from the aggrieved employee or the employee’s counsel, the person alleged to have committed the noticed violation has taken all reasonable steps to be in compliance with all provisions identified in the notice, the civil penalty that may be recovered in a civil action pursuant to this part shall not be more than 15 percent of the penalty sought under subdivision (a) or (f).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of paragraph (1), “all reasonable steps” may include, but are not limited to, any of the following: conducted periodic payroll audits and took action in response to the results of the audit, disseminated lawful written policies, trained supervisors on applicable Labor Code and wage order compliance, or took
appropriate corrective action with regard to supervisors. Whether the employer’s conduct was reasonable shall be evaluated by the totality of the circumstances and take into consideration the size and resources available to the employer, and the nature, severity, and duration of the alleged violations. The existence of a violation, despite the steps taken, is insufficient to establish that an employer failed to take all reasonable steps.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Paragraph (1) does not apply if the civil penalty recovered is recovered pursuant to subparagraph (B) of paragraph (2) of subdivision (f).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In any civil action under this part for an alleged violation of this code, if within 60 days after receiving the notice of violation required by Section 2699.3, the person alleged to have committed the noticed violation has taken all reasonable steps to prospectively be in
compliance with all provisions identified in the notice, the civil penalty that may be recovered in a civil action under this part shall not be more than 30 percent of the penalty sought under subdivision (a) or (f).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of paragraph (1), “all reasonable steps” may include, but are not limited to, taking an action to initiate any of the following: conduct an audit of the alleged violations and take action in response to the results of the audit, disseminate lawful written policies as to the alleged violations, train supervisors on applicable Labor Code and wage order compliance, or take appropriate corrective action with regard to supervisors. Whether the employer’s conduct was reasonable shall be evaluated by the totality of the circumstances and take into consideration the size and resources available to the employer, and the nature, severity and duration of the alleged violations. The existence of a violation, despite the steps
taken, is insufficient to establish that an employer failed to take all reasonable steps.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Paragraph (1) does not apply if the civil penalty recovered is recovered pursuant to subparagraph (B) of paragraph (2) of subdivision (f).
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
An aggrieved employee shall not collect a civil penalty for any violation of Sections 201, 202, 203, of the Labor Code, or for a violation of Section 204 that is not willful or intentional, or a violation of Section 226 that is not knowing or intentional or a failure to provide a wage statement, that is in addition to the civil penalty collected by that aggrieved employee for the underlying unpaid wage violation. Nothing in this part or in paragraph (2) of subdivision (e) shall prevent a court, in awarding a civil penalty, from reducing the penalty for any alleged violation if the same conduct or omission resulted in multiple violations of this
code.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
An employer who satisfies subdivision (g) or (h) and cures a violation shall not be required to pay a civil penalty for that violation. An employer who cures a violation of subdivision (a) of Section 226 as set forth above shall not be required to pay a civil penalty for that violation. Any other employer shall pay a civil penalty of no more than fifteen dollars ($15) per employee per pay period for the statute of limitations set forth in Section 340 of the Code of Civil Procedure for any violations that the employer cures.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), an aggrieved employee may recover the civil penalty described in subdivision (f) and may be awarded injunctive relief in a civil action pursuant to the procedures specified in Section 2699.3 filed on behalf of the employee and other current or former employees against whom a violation
of the same provision was committed. Any employee who prevails in any action shall be entitled to an award of reasonable attorney’s fees and costs, including any filing fee paid pursuant to subparagraph (B) of paragraph (1) of subdivision (a) or subparagraph (B) of paragraph (1) of subdivision (c) of Section 2699.3. Nothing in this part shall operate to limit an employee’s right to pursue or recover other remedies available under state or federal law, either separately or concurrently with an action taken under this part.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
No action shall be brought under this part for any violation of a posting, notice, agency reporting, or filing requirement of this code, except if the filing or reporting requirement involves mandatory payroll or workplace injury reporting.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
No action may be brought under this section by an aggrieved employee if the agency or any of its departments,
divisions, commissions, boards, agencies, or employees, on the same facts and theories, cites a person within the timeframes set forth in Section 2699.3 for a violation of the same section or sections of the Labor Code under which the aggrieved employee is attempting to recover a civil penalty on behalf of the employee or others or initiates a proceeding pursuant to Section 98.3.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Except as provided in subdivision (n), civil penalties recovered by aggrieved employees shall be distributed as follows: 65 percent to the Labor and Workforce Development Agency for enforcement of labor laws, including the administration of this part, and for education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes; and 35 percent to the aggrieved employees.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
Civil penalties recovered under paragraph (1) of subdivision (f) shall be distributed to the Labor and Workforce Development Agency for enforcement of labor laws, including the administration of this part, and for education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
For purposes of this section, the penalty recovered pursuant to this part shall be reduced by one-half if the employees’ regular pay period is weekly rather than biweekly or semimonthly.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
The superior court may limit the evidence to be presented at trial or otherwise limit the scope of any claim filed pursuant to this part to ensure that the claim can be effectively tried.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
Nothing
in this part shall prevent a court from consolidating or coordinating civil actions filed pursuant to this part alleging legally or factually overlapping violations against the same employer.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
Nothing contained in this part is intended to alter or otherwise affect the exclusive remedy provided by the workers’ compensation provisions of this code for liability against an employer for the compensation for any injury to or death of an employee arising out of and in the course of employment.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For cases filed on or after July 1, 2016, the aggrieved employee or representative shall, within 10 days following commencement of a civil action pursuant to this part, provide the Labor and Workforce Development Agency with a file-stamped copy of the complaint that includes the case number assigned by the court.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The superior court shall review and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A copy of the superior court’s judgment in any civil action filed pursuant to this part and any other order in that action that either provides for or denies an award of civil penalties under this code shall be submitted to the agency within 10 days after entry of the judgment or order.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Items required to be submitted to the Labor and Workforce Development Agency under this subdivision or to the Division of Occupational Safety and Health pursuant to paragraph (4) of subdivision (b) of Section 2699.3, shall be transmitted online through the same system established for the filing of notices and requests under subdivisions (a) and (c) of Section
2699.3.
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
This section shall not apply to the recovery of administrative and civil penalties in connection with the workers’ compensation law as contained in Division 1 (commencing with Section 50) and Division 4 (commencing with Section 3200), including, but not limited to, Sections 129.5 and 132a.
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
The agency or any of its departments, divisions, commissions, boards, or agencies may promulgate regulations to implement the provisions of this part.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), the amendments made to this section by the act adding this subdivision shall apply to a civil action brought on or after June 19, 2024.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The amendments made to this section by the act adding this subdivision shall not apply to a civil
action with respect to which the notice required by subparagraph (A) of paragraph (1) of subdivision (a), paragraph (1) of subdivision (b), or subparagraph (A) of paragraph (1) of subdivision (c) of Section 2699.3 was filed before June 19, 2024.
</html:p>
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Section 2699.3 of the
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<ns0:Num>2699.3.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision listed in Section 2699.5 shall commence only after the following requirements have been met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The aggrieved employee or representative shall give written notice by online filing with the Labor and Workforce Development Agency and by certified mail to the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A notice filed with the Labor and Workforce Development Agency pursuant to subparagraph (A) and any employer response to that notice shall be
accompanied by a filing fee of seventy-five dollars ($75). The fees required by this subparagraph are subject to waiver in accordance with the requirements of Sections 68632 and 68633 of the Government Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The fees paid pursuant to subparagraph (B) shall be paid into the Labor and Workforce Development Fund and used for the purposes specified in subdivision (n) of Section 2699.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 60 calendar days of the postmark date of the notice received pursuant to paragraph (1). Upon receipt of that notice or if no notice is provided within 65 calendar days of the postmark date of the notice given pursuant to paragraph (1), the aggrieved employee may commence a civil action pursuant to Section
2699.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its decision within 65 calendar days of the postmark date of the notice received pursuant to paragraph (1). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee of that decision within five business days thereof by certified mail. Upon receipt of that notice or if no citation is issued by the agency within the time limits prescribed by subparagraph (A) and this subparagraph or if the agency fails to provide timely or any notification, the aggrieved employee may commence a civil action pursuant to Section 2699.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Notwithstanding any
other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall commence only after the following requirements have been met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The aggrieved employee or representative shall give notice by online filing with the Division of Occupational Safety and Health and by certified mail to the employer, with a copy to the Labor and Workforce Development Agency, of the specific provisions of Division 5 (commencing with Section 6300) alleged to have been violated, including the facts and theories to support the alleged
violation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The division shall inspect or investigate the alleged violation pursuant to the procedures specified in Division 5 (commencing with Section 6300).
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
If the division issues a citation, the employee may not commence an action pursuant to Section 2699. The division shall notify the aggrieved employee and employer in writing within 14 calendar days of certifying that the employer has corrected the violation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If by the end of the period for inspection or investigation provided for in Section 6317, the division fails to issue a citation and the aggrieved employee disputes that decision, the employee may challenge that decision in the superior court. In such an action, the superior court shall follow precedents of the Occupational Safety and Health Appeals Board. If the court
finds that the division should have issued a citation and orders the division to issue a citation, then the aggrieved employee may not commence a civil action pursuant to Section 2699.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A complaint in superior court alleging a violation of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall include therewith a copy of the notice of violation provided to the division and employer pursuant to paragraph (1).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The superior court shall not dismiss the action for nonmaterial differences in facts or theories between those contained in the notice of violation provided to the division and employer pursuant to paragraph (1) and the complaint filed with the court.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the division fails to inspect or investigate the alleged violation as provided by Section 6309, the provisions
of subdivision (c) shall apply to the determination of the alleged violation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Nothing in this subdivision shall be construed to alter the authority of the division to permit long-term abatement periods or to enter into memoranda of understanding or joint agreements with employers in the case of long-term abatement issues.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Nothing in this subdivision shall be construed to authorize an employee to file a notice or to commence a civil action pursuant to Section 2699 during the period that an employer has voluntarily entered into consultation with the division to ameliorate a condition in that particular worksite.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An employer who has been provided notice pursuant to this section may not then enter into consultation with the division in order to avoid an action under this section.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The superior court shall review and approve any proposed settlement of alleged violations of the provisions of Division 5 (commencing with Section 6300) to ensure that the settlement provisions are at least as effective as the protections or remedies provided by state and federal law or regulation for the alleged violation. The provisions of the settlement relating to health and safety laws shall be submitted to the division at the same time that they are submitted to the court. This requirement shall be construed to authorize and permit the division to comment on those settlement provisions, and the court shall grant the division’s commentary the appropriate weight.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision other than those listed in Section 2699.5 or Division 5 (commencing with Section
6300) shall commence only after the following requirements have been met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The aggrieved employee or representative shall give written notice by online filing with the Labor and Workforce Development Agency and by certified mail to the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A notice filed with the Labor and Workforce Development Agency pursuant to subparagraph (A) and any employer response to that notice shall be accompanied by a filing fee of seventy-five dollars ($75). The fees required by this subparagraph are subject to waiver in accordance with the requirements of Sections 68632 and 68633 of the Government Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The fees paid pursuant to subparagraph (B) shall be paid
into the Labor and Workforce Development Fund and used for the purposes specified in subdivision (n) of Section 2699.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If the employer is not eligible for the processes in paragraphs (2) or (3) or chooses not to utilize those processes, the agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 60 calendar days of the postmark date of the notice received pursuant to subparagraph (A). Upon receipt of that notice or if no notice is provided within 65 calendar days of the postmark date of the notice given pursuant to subparagraph (A), the aggrieved employee may commence a civil action pursuant to Section 2699.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its
decision within 65 calendar days of the postmark date of the notice received pursuant to subparagraph (A). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee of that decision within five business days thereof by certified mail. Upon receipt of that notice or if no citation is issued by the agency within the time limits prescribed by subparagraph (D) and this subparagraph or if the agency fails to provide timely or any notification, the aggrieved employee may commence a civil action pursuant to Section 2699.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Within 33 days of receipt of the notice sent by the aggrieved employee or representative, an employer that employed fewer than 100 employees in total during the period covered by the notice may submit to the agency a
confidential proposal to cure one or more of the alleged violations. The employer shall specify which of the alleged violations it proposes to cure.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the cure is facially sufficient or if a conference is necessary to determine if a sufficient cure is possible, then within 14 days after receipt of the employer’s proposal, the agency may set a conference with the parties, to be conducted no more than 30 days thereafter, to determine whether the proposed cure is sufficient, what additional information may be necessary to evaluate the sufficiency of the cure, and the deadline agreed upon by the parties for the employer to complete the cure. If the cure includes the payment of unpaid wages, the agency shall also determine at the conference whether to request the employer pay the proposed cure amount, including any wages and liquidated damages due and 7 percent interest, into escrow or shall provide such other form of security as the agency
deems suitable. Any such conference may be electronic, telephonic, or in person. If the agency determines that the cure is not facially sufficient or does not act upon the employer’s cure proposal, the employee may proceed with a civil action under this part after 65 calendar days from sending the notice required by this subdivision, unless this time is extended by the agency, provided that such time shall not be extended to more than 120 calendar days after notice is sent. However, the employer shall be entitled to file a request for a stay and early evaluation conference as set forth in subdivision (f).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
On or before the agreed upon deadline to cure, but no more than 45 days after the conference, the employer shall complete the cure and provide a sworn notification to the employee and agency that the cure is completed, accompanied by a payroll audit and check register if the violation involves a payment obligation. This notification shall
also include any information the parties deemed necessary to determine the sufficiency of the cure. The agency shall verify whether the cure is complete within 20 days of receiving the employer’s notification. If the agency review procedure under this section extends beyond the 65-day period set forth in this section, the statute of limitation on the alleged violations shall remain tolled until that procedure has been completed.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If the agency preliminarily determines that the alleged violation has been cured, it shall notify the aggrieved employee and, if requested by the aggrieved employee, shall set a hearing within 30 days of such determination. The agency shall issue an order no more than 20 days after the hearing providing a determination whether the cure is adequate and the reasons for its determination. If the agency determines that the alleged violation has been cured, the aggrieved employee may not proceed with a civil action. If
the aggrieved employee disagrees with the cure determination, the aggrieved employee may appeal that determination to the superior court. Any amounts paid by the employer to the aggrieved employees exclusive of penalties under this section to cure the alleged violation shall be offset against any judgment later entered with respect to that violation, if the superior court concludes the agency abused its discretion in finding that the employer’s cure was adequate.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
No cure or proposal to cure pursuant to this paragraph may be deemed an admission of liability by the employer that submitted the proposed cure. Any cure proposal shall be deemed a confidential settlement proposal subject to Section 1152 of the Evidence Code.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Nothing in this paragraph prohibits an employer from independently remedying any violations or prevents the parties from agreeing to their own mediation
process.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the only alleged violation the employer seeks to cure is a violation of Section 226, the following procedure shall apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The employer may cure the alleged violation within 33 calendar days of the postmark date of the notice sent by the aggrieved employee or representative. The employer shall give written notice within that period of time by certified mail to the aggrieved employee or representative and by online filing with the agency if the alleged violation is cured, including a description of actions taken, and no civil action pursuant to Section 2699 may commence. If the alleged violation is not cured within the 33-day period, the employee may commence a civil action pursuant to Section 2699.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the aggrieved employee disputes that the alleged violation of Section 226 has been cured, the
aggrieved employee or representative shall provide written notice by online filing with the agency and by certified mail to the employer, including specified grounds to support that dispute, to the employer and the agency. Within 17 calendar days of the receipt of that notice, the agency shall review the actions taken by the employer to cure the alleged violation, and provide written notice of its decision by certified mail to the aggrieved employee and the employer. The agency may grant the employer three additional business days to cure the alleged violation. If the agency determines that the alleged violation has not been cured or if the agency fails to provide timely or any notification, the employee may proceed with the civil action pursuant to Section 2699. If the agency determines that the alleged violation has been cured, but the employee still disagrees, the employee may appeal that determination to the superior court.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
No employer
shall avail itself of the notice and cure provisions of this section more than one time in a 12-month period for violations of the same provisions set forth in the notice, regardless of the location of the worksite or if it has been served with a prior notice pursuant to this part alleging the same violation that it did not cure.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The periods specified in this section are not counted as part of the time limited for the commencement of the civil action to recover penalties under this part.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding any other law, an employer not covered by subparagraph (A) of paragraph (2) of subdivision (c), upon being served with a summons and complaint asserting a claim under subdivision (a) or (f) of Section 2699, may file a request for an early evaluation conference in the proceedings of the claim and a request for a stay of
court proceedings prior to or simultaneous with that defendant’s responsive pleading or other initial appearance in the action that includes the claim.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The purpose of the evaluation conference shall include, but not be limited to, evaluation of all of the following, as applicable:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Whether any of the alleged violations occurred and if so, whether the defendant has cured the alleged violations.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The strengths and weaknesses of the plaintiff’s claims and the defendant’s defenses.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Whether plaintiff’s claims, including any claim for penalties or injunctive relief, can be settled in whole or in part.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Whether the parties should share other information that may facilitate
early evaluation and resolution of the dispute.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A request for an early evaluation conference by a defendant pursuant to paragraph (1) shall include a statement regarding whether the defendant intends to cure any or all of the alleged violations, specify the alleged violations it will cure, if applicable, and identify the allegations it disputes.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Upon the filing of a request for an early evaluation conference by a defendant and, if requested, a stay of proceedings, a court shall stay the proceedings and issue an order that does the following, absent good cause for denying defendant’s request in whole or in part:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Schedules a mandatory early evaluation conference for a date as soon as possible from the date of the order but in no event later than 70 days after issuance of the order.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Directs a defendant that has filed a statement that it intends to cure any or all of the alleged violations to submit confidentially to the neutral evaluator and serve on the plaintiff, within 21 days after issuance of the order, the employer’s proposed plan to cure those violations.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Directs a defendant that is disputing any alleged violations to submit to the neutral evaluator and serve on the plaintiff a confidential statement that includes for use solely for the early evaluation conference, the basis and evidence for disputing those alleged violations.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Directs the parties to appear at the time set for the conference.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Directs the plaintiff to submit to the neutral evaluator and serve on the defendant no more than 21 days after service of
defendant’s proposed cure plan, a confidential statement that includes, to the extent reasonably known, for use solely for the purpose of the early evaluation conference, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The factual basis for each of the alleged violations.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The amount of penalties claimed for each violation if any, and the basis for that calculation.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The amount of attorney’s fees and costs incurred to date, if any, that are being claimed.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Any demand for settlement of the case in its entirety.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The basis for accepting or not accepting the employer’s proposed plan for curing any or all alleged violations.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the
neutral evaluator accepts the employer’s proposed plan for curing any or all alleged violations, the defendant shall present evidence within 10 calendar days or such longer period as agreed by the parties or set by the neutral evaluator, demonstrating that the cure has been accomplished. If the defendant indicated it would cure any alleged violations and fails to timely submit the required evidence showing correction of the violation or violations to neutral evaluator and plaintiff, the early evaluation process and any stay may be terminated by the court.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the neutral evaluator and the parties agree that the employer has cured the alleged violations that it stated an intention to cure, the parties shall jointly submit a statement to the court setting forth the terms of their agreement.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If no other alleged violations remain in dispute, the parties and the court shall
treat the parties’ submission as a proposed settlement pursuant to the terms and procedures set forth in subdivision (l) of Section 2699.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
If other alleged violations remain in dispute, the court shall have discretion to defer consideration of the parties’ agreement until after further litigation proceedings.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
In calculating any penalties owed under this part for any violations that the employer promptly cured pursuant to this section, the court shall determine the applicability of subdivision (j), paragraph (2) of subdivision (e), paragraph (1) of subdivision (g), and paragraph (1) of subdivision (h) of Section 2699, and the court shall consider that the violations were cured without the need for extended litigation.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
If the neutral evaluator or plaintiff does not agree that the employer has cured the
alleged violations that it stated an intention to cure, the employer may file a motion to request the court to approve the cure and submit evidence showing correction of the alleged violations. The court may request further briefing and evidentiary submissions from the parties in response to that motion and evidence.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
All statements or evidence submitted for purposes of the early evaluation conference and all discussions at the early evaluation conference shall be subject to Section 1152 of the Evidence Code.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The early evaluation process shall not extend beyond 30 days unless parties mutually agree to extend time.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Early evaluation conferences shall be conducted by a judge or commissioner or such other person knowledgeable about and experienced with issues arising under the code whom the court shall
designate.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Nothing in this subdivision affects or modifies the inadmissibility of evidence regarding offers of compromise pursuant to Section 1152 of the Evidence Code, including, but not limited to, inadmissibility to prove injury or damage.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Nothing in this subdivision prohibits an employer from independently curing any violations or prevents the parties from agreeing to their own mediation process. Nor does anything in this section prohibit an employer covered by subparagraph (A) of paragraph (2) of subdivision (c) from requesting an early evaluation conference under such other terms and conditions as the court makes available to other litigants.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Nothing in this subdivision shall preclude a court from ordering appropriate injunctive relief pursuant to paragraph (1) of subdivision (e) of Section
2699.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
Nothing in this subdivision limits the court’s obligation to approve settlements under this part.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall become operative October 1, 2024.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_8EA7B7FB-B631-4280-8E36-8751B09C4114">
<ns0:Num>SEC. 136.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:MVC: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'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'257.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 257 of the
<ns0:DocName>Military and Veterans Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_87ECA1F6-776E-49F7-A67D-73015F5E3C63">
<ns0:Num>257.</ns0:Num>
<ns0:LawSectionVersion id="id_E1A5A95B-4D70-41C7-9599-AD0C1DBBBADB">
<ns0:Content>
<html:p>When an enlisted person of the National Guard is 64 years of age, they shall be retired from active service or discharged.</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B6D30009-8F30-4682-BE9F-049454D779EF">
<ns0:Num>SEC. 137.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:MVC: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'CHAPTER'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'395.1.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 395.1 of the
<ns0:DocName>Military and Veterans Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E91EF284-5458-4D26-963D-C6594A318D53">
<ns0:Num>395.1.</ns0:Num>
<ns0:LawSectionVersion id="id_BEB5D755-96B5-4424-B173-40FC54D0D0E0">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law to the contrary, any officer or employee of the state not subject to Chapter 11 (commencing with Section 19770) of Part 2 of Division 5 of Title 2 of the Government Code, or any public officer, deputy, assistant, or employee of any city, county, city and county, school district, water district, irrigation district, or any other district, political corporation, political subdivision, or governmental agency thereof who, in time of war or national emergency as proclaimed by the President or Congress, or when any of the Armed Forces of the United States are serving outside of the United States or their territories pursuant to order or request of the United Nations, or while any national conscription act is in effect, leaves or has left their office or position prior to the end of the war, or the
termination of the national emergency or during the effective period of any order or request of this type of the United Nations or prior to the expiration of the National Conscription Act, to join the Armed Forces of the United States and who does or did without unreasonable and unnecessary delay join the Armed Forces or, being a member of any reserve force or corps of any of the Armed Forces of the United States or of the militia of this state, is or was ordered to duty therewith by competent military authority and served or serves in compliance with those orders, shall have a right, if released, separated or discharged under conditions other than dishonorable, to return to and reenter upon the office or position within six months after the termination of their active service with the Armed Forces, but not later than six months after the end of the war or national emergency or military or police operations under the United Nations or after the Governor finds and proclaims that, for the purposes of this
section, the war, national emergency, or United Nations military or police operation no longer exists, or after the expiration of the National Conscription Act, if the term for which they were elected or appointed has not ended during their absence; provided, that the right to return to and reenter upon the office or position shall not extend to or be granted to any officer or employee of the state not subject to Chapter 11 (commencing with Section 19770) of Part 2 of Division 5 of Title 2 of the Government Code, or any public officer, deputy, assistant, or employee of any city, county, city and county, school district, water district, irrigation district or any other district, political corporation, political subdivision or governmental agency thereof, who shall fail to return to and reenter upon their office or position within 12 months after the first date upon which they could terminate or could cause to have terminated their active service with the Armed Forces of the United States or of the militia of
this state. They shall also have a right to return to and reenter upon the office or position during terminal leave from the Armed Forces and prior to discharge, separation, or release therefrom.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Upon return and reentry to the office or employment, the officer or employee shall have all of the rights and privileges in, connected with, or arising out of the office or employment which they would have enjoyed if they had not been absent therefrom; provided, however, the officer or employee shall not be entitled to sick leave, vacation, or salary for the period during which they were on leave from that governmental service and in the service of the Armed Forces of the United States.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the office or position has been abolished or otherwise has ceased to exist during their absence, they shall be reinstated in a position of like seniority, status, and
pay if the position exists, or to a comparable vacant position for which they are qualified.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Any officer or employee other than a probationer who is restored to their office or employment pursuant to this act shall not be discharged from that office or position without cause within one year after the restoration, and shall be entitled to participate in insurance or other benefits offered by the employing governmental agency pursuant to established rules and practices relating to those officers or employees on furlough or leave of absence in effect at the time the officer or employee left their office or position to join the Armed Forces of the United States.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding any other provisions of this code, any enlisted person who was involuntarily ordered to active duty (other than for training) for a stated duration shall not lose any right or benefit conferred under
this code if they voluntarily elect to complete the period of that duty.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, 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>
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</ns0:BillSection>
<ns0:BillSection id="id_948B5F55-C95F-4A8C-92B2-1C1EDD8E195B">
<ns0:Num>SEC. 138.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:MVC: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%3ALawSection%5Bcaml%3ANum%3D'502.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 502 of the
<ns0:DocName>Military and Veterans Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_B739F7D0-20A4-4262-9E0D-47FA9E550F98">
<ns0:Num>502.</ns0:Num>
<ns0:LawSectionVersion id="id_7A35E7E1-D04A-46F8-A2B5-B7028B794C4F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Upon recommendation of the governing board having jurisdiction over the school, college, community college, or sponsoring organization, the Adjutant General may appoint officers, warrant officers, and noncommissioned officers in the California Cadet Corps for duty as commandants of cadets or assistant commandants of cadets in each school, college, community college, or sponsoring organization under the jurisdiction of the governing board.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Except when ordered to state active duty by the Governor, the officers, warrant officers, and noncommissioned officers shall be under the immediate control and jurisdiction of the governing board of the school, college, or community college at which they are on duty and pay, allowances, and expenses shall be disbursed from
funds appropriated for the maintenance and operations of the school, college, or community college where they serve.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Each officer, warrant officer, and noncommissioned officer shall hold their appointment at the pleasure of the governing board until a successor has been appointed and qualified or until their affiliation with the California Cadet Corps is severed.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Adjutant General may appoint commissioned officers, warrant officers, and noncommissioned officers as staff officers in support of California Cadet Corps operations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A staff officer not assigned to a school, college, or community college is under the immediate control and jurisdiction of the Commander of the California Cadet Corps.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An officer,
warrant officer, or noncommissioned officer on state active duty in support of the California Cadet Corps is under the immediate control and jurisdiction of the Commander of the California Cadet Corps.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_3EA6AC46-E3ED-43BF-9230-3C2D33C8EEBD">
<ns0:Num>SEC. 139.</ns0:Num>
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Section 502.1 of the
<ns0:DocName>Military and Veterans Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_9A3A30D5-E605-4526-A3AE-8EFDAA769900">
<ns0:Num>502.1.</ns0:Num>
<ns0:LawSectionVersion id="id_5B9BED1F-FB16-419C-9765-801D93C2CFB2">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Adjutant General shall determine by the adoption of rules and regulations the grade and rank to be held by individuals appointed in the California Cadet Corps by reason of their military experience, professional knowledge, or both. These individuals shall be appointed pursuant to the rules and regulations adopted by the Adjutant General.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A person who has previously been an officer, warrant officer, or noncommissioned officer of, and discharged under honorable conditions from, the United States Army, the United States Navy, the United States Air Force, the United States Marine Corps, the United States Space Force, the United States Coast Guard, a reserve component of those federal forces, the California National Guard, the State
Guard, or the active militia may be appointed in the California Cadet Corps in the same rank last held in federal or state military forces.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Each officer, warrant officer, or noncommissioned officer shall hold office pursuant to the rules and regulations adopted by the Adjutant General.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Upon recommendation of the Adjutant General, the Governor may commission one Commander of the California Cadet Corps as a brigadier general or colonel, up to two Deputy Commanders of the California Cadet Corps as a colonel or lieutenant colonel, one Chief of Staff as a colonel or lieutenant colonel, and the necessary number of staff and regional advisors in the same grade and rank last held in federal or state military forces, not to exceed lieutenant colonel, pursuant to rules and regulations adopted by the Adjutant General.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The Commander of the California Cadet Corps may be appointed to a brigadier general, and the Deputy Commanders may be appointed as a colonel, once the total number of enrolled cadets exceeds 10,000 annually or there are more than 100 California Cadet Corps units.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Upon the recommendation of the Adjutant General, the Governor may appoint commissioned officers, warrant officers, and noncommissioned officers to the same grade and rank last held in federal or state military forces for service in the California Cadet Corps by virtue of their professional knowledge and experience. Pay and expenses shall be taken from the funds appropriated for the maintenance and support of the California Cadet Corps.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_8C2D04A2-D175-47E4-AF0B-DEA4EF2BF66B">
<ns0:Num>SEC. 140.</ns0:Num>
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Section 502.2 of the
<ns0:DocName>Military and Veterans Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_1A89822F-A670-40A5-99C5-6215CCECECF3">
<ns0:Num>502.2.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
All personnel appointed in the California Cadet Corps pursuant to Section 502.1 shall wear uniforms prescribed by the Adjutant General. Primary uniforms shall be consistent with uniforms of the State Guard with distinctive California Cadet Corps markings.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Personnel wearing the uniforms described in subdivision (a) shall meet appearance standards consistent with the State Guard.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Personnel not meeting the standards described in this section may wear an alternate uniform approved by the Commander of the California Cadet Corps.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_BCF56975-FB03-410B-B699-98A9EE3F3788">
<ns0:Num>SEC. 141.</ns0:Num>
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Section 502.4 of the
<ns0:DocName>Military and Veterans Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_4AF31A45-32AA-42F1-BD0C-54A893F59CA2">
<ns0:Num>502.4.</ns0:Num>
<ns0:LawSectionVersion id="id_0E654D71-BF29-41A1-BEFF-0C20BDC7C341">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Adjutant General may order officers, warrant officers, and noncommissioned officers in the California Cadet Corps to state active duty at encampments, exercises, or other activities conducted by the corps.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
While on state active duty, an officer, warrant officer, and noncommissioned officer shall receive the same base pay, without longevity, as a member of similar grade in the United States Army together with their expenses.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Pay and expenses for these purposes shall be paid from funds appropriated for the maintenance and support of the California Cadet Corps.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
When on state active duty in support of the California Cadet
Corps, personnel are under the direction and control of the Commander of the California Cadet Corps.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
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<ns0:BillSection id="id_DA73D196-9662-4C85-95F4-F6AE11196DCB">
<ns0:Num>SEC. 142.</ns0:Num>
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Section 504 of the
<ns0:DocName>Military and Veterans Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C0AB177C-8A97-4D01-B328-264EF3DD7EB2">
<ns0:Num>504.</ns0:Num>
<ns0:LawSectionVersion id="id_0D422905-51CF-43B6-BD0E-D60A7A512574">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Adjutant General shall adopt rules and regulations for the formation of cadet brigades, regiments, and battalions and shall adopt tables of organization and provide for the appointment of cadet brigade, regimental, and battalion officers and staff.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
All cadet battalion officers, regimental, and noncommissioned officers shall be appointed, commissioned, or warranted in accordance with rules and regulations adopted by the Adjutant General and upon the recommendation of the commandant of cadets with the approval of the president, director, chief administrative officer, or principal of the school, college, community college, or, in the case of an independent unit not based at a school or college, the head of the sponsoring
organization.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_24C910B9-EFFE-445B-9DFE-828CD537533F">
<ns0:Num>SEC. 143.</ns0:Num>
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Section 505 of the
<ns0:DocName>Military and Veterans Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_2B578182-D161-4194-AA78-E7ACAA70CD76">
<ns0:Num>505.</ns0:Num>
<ns0:LawSectionVersion id="id_D0889555-A44C-4342-A9CF-204E8D7DDAE2">
<ns0:Content>
<html:p>The Adjutant General may order officers, warrant officers, and noncommissioned officers of the State Guard, Naval Militia, or California National Guard to temporary state active duty to perform functions in support of the California Cadet Corps. Pay for those duties shall be disbursed from funds appropriated for the support and maintenance of the California Cadet Corps.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C4CEF841-E409-468B-9FB7-D4B60966A0F4">
<ns0:Num>SEC. 144.</ns0:Num>
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Section 510 of the
<ns0:DocName>Military and Veterans Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_2430AB3E-7715-4A60-8FD9-ABD76AF3FC53">
<ns0:Num>510.</ns0:Num>
<ns0:LawSectionVersion id="id_5C157873-3768-4DBE-A09A-8242EB908FD2">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Adjutant General shall prescribe the uniforms that the cadet and adult members of the California Cadet Corps shall wear.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Adjutant General may issue, to the California Cadet Corps cadets and adults, necessary training aids, insignia of rank and of the California Cadet Corps, awards and decorations, and military property or equipment in the control of the Adjutant General as may not be required for the California National Guard, other state military forces, or other military purposes.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The issues described in paragraph (1) may be made by the Adjutant General without charge to the members of the California Cadet Corps or to the school, college, community college,
or sponsoring organization.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Adjutant General, after receiving written acknowledgment from the president, director, chief administrative officer, or principal of the school, college, community college, or sponsoring organization of the receipt of the issues described in paragraph (1), shall account the same as a transfer of equipment.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_9655E231-9FBA-420A-B2F1-40CA6B138F51">
<ns0:Num>SEC. 145.</ns0:Num>
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Section 513 of the
<ns0:DocName>Military and Veterans Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_99B55D65-CB7E-4E18-BFA6-81D0C372C111">
<ns0:Num>513.</ns0:Num>
<ns0:LawSectionVersion id="id_02BCFD47-880E-45D2-ACF2-214C2FB41A45">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Adjutant General may detail, from the organizations of the California National Guard, State Guard, or Naval Militia, competent members who shall perform duties on behalf of the California Cadet Corps and who may act as military training instructors for the California Cadet Corps.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Adjutant General may provide compensation for a person detailed for duty and service with the California Cadet Corps.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The expenditures may be paid out of funds appropriated for the maintenance and support of the California Cadet Corps.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Adjutant General may conduct conferences and other events and activities for members of the California
Cadet Corps and may utilize funds appropriated for the maintenance and support of the California Cadet Corps for these purposes.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C3A20E5A-C3B2-4BDD-AE74-224CC76FB5BE">
<ns0:Num>SEC. 146.</ns0:Num>
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Section 520 of the
<ns0:DocName>Military and Veterans Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_95E9311A-BEB1-464F-8EC1-E9714E85B8D1">
<ns0:Num>520.</ns0:Num>
<ns0:LawSectionVersion id="id_F3216065-22DB-4D2B-A748-6C952A925AA6">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A commander, deputy commander, regional advisor, officer, warrant officer, or noncommissioned officer appointed or detailed pursuant to Section 502, 502.1, 512, 513, or 515 who is wounded, injured, disabled, or killed in the performance of ordered duty is entitled to receive compensation from the state in accordance with the provisions of Division 4 (commencing with Section 3200) of the Labor Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In the circumstances described in paragraph (1), the individual shall be deemed to be an employee of the state.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The compensation for the individual shall be ascertained, determined, and fixed upon the basis of their average income from all sources during the year
immediately preceding the date of the injury or death, or the commencement of the disability, but the compensation shall not exceed the maximum prescribed in Division 4 (commencing with Section 3200) of the Labor Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In determining the benefits awarded to an individual under the provisions of this section, it shall be conclusively presumed that the average yearly earning of the injured or deceased individual is not less than ten thousand dollars ($10,000). An injury, death, or disability shall be deemed to have been suffered in the line of duty unless the injury, death, or disability resulted from misconduct or disobedience of lawful orders by the injured or deceased individual.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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<ns0:BillSection id="id_EF61E8DE-9075-40FB-805C-617A89070427">
<ns0:Num>SEC. 147.</ns0:Num>
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Section 552 of the
<ns0:DocName>Military and Veterans Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_A6C79565-5559-472F-827D-E2CA3C7FF2F3">
<ns0:Num>552.</ns0:Num>
<ns0:LawSectionVersion id="id_3DB1C4EF-16A4-4345-BCEE-114909F9730F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Officers and warrant officers of the forces herein authorized on active duty in the service of the state shall receive the same pay and allowances as officers of similar grade in the Army of the United States.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An officer, warrant officer or enlisted person of the forces herein authorized may, with their consent, be detailed for duty and may be paid compensation in any grade lower than the officer, warrant officer, or enlisted person actually holds; provided, the officer, warrant officer, or enlisted person voluntarily waives all compensation in excess of the lower grade in which they are detailed to duty.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
When an officer or warrant officer of the forces herein authorized is detailed for
special duty in any matter relating to those forces, by order of the Governor, they shall be allowed the same pay and allowances as officers or warrant officers of similar grade in the Army of the United States and actual traveling expenses. An enlisted person similarly detailed shall be allowed the same pay and allowances as enlisted persons of similar grade in the Army of the United States and actual traveling expenses, except that family allowances shall not be allowed those enlisted persons. An officer, warrant officer, or enlisted person of the forces herein authorized may, with their consent, be detailed for special duty without expense to the state, except and provided, however, they may be paid their actual traveling expenses.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In addition to the pay and allowances authorized in this code, personnel of the forces created herein having administrative functions connected therewith may be paid not more than twenty dollars ($20) per
month for the performance of those duties according to rules and regulations adopted by the Adjutant General.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
All enlistments of members of the active militia may be extended by the Adjutant General if necessary during the existence of a national emergency.
</html:p>
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<ns0:BillSection id="id_2BCF8DC4-BE82-4909-8EAE-D0AC49490281">
<ns0:Num>SEC. 148.</ns0:Num>
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Section 555 of the
<ns0:DocName>Military and Veterans Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_088FAACE-2CB3-4CD7-AAB6-0776D9C3BCA7">
<ns0:Num>555.</ns0:Num>
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<ns0:Content>
<html:p>Such forces shall not be required to serve outside the boundaries of this state except:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Upon the request of the Governor of another state, the Governor of this state may, in their discretion, order any portion or all of such forces as may be then in actual service to assist the military or police forces of the other state who are actually engaged in defending the other state. These forces may be recalled by the Governor at their discretion.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Any organization, unit, or detachment of forces upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies, or enemy forces beyond the borders of this state into another state until they are apprehended or captured
by such organization, unit, or detachment or until the military or police forces of the other state or the forces of the United States have had reasonable opportunity to take up the pursuit or to apprehend or capture such persons if the other state shall have given authority by law for the pursuit by such forces of this state. Any person who is apprehended or captured in another state by an organization, unit, or detachment of the forces of this state shall without unnecessary delay be surrendered to the military or police forces of the state in which they are taken or to the United States. This surrender shall not constitute a waiver by this state of its rights to extradite or prosecute the person for any crime committed in this state.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Pursuant to the provisions of the National Defense Act of 1916, as amended, and such amendments as may be made thereto hereafter.
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<ns0:BillSection id="id_C5AA1E97-6B11-49A0-B4FC-FD7E4225825B">
<ns0:Num>SEC. 149.</ns0:Num>
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Section 557 of the
<ns0:DocName>Military and Veterans Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_6040A4D5-5F58-4BCE-AE3F-9AB8F9B84420">
<ns0:Num>557.</ns0:Num>
<ns0:LawSectionVersion id="id_1C8F6107-52EF-4189-AC9E-AF09A399FFEB">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person shall not, by reason of their enlistment or commission in any such forces, be exempted from military service under any law of the United States.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Section 230 and Sections 232 to 237, inclusive, apply to commissioned officers. Section 225 applies to warrant officers. Sections 252, 253, 254, and 260, except subdivision (b) of Section 260, apply to enlisted personnel of the forces authorized herein. However, this code shall not prevent the transfer, by order of the Governor, at any time, of any member of those forces to a reserve list created in the office of the Commanding General of the State Military Forces.
</html:p>
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<ns0:BillSection id="id_EE24E041-CDE3-42FE-B7C0-531AEE36F903">
<ns0:Num>SEC. 150.</ns0:Num>
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Section 987.005 of the
<ns0:DocName>Military and Veterans Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_3640779D-4BAF-4F4D-99BF-A47E07C5E087">
<ns0:Num>987.005.</ns0:Num>
<ns0:LawSectionVersion id="id_CD487BB0-545A-46F3-B6AA-8839275BA0D1">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The departments shall establish and implement programs pursuant to the purposes of this article that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness. To the extent feasible, the departments shall establish and implement programs that, among other things, do the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Leverage public (federal, state, and local), private, and nonprofit program and fiscal resources.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Ensure projects combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Promote
public and private partnerships.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Foster innovative financing opportunities.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Ensure program guidelines and terms provide threshold requirements to advance applicants with experience in combining permanent or transitional housing, or both, with supportive services for veterans, or for partnering with housing developers or service providers with experience offering housing or services to veterans.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The departments shall ensure at least 50 percent of funds awarded for capital development under this article provide housing to veteran households with extremely low incomes.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except as provided in paragraph (5) and subdivision (h), in determining whether a potential tenant is eligible for supportive, affordable, or
transitional housing targeted to extremely low income households under this provision, eligibility shall take into consideration all of a household’s income sources upon initial tenancy.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
At least 60 percent of units funded targeting extremely low income households shall be supportive housing.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This section shall not deter the departments from funding projects serving mixed-income populations.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A qualified entity tasked with making referrals to qualified units targeted to extremely low income households may submit a petition to the departments pursuant to subdivision (c) for the purposes of requesting authority to lease the qualified unit to secondary tenants if the qualified entity is unable to locate, match, or otherwise place a qualified tenant in a qualified unit within 60 days
of the unit becoming available. The qualified entity may submit an application to the departments 30 days after the unit becoming available for occupancy, provided that the unit is vacant for at least 60 days at the time the departments approve the petition. The departments may not approve a petition if it would result in any changes other than tenant income eligibility criteria, as described in this section, that may impact the project’s regulatory agreement.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This shall include circumstances in which approving a petition for a qualified entity to house tenants with incomes up to 60 percent of the area median income would cause a supported development to have less than 50 percent of its units occupied by tenants with extremely low incomes. The supported development shall not have less than 30 percent of its units occupied by tenants with extremely low incomes.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If a
qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a secondary tenant or other tenant who is a veteran experiencing homelessness with an income between 30 and 60 percent of area median income pursuant to subparagraph (A) or (B), that unit shall be redesignated to an area median income level commensurate with the income level of the secondary tenant and the secondary tenant shall pay rent commensurate with their household income’s percentage of the area median income.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Beginning 12 months after the petition has been approved, if a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a secondary tenant or other tenant who is a veteran experiencing homelessness with an income between 30 and 60 percent of area median income pursuant to subparagraph (A) or (B), the next available comparable unit shall then be rented to a qualified tenant at 30 percent
of the area median income with the goal of returning the project into compliance with the unit mix required by the project regulatory agreement.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The qualified entity tasked with making referrals to these units shall make a good faith effort to match a tenant with an extremely low income before submitting a petition to the departments, document these good faith efforts, submit this documentation as part of the petition, and make this documentation available to the housing sponsor, who shall include the documentation in the tenant file, and, upon request, to the departments. Documentation of these good faith efforts shall include, but not be limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Efforts to advertise to the community at least 90 days prior to the lease-up of the building.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Efforts to work in partnership with local
homeless services providers, including those that serve veterans experiencing homelessness.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Efforts to coordinate with the local continuum of care to identify veterans experiencing homelessness with extremely low incomes.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Efforts to coordinate with the United States Department of Veterans Affairs to identify veterans experiencing homelessness with extremely low incomes.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Documentation of contact with veterans experiencing homelessness with extremely low incomes and their case managers who were matched to the available unit and chose not to lease the unit.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The departments shall create a standardized form for the submission of petitions described in paragraph (5) of subdivision (b).
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Upon receiving a petition pursuant to this section, the departments shall do both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Review the petition and decide if the qualified unit is eligible to accept secondary tenants under all applicable guidelines, rules, and regulations, and other laws established by the Internal Revenue Service and the departments.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Provide a written determination approving or denying the petition. The written determination shall be provided to the qualified entity as soon as possible, but no later than 30 days after the departments receive the petition.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If necessary, the departments may create written rules for the review of and determination on the petitions that are consistent with the requirements of this section, including, but not limited to, additional rules related to projects seeking
approval before permanent loan conversion.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The departments may review, adopt, amend, and repeal guidelines or terms, or both, to implement this article. Any guidelines or terms adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Nothing in this article permits the departments or the board to purchase, operate, or manage properties except in the event of a foreclosure on a borrower or grantee.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, a housing developer or service provider that provides housing or services pursuant to this article may provide housing or services to female veterans and their children in women-only facilities in limited instances in which a female veteran (A) has
suffered any form of sexual abuse, trauma, or intimidation or harassment while serving in the military and is seeking treatment for that sexual abuse, trauma, or intimidation or harassment, or (B) is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A housing developer or service provider that provides housing or services to female veterans in women-only facilities pursuant to paragraph (1) shall ensure that the housing or services shall provide supportive housing or services with a focus on, among others, treating the effects of military sexual abuse, trauma, or intimidation in a gender-specific manner.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this subdivision, “women-only facilities” means the facilities may house and provide services to female veterans only and their children, and shall not house or provide services to any adult who is not a
dependent of a female veteran.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
In administering the programs established under this article, the departments shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Make program funds available at the same time funds, if any, are made available under the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Rate and rank applications in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code), except that the department may establish additional point categories for the purposes of rating and ranking applications that seek funding pursuant to this article in addition to those used in the Multifamily Housing Program.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Administer funds subject to this article in a manner consistent with the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Only applications serving veterans and meeting any additional threshold requirements established by the departments, shall be eligible to receive funds pursuant to this article.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
In determining whether a potential tenant is eligible for supportive, affordable, or transitional housing under this article, an income eligibility determination shall not take into consideration service-connected disability benefits received by the potential tenant.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_9FA30AF9-F2F5-4FBA-8B7A-5E7F6E054511">
<ns0:Num>SEC. 151.</ns0:Num>
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Section 987.300 of the
<ns0:DocName>Military and Veterans Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_0BED10B3-BA74-4AB5-AF0E-1BEBE243A6BD">
<ns0:Num>987.300.</ns0:Num>
<ns0:LawSectionVersion id="id_7CCAD470-8D9C-4778-B09D-EE0CFE8731CA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If a qualified entity is unable to locate, match, or otherwise place a qualified tenant in a qualified unit within 28 days of the qualified unit becoming available, the qualified entity shall be eligible to match secondary tenants to the qualified units and the California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee shall treat secondary tenants as eligible for the qualified unit.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If, subsequent to the 14 days of the unit becoming available to secondary tenants, the qualified entity is unable to locate, match, or otherwise place either a qualified tenant or a secondary tenant in a qualified unit, the qualified entity shall be eligible to match a veteran experiencing homelessness with an income at or below 60 percent of
area median income to the qualified unit and the California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee shall treat the tenants as eligible for the qualified unit.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a secondary tenant or other tenant who is a veteran experiencing homelessness with an income between 30 and 60 percent of area median income pursuant to subdivision (a) or (b), that unit shall be redesignated to an area median income level commensurate with the income level of the secondary tenant and the secondary tenant shall pay rent commensurate with their household income’s percentage of the area median income.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Beginning 12 months after a secondary tenant or other tenant who is a veteran experiencing homelessness has been placed pursuant to subdivision (a) or (b),
if a qualified unit that is restricted to a qualified tenant with an extremely low income is occupied by a tenant with an income between 30 and 60 percent of area median income pursuant to subdivision (a) or (b), the next available comparable unit shall then be rented to a qualified tenant at 30 percent of the area median income with the goal of returning the project into compliance with the unit mix required by the project regulatory agreement.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The qualified entity tasked with making referrals to qualified units shall make a good faith effort to match a qualified tenant with an extremely low income, shall document these good faith efforts, and shall make this documentation available to the housing sponsor, who shall include the documentation in the tenant file, and, upon request, to the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs.
Documentation of these good faith efforts shall include, but not be limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Efforts to advertise to the community at least 90 days prior to the lease-up of the building.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Efforts to work in partnership with local homeless services providers, including those that serve veterans experiencing homelessness.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Efforts to coordinate with the local continuum of care to identify veterans experiencing homelessness with extremely low incomes.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Efforts to coordinate with the United States Department of Veterans Affairs to identify veterans experiencing homelessness with extremely low incomes.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Documentation of contact with veterans experiencing homelessness with
extremely low incomes and their case managers who were matched to the available unit and chose not to lease the unit.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The California Tax Credit Allocation Committee and the California Debt Limit Allocation Committee may adopt regulations to establish additional documentation standards for demonstrating a good faith effort.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If a qualified entity has submitted a petition to the departments pursuant to Section 987.005 for a unit that is a qualified unit under both this section and Section 987.003, the outcome of the petition submitted pursuant to Section 987.005 shall determine whether the qualified entity is able to refer secondary tenants.
</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"/>
“Extremely low income” has the same
meaning as defined in Section 50106 of the Health and Safety Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Qualified entity” means an entity that is responsible for making referrals of qualified tenants to qualified units.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Qualified tenant” means an extremely low income veteran who is homeless.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Qualified unit” means a supportive housing unit restricted to extremely low income veterans pursuant to a regulatory agreement with the California Tax Credit Allocation Committee or with a bond issuer under the private activity bonds program administered by the California Debt Limit Allocation Committee.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Secondary tenants” means a veteran who is homeless and has an income of up to 60 percent of the area median income.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Supportive housing unit” has the same meaning as defined in Section 987.003.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Veteran” has the same meaning as defined in Section 987.003.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_BB0943BE-760F-417E-AA9D-1FD5B9F800CC">
<ns0:Num>SEC. 152.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:MVC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1690.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 1690 of the
<ns0:DocName>Military and Veterans Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3F3DA67E-772A-4B36-8589-26EFDB1995D2">
<ns0:Num>1690.</ns0:Num>
<ns0:LawSectionVersion id="id_0B15B104-DBF9-443E-A9C3-A21D1032F34F">
<ns0:Content>
<html:p>Any elected officer of the state who is called to serve with the Armed Forces of the United States has a right to return to and to reenter upon their office after the termination of their active service with the Armed Forces if the term for which they are elected has not expired.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_55C7616D-05C1-4922-BB50-4F2F997A7FFC">
<ns0:Num>SEC. 153.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'236.8.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 236.8 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_709BC5F0-032E-4A20-A1CC-A53E86603597">
<ns0:Num>236.8.</ns0:Num>
<ns0:LawSectionVersion id="id_E490968B-D6C3-4CEF-B677-45F90BE43C07">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If the prosecuting agency, in conjunction with the criminal proceeding, files a petition of forfeiture with the superior court of the county in which the defendant has been charged with human trafficking that involves a commercial sex act, as defined in paragraph (2) of subdivision (h) of Section 236.1, where the victim was less than 18 years of age at the time of the commission of the crime, the prosecuting agency shall make service of process of a notice regarding that petition upon every individual who may have a property interest in the alleged proceeds or instruments. The notice shall state that any interested party may file a verified claim with the superior court stating the amount of their claimed interest and an affirmation or denial of the prosecuting agency’s allegation. If the notice cannot be given by registered
mail or personal delivery, the notice shall be published for at least three successive weeks in a newspaper of general circulation in the county where the property is located. If the property alleged to be subject to forfeiture is real property, the prosecuting agency shall, at the time of filing the petition of forfeiture, record a lis pendens with the county recorder in each county in which the real property is situated that specifically identifies the real property alleged to be subject to forfeiture. The judgment of forfeiture shall not affect the interest in real property of a third party that was acquired prior to the recording of the lis pendens.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
All notices shall set forth the time within which a claim of interest in the property seized is required to be filed pursuant to Section 236.9.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_FCE165C3-1C31-4417-B767-22FD5D7543FF">
<ns0:Num>SEC. 154.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'236.10.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 236.10 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B898748A-1A9C-4D97-8794-21275DD17DD5">
<ns0:Num>236.10.</ns0:Num>
<ns0:LawSectionVersion id="id_35D09F55-D451-4528-973C-48DA819762C8">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Concurrent with or subsequent to the filing of the petition, the prosecuting agency may move the superior court for, and the superior court may issue, the following pendente lite orders to preserve the status quo of the property alleged in the petition:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An injunction to restrain anyone from transferring, encumbering, hypothecating, or otherwise disposing of the property.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Appointment of a receiver to take possession of, care for, manage, and operate the assets and properties so that the property may be maintained and preserved. The court may order that a receiver appointed pursuant to this section be compensated for all reasonable expenditures made or incurred by the receiver in connection
with the possession, care, management, and operation of property or assets that are subject to the provisions of this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
No preliminary injunction may be granted or receiver appointed without notice to the interested parties and a hearing to determine that an order is necessary to preserve the property, pending the outcome of the criminal proceedings, and that there is probable cause to believe that the property alleged in the forfeiture proceedings are proceeds, instruments, or property interests forfeitable under the provisions of Section 236.7. However, a temporary restraining order may issue pending that hearing pursuant to the provisions of Section 527 of the Code of Civil Procedure.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding any other provision of law, the court in granting these motions may order a surety bond or undertaking to preserve the property interests of the interested
parties.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The court shall, in making its orders, seek to protect the interests of those who may be involved in the same enterprise as the defendant, but who were not involved in human trafficking that involves a commercial sex act, as defined in paragraph (2) of subdivision (h) of Section 236.1, where the victim was less than 18 years of age at the time of the commission of the crime.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_580F47EB-E633-4D77-A533-CA39E6469ED1">
<ns0:Num>SEC. 155.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'236.11.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 236.11 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_8DDB5D06-3C98-462B-87A9-E27FB2BFB482">
<ns0:Num>236.11.</ns0:Num>
<ns0:LawSectionVersion id="id_E90E7FE3-46E5-4841-BFD9-EB9399D5B94A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If the trier of fact at the forfeiture hearing finds that the alleged property, instruments, or proceeds are forfeitable pursuant to Section 236.7 and the defendant was engaged in human trafficking that involves a commercial sex act, as defined in paragraph (2) of subdivision (h) of Section 236.1, where the victim was less than 18 years of age at the time of the commission of the crime, the court shall declare that property or proceeds forfeited to the state or local governmental entity, subject to distribution as provided in Section 236.12. No property solely owned by a bona fide purchaser for value shall be subject to forfeiture.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the trier of fact at the forfeiture hearing finds that the alleged property is forfeitable pursuant to Section 236.7 but
does not find that a person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract acquired that interest with actual knowledge that the property was to be used for a purpose for which forfeiture is permitted, and the amount due to that person is less than the appraised value of the property, that person may pay to the state or the local governmental entity that initiated the forfeiture proceeding the amount of the registered owner’s equity, which shall be deemed to be the difference between the appraised value and the amount of the lien, mortgage, security interest, or interest under a conditional sales contract. Upon payment, the state or local governmental entity shall relinquish all claims to the property. If the holder of the interest elects not to pay the state or local governmental entity, the property shall be deemed forfeited to the state or local governmental entity and the ownership certificate shall be forwarded. The appraised value shall be determined
as of the date judgment is entered either by agreement between the legal owner and the governmental entity involved, or, if they cannot agree, by a court-appointed appraiser for the county in which the action is brought. A person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract shall be paid the appraised value of the person’s interest.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the amount due to a person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract is less than the value of the property and the person elects not to make payment to the governmental entity, the property shall be sold at public auction by the Department of General Services or by the local governmental entity. The seller shall provide notice of the sale by one publication in a newspaper published and circulated in the city, community, or locality where the sale is to take place.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding subdivision (c), a county may dispose of real property forfeited to the county pursuant to this chapter by the process prescribed in Section 25538.5 of the Government Code.
</html:p>
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<ns0:Num>SEC. 156.</ns0:Num>
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Section 803 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_0E6E6E07-4855-418E-8123-940F1FAA99DD">
<ns0:Num>803.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The time during which prosecution of the same person for the same conduct is pending in a court of this state is not a part of a limitation of time prescribed in this chapter.
</html:p>
<html:p>
(c)
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A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or
embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A violation of Section 72, 118, 118a, 132, 134, or 186.10.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A violation of Section 25540, of any type, or Section 25541 of the Corporations Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A violation of Section 1090 or 27443 of the Government Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Felony welfare fraud or
Medi-Cal fraud in violation of Section 11483 or 14107 of the Welfare and Institutions Code.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Felony insurance fraud in violation of Section 548 or 550 of this code or former Section 1871.1, or Section 1871.4, of the Insurance Code.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A violation of Section 580, 581, 582, 583, or 584 of the Business and Professions Code.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A violation of Section 22430 of the Business and Professions Code.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
A violation of Section 103800 of the Health and Safety Code.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
A violation of Section 529a.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
A violation of subdivision (d) or (e) of Section 368.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the
defendant is out of the state when or after the offense is committed, the prosecution may be commenced as provided in Section 804 within the limitations of time prescribed by this chapter, and no time up to a maximum of three years during which the defendant is not within the state shall be a part of those limitations.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A limitation of time prescribed in this chapter does not commence to run until the offense has been discovered, or could have reasonably been discovered, with regard to offenses under Division 7 (commencing with Section 13000) of the Water Code, under Chapter 6.5 (commencing with Section 25100) or Chapter 6.7 (commencing with Section 25280) of Division 20 of, or Part 4 (commencing with Section 41500) of Division 26 of, or Part 2 (commencing with Section 78000) of Division 45 of, the Health and Safety Code, or under Section 386, or offenses under Chapter 5 (commencing with Section 2000) of Division 2 of, Chapter 9 (commencing
with Section 4000) of Division 2 of, Section 6126 of, Chapter 10 (commencing with Section 7301) of Division 3 of, or Chapter 19.5 (commencing with Section 22440) of Division 8 of, the Business and Professions Code.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other limitation of time described in this chapter, if subdivision (b) of Section 799 does not apply, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that the person, while under 18 years of age, was the victim of a crime described in Section 261, 286, 287, 288, 288.5, or 289, former Section 288a, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision applies only if all of the following occur:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The limitation period specified in Section 800, 801, or 801.1, whichever is later, has expired.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The crime involved substantial sexual conduct, as described in subdivision (b) of Section 1203.066, excluding masturbation that is not mutual.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
There is independent evidence that corroborates the victim’s allegation. If the victim was 21 years of age or older at the time of the report, the independent evidence shall clearly and convincingly corroborate the victim’s allegation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Evidence shall not be used to corroborate the victim’s allegation if that evidence would otherwise be inadmissible during trial. Independent evidence excludes the opinions of mental health professionals.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
In a criminal
investigation involving any of the crimes listed in paragraph (1) committed against a child, if the applicable limitations period has not expired, that period shall be tolled from the time a party initiates litigation challenging a grand jury subpoena until the end of the litigation, including any associated writ or appellate proceeding, or until the final disclosure of evidence to the investigating or prosecuting agency, if that disclosure is ordered pursuant to the subpoena after the litigation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This subdivision does not affect the definition or applicability of any evidentiary privilege.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
This subdivision shall not apply if a court finds that the grand jury subpoena was issued or caused to be issued in bad faith.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other limitation of time described in this
chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The crime is one that is described in subdivision (c) of Section 290.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The offense was committed before January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this section, “DNA” means deoxyribonucleic acid.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
For any crime, the proof of which depends
substantially upon evidence that was seized under a warrant, but which is unavailable to the prosecuting authority under the procedures described in People v. Superior Court (Laff) (2001) 25 Cal.4th 703, People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757, or subdivision (c) of Section 1524, relating to claims of evidentiary privilege or attorney work product, the limitation of time prescribed in this chapter shall be tolled from the time of the seizure until final disclosure of the evidence to the prosecuting authority. This section does not otherwise affect the definition or applicability of any evidentiary privilege or attorney work product.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which a hidden recording is discovered related to a violation of paragraph (2) or (3) of subdivision (j) of Section
647.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which it is discovered that, but not more than four years after, an image was intentionally distributed in violation of paragraph (4) of subdivision (j) of Section 647.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident that caused death or permanent, serious injury, as defined in subdivision (d) of Section 20001 of the Vehicle Code, a criminal complaint brought pursuant to paragraph (2) of subdivision (b) of Section 20001 of the Vehicle Code may be filed within the applicable time period described in Section 801 or 802 or one year after the person is initially identified by law enforcement as a suspect in the commission of the offense,
whichever is later, but in no case later than six years after the commission of the offense.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If, after committing the crime described in paragraph (1), a person is out of the state for the purpose of evading prosecution, the statute of limitations may be tolled for up to three years during any time the person is out of the state.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Notwithstanding any other limitation of time described in this chapter, if a person flees the scene of an accident, a criminal complaint brought pursuant to paragraph (1) or (2) of subdivision (c) of Section 192 may be filed within the applicable time period described in Section 801 or 802, or one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, whichever is later, but in no case later than six years after the commission of the offense.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense involving the offering or giving of a bribe to a public official or public employee, including, but not limited to, a violation of Section 67, 67.5, 85, 92, or 165, or Section 35230 or 72530 of the Education Code.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Notwithstanding any other limitation of time prescribed in this chapter, if a person actively conceals or attempts to conceal an accidental death in violation of Section 152, a criminal complaint may be filed within one year after the person is initially identified by law enforcement as a suspect in the commission of that offense, provided, however, that in any case a complaint may not be filed more than four years after the commission of the offense.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any
other limitation of time described in this chapter, a criminal complaint brought pursuant to a violation of Section 367g may be filed within one year of the discovery of the offense or within one year after the offense could have reasonably been discovered.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision applies to crimes that were committed on or after January 1, 2021, and to crimes for which the statute of limitations that was in effect before January 1, 2021, has not run as of January 1, 2021.
</html:p>
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<ns0:BillSection id="id_A0DA8AB9-68DB-45C2-9C0D-FDA7150BF834">
<ns0:Num>SEC. 157.</ns0:Num>
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Section 888 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_27777E0A-AC04-4387-B1A2-CF53B7F6D280">
<ns0:Num>888.</ns0:Num>
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<ns0:Content>
<html:p>A grand jury is a body of the required number of persons returned from the citizens of the county before a court of competent jurisdiction, and sworn to inquire of public offenses committed or triable within the county.</html:p>
<html:p>Each grand jury or, if more than one has been duly impaneled pursuant to Sections 904.4 to 904.8, inclusive, one grand jury in each county, shall be charged and sworn to investigate or inquire into county matters of civil concern, such as the needs of county officers, including the abolition or creation of offices for, the purchase, lease, or sale of equipment for, or changes in the method or system of, performing the duties of the agencies subject to investigation pursuant to Section 914.1.</html:p>
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<ns0:BillSection id="id_F3FA83ED-CF27-44B1-A6A1-F18DDCF8954A">
<ns0:Num>SEC. 158.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:PEN: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'8.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1233.12.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 1233.12 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_26341822-CB78-4FE7-8BB5-5A57BF1F16F4">
<ns0:Num>1233.12.</ns0:Num>
<ns0:LawSectionVersion id="id_006269D9-4157-44B6-9594-3B29034F2161">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding Sections 1233.3 and 1233.4, in each of the 2022–23 and 2023–24 fiscal years, the amount of one hundred twenty-two million eight hundred twenty-nine thousand three hundred ninety-seven dollars ($122,829,397) is hereby appropriated from the General Fund to the State Community Corrections Performance Incentives Fund, established pursuant to Section 1233.6, for the community corrections program. Funds shall be allocated by the Controller to counties according to the requirements of the program and pursuant to the following schedule:
</html:p>
<html:table border="0" frame="void" id="id_DEDD95A0-6B3F-47E3-89E4-5A157028D977" rules="none" width="416">
<html:tbody>
<html:tr>
<html:td width="208">Alameda</html:td>
<html:td width="208">$ 2,760,919</html:td>
</html:tr>
<html:tr>
<html:td width="208">Alpine</html:td>
<html:td width="208">$ 200,000</html:td>
</html:tr>
<html:tr>
<html:td width="208">Amador</html:td>
<html:td width="208">$ 233,777</html:td>
</html:tr>
<html:tr>
<html:td width="208">Butte</html:td>
<html:td width="208">$ 416,404</html:td>
</html:tr>
<html:tr>
<html:td width="208">Calaveras</html:td>
<html:td width="208">$ 512,027</html:td>
</html:tr>
<html:tr>
<html:td width="208">Colusa</html:td>
<html:td width="208">$ 267,749</html:td>
</html:tr>
<html:tr>
<html:td width="208">Contra Costa</html:td>
<html:td width="208">$ 6,643,176</html:td>
</html:tr>
<html:tr>
<html:td width="208">Del Norte</html:td>
<html:td width="208">$ 200,000</html:td>
</html:tr>
<html:tr>
<html:td width="208">El Dorado</html:td>
<html:td width="208">$ 348,495</html:td>
</html:tr>
<html:tr>
<html:td width="208">Fresno</html:td>
<html:td width="208">$ 3,156,754</html:td>
</html:tr>
<html:tr>
<html:td width="208">Glenn</html:td>
<html:td width="208">$ 223,171</html:td>
</html:tr>
<html:tr>
<html:td width="208">Humboldt</html:td>
<html:td width="208">$ 1,055,456</html:td>
</html:tr>
<html:tr>
<html:td width="208">Imperial</html:td>
<html:td width="208">$ 203,247</html:td>
</html:tr>
<html:tr>
<html:td width="208">Inyo</html:td>
<html:td width="208">$ 222,098</html:td>
</html:tr>
<html:tr>
<html:td width="208">Kern</html:td>
<html:td width="208">$ 1,519,187</html:td>
</html:tr>
<html:tr>
<html:td width="208">Kings</html:td>
<html:td width="208">$ 1,105,869</html:td>
</html:tr>
<html:tr>
<html:td width="208">Lake</html:td>
<html:td width="208">$ 465,073</html:td>
</html:tr>
<html:tr>
<html:td width="208">Lassen</html:td>
<html:td width="208">$ 253,037</html:td>
</html:tr>
<html:tr>
<html:td width="208">Los Angeles</html:td>
<html:td width="208">$ 37,413,530</html:td>
</html:tr>
<html:tr>
<html:td width="208">Madera</html:td>
<html:td width="208">$ 1,237,543</html:td>
</html:tr>
<html:tr>
<html:td width="208">Marin</html:td>
<html:td width="208">$ 988,095</html:td>
</html:tr>
<html:tr>
<html:td width="208">Mariposa</html:td>
<html:td width="208">$ 200,000</html:td>
</html:tr>
<html:tr>
<html:td width="208">Mendocino</html:td>
<html:td width="208">$ 592,510</html:td>
</html:tr>
<html:tr>
<html:td width="208">Merced</html:td>
<html:td width="208">$ 1,032,961</html:td>
</html:tr>
<html:tr>
<html:td width="208">Modoc</html:td>
<html:td width="208">$ 202,975</html:td>
</html:tr>
<html:tr>
<html:td width="208">Mono</html:td>
<html:td width="208">$ 257,466</html:td>
</html:tr>
<html:tr>
<html:td width="208">Monterey</html:td>
<html:td width="208">$ 300,463</html:td>
</html:tr>
<html:tr>
<html:td width="208">Napa</html:td>
<html:td width="208">$ 329,767</html:td>
</html:tr>
<html:tr>
<html:td width="208">Nevada</html:td>
<html:td width="208">$ 669,278</html:td>
</html:tr>
<html:tr>
<html:td width="208">Orange</html:td>
<html:td width="208">$ 4,973,540</html:td>
</html:tr>
<html:tr>
<html:td width="208">Placer</html:td>
<html:td width="208">$ 545,848</html:td>
</html:tr>
<html:tr>
<html:td width="208">Plumas</html:td>
<html:td width="208">$
442,681</html:td>
</html:tr>
<html:tr>
<html:td width="208">Riverside</html:td>
<html:td width="208">$ 6,954,331</html:td>
</html:tr>
<html:tr>
<html:td width="208">Sacramento</html:td>
<html:td width="208">$ 12,329,233</html:td>
</html:tr>
<html:tr>
<html:td width="208">San Benito</html:td>
<html:td width="208">$ 282,215</html:td>
</html:tr>
<html:tr>
<html:td width="208">San Bernardino</html:td>
<html:td width="208">$ 8,357,087</html:td>
</html:tr>
<html:tr>
<html:td width="208">San Diego</html:td>
<html:td width="208">$ 2,930,998</html:td>
</html:tr>
<html:tr>
<html:td width="208">San Francisco</html:td>
<html:td width="208">$ 3,060,552</html:td>
</html:tr>
<html:tr>
<html:td width="208">San Joaquin</html:td>
<html:td width="208">$ 2,227,270</html:td>
</html:tr>
<html:tr>
<html:td width="208">San Luis Obispo</html:td>
<html:td width="208">$ 1,322,460</html:td>
</html:tr>
<html:tr>
<html:td width="208">San Mateo</html:td>
<html:td width="208">$ 1,175,827</html:td>
</html:tr>
<html:tr>
<html:td width="208">Santa Barbara</html:td>
<html:td width="208">$ 1,416,944</html:td>
</html:tr>
<html:tr>
<html:td width="208">Santa Clara</html:td>
<html:td width="208">$ 1,747,784</html:td>
</html:tr>
<html:tr>
<html:td width="208">Santa Cruz</html:td>
<html:td width="208">$ 1,746,643</html:td>
</html:tr>
<html:tr>
<html:td width="208">Shasta</html:td>
<html:td width="208">$ 512,037</html:td>
</html:tr>
<html:tr>
<html:td width="208">Sierra</html:td>
<html:td width="208">$
215,489</html:td>
</html:tr>
<html:tr>
<html:td width="208">Siskiyou</html:td>
<html:td width="208">$ 284,355</html:td>
</html:tr>
<html:tr>
<html:td width="208">Solano</html:td>
<html:td width="208">$ 807,241</html:td>
</html:tr>
<html:tr>
<html:td width="208">Sonoma</html:td>
<html:td width="208">$ 1,067,821</html:td>
</html:tr>
<html:tr>
<html:td width="208">Stanislaus</html:td>
<html:td width="208">$ 1,286,879</html:td>
</html:tr>
<html:tr>
<html:td width="208">Sutter</html:td>
<html:td width="208">$ 738,100</html:td>
</html:tr>
<html:tr>
<html:td width="208">Tehama</html:td>
<html:td width="208">$ 458,088</html:td>
</html:tr>
<html:tr>
<html:td width="208">Trinity</html:td>
<html:td width="208">$ 200,000</html:td>
</html:tr>
<html:tr>
<html:td width="208">Tulare</html:td>
<html:td width="208">$ 1,864,437</html:td>
</html:tr>
<html:tr>
<html:td width="208">Tuolumne</html:td>
<html:td width="208">$ 382,373</html:td>
</html:tr>
<html:tr>
<html:td width="208">Ventura</html:td>
<html:td width="208">$ 783,267</html:td>
</html:tr>
<html:tr>
<html:td width="208">Yolo</html:td>
<html:td width="208">$ 1,504,870</html:td>
</html:tr>
<html:tr>
<html:td width="208">Yuba</html:td>
<html:td width="208">$ 200,000</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding Sections 1233.3 and 1233.4, for the 2024–25 fiscal year, the amount of one hundred sixteen million one
hundred forty-four thousand nine hundred dollars ($116,144,900) is hereby appropriated from the General Fund to the State Community Corrections Performance Incentives Fund, established pursuant to Section 1233.6, for the community corrections program. Funds shall be allocated by the Controller to counties according to the requirements of the program and based on the amounts identified in subdivision (a) being reduced by 5.5 percent. For any county that would receive less than $200,000 after applying a 5.5-percent reduction, the county’s allocation shall be increased to $200,000.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The total annual payment to each county, as provided for in subdivisions (a) and (b) shall be divided into four equal quarterly payments.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A county that fails to provide the information required in Section 1231 to the Judicial Council shall not be eligible for payment pursuant to this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B9CFC896-A0DE-46F9-B7FF-056EB2190F64">
<ns0:Num>SEC. 159.</ns0:Num>
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Section 28230 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_B6AFB807-D4D7-49FE-A9F6-DE67FB16DF00">
<ns0:Num>28230.</ns0:Num>
<ns0:LawSectionVersion id="id_D09F85A1-1FA0-4CE8-84CE-FDD4696577A6">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Department of Justice may charge a fee sufficient to reimburse it for each of the following but not to exceed fourteen dollars ($14), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For the actual costs associated with the preparation, sale, processing, and filing of forms or reports required or utilized pursuant to any provision listed in subdivision (a) of Section 16585.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the actual costs associated with the preparation, sale, processing, and filing of reports utilized pursuant to Sections 26556, 26905, and 28050, or paragraph (2) of subdivision (e)
of Section 32000.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For the actual costs associated with the electronic or telephonic transfer of information pursuant to Section 28215.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Any costs incurred by the Department of Justice to implement this section shall be reimbursed from fees collected and charged pursuant to this section. No fees shall be charged to the dealer pursuant to Section 28225 for implementing this section.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_372051A1-7B9E-4AE9-BAC8-8B82C8304B19">
<ns0:Num>SEC. 160.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:PCC: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'CHAPTER'%20and%20caml%3ANum%3D'2.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'2051.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 2051 of the
<ns0:DocName>Public Contract Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3E71CDCD-6449-4861-B47C-9B5B38E290EC">
<ns0:Num>2051.</ns0:Num>
<ns0:LawSectionVersion id="id_F89BD5A9-E392-4319-A67A-03E788350ED0">
<ns0:Content>
<html:p>As used in this chapter, the following definitions apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Awarding department” means any state agency, department, governmental entity, including the California State University, or officer or entity empowered by law to enter into contracts on behalf of the State of California.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Department” means the Department of Transportation.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Minority,” for purposes of this section, means a citizen or lawful permanent resident of the United States who is an ethnic person of color and who is: Black (a person having origins in any of the Black racial groups of Africa); Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other
Spanish or Portuguese culture or origin regardless of race); Native American (an American Indian, Inuk, Aleut, or Native Hawaiian); Pacific-Asian (a person whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, or the United States Trust Territories of the Pacific, including the Northern Marianas); Asian-Indian (a person whose origins are from India, Pakistan, or Bangladesh); or any other group of natural persons identified as minorities in the respective project specifications of an awarding department or participating local agency.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Minority business enterprise” means a business concern that meets all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The business is at least 51 percent owned by one or more minorities or, in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more
minorities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A business whose management and daily operations are controlled by one or more minorities who own the business.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A business concern with its home office located in the United States which is not a branch or subsidiary of a foreign corporation, firm, or other business.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Women business enterprise” means a business concern that meets all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The business is at least 51 percent owned by one or more women or, in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more women.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A business whose management and daily operations are controlled by one or more women who own the business.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A business concern with its home office located in the United States which is not a branch or subsidiary of a foreign corporation, firm, or other business.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A “disadvantaged business enterprise” means a business concern that is all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A “disadvantaged business” as that term is used in Part 23 of Title 49 of the Code of Federal Regulations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An individual proprietorship, partnership, corporation, or joint venture.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Organized for profit, with a place of business located in the United States and which makes a significant contribution to the United States economy through payment of taxes or use of American products, materials, or labor.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Participating state or local agency” means any state or local agency that elects to participate in the certification process pursuant to this chapter. For purposes of this subdivision, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“District” means an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Local agency” means a county or city, whether general law or chartered, city and county, school district, or other district.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“State agency” means any department, division, board, bureau, commission, or agency of the executive branch of government.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_9978B8F2-84E0-4E04-9197-76D740B0D459">
<ns0:Num>SEC. 161.</ns0:Num>
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Section 10115.1 of the
<ns0:DocName>Public Contract Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_9FAB786E-FD5C-4FC9-9CD7-2816E6BDCA67">
<ns0:Num>10115.1.</ns0:Num>
<ns0:LawSectionVersion id="id_066B4A0B-9881-46A4-9EA2-CC53BAE01A19">
<ns0:Content>
<html:p>As used in this article, the following definitions apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Awarding department” means a state agency, department, governmental entity, or other officer or entity empowered by law to enter into contracts on behalf of the State of California.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Contract” includes an agreement or joint development agreement to provide labor, services, material, supplies, or equipment in the performance of a contract, franchise, concession, or lease granted, let, or awarded for and on behalf of the State of California.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Contractor” means a person or persons, regardless of race, color, sex, ethnic origin or ancestry, or any firm, partnership, corporation, or
combination thereof, whether or not a minority or women business enterprise, who submits a bid and enters into a contract with a representative of a state agency, department, governmental entity, or other officer empowered by law to enter into contracts on behalf of the State of California.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Minority,” for purposes of this section, means a citizen or lawful permanent resident of the United States who is an ethnic person of color and who is: Black (a person having origins in any of the Black racial groups of Africa); Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin regardless of race); Native American (an American Indian, Inuk, Aleut, or Native Hawaiian); Pacific-Asian (a person whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, or the United States Trust Territories of the Pacific, including the Northern
Marianas); Asian-Indian (a person whose origins are from India, Pakistan, or Bangladesh); or any other group of natural persons identified as minorities in the respective project specifications of an awarding department or participating local agency.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Minority business enterprise” means a business concern that meets all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The business is an individual proprietorship, partnership, corporation, or joint venture at least 51 percent owned by one or more minorities or, in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more minorities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A business whose management and daily operations are controlled by one or more minorities who own the business.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A business
concern with its home office located in the United States which is not a branch or subsidiary of a foreign corporation, firm, or other business.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Women business enterprise” means a business concern that meets all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The business is an individual proprietorship, partnership, corporation, or joint venture at least 51 percent owned by one or more women or, in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more women.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A business whose management and daily operations are controlled by one or more women who own the business.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A business concern with its home office located in the United States which is not a branch or subsidiary of a foreign corporation, firm,
or other business.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Goal” means a numerically expressed objective that awarding departments and contractors are required to make efforts to achieve.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C3B64166-17FF-4ABA-A2E6-9FAF82C98A23">
<ns0:Num>SEC. 162.</ns0:Num>
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Section 12140 of the
<ns0:DocName>Public Contract Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_EE6A60F9-B30C-4F51-B033-99A4B21CD4AE">
<ns0:Num>12140.</ns0:Num>
<ns0:LawSectionVersion id="id_0838C25F-A4E5-4215-80B8-15EDBBAA9F65">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, any state agency authorized to enter into contracts relating to public benefit programs shall only contract for services provided by a call center that directly serves applicants for, recipients of, or enrollees in, those public benefit programs with a contractor that certifies in its bid for the contract that the services provided under the contract and any subcontract performed under that contract, to applicants for, recipients of, or enrollees in, those public benefit programs, will be performed solely with workers employed in California. Any contractor that knowingly provides false information in the certification required by this subdivision shall be subject to a civil penalty in an amount of up to ten thousand dollars ($10,000), in addition to any other remedies available to the state
agency. An action for a civil penalty under this subdivision may be brought by any public prosecutor in the name of the people of the State of California.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Call center” means a building, facility, or operation where customer or client services or assistance is provided by telephone, fax, email, text, or web-based interaction.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Public benefit programs” means California Work Opportunity and Responsibility to Kids (CalWORKs), CalFresh, Medi-Cal, Healthy Families, and the California Healthcare Eligibility, Enrollment, and Retention System.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The contract shall provide that in the event a contractor or subcontractor performs the contract or the subcontract for call center services with
workers not employed in California during the life of the contract, the state has the right to terminate the contract for noncompliance and the contractor or subcontractor shall pay a penalty to the state agency in an amount equal to the amount paid by the state agency for the percentage of work that was performed with workers not employed in California.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The penalty authorized in paragraph (1) shall be in addition to any other applicable penalty, including, but not limited to, the penalty provided in subdivision (a).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), a state agency may conduct a solicitation without applying this section if the California Health and Human Services Agency or the board of the California Health Benefit Exchange makes any of the following determinations:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A prior
solicitation was conducted and the bids received were priced unreasonably high as a result of including these provisions.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A prior solicitation was conducted and fewer than two bids were received as a result of including these provisions.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The services are needed in cases of emergency where immediate acquisition is necessary for the protection of the public health, welfare or safety.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the agency or board makes a determination described in paragraph (1), that entity shall submit a report to the Assembly Committee on Jobs, Economic Development and the Economy and to the Senate Committee on Labor and Industrial Relations on or before the last day of the quarter following the quarter in which the determination was made. The report shall include the reason for making the determination.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall not apply to the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A contract or subcontract, if implementation would violate the specific terms of the Agreement on Government Procurement of the World Trade Organization or any other bilateral or regional free trade agreement to which the State of California has consented.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A contract or subcontract, including extensions of that contract or subcontract, that results from a request for proposal or bid that occurred prior to the effective date of the act that adds this chapter.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A contract for a public benefit program between a state agency and a health care service plan or a specialized health care service plan regulated by the Department of Managed Health Care, and any subcontract performed under that contract,
or a disability insurer or specialized health insurer regulated by the Department of Insurance, and any subcontract performed under that contract.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall be construed so as to not conflict with, and be applied consistent with, federal law.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_EE95C414-FBA3-4D28-83DC-2CE6C1BB4EF7">
<ns0:Num>SEC. 163.</ns0:Num>
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Section 3206 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_E89CBAB9-79EE-4D35-B468-F9199024001B">
<ns0:Num>3206.</ns0:Num>
<ns0:LawSectionVersion id="id_801D02E5-C4BB-4CD3-AA61-AAC52EEB9F15">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
No later than May 1 of each year, the operator of any idle well shall do either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For each idle well that was an idle well at any time in the last calendar year, file with the supervisor an annual fee equal to the sum of the following amounts:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
One thousand dollars ($1,000) for each idle well that has been an idle well for less than three years.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Two thousand five hundred dollars ($2,500) for each idle well that has been an idle well for three years or longer, but less than eight years.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Five thousand dollars ($5,000) for each idle well that
has been an idle well for 8 years or longer, but less than 15 years.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Twelve thousand five hundred dollars ($12,500) for each idle well that has been an idle well 15 years or longer, but less than 20 years.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Until January 1, 2029, twenty-two thousand five hundred dollars ($22,500) for each idle well that has been an idle well for 20 years or longer.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
On and after January 1, 2029, twenty-two thousand five hundred dollars ($22,500) for each idle well that has been an idle well for 20 years or longer, but less than 25 years.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
On and after January 1, 2029, sixty thousand dollars ($60,000) for each idle well that has been an idle well for 25 years or longer.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
File a plan with the supervisor to provide for the management and elimination of all idle wells. For purposes of the plan, elimination of an idle well shall be accomplished when the well has been properly abandoned in accordance with Section 3208, or it has been shown to the division’s satisfaction that, since the well became an idle well, the well has maintained production of oil or gas, maintained production of water used in production stimulation, or been used for enhanced oil recovery, reservoir pressure management, or injection for a continuous six-month period. The plan shall comply with all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Specify the calendar year or years that it covers. The plan and any renewal of the plan shall cover a time period of up to eight years.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Require the operator to consider all of the following when prioritizing idle wells for plugging and
abandonment, in addition to priorities identified by the supervisor in regulations:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The age of the idle well.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Any indication that the idle well potentially poses a threat to life, health, property, or natural resources.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Wells that are located within 3,200 feet of a sensitive receptor, as defined in Section 3280.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Include notes indicating the basis for prioritizing wells.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Be subject to approval by the supervisor, who may prioritize the order in which idle wells are addressed.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Be reviewed for performance annually by the supervisor, and be subject to amendment by the supervisor, or by the operator with
the approval of the supervisor. An updated plan shall be required if there is a change in ownership or holdings of the operator.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The required rate of idle well elimination shall be based upon the number of idle wells under the control of an operator on January 1 of each year, as specified in subparagraph (G). If the operator has eliminated more wells than required in calendar year 2024 or any subsequent calendar year, the supervisor may deduct from the new requirement the number of idle wells eliminated in excess of those previously required. In addition, the supervisor may require additional well testing requirements as part of the plan.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For calendar years 2025 to 2027, inclusive, unless and until the operator has no idle wells, require that operators with 250 or fewer idle wells eliminate at least 5 percent of their idle wells each year, and, in
no case, less than 1 idle well; operators with 251 to 1,250, inclusive, idle wells eliminate at least 6 percent of their idle wells each year; operators with 1,251 to 3,000, inclusive, idle wells eliminate at least 7 percent of their idle wells each year; and operators with more than 3,000 idle wells eliminate at least 15 percent of their idle wells each year.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For calendar years 2028 and 2029, unless and until the operator has no idle wells, require that operators with 250 or fewer idle wells eliminate at least 6 percent of their idle wells each year, and, in no case, less than 1 idle well; operators with 251 to 1,250, inclusive, idle wells eliminate at least 8 percent of their idle wells each year; operators with 1,251 to 3,000, inclusive, idle wells eliminate at least 10 percent of their idle wells each year; and operators with more than 3,000 idle wells eliminate at least 18 percent of their idle wells each year.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For calendar year 2030 and all subsequent calendar years, unless and until the operator has no idle wells, require that operators with 250 or fewer idle wells eliminate at least 8 percent of their idle wells each year, and, in no case, less than 1 idle well; operators with 251 to 1,250, inclusive, idle wells eliminate at least 10 percent of their idle wells each year; operators with 1,251 to 3,000, inclusive, idle wells eliminate at least 15 percent of their idle wells each year; and operators with more than 3,000 idle wells eliminate at least 20 percent of their idle wells each year.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
An operator who fails to comply with the plan, as determined by the supervisor after the annual performance review, is not eligible to use the requirements of this paragraph, for purposes of compliance with this section, for any of its idle wells. An operator may appeal to the director
pursuant to Article 6 (commencing with Section 3350) regarding the supervisor’s rejection of a plan and plan amendments and the supervisor’s determination of the operator’s failure to comply with a plan. If the supervisor’s determination that the operator failed to comply with the plan is not timely appealed, or if the director upholds the supervisor’s determination upon appeal, the operator shall immediately file the fees required under paragraph (1) for each year that the operator failed to comply with the plan. That operator may not propose a new idle well plan under this paragraph for the next two years and then only if the operator has paid all required idle well fees and any associated late payment penalties and interest.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
All fees received under this section shall be deposited in the Hazardous and Idle-Deserted Well Abatement Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, the
moneys in the Hazardous and Idle-Deserted Well Abatement Fund are hereby continuously appropriated to the department for expenditure without regard to fiscal year, to mitigate a hazardous or potentially hazardous condition, by well plugging and abandonment, decommissioning the production facilities, or both, at a well of an operator subject to the requirements of this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The failure to file, for any well, the fee required under this section shall be conclusive evidence of desertion of the well, permitting the supervisor to order the well abandoned pursuant to Section 3237.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section does not prohibit a local agency from collecting a fee for regulation of wells.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Subject to the approval of the division, an idle well shall not be subject to the requirements of this section if the operator has made a
diligent effort to locate and access the well, and provided documentation of those efforts demonstrating that it is infeasible to locate or physically access the wellbore.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section does not apply to an idle well that is the subject of a court-approved settlement agreement entered into on or before December 31, 2024, between a local governmental entity and the operator of the idle well, if that settlement agreement imposes more stringent requirements relating to the management and elimination of idle wells than the requirements imposed by the amendments to this section made by Assembly Bill 1866 of the 2023–24 Regular Session of the Legislature.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_3F7CD1CF-AAD6-48AF-BBE5-A12B672ABD59">
<ns0:Num>SEC. 164.</ns0:Num>
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Section 6217.8 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_968348A1-100C-44DD-83F2-FD6854AF1D45">
<ns0:Num>6217.8.</ns0:Num>
<ns0:LawSectionVersion id="id_F0376ABB-DAEE-4774-9742-6A50B52FC17A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this section, “fund” means the Oil Trust Fund established pursuant to subdivision (b).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Oil Trust Fund is hereby established in the State Treasury, and the moneys in the fund are hereby appropriated to the commission in accordance with this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before March 1, 2006, the City of Long Beach shall pay to the commission all money, including both principal and interest, in the abandonment reserve fund that the city created in 1999 and that was the subject of the litigation in State of California ex rel. California State Lands Commission v. City of Long Beach (2005) 125 Cal.App.4th 767.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Controller shall deposit in the fund any funds paid to the commission pursuant to paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
On the last day of each month beginning January 31, 2025, the Controller shall transfer to the fund the amount of five million dollars ($5,000,000) or 50 percent of remaining oil revenue, as described in subdivision (d) of Section 4 of Chapter 138 of the Statutes of 1964, First Extraordinary Session, whichever is greater.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
All interest earned on the money in the abandonment reserve fund specified in paragraph (1) of subdivision (c) shall be transferred to the fund.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The commission shall expend the money from the fund solely to finance the costs of well abandonment, pipeline removal, facility removal, remediation, and other costs associated with removal of oil and
gas facilities from the Long Beach tidelands that are not the responsibility of other parties.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
All money remaining in the fund after completion of all activities described in paragraph (2) shall be transferred to the General Fund.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The moneys deposited in the fund are hereby appropriated to the commission commencing when all of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The City of Long Beach adopts a resolution declaring that the oil revenue described in subdivision (d) of Section 4 of Chapter 138 of the Statutes of 1964, First Extraordinary Session, is insufficient to fund the costs of activities described in paragraph (2) of subdivision (d) of this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The City of Long Beach transmits to the commission a copy of the resolution and all
necessary accompanying documentation, including a plan for expenditures for the activities described in paragraph (2) of subdivision (d).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The commission reviews the material provided in paragraph (2) and notifies the Controller within 60 calendar days of receiving the material specified in paragraph (2) that expenditure from the fund may be made so that activities described in paragraph (2) of subdivision (d) can begin. The commission shall provide a schedule for expenditures for disbursement of moneys from the fund to the City of Long Beach. The commission shall submit a copy of the schedule to the Department of Finance and to the fiscal and appropriate policy committees of the Legislature.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_1AC4843A-7AD4-45D9-803F-D7BC8AB50163">
<ns0:Num>SEC. 165.</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'30.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'42281.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 42281 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_EE333850-ACF5-41AC-874A-3E0E5A425D57">
<ns0:Num>42281.</ns0:Num>
<ns0:LawSectionVersion id="id_92BCFC0B-1C24-4631-9F16-1BA6EE2DF3E1">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, may sell or distribute a reusable grocery bag to a customer at the point of sale only if the reusable bag is made by a producer certified pursuant to this article to meet all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Has a handle and is designed for at least 125 uses, as provided in this article.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Has a volume capacity of at least 15 liters.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Is machine washable or made from a material that can be cleaned and disinfected.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Has printed on the bag, or on a tag
attached to the bag that is not intended to be removed, and in a manner visible to the consumer, all of the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The name of the manufacturer.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The country where the bag was manufactured.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A statement that the bag is a reusable bag and designed for at least 125 uses.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If the bag is eligible for recycling in the state, instructions to return the bag to the store for recycling or to another appropriate recycling location. If recyclable in the state, the bag shall include the chasing arrows recycling symbol or the term “recyclable,” consistent with the Federal Trade Commission guidelines use of that term, as updated.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Does not contain lead, cadmium, or any
other toxic material that may pose a threat to public health. A reusable bag manufacturer may demonstrate compliance with this requirement by obtaining a no objection letter from the federal Food and Drug Administration. This requirement shall not affect any authority of the Department of Toxic Substances Control pursuant to Article 14 (commencing with Section 25251) of Chapter 6.5 of Division 20 of the Health and Safety Code and, notwithstanding subdivision (c) of Section 25257.1 of the Health and Safety Code, the reusable grocery bag shall not be considered as a product category already regulated or subject to regulation.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Complies with Section 260.12 of Part 260 of Title 16 of the Code of Federal Regulations related to recyclable claims if the reusable grocery bag producer makes a claim that the reusable grocery bag is recyclable.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to
the requirements in subdivision (a), a reusable grocery bag made from plastic film shall meet all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
On and after January 1, 2016, it shall be made from a minimum of 20 percent postconsumer recycled material.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
On and after January 1, 2020, it shall be made from a minimum of 40 percent postconsumer recycled material.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
It shall be recyclable in this state.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
It shall have, in addition to the information required to be printed on the bag or on a tag, pursuant to paragraph (4) of subdivision (a), a statement that the bag is made partly or wholly from postconsumer recycled material and stating the postconsumer recycled material content percentage, as applicable.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
It shall be capable of carrying 22 pounds over a distance of 175 feet for a minimum of 125 uses and be at least 2.25 mils thick, measured according to the ASTM International standard D6988-13.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A reusable grocery bag made from plastic film that meets the specifications of the ASTM International standard D6400, as updated, is not required to meet the requirements of subparagraph (A) or (B) of paragraph (1), but shall be labeled in accordance with the applicable state law regarding compostable plastics.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In addition to the requirements of subdivision (a), a reusable grocery bag that is not made of plastic film and that is made from any other natural or synthetic fabric, including, but not limited to, woven or nonwoven nylon, polypropylene, polyethylene-terephthalate, or Tyvek, shall satisfy all of the
following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
It shall be sewn.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
It shall be capable of carrying 22 pounds over a distance of 175 feet for a minimum of 125 uses.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
It shall have a minimum fabric weight of at least 80 grams per square meter.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
On and after July 1, 2016, a store as defined in paragraph (3), (4), or (5) of subdivision (g) of Section 42280, shall comply with the requirements of this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2026, 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_58A664F3-2510-419A-8C40-0DE7B9CB8469">
<ns0:Num>SEC. 166.</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'30.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'42282.1.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 42282.1 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_7250A643-AFB2-4904-B59A-11D0D90628F1">
<ns0:Num>42282.1.</ns0:Num>
<ns0:LawSectionVersion id="id_D08B3E9B-5C5E-4663-A0BD-ACD922A5D378">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A reusable grocery bag producer shall submit the fee established pursuant to subdivision (b) to the department when providing proof of certification or recertification pursuant to Sections 42281.5 and 42282.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall establish an administrative certification fee schedule that will generate fee revenues sufficient to cover, but not exceed, the department’s reasonable costs to implement this article. The department shall deposit all moneys submitted pursuant to this section into the Reusable Grocery Bag Fund, which is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund are continuously appropriated, without regard to fiscal year, to the department for the purpose of implementing this
article.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D6EE7170-0233-4F39-9512-835DD33769D9">
<ns0:Num>SEC. 167.</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'30.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'42283.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended by Stats. 2024, Ch. 453, Sec. 9. [id_a2f42fb0-a840-11ef-a579-af09e4d01935]" ns3:type="locator">
Section 42283 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
, as amended by Section 9 of Chapter 453 of the Statutes of 2024, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_EE809243-C7B5-47CE-A77F-9810E9BAB5A8">
<ns0:Num>42283.</ns0:Num>
<ns0:LawSectionVersion id="id_D6EFE3A1-D02B-400E-BDB9-EF9DFC6AEE55">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as provided in subdivision (e), on and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, shall not provide a single-use carryout bag to a customer at the point of sale.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, shall not sell or distribute a reusable grocery bag at the point of sale except as provided in this subdivision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
On and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, may make available for purchase at the point of sale a reusable grocery bag that meets the requirements of Section
42281.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
On and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, that makes reusable grocery bags available for purchase pursuant to paragraph (2) shall not sell the reusable grocery bag for less than ten cents ($0.10) in order to ensure that the cost of providing a reusable grocery bag is not subsidized by a customer who does not require that bag.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, shall not sell or distribute a recycled paper bag except as provided in this subdivision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, may make available for purchase a recycled paper bag. On and after July 1, 2015, the store shall not sell a
recycled paper bag for less than ten cents ($0.10) in order to ensure that the cost of providing a recycled paper bag is not subsidized by a consumer who does not require that bag.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding any other law, on and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, that makes reusable grocery bags or recycled paper bags available for purchase at the point of sale shall provide a reusable grocery bag or a recycled paper bag at no cost at the point of sale to a customer using a payment card or voucher issued by the California Special Supplemental Nutrition Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or an electronic benefit transfer card issued pursuant to Section 10072 of the Welfare and Institutions Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
On and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, may distribute a compostable bag at the point of sale, if the compostable bag is provided to the consumer at the cost specified pursuant to paragraph (2), the compostable bag, at a minimum, meets the ASTM International standard D6400, as updated, and in the jurisdiction where the compostable bag is sold and in the jurisdiction where the store is located, both of the following requirements are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A majority of the residential households in the jurisdiction have access to curbside collection of food waste for composting.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The governing authority for the jurisdiction has voted to allow stores in the jurisdiction to sell to consumers at the point of sale a compostable bag at a cost not less than the actual cost of the bag, which the Legislature hereby
finds to be not less than ten cents ($0.10) per bag.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, shall not require a customer to use, purchase, or accept a single-use carryout bag, recycled paper bag, compostable bag, or reusable grocery bag as a condition of sale of any product.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_3DB2BDE5-09F1-4978-B85C-1EBF3A4DF5B9">
<ns0:Num>SEC. 168.</ns0:Num>
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Section 42283 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
, as added by Section 10 of Chapter 453 of the Statutes of 2024, is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_EF4C4E3D-0CFF-4580-8970-196BFCE3499C">
<ns0:Num>42283.</ns0:Num>
<ns0:LawSectionVersion id="id_E4090982-2C40-4F22-BCE0-FD152AA04E35">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as provided in subdivisions (b) and (c), a store shall not provide, distribute, or sell a carryout bag at the point of sale.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A store may make available for purchase at the point of sale a recycled paper bag but shall not sell a recycled paper bag for less than ten cents ($0.10) in order to ensure that the cost of providing a recycled paper bag is not subsidized by a consumer who does not require that bag.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding any other law, a store that makes recycled paper bags available for purchase at the point of sale shall provide a recycled paper bag at no cost at the point of sale to a customer using a payment card or voucher issued by the California
Special Supplemental Nutrition Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or an electronic benefit transfer card issued pursuant to Section 10072 of the Welfare and Institutions Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A store may provide at the point of sale a carryout bag that meets the requirements of subparagraph (A), (B), or (D) of paragraph (2) of subdivision (a) of Section 42280.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A store shall not require a customer to use, purchase, or accept a recycled paper bag or a compostable bag as a condition of sale of any product.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2026.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D361AFEF-D129-48E4-A16B-4CA18BA45573">
<ns0:Num>SEC. 169.</ns0:Num>
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Section 42968.32 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_2D241475-4876-4D1F-8764-3B78EEBBEBA0">
<ns0:Num>42968.32.</ns0:Num>
<ns0:LawSectionVersion id="id_6EAB4F44-66A9-4368-AFB5-93E8E5C2DA1F">
<ns0:Content>
<html:p>A producer responsibility plan for covered products shall do all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Be designed to accept and manage all postconsumer covered products.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Include the name and contact information of each producer and brand covered under the producer responsibility plan. The contact information shall include the producer’s email address, phone number, and mailing and physical address.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Explain the producer responsibility organization’s funding methods, and explain how those methods will fully fund the producer responsibility organization in a manner that equitably distributes the producer responsibility organization’s costs among the producers
pursuant to subdivision (a) of Section 42968.23.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Include the fee required by Section 42968.51 and a description of how it is calculated.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Include the fee required by Section 42968.52, a description of how it is calculated, and an explanation of how it complies with Section 42968.52.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Include a five-year budget that establishes a funding level sufficient to operate the producer responsibility organization in a prudent and responsible manner. The budget shall demonstrate how estimated revenues will cover all budgeted costs for each cost category. Budgeted costs shall include, but not be limited to, administrative costs, education and outreach costs, operational costs, capital costs, and a reserve.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Administrative
costs shall include the department’s actual and reasonable regulatory costs, which include full personnel costs, to implement and enforce this chapter as the criteria for all the costs are defined in the regulations adopted pursuant to Section 42968.1. For purposes of this paragraph, producer responsibility organization implementation begins once the department approves the producer responsibility organization’s producer responsibility plan, except the department’s costs shall include actual regulatory development costs and other startup costs incurred prior to producer responsibility plan submittal and approval.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The reserve shall include funds to operate the producer responsibility organization should there be unexpected events, losses of income, or large unbudgeted expenses. It shall also protect the recycling infrastructure the producer responsibility organization relies on in its producer responsibility plan during any lapse in producer
participation during the life of the program. The reserve cost category shall include a reserve level amount and description justifying the reserve level amount indicated. The producer responsibility organization shall maintain reserve funds sufficient to operate the producer responsibility plan for no less than six months. In the event that a new producer responsibility organization is approved by the department, the producer responsibility organization shall establish its reserve and maintain the required reserve fund balance by the end of the second year of producer responsibility plan operation. In the event that the producer responsibility organization’s producer responsibility plan expires or is revoked, the reserve balance shall be transferred to a successor producer responsibility organization or a trustee, pursuant to subdivision (j).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Include quantifiable five-year and annual performance standards and metrics for each covered
product category until such time as the department publishes performance standards pursuant to Section 42968.34. The producer responsibility organization shall amend its producer responsibility plan to meet the performance standards published by the department. Performance standards published by the department pursuant to this subdivision shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Performance standards may include, but are not limited to, collection, reduction in disposal, and maximizing recycling.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Describe how the producer responsibility organization will provide free dropoff and convenient collection system for covered products, which shall include approved collection sites in each county of the state that provide for a reasonable geographic spread of permanent collection
sites and an explanation for the geographic spread.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department may by regulation adjust the minimum number of required approved collection sites described in paragraph (1) to ensure that consumers have sufficient convenient access to approved collection sites, applicable to a producer responsibility plan addressing collection of covered products, if the department has substantial evidence that allowing for this adjustment will increase the collection of covered products or is otherwise justified considering the population or geographic attributes of the county. For counties bordering another state, the number of approved collection sites within that county may include a facility located in an adjacent state if that facility is regularly involved in the management of that county’s solid waste and recyclables.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Describe how approved collection sites will be authorized and
managed, including all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The process by which the producer responsibility organization will provide for the collection, storage, and transport of covered products from the approved collection sites to an authorized recycling facility.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
How the producer responsibility organization will ensure the cost-effective sorting of covered products using the best available technology to avoid any recyclable materials from being disposed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
How the producer responsibility organization will maintain all collection and transport records and make them available to the department upon request.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A list of all proposed rules, conditions, and requirements for authorized collectors, including a template proposed agreement.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
How the producer responsibility organization will maximize the recycling of covered products, including prioritizing reuse and closed loop recycling.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
How the producer responsibility organization will maximize the collection and reuse of convention carpet, including no less than 20 percent reuse by 2028.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The process by which covered products will be managed following collection at approved collection sites, including:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
How covered products will be handled and managed according to the waste hierarchy as defined in Section 40051.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
How the producer responsibility organization will maximize the recycling of covered products.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
How the producer responsibility organization will minimize disposal of covered products collected by the producer responsibility organization.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A description of the producer responsibility organization’s annual assessment and the metrics it will use to determine how collection, sorting, and transportation outcomes aligned with projections.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
How the producer responsibility organization will improve the collection, processing, and recycling operations for covered products, including, but not limited to, pilot programs to test new processes, methods, or equipment.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
How approved collection sites will be operated to ensure that covered products are collected at no cost, safely, and handled in accordance with all applicable state and federal laws.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Describe the statewide education and outreach program’s efforts to various audiences, including, but not limited to, consumers, commercial building owners, covered product installation contractors, construction and demolition contractors, retailers, and wholesalers to promote their participation in achieving the purposes of the producer responsibility plan. These education and outreach materials shall include, but are not limited to, any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Signage that is prominently displayed and easily visible.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Written materials and templates of materials to be provided to covered product installation contractors and consumers at the time of purchase or delivery, or both.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Promotional materials or activities, or both,
that explain the purpose of the producer responsibility organization and the means by which it is being carried out.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An internet website that publicizes the location of approved collection sites and provides information on how to drop off covered products at the free and convenient network of approved collection sites offered by the producer responsibility organization, including any information reasonably necessary to safely and conveniently access the collection and recycling services offered by the producer responsibility organization.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
All signage and materials required for approved collection sites by the producer responsibility organization, and a description of the method by which approved collection sites can access replacement materials at no cost to the approved collection site.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A description of
efforts to support participation by all California communities, including a description of efforts to communicate in languages other than English.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
A description of strategies, goals, and metrics used to determine the success of the producer responsibility plan implementation and statewide education and outreach program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The statewide education and outreach program shall promote the safe and proper management of covered products, including source reduction and environmentally preferable purchasing of covered products.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The statewide education and outreach plan program shall include information for consumers about how to avoid improper disposal of covered products.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The statewide education and outreach program shall include a survey to
consumers and contractors regarding their awareness of the producer responsibility plan, their use of resources available to them under the producer responsibility plan, including collection sites, and why they do or do not use those resources. The survey shall occur once every three years.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Include a contingency plan that takes effect in the event the producer responsibility plan expires or is revoked. The contingency plan shall guarantee that the contracts, financial data, and other necessary authority and assets to operate the program shall vest in a trustee approved by the department. The trustee shall operate the most recently approved producer responsibility plan, subject to the direction of the department, until that time as a new producer responsibility plan is approved. Upon producer responsibility plan expiration or revocation of the producer responsibility plan, the balance of the producer responsibility organization’s operating
reserves collected pursuant to subdivision (d) shall be transferred to the control of the trustee within five calendar days, along with all documents, digital records, contracts, and files related to the operation of the producer responsibility plan.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Allocate annual grants to apprenticeship programs for training apprentices and journey-level carpet installers in proper carpet recycling techniques, including installation and removal techniques that maximize the recyclability of carpet. The producer responsibility plan shall provide for annual grants to joint apprenticeship programs approved by the Division of Apprenticeship Standards to train carpet installers, with the amount divided evenly between programs in northern California and southern California.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Prioritize expenditure of assessments collected pursuant to Section 42972 on activities to
carry out the producer responsibility plan in California.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Consistent with paragraph (4) of subdivision (a) of Section 42972, commencing with the fiscal year beginning July 1, 2025, and for each fiscal year thereafter, the program shall allocate 8 percent of assessments collected pursuant to Section 42972, as determined by the department, for grants to apprenticeship programs, subject to the requirements and conditions of this section. Any portion of the 8 percent that is not awarded and used in a fiscal year shall be credited to the amount to be allocated or awarded in the following fiscal year pursuant to this section, thereby reducing the amount allocated or awarded in the following fiscal year by the amount of the credit.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An apprenticeship program shall apply to the producer responsibility organization for a grant. The apprenticeship program shall submit a report to the
producer responsibility organization and the department outlining its expenditure of the grant funds for purposes of this program prior to receipt of new grants.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Provide for the payment to an approved collection site for accepting, collecting, storing, transporting, and handling covered products in an amount determined by the approved collection site and the producer responsibility organization. Payment of these costs shall be reflected in the budget pursuant to subdivision (e).
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
Explain how producers will, on and after January 1, 2027, through the use of a standardized stamping or some other means, provide a visual mark on the back of a covered product that is a synthetic material to allow expeditious sorting of the carpet, by 2027.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
Require carpet to contain 5 percent of postconsumer recycled carpet
content by 2028. The department may, for the year 2029 and any year thereafter, set the rate for postconsumer recycled carpet to be required in carpet.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
Include written certification by an authorized representative of the producer responsibility organization that, at the time of submission to the department, the producer responsibility plan, including all aspects of the producer responsibility plan related to the collection, transportation, and management of covered products, is in compliance with all applicable state and federal laws and regulations.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A94E7AB2-E509-425F-B44D-3C24BE157699">
<ns0:Num>SEC. 170.</ns0:Num>
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Section 42968.62 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E1881679-A7DF-4C55-9B73-C9467E9967BF">
<ns0:Num>42968.62.</ns0:Num>
<ns0:LawSectionVersion id="id_E2E05845-B91C-4136-9E4E-2F08EEAE88B4">
<ns0:Content>
<html:p>On or before July 1 of each year, the producer responsibility organization shall submit in the form and manner determined by the department an annual report and make the report publicly available on the producer responsibility organization’s internet website. The report shall include all of the following information for the preceding calendar year:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The producer responsibility organization’s revenues and costs, with the costs according to the cost categories established in the producer responsibility plan.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A summary of any anticipated changes to allocations in cost categories for the following calendar year.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Any changes to the distribution of
participating producers’ costs pursuant to subdivision (a) of Section 42968.23.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The square footage, yardage, weight, or other metric, as determined by the department, of covered products, by carpet type, for each of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Covered product that was collected.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Covered product that was processed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Covered product that was recycled.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Covered product that was disposed.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A list of the producer responsibility organization’s collection sites, by name, location, and type.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
An updated list of the names and contact information, including
email address, phone number, and physical and mailing addresses of producers.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A description of methods used to collect, transport, recycle, and divert covered products by the producer responsibility organization including a description of all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
How the producer responsibility organization handled and managed covered products according to the priority of waste management practices provided in Section 40051.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
How the producer responsibility organization maximized recycling of all covered products.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
How the producer responsibility organization minimized disposal of all covered products collected by the producer responsibility organization.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Results of the
producer responsibility organization’s assessment of the efficacy of the collection, sorting, and transportation processes pursuant to paragraph (8) of subdivision (h) of Section 42968.32.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A description of how the producer responsibility organization improved the collection, processing, and recycling operations for covered products, including, but not limited to, pilot programs to test new processes, methods, or equipment.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A description of outreach efforts and education, including, but not limited to, education and outreach provided by the producer responsibility organization for the purpose of promoting the collection, reuse, and recycling of covered products. This includes messaging on environmentally preferable purchasing.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Findings from the evaluation of the comprehensive statewide education and
outreach program required by subdivision (i) of Section 42968.32.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
A report on activities the producer responsibility organization has undertaken to prioritize the use of sorting and recycling facilities located closer to the point of generation to minimize transportation emissions and increase accountability for the ultimate disposition of collected covered products.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Any other information deemed relevant by the producer responsibility organization for the department to determine compliance with the approved producer responsibility plan.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Any other information required by regulations adopted pursuant to Section 42968.1.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_7957398F-666A-4A20-BDE1-9B4BE82FFBCE">
<ns0:Num>SEC. 171.</ns0:Num>
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Section 42968.71 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_D8FE24FE-46D1-47F2-B976-A05FED597954">
<ns0:Num>42968.71.</ns0:Num>
<ns0:LawSectionVersion id="id_8041C4DF-1739-40EA-87CE-17CE8227F494">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
An administrative penalty up to the following amounts may be administratively imposed by the department on the producer responsibility organization or a producer who is in violation of any provision of this chapter:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Ten thousand dollars ($10,000) per day.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Twenty-five thousand dollars ($25,000) per day if the violation is intentional or knowing.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In assessing or reviewing the amount of an administrative penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The nature
and extent of the violation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The number and severity of the violation or violations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The economic effect of the penalty on the violator.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The willfulness of the violator’s misconduct.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Any other factor that justice may require.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Upon a written finding that a producer responsibility
organization, producer, importer, distributor, wholesaler, or any other party regulated has not met a material requirement of this chapter, in addition to any other penalties authorized under this chapter, the department may take one or both of the following actions to ensure compliance with the requirements of this chapter, after affording the producer responsibility organization, producer, importer, distributor, wholesaler, or any other party regulated a reasonable opportunity to respond to, or rebut, the finding:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Revoke the producer responsibility organization’s producer responsibility plan approval or require the producer responsibility organization to resubmit the producer responsibility plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Require additional reporting relating to compliance with the material requirement of this chapter that was not met.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall establish, through regulations adopted pursuant to Section 42968.1, a process that shall include an informal hearing process by which the penalties will be assessed.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department shall deposit all penalties collected pursuant to this section into the Carpet Responsibility Penalty Account. Upon appropriation by the Legislature, moneys in the Carpet Responsibility Penalty Account shall be available for expenditure by the department on activities related to the collection and recycling of covered products, grants for related purposes, and the administration and enforcement of this chapter.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The Administrative Adjudication Bill of Rights, as set forth in Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, applies to hearings conducted under this chapter and mandates minimum due
process.
</html:p>
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</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_15255918-F622-4AF5-835D-61E7488F23EE">
<ns0:Num>SEC. 172.</ns0:Num>
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Section 42968.74 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_F4FCA8BB-8268-449E-9F7D-AA2878DACA88">
<ns0:Num>42968.74.</ns0:Num>
<ns0:LawSectionVersion id="id_82E341FF-F9CC-4608-BB98-2053C5EA0161">
<ns0:Content>
<html:p>After the time for judicial review under Section 11523 of the Government Code has expired, the department may apply to the small claims court or superior court, depending on the jurisdictional amount and any other remedy sought, in the county where the penalties, restitution, or other remedy was imposed by the department, for a judgment to collect any unpaid penalties or restitution or to enforce any other remedy provided by this chapter. The application, which shall include a certified copy of the final agency order or decision, shall constitute a sufficient showing to warrant the issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered shall have the same force and effect as, and shall be subject to, all the provisions of law relating to a judgment in a civil action
and may be enforced in the same manner as any other judgment of the court. The court shall make enforcement of the judgment a priority.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B23D9286-5535-486A-9A03-FCE729B36BAD">
<ns0:Num>SEC. 173.</ns0:Num>
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Section 42984.3 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_AF8791ED-33A7-4ED9-A694-0F60325DB943">
<ns0:Num>42984.3.</ns0:Num>
<ns0:LawSectionVersion id="id_16CE206C-F25D-467F-AD66-DC3699555CDC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Apparel” means clothing and accessory items intended for regular wear or formal occasions and outdoor activities. For purposes of this chapter “apparel” includes only undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, swimwear, formal wear, onesies, bibs, footwear, handbags, backpacks, knitted and woven accessories, jackets, coats, snow pants, ski pants, and everyday uniforms for workwear.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Apparel” does not include any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Personal protective equipment or clothing items for use by the United States
military.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Personal protective equipment worn to protect the wearer from health or environmental hazards.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Reusable products designed to collect and absorb urine and feces, or reusable products regulated by the United States Food and Drug Administration that are designed to collect and absorb menstruation or vaginal discharge.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Authorized collector” means a person or entity that has entered into an agreement with a PRO to collect covered products.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Authorized sorter” means a person or entity that has entered into an agreement with a PRO to sort covered products collected by authorized collectors.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Authorized repair business” means a person or entity that has entered into
an agreement with a PRO to repair covered products for resale after collection by an authorized collector or after sorting by an authorized sorter.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Brand” means a trademark, including both a registered trademark and an unregistered trademark, a logo, a name, a symbol, a word, an identifier, or a traceable mark that identifies a covered product and identifies the owner or licensee of the brand.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Collection box” means an unattended container, box, receptacle, or similar device used for soliciting and collecting donations of covered products, including apparel or textile articles.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Collection site” means a permanent or temporary location operated by an authorized collector at which covered products are collected and prepared for transport in accordance with the requirements of this chapter.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Consumer” means an owner of a covered product, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity, and includes the ultimate purchaser, owner, or lessee of a covered product, who is not, as to that covered product, the distributor, importer, producer, recycler, retailer, or PRO.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Covered product” means an apparel or textile article.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Covered product” does not include any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A product covered under the Used Mattress Recovery and Recycling Act (Chapter 21 (commencing with Section 42985)).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A product covered under the Electronic Waste Recycling Act of 2003 (Chapter 8.5
(commencing with Section 42460)).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A product covered under the Product Stewardship for Carpets law (Chapter 20 (commencing with Section 42970)).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An automated, motorized, battery, or manual window covering that is operated using an electric motor or other automated system, or manually adjusted by pulling cords or lifting mechanisms.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
“Department” means the Department of Resources Recycling and Recovery or a successor agency.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
“Distributor” means a company that has a contractual relationship with one or more producers to market and sell covered products to a retailer.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
“Importer” means either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A person qualifying as an importer of record for purposes of Section 1484(a)(2)(B) of Title 19 of the United States Code with regard to the import of a covered product that is sold, distributed for sale, or offered for sale in or into the state that was manufactured or assembled by a company outside of the United States.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A person importing into the state for sale, distributing for sale, or offering for sale in the state a covered product that was manufactured or assembled by a company physically located outside of the state.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
“Local jurisdiction” means a city, county, city and county, or a regional agency formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code or Article 3 (commencing with Section 40970) of Chapter 1 of Part 2 of this code, or a special district that provides solid waste collection
services.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
“Mail-back program” means a method of collecting covered products using prepaid, preaddressed mailing envelopes, boxes, or other means that are reusable, recyclable, or compostable.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
“Needs assessment” means a needs assessment prepared pursuant to Section 42984.6.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
“Nonprofit thrift store” has the same meaning as set forth in Section 6363.3 of the Revenue and Taxation Code.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
“Online marketplace” has the same meaning as set forth in Section 1749.8 of the Civil Code.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
“Person” has the same meaning as set forth in Section 40170.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Producer” means a person who manufactures a
covered product and who owns or is the licensee of the brand or trademark under which that covered product is sold, offered for sale, or distributed for sale in or into the state.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If there is no person in the state who is the producer for purposes of paragraph (1), the producer of the covered product is the owner of a brand or trademark or, if the owner is not in the state, the exclusive licensee of a brand or trademark under which the covered product is sold, imported for sale, offered for sale, or distributed for sale in or into the state, regardless of whether the trademark is registered. For purposes of this subdivision, an exclusive licensee is a person holding the exclusive right to use a trademark or brand in the state in connection with the manufacture, sale, or distribution for sale in or into the state of the covered product.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If there is no person in the state
who is the producer for purposes of paragraph (1) or (2), then the producer of the covered product is the person that imports the covered product into the state for sale or distribution.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If there is no other person in the state who is the producer for purposes of paragraph (1), (2), or (3), the producer of the covered product is the distributor, retailer, or wholesaler who sells the product in or into the state.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For the purposes of this chapter, the sale of a covered product shall be deemed to occur in the state if the covered product is delivered to the consumer in the state.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
This chapter does not prohibit a person who manufactures, distributes, imports, offers for sale, or sells the covered product from assuming some or all of the duties and liabilities of the producer of the covered product and
relieving from those duties and liabilities any other person who manufactures, distributes, imports, offers for sale, or sells the covered product.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Producer” does not include a seller that only sells secondhand covered products.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Producer” does not include a seller with less than one million dollars ($1,000,000) in annual aggregate global turnover adjusted annually pursuant to the California Consumer Price Index for All Urban Consumers for all items, as determined by the Department of Industrial Relations. The aggregate global turnover of a producer within the meaning of this chapter shall be calculated by adding together the respective turnovers of all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The producer concerned.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Those entities in which the producer is
concerned, directly or indirectly, as follows:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Owns more than one-half the capital or business assets.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Has the power to exercise more than one-half the voting rights.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Has the power to appoint more than one-half the members of the supervisory board, the administrative board, or bodies legally representing the undertakings.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Has the right to manage the entities’ affairs.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Those entities that have in the producer concerned the rights or powers listed in subparagraph (B).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Those entities in which an entity referred to in subparagraph (C) has the rights or powers listed in subparagraph (B).
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Those entities in which two or more entities as referred to in subparagraphs (A) to (D), inclusive, jointly have the rights or powers listed in subparagraph (B).
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
“Producer responsibility organization” or “PRO” means an organization that is exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986, is formed for the purpose of implementing a plan to meet the requirements of this chapter, and is approved by the department.
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
“Producer responsibility plan” or “plan” means the plan developed by the PRO for the collection, transportation, repair, recycling, and the safe and proper management of covered products pursuant to subdivision (a) of Section 42984.8 and submitted to the department for approval pursuant to subdivision (b) of Section 42984.8.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
“Recycle” or “recycling” has the same meaning as set forth in paragraphs (1), (2), and (3) of subdivision (aa) of Section 42041. To be considered recycled, covered products shall be recycled into new, reused, or reconstituted products.
</html:p>
<html:p>
(w)
<html:span class="EnSpace"/>
“Repair” means any alteration or improvement of damaged covered product deemed worth the cost of repair by criteria established by the plan, including, but not limited to, any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Redesigning and repurposing.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Mending rips, holes, seams, and hems.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Removing and repairing surface damage, such as pilling, stain removal, or abrasion.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Securing and reattaching
buttons and other fastenings.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Dyeing, redyeing, overdyeing, or printing of images on covered products.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Preparation for reuse and resale.
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
“Responsible end market” has the same meaning as set forth in subdivision (ad) of Section 42041.
</html:p>
<html:p>
(y)
<html:span class="EnSpace"/>
“Retailer” means a person who sells or offers for sale a covered product in or into the state to a person through any means, including, but not limited to, sales outlets, catalogs, the telephone, the internet, or any electronic means.
</html:p>
<html:p>
(z)
<html:span class="EnSpace"/>
“Reuse” means the resale of a collected covered product to a consumer for its original intended use with or without repair.
</html:p>
<html:p>
(aa)
<html:span class="EnSpace"/>
“Secondhand
covered product” means any covered product that has been previously owned by a consumer.
</html:p>
<html:p>
(ab)
<html:span class="EnSpace"/>
“Secondhand markets” means a retailer who sells secondhand covered products, including, but not limited to, thrift stores, collection box operators, online resale platforms, and flea markets.
</html:p>
<html:p>
(ac)
<html:span class="EnSpace"/>
“Sell” has the same meaning as set forth in Section 6006 of the Revenue and Taxation Code.
</html:p>
<html:p>
(ad)
<html:span class="EnSpace"/>
“Stewardship program” means a program established by a PRO pursuant to this chapter for the free, convenient, and safe collection, transportation, repair, recycling, and otherwise proper management of covered products.
</html:p>
<html:p>
(ae)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Textile article” means an item customarily used in households or businesses that are made entirely or primarily from a
natural, artificial, or synthetic fiber, yarn, or fabric. For purposes of this chapter, “textile article” includes only blankets, curtains, fabric window coverings, knitted and woven accessories, towels, tapestries, bedding, tablecloths, napkins, linens, and pillows.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Textile article” does not include single-use products including paper towels, paper napkins, toilet paper, facial tissue, and wet or dry wipes.
</html:p>
<html:p>
(af)
<html:span class="EnSpace"/>
“Third-party seller” has the same meaning as set forth in Section 1749.8 of the Civil Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D4523630-B71A-46D2-AEE4-E14088A88501">
<ns0:Num>SEC. 174.</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'30.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'20.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'42984.10.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 42984.10 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_4D93B3DB-38B2-4884-A2BB-549B5D7A8466">
<ns0:Num>42984.10.</ns0:Num>
<ns0:LawSectionVersion id="id_283E5657-38D9-4D9C-82EA-496A5C75B51E">
<ns0:Content>
<html:p>A plan for covered products shall be designed to accept and manage all postconsumer covered products and shall include all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The names and contact information, including email address, phone number, and mailing and physical addresses, of producers and brands of covered products covered under the plan.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A description of the method to establish and administer a means for fully funding the PRO in a manner that distributes the PRO’s costs among the producers that are part of the stewardship organization using a per unit eco-modulated fee that reflects California sales volumes, existing producer collection, repair, reuse, and recycling programs that help achieve the purpose of
this chapter, and the cost of reusing, repairing, recycling, or otherwise managing covered products pursuant to subdivision (a) of Section 42984.4.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A five-year budget that establishes a funding level sufficient to operate the PRO in a prudent and responsible manner. The budget shall demonstrate how estimated revenues will cover all budgeted costs for each cost category.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Budgeted costs shall include, but not be limited to, administrative costs, education and outreach costs, operational costs, capital costs, and a reserve to operate the PRO should there be unexpected events, such as losses of income, and large unbudgeted expenses in order to protect the recycling infrastructure the PRO relies upon in its plan, during any lapse in producer participation during the life of the program. The plan shall include a description of the types of activities related to each line-item
cost category. The reserve cost category shall include a reserve level amount and description justifying the reserve level amount indicated.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The PRO shall maintain reserve funds sufficient to operate the plan for no less than six months. If a new plan submitted by a PRO is approved by the department, the PRO shall establish its reserve and maintain the required reserve fund balance by the end of the second year of plan operation.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Administrative costs shall include the department’s actual and reasonable regulatory costs, which include full personnel costs, to implement and enforce this chapter as the criteria for all the costs that are defined in the regulations adopted pursuant to Section 42984.2. For the purposes of this paragraph, PRO implementation begins once the department approves a PRO’s plan, except the department’s costs shall include actual regulatory development
costs and other startup costs incurred prior to plan submittal and approval.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Quantifiable five-year and annual performance standards and metrics unless or until the department publishes performance standards pursuant to Section 42984.19. The PRO shall amend its plan to meet or exceed the performance standards published by the department.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A description of how the PRO will provide for a free and convenient dropoff or collection system for covered products, which shall include permanent collection sites and may include temporary collection sites and mail-back options, in each county of the state that meets both of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Provides for a minimum of 10 permanent collection sites or one permanent collection site per 25,000 people, whichever is greater, except as provided below:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A county with a population of 18,000 and under, as reported annually by the Department of Finance, shall have a minimum of three collection locations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A county with a population of between 18,001 and 50,000, inclusive, as reported annually by the Department of Finance, shall have a minimum of four collection locations.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A county with a population between 50,001 and 100,000, inclusive, as reported annually by the Department of Finance, shall have a minimum of eight collection locations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Provides for a reasonable geographic spread of permanent collection sites and an explanation for the geographic spread.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A description of how collection sites will be authorized and managed,
including all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A description of the process by which local jurisdictions can request to be a collection site pursuant to Section 42984.7.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A description of how the PRO will provide to collection sites at no cost the appropriate containers for covered products, training, signage, safety guidance, and educational materials.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An explanation of the process by which the PRO will provide for the transport of covered products at no cost from the collection sites to an authorized sorter, or directly to an authorized repair business, or recycling facility.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A description of how collection sites will be allowed to divert collected covered products to secondhand markets for reuse. Any diversion by collection sites pursuant to this
paragraph shall be consistent with the rules established pursuant to paragraph (5).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A list of all proposed rules, conditions, and requirements for authorized collectors, authorized sorters, and authorized repair businesses, including a template proposed agreement for each of those types of entities, as applicable.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A description of how the PRO will prioritize the use of secondhand markets and nonprofit thrift stores, as described in Section 6363.3 of the Revenue and Taxation Code, when establishing collection sites to meet the minimum requirements in subdivision (d).
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
How collection sites will be instructed to identify and reject counterfeit covered products.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A description of the process by which collected covered
products will be sorted, transported, processed, reused, and recycled following collection at collection sites, including all of the following:
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A description of how covered products will be handled and managed according to the waste management practices pursuant to Section 40051, including both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
How the plan will prioritize the reuse, including repair, of collected covered products.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Products designed for use by infants and children under 12 years of age with components that pose a risk of detachment, thus creating choking hazards, or containing components subject to Part 1303 (commencing with Section 1303.1) and Part 1307 (commencing with Section 1307.1) of Title 16 of the Code of Federal Regulations, including, but not limited to, metallic, vinyl, or plastic
snaps, zippers, grommets, closures, or appliqués may be excluded from repair and reuse by the PRO.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
How the plan will include the incentive payments, grants, and market development investments specified in clause (vii) to encourage reuse over recycling and other methods.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A description of how covered products will be sorted by authorized sorters, including a description of how the flow of covered products to and from authorized collectors, authorized sorters, authorized repair businesses, and recyclers will be tracked through final disposition.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A description of how the PRO will maximize the reuse and recycling of all covered products.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A description of how the PRO will minimize disposal of covered products
collected by the PRO.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
A description of how the PRO will prioritize, to the extent feasible, the use and development of sorting, repair, and recycling facilities located closer to the point of collection to minimize transportation-related emissions and increase accountability for the ultimate disposition of the covered products.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
A description of the annual assessment the PRO will conduct and the metrics it will use to determine how collection, sorting, and transportation outcomes aligned with projections.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
A description of how the plan will provide incentive payments, grants, and market development investments to support the infrastructure necessary to effectively implement the plan, including how incentive payments, grants, and market development investments will prioritize infrastructure closer to the
point of generation pursuant to clause (v).
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
A description of how the actions taken pursuant to clause (vii) will ensure that covered products are reused or recycled and have responsible and economically viable end markets.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A comprehensive statewide education and outreach program designed to educate consumers and promote participation in the program offered by the PRO. At a minimum, the comprehensive statewide education and outreach program shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A description of the education and communications for strategy being implemented to effectively promote participation in the stewardship program and provide the information necessary for effective participation by consumers, retailers, distributors, wholesalers, local jurisdictions, and others.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A joint internet website in coordination with all other PROs, as applicable, that publicizes the location of collection sites and provides information to consumers on how to drop off covered products at the free and convenient network of collection sites offered by the PRO, including any information reasonably necessary to safely and conveniently access the collection, repair, and recycling services offered by the PRO.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Signage that is prominently displayed and easily visible.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
All signage and materials required for collection sites by the PRO, and the method by which collection sites can access replacement materials at no cost to the collection site.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A description of efforts to support participation by all California communities, including a
description of efforts to communicate with consumers in languages other than English.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Promotional materials or activities, or both, that explain the purpose of the PRO and the means by which it is being carried out.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A description of how the PRO will encourage users to separate products that are not covered products from covered products, when appropriate, before submitting the covered products to an authorized collection site or mail-back program.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Materials designed to inform third-party sellers on online platforms of their duty to comply with the law and how to join the PRO.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Information to the public on secondhand markets and the benefits of reuse, including repair.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The statewide education and outreach program shall promote the safe and proper management of covered products, including information on where consumers can purchase repaired and reused covered products. This includes education and training for authorized collectors to incentivize domestic resale of usable covered products.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The statewide education and outreach program shall not promote the disposal of covered products in a manner inconsistent with the services offered by the plan.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The statewide education and outreach plan shall include information for consumers about how to avoid improper disposal of covered products.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A description of the strategies, goals, and metrics the PRO will use to annually assess and evaluate the efficacy of the comprehensive statewide
education and outreach program.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A description of how the PRO will coordinate with other PROs to avoid confusion to the public regarding program activities, including, but not limited to, education and outreach, including establishing point-of-sale messaging, a joint website, and toll-free telephone number for purposes of providing information on the program.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Coordination with, and a description of the efforts and methods used to coordinate activities with, all of the following entities who are responsive to a request from the PRO:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Other PROs.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Existing collection, reuse, and recycling programs.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Community-based organizations, including nonprofit thrift stores as described
in Section 6363.3 of the Revenue and Taxation Code, that contact the PRO and that are qualified to run or support collection events.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
A contingency plan in the event the plan expires or is revoked. The contingency plan shall guarantee that the contracts, financial data, and other necessary authority and assets to operate the program shall vest in a trustee approved by the department. The trustee shall operate the most recently approved plan, subject to the direction of the department, until such time as a new plan is approved. Upon plan expiration or revocation of the plan, the balance of the PRO’s operating reserves collected pursuant to paragraph (4) of subdivision (b) shall be transferred to the control of the trustee within five calendar days. All documents, digital records, contracts, and files related to the operation of the plan shall be transferred to the control of the trustee within five calendar days.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Develop a program to support laundries for laundering covered products that includes funding for technology that reduces water consumption and improves microfiber and microplastic filtration.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
A description of how the plan will address the presence of PFAS and other chemicals regulated under Chapter 6.6 (commencing with Section 25249.5) of Division 20 of the Health and Safety Code and Chapter 12.5 (commencing with Section 108945) of, and Chapter 13.5 (commencing with Section 108970) of, Part 3 of Division 104 of the Health and Safety Code, including, but not limited to, the actions and investments needed to avoid contamination in the recycling process and available end markets for recycled material that cannot be remanufactured into textiles or textile articles in California.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
Develop strategies to address
design challenges for covered products, including, but not limited to, compostability, reduction and removal of harmful chemicals, microfiber and microplastic shedding, and mixed material blends.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
A description of how the PRO will minimize the negative environmental and human health impacts of all operations associated with the plan, including impacts from collected covered products exported outside of California.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
A process by which the financial activities of the PRO or individual producers that are related to implementation of the plan will be subject to an independent audit consistent with generally accepted accounting principles (GAAP).
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D0176689-C078-4327-A87E-ABB6C1BC9012">
<ns0:Num>SEC. 175.</ns0:Num>
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Section 42984.21 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3E45F8AB-72C6-4B76-8524-E58D845B9963">
<ns0:Num>42984.21.</ns0:Num>
<ns0:LawSectionVersion id="id_5D7CC029-8582-4A0A-A22B-28755B4B5831">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
An administrative civil penalty up to the following amounts may be administratively imposed by the department on any person who is in violation of any provision of this chapter:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Ten thousand dollars ($10,000) per day.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Fifty thousand dollars ($50,000) per day if the violation is intentional or knowing.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In assessing or reviewing the amount of a civil penalty imposed pursuant to subdivision (a) for a violation of this chapter, the department or the court shall consider all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The nature and extent of the violation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The number and severity of the violation or violations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The economic effect of the penalty on the violator.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Whether the violator took good faith measures to comply with this chapter and the period of time over which these measures were taken.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The willfulness of the violator’s misconduct.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Any other factor that justice may require.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department shall establish, through regulations adopted pursuant to Section 42984.2, a
process that shall include an informal hearing process by which the penalties will be assessed.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall deposit all penalties collected pursuant to this section into the Textile Stewardship Recovery Penalty Account, which is hereby created in the Textile Stewardship Recovery Fund. Upon appropriation by the Legislature, moneys in the Textile Stewardship Recovery Penalty Account shall be available for expenditure by the department on activities related to the collection and recycling of covered products, grants for related purposes, and the administration and enforcement of this chapter.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The Administrative Adjudication Bill of Rights, as set forth in Article 6 (commencing with Section 11425.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, applies to hearings conducted under this chapter and mandates minimum due
process.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_EEB2B62F-EB18-431B-8019-BDC9D2092021">
<ns0:Num>SEC. 176.</ns0:Num>
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Section 42999 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5A5C5287-0252-4903-817D-E94837F30AC5">
<ns0:Num>42999.</ns0:Num>
<ns0:LawSectionVersion id="id_EF3D324C-004C-4969-B0FB-3364A6E6D6B5">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall, upon appropriation by the Legislature, administer a grant program to provide financial assistance to promote in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste, sort and aggregate or process organic and other recyclable materials into new, value-added products, or divert items from disposal through enhanced reuse opportunities. Moneys appropriated by the Legislature from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, to the department shall be expended consistent with the requirements of Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code and Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety
Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Eligible financial assistance shall be provided for any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Organics composting.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Organics in-vessel digestion.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Recyclable material manufacturing.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Activities that expand and improve organic waste diversion and recycling, including, but not limited to, the recovery of food for human consumption and food waste prevention.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Preprocessing organic materials for composting or organics in-vessel digestion.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Codigestion at existing wastewater treatment plants.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Increasing opportunities for reuse of materials diverted from landfill disposal.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Recyclable material recovery, sorting, or baling equipment for use at publicly owned facilities. Eligibility for funding under this paragraph is limited to local jurisdictions.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, eligible infrastructure projects include, but are not limited to, any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Capital investments in new facilities and increased throughput at existing facilities for activities, such as converting windrow composting to aerated-static-pile composting to use food waste as feedstock.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Designing and constructing organics in-vessel digestion facilities to produce products, such as biofuels to be used or distributed onsite,
bioenergy, and soil amendments.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Designing and constructing or expanding facilities for processing recyclable materials.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Projects to improve the quality of recycled materials.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Projects undertaken by a local government at publicly owned facilities to improve the recovery, sorting, or baling of recyclable materials to get those materials into the marketplace, including related equipment purchasing and installation costs.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Purchase of equipment and construction of facilities to help develop, implement, or expand edible food waste recovery operations.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Establishment of reuse programs to divert items from landfill disposal for reuse by members of the public.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Deployment of bear bins to minimize adverse human-and-bear interactions related to the collection and management of solid and organic waste. Any funding provided pursuant to this paragraph shall be limited to those areas where there are significant public safety issues associated with food waste collection as a result of local bear populations, as corroborated by information from local, state, or federal public safety or wildlife officials, and shall be limited to the primary residence for those residents earning below the area median household income limit established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In awarding a grant for organics composting or organics in-vessel digestion pursuant to this section, the department shall consider all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The amount of reductions of emissions of greenhouse gases that may result from the project.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The amount of organic material that may be diverted from landfills as a result of the project.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If and how the project may benefit disadvantaged or low-income communities, as defined in Section 39713 of the Health and Safety Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For a grant awarded for an organics in-vessel digestion project, if and how the project maximizes resource recovery, including the production of clean energy or low-carbon or carbon negative transportation fuels.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Project readiness and permitting that the project may require.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Air and water
quality benefits that the project may provide.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
To the degree that funds are available, the department may provide larger grant awards for large-scale regional integrated projects that provide cost-effective organic waste diversion and maximize environmental benefits.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_40DDDE38-6901-4141-BACA-58C6D651A244">
<ns0:Num>SEC. 177.</ns0:Num>
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Section 48704.1 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_EFA8C015-CA01-431C-8CB5-BECA9D83BBCB">
<ns0:Num>48704.1.</ns0:Num>
<ns0:LawSectionVersion id="id_3404C195-D337-459D-ACEB-BF1A1FB20C1C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A stewardship organization’s funding mechanism shall provide a stewardship assessment for each container of a paint product and sold by manufacturers in this state, and the assessment shall be remitted to the stewardship organization, if applicable.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The stewardship assessment shall be added to the cost of all paint products sold to California retailers and distributors, and each California retailer or distributor shall add the assessment to the purchase price of all paint products covered by the program sold in the state.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The stewardship assessment shall be approved by the department as part of a stewardship plan, and shall be sufficient to recover, but not exceed, the cost of the
stewardship program. A stewardship plan shall require that any surplus funds be put back into the program to reduce the costs of the program, including the assessment amount.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_B9DF1BE1-FC88-4127-9F20-C190E1A64AD2">
<ns0:Num>SEC. 178.</ns0:Num>
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Section 311 of the
<ns0:DocName>Public Utilities Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E11F07AA-30C3-4EF1-8924-2AA5D414AFED">
<ns0:Num>311.</ns0:Num>
<ns0:LawSectionVersion id="id_73E29840-A719-4611-B2C6-5F824953DFE9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The commission, each commissioner, the executive director, and the assistant executive directors may administer oaths, certify to all official acts, and issue subpoenas for the attendance of witnesses and the production of papers, waybills, books, accounts, documents, and testimony in any inquiry, investigation, hearing, or proceeding in any part of the state.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The administrative law judges may administer oaths, examine witnesses, issue subpoenas, and receive evidence, under rules that the commission adopts.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The evidence in any hearing shall be taken by the commissioner or the administrative law judge designated for that purpose. The commissioner or the administrative law judge may receive and
exclude evidence offered in the hearing in accordance with the rules of practice and procedure of the commission.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Consistent with the procedures contained in Sections 1701.1, 1701.2, 1701.3, 1701.4, and 1701.8, the assigned commissioner or the administrative law judge shall prepare and file an opinion setting forth recommendations, findings, and conclusions. The opinion of the assigned commissioner or the administrative law judge is the proposed decision and a part of the public record in the proceeding. The proposed decision of the assigned commissioner or the administrative law judge shall be filed with the commission and served upon all parties to the action or proceeding without undue delay, not later than 90 days after the matter has been submitted for decision. The commission shall issue its decision not sooner than 30 days following filing and service of the proposed decision by the assigned commissioner or the administrative law
judge, except that the 30-day period may be reduced or waived by the commission in an unforeseen emergency situation or upon the stipulation of all parties to the proceeding or as otherwise provided by law. The commission may, in issuing its decision, adopt, modify, or set aside the proposed decision or any part of the decision. Where the modification is of a decision in an adjudicatory hearing it shall be based upon the evidence in the record. Every finding, opinion, and order made in the proposed decision and approved or confirmed by the commission shall, upon that approval or confirmation, be the finding, opinion, and order of the commission.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Any item appearing on the commission’s public agenda as an alternate item to a proposed decision or to a decision subject to subdivision (g) shall be served upon all parties to the proceeding without undue delay and shall be subject to public review and comment before it may be voted upon. For
purposes of this subdivision, “alternate” means either a substantive revision to a proposed decision that materially changes the resolution of a contested issue or any substantive addition to the findings of fact, conclusions of law, or ordering paragraphs. The commission shall adopt rules that provide for the time and manner of review and comment and the rescheduling of the item on a subsequent public agenda, except that the item shall not be rescheduled for consideration sooner than 30 days following service of the alternate item upon all parties. The alternate item shall be accompanied by a digest that clearly explains the substantive revisions to the proposed decision. The commission’s rules may provide that the time and manner of review and comment on an alternate item may be reduced or waived by the commission in an unforeseen emergency situation.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The commission may specify that the administrative law judge assigned to a proceeding
involving an electrical, gas, telephone, railroad, or water corporation, or a highway carrier, initiated by customer or subscriber complaint need not prepare, file, and serve an opinion, unless the commission finds that to do so is required in the public interest in a particular case.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Before voting on any commission decision not subject to subdivision (d), the decision shall be served on parties and subject to at least 30 days public review and comment. Any alternate to any commission decision shall be subject to the same requirements as provided for alternate decisions under subdivision (e). For purposes of this subdivision, “decision” also includes resolutions, including resolutions on advice letter filings.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The 30-day period may be reduced or waived in an unforeseen emergency situation, upon the stipulation of all parties in the proceeding, for
an uncontested matter in which the decision grants the relief requested, or for an order seeking temporary injunctive relief, or, in the case of a catastrophic wildfire proceeding, may be reduced to no less than 15 days at the discretion of the assigned commissioner.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision does not apply to uncontested matters that pertain solely to water corporations, or to orders instituting investigations or rulemakings, categorization resolutions under Sections 1701.1 to 1701.4, inclusive, and Section 1701.8, or orders authorized by law to be considered in executive session. Consistent with regulatory efficiency and the need for adequate prior notice and comment on commission decisions, the commission may adopt rules, after notice and comment, establishing additional categories of decisions subject to waiver or reduction of the time period in this section.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Notwithstanding
any other law, amendments, revisions, or modifications by the commission of its Rules of Practice and Procedure shall be submitted to the Office of Administrative Law for prior review in accordance with Sections 11349, 11349.3, 11349.4, 11349.5, 11349.6, and 11350.3 of, and subdivisions (a) and (b) of Section 11349.1 of, the Government Code. If the commission adopts an emergency revision to its Rules of Practice and Procedure based upon a finding that the revision is necessary for the preservation of the public peace, health and safety, or general welfare, this emergency revision shall only be reviewed by the Office of Administrative Law in accordance with subdivisions (b) to (d), inclusive, of Section 11349.6 of the Government Code. The emergency revision shall become effective upon filing with the Secretary of State and shall remain in effect for no more than 120 days. A petition for writ of review pursuant to Section 1756 of a commission decision amending, revising, or modifying its Rules of Practice and
Procedure shall not be filed until the regulation has been approved by the Office of Administrative Law, the Governor, or a court pursuant to Section 11350.3 of the Government Code. If the period for filing the petition for writ of review would otherwise have already commenced under Section 1733 or 1756 at the time of that approval, then the period for filing the petition for writ of review shall continue until 30 days after the date of that approval. This subdivision does not require the commission to comply with Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. This subdivision is only intended to provide for the Office of Administrative Law review of procedural commission decisions relating to commission Rules of Practice and Procedure, and not general orders, resolutions, regulations, guidelines related to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), or other
substantive regulations.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The commission shall immediately notify the Legislature whenever the commission reduces or waives the time period for public review and comment due to an unforeseen emergency situation, as provided in subdivision (d), (e), or (g).
</html:p>
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<ns0:BillSection id="id_950FA3C8-B639-46E0-B6A1-BD7A17D1D69E">
<ns0:Num>SEC. 179.</ns0:Num>
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Section 17052.1 of the
<ns0:DocName>Revenue and Taxation Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_1398784A-E1D3-43EF-9F88-4269A3F98F53">
<ns0:Num>17052.1.</ns0:Num>
<ns0:LawSectionVersion id="id_64CC4B96-C54F-4C9E-8864-C1E80A096197">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For each taxable year beginning on or after January 1, 2019, there shall be allowed against the “net tax,” as defined by Section 17039, a young child tax credit to a qualified taxpayer, in an amount as determined under paragraph (2).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The amount of the young child tax credit shall be equal to one thousand one hundred seventy-six dollars ($1,176), multiplied by the earned income tax credit adjustment factor for the taxable year as specified for in Section 17052.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The amount of the young child tax credit specified under clause (i) shall be recomputed annually in the same manner as the recomputation of income tax
brackets under subdivision (h) of Section 17041.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The young child tax credit allowable in any taxable year to any qualified taxpayer shall be limited to the maximum amount specified in clause (i) of subparagraph (A) as recomputed under clause (ii) of subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The young child tax credit shall be reduced by twenty dollars ($20) for each one hundred dollars ($100), or fraction thereof, by which the qualified taxpayer’s earned income, as defined in Section 17052, exceeds the “threshold amount.” For purposes of this section, the “threshold amount” shall be twenty-five thousand dollars ($25,000).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
For each taxable year beginning on or after January 1, 2022, and before January 1, 2023, the twenty dollars ($20) in clause (i) shall be recomputed annually
in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041, except that the resulting products shall be rounded off to the nearest cent.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
For taxable years beginning after the taxable year in which the minimum wage, as defined in paragraph (1) of subdivision (b) of Section 1182.12 of the Labor Code, is set at fifteen dollars ($15) per hour, and before January 1, 2024, the amount calculated under subclause (I) shall substitute for the twenty dollars ($20) in clause (i).
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The Franchise Tax Board shall calculate a graduated reduction amount in such a manner that, for a qualified taxpayer with earned income of one dollar ($1) or more in excess of the maximum earned income that results in a credit amount greater than zero dollars ($0) pursuant to Section 17052, the amount of the credit under this section is equal to zero. For taxable
years beginning on or after January 1, 2024, the graduated reduction amount calculated pursuant to this subclause shall be substituted for the twenty dollars ($20) in clause (i).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For taxable years beginning after the taxable year in which the minimum wage, as defined in paragraph (1) of subdivision (b) of Section 1182.12 of the Labor Code, is set at fifteen dollars ($15) per hour, the “threshold amount” in this subparagraph shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The young child tax credit authorized by this section shall only be operative for taxable years for which resources are authorized in the annual Budget Act for the Franchise Tax Board to oversee and audit returns associated with the credit allowed under Section 17052.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Qualified taxpayer” means an eligible individual who has at least one qualifying child and who satisfies either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Has been allowed a tax credit under Section 17052.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Meets all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Would otherwise have been allowed a tax credit under Section 17052, but has earned income, as defined in Section 32(c)(2) of the Internal Revenue Code, as modified by Section 17052, of zero dollars ($0) or less.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Does not have net losses in excess of thirty thousand dollars ($30,000) in the taxable year.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Does not have wages, salaries, tips, and other employee compensation in excess of thirty thousand
dollars ($30,000) in the taxable year.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For each taxable year beginning on or after January 1, 2022, the amounts specified under clauses (ii) and (iii) of subparagraph (B) shall be recomputed annually in the same manner as the recomputation of income tax brackets under subdivision (h) of Section 17041.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Qualifying child” shall have the same meaning as under Section 17052, except that the child shall be younger than six years of age as of the last day of the taxable year.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Franchise Tax Board may prescribe rules, guidelines, procedures, or other guidance to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the Franchise
Tax Board pursuant to this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The Franchise Tax Board may prescribe any regulations necessary or appropriate to carry out the purposes of this section, including any regulations to prevent improper claims from being filed or improper payments from being made with respect to net earnings from self-employment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The adoption of any regulations pursuant to subparagraph (A) may be adopted as emergency regulations in accordance 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) and shall be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,
these emergency regulations shall not be subject to the review and approval of the Office of Administrative Law. The regulations shall become effective immediately upon filing with the Secretary of State, and shall remain in effect until revised or repealed by the Franchise Tax Board.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If the amount allowable as a credit under this section exceeds the tax liability computed under this part for the taxable year, the excess shall be credited against other amounts due, if any, and the balance, if any, shall be paid from the Tax Relief and Refund Account and refunded to the qualified taxpayer.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding any other law, amounts refunded pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions
Code or amounts of those benefits.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In accordance with Section 41, the purpose of the Young Child Tax Credit is to reduce poverty among California’s poorest working families and young children. To measure whether the credit achieves its intended purpose, the Franchise Tax Board shall annually prepare a written report on the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The number of tax returns claiming the credit.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The number of qualifying children represented on tax returns claiming the credit.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The average credit amount on tax returns claiming the credit.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Franchise Tax Board shall provide the written report to the Senate Committee on Budget and Fiscal Review, the Assembly
Committee on Budget, the Senate and Assembly Committees on Appropriations, the Senate Committee on Governance and Finance, the Assembly Committee on Revenue and Taxation, and the Senate and Assembly Committees on Human Services.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The Legislature finds and declares that, to the extent they are otherwise qualified for a credit under this section, undocumented persons are eligible for the tax credit authorized by this section within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The amendments made to this section by the act adding this subdivision shall apply for taxable years beginning on or after January 1, 2022, except as provided in subparagraph (C) of paragraph (2) of subdivision (a).
</html:p>
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<ns0:BillSection id="id_12D58AE3-BF96-423B-B0CE-EDCEA58BC9C4">
<ns0:Num>SEC. 180.</ns0:Num>
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Section 36005 of the
<ns0:DocName>Revenue and Taxation Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_CF961B59-0909-4716-93EC-F00FF4F1AC6C">
<ns0:Num>36005.</ns0:Num>
<ns0:LawSectionVersion id="id_8F43ED62-3088-4FA8-A3BC-2804E78D5948">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
There is hereby established in the State Treasury the Gun Violence Prevention and School Safety Fund to receive moneys pursuant to Section 36041.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
All moneys in the Gun Violence Prevention and School Safety Fund, including interest or dividends earned by the fund, shall be distributed annually in accordance with the allocation formula provided in subdivision (c), provided that the dollar amounts specified in that subdivision shall be annually adjusted to account for changes in the California Consumer Price Index.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Moneys in the Gun Violence Prevention and School Safety Fund shall be annually allocated in the following order:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The first seventy-five million dollars ($75,000,000) available in the fund, or as much of that amount as is available, shall be continuously appropriated annually to the Board of State and Community Corrections, or other successor agency designated by law as the administering agency for the California Violence Intervention and Prevention (CalVIP) Grant Program, to fund CalVIP Grants and administration and evaluations of CalVIP-supported programs, in accordance with Title 10.2 (commencing with Section 14130) of Part 4 of the Penal Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The next fifty million dollars ($50,000,000) available in the fund, or as much of that amount as is available, if any, shall, upon appropriation by the Legislature, be annually allocated to the State Department of Education to enhance school safety by addressing risk factors for gun violence affecting pupils in kindergarten and grades 1 to 12, inclusive, through the funding of related
measures, including, without limitation, the measures described in subparagraphs (A) to (D), inclusive. The State Department of Education may use these funds to support both activities conducted directly by the State Department of Education and those conducted through contracts with, or grants to, other entities.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Physical security improvements, including, but not limited to, the installation of interior locks for purposes of Section 17586 of the Education Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Physical safety assessments.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
School-based or school-linked mental health and behavioral services, including training for teachers and employees.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Before school and after school programs for at-risk pupils, including programs offered by entities eligible to receive funding under the
Bipartisan Safer Communities Act Stronger Connections Grant Program.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The next fifteen million dollars ($15,000,000) available in the fund, or as much of that amount as is available, if any, shall, upon appropriation by the Legislature, be annually allocated to the Judicial Council to support a court-based firearm relinquishment grant program to be administered in coordination with the Department of Justice to ensure the prompt, consistent, and safe removal of firearms by the Department of Justice and local law enforcement agencies from individuals who become prohibited from owning or possessing firearms and ammunition pursuant to a criminal conviction or other criminal or civil court order, including, but not limited to, criminal protective orders, domestic violence restraining orders, gun violence restraining orders, civil harassment restraining orders, and workplace violence restraining orders. The grant program shall be designed to
reduce the number of people who are entered into or remain in the Armed Prohibited Persons System, including by supporting partnerships with courts and local law enforcement agencies.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The next fifteen million dollars ($15,000,000) available in the fund, or as much of that amount as is available, if any, shall, upon appropriation by the Legislature, be annually allocated to the Department of Justice to fund a victims of gun violence grant program. The purpose of this program is to support evidence-based activities to equitably improve investigations and clearance rates in firearm homicide and firearm assault investigations in communities disproportionately impacted by firearm homicides and firearm assaults, and thereby help reduce gun violence in communities across California. Grants from this program shall be made on a competitive basis to state, local, or tribal law enforcement agencies and prosecuting offices for activities that have the
specific objective of increasing clearance rates for firearm homicides and nonfatal shootings, which may include, without limitation, hiring and training detectives dedicated to investigating these offenses, hiring and training personnel or other partners to coordinate with victims and witnesses or to collect, process, and test relevant evidence, improving data analysis, forensics, and technological capacities, and promoting recurring and trauma-informed engagement with victims, witnesses, and other impacted community members in a manner that builds trust, safety, and collaboration.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The next two million five hundred thousand dollars ($2,500,000) available in the fund per year, or as much of that amount as is available, if any, shall, upon appropriation by the Legislature, be annually allocated to the Department of Justice to support activities to inform firearm and ammunition purchasers and firearm owners about gun safety laws and
responsibilities, such as safe firearm storage, and to promote implementation and coordination of gun violence prevention efforts through activities such as technical assistance, training, capacity building, and local gun violence data and problem analysis support for local governments, law enforcement agencies, community-based service providers, and other stakeholders. The Department of Justice may use these funds to support activities conducted directly by the Department of Justice or conducted through contracts with, or grants to, other entities.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The next two million five hundred thousand dollars ($2,500,000) available in the fund, or as much of that amount as is available, if any, shall, upon appropriation by the Legislature, be annually allocated to the Office of Emergency Services to provide counseling and trauma-informed support services to direct and secondary victims of mass shootings and other gun homicides and to individuals who
have experienced chronic exposure to community gun violence. The office may use these funds to support activities directly conducted by the office, or conducted through contracts with, or grants to, other entities, and to help reduce gun violence in communities across California.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The next one million dollars ($1,000,000) available in the fund, or as much of that amount as is available, if any, shall, upon appropriation by the Legislature, be allocated to the University of California, Davis, California Firearm Violence Research Center, if those funds are accepted by the Regents of the University of California, for a one-time grant for gun violence research and initiatives to educate health care providers and other stakeholders about clinical tools and other interventions for preventing firearm suicide and injury. This allocation may, if sufficient funds are not available, be made over the course of more than one budget year; however, the
total amount allocated pursuant to this paragraph across all years shall not exceed one million dollars ($1,000,000).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any remaining moneys available in the fund each year after the allocations described in subdivision (c) shall, upon appropriation by the Legislature, be allocated to fund and support activities and programs focused on preventing gun violence, supporting victims of gun violence, and otherwise remediating the harmful effects of gun violence.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Except as otherwise provided in this section or in any other law, a department or agency may reserve up to 5 percent of the funds appropriated to that department or agency under subdivision (c) for the costs of administering and promoting the effectiveness of programs supported by this act, including, without limitation, costs to employ personnel, develop and review grant solicitations, publicize grant opportunities,
engage with and provide technical assistance to prospective grant applicants and grantees, and conduct or support data collection or research evaluations.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_12783392-4406-449B-9ECF-1FF4FACB356F">
<ns0:Num>SEC. 181.</ns0:Num>
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Section 94.4 of the
<ns0:DocName>Streets and Highways Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_BDFB7713-58A6-4B7C-9594-41614A6BA208">
<ns0:Num>94.4.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It shall be unlawful for a person to:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain, certification as a minority business enterprise for the purposes of this article.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Willfully and knowingly make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a state official or employee for the purpose of influencing the certification or denial of certification of any entity as a minority business enterprise.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Willfully and knowingly obstruct,
impede, or attempt to obstruct or impede any state official or employee who is investigating the qualifications of a business entity which has requested certification as a minority business enterprise.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Knowingly and willfully with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain, public moneys to which the person is not entitled under this article.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Any person who is found by the department to have violated any of the provisions of subdivision (a) is subject to a civil penalty of not more than five thousand dollars ($5,000).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If a contractor, subcontractor, supplier, subsidiary, or affiliate thereof, has been found by the department to have violated subdivision (a) and that violation occurred within three years of another
violation of subdivision (a) found by the department, the department shall prohibit that contractor, subcontractor, supplier, subsidiary, or affiliate thereof, from entering into a state project or state contract and from further bidding to a state entity, and from being a subcontractor to a contractor for a state entity and from being a supplier to a state entity.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For the purposes of this section, “minority” means an individual who can be identified as being part of one of the following groups:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Black Americans, including, but are not limited to, persons having origins in any of the Black racial groups of Africa.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Hispanic Americans, including, but are not limited to, persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Native Americans, including, but are not limited to, persons who are American Indians, Inuit, Aleuts, or Native Hawaiians.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Asian-Pacific Americans, including, but are not limited to, persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Asian-Indian Americans, including, but are not limited to, persons whose origins are from India, Pakistan, and Bangladesh.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Those persons determined by the department, on a case-by-case basis, as socially and economically disadvantaged in accordance with applicable federal regulations.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For the purposes of this
section, “minority business enterprise” means a small business concern, as defined in Section 632 of Title 15 of the United States Code, and which also meets the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
It is at least 51 percent owned by one or more women or minority individuals or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women or minority individuals.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Its management and daily business operations are controlled by one or more of the women or minority individuals who own it.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5E680DE5-56FA-4CE2-997F-FF12B265C15D">
<ns0:Num>SEC. 182.</ns0:Num>
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Section 31490 of the
<ns0:DocName>Streets and Highways Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_AAB3AAE9-1BD2-4922-BED2-8930E6312052">
<ns0:Num>31490.</ns0:Num>
<ns0:LawSectionVersion id="id_10B6C2FA-BC15-4BB0-8A5D-E89C9555DE8F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as otherwise provided in this section, a transportation agency may not sell or otherwise provide to any other person or entity personally identifiable information of any person who subscribes to an electronic toll or electronic transit fare collection system or who uses a toll bridge, toll lane, or toll highway that employs an electronic toll collection system.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A transportation agency that employs an electronic toll collection or an electronic transit fare collection system shall establish a privacy policy regarding the collection and use of personally identifiable information and provide to subscribers of that system a copy of the privacy policy in a manner that is conspicuous and meaningful, such as by providing a copy to the subscriber with the
transponder, electronic transit pass, or other device used as an electronic toll or transit fare collection mechanism, or, if the system does not use a mechanism, with the application materials. A transportation agency shall conspicuously post its privacy policy on its internet website. For purposes of this subdivision, “conspicuously post” has the same meaning as that term is defined in paragraphs (1) to (4), inclusive, of subdivision (b) of Section 22577 of the Business and Professions Code. The policy shall include, but need not be limited to, a description of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The types of personally identifiable information that is collected by the agency.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The categories of third-party persons or entities with whom the agency may share personally identifiable information.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The process by which a
transportation agency notifies subscribers of material changes to its privacy policy.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The effective date of the privacy policy.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The process by which a subscriber may review and request changes to any of the subscriber’s personally identifiable information.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A transportation agency may, within practical business and cost constraints, store only personally identifiable information of a person such as, to the extent applicable, the account name, credit card number, billing address, vehicle information, and other basic account information required to perform account functions such as billing, account settlement, or enforcement activities. All other information shall be discarded no more than four years and six months after the billing cycle has concluded, the bill has been paid, and all toll or fare
violations, if applicable, have been resolved.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A transportation agency shall make every effort, within practical business and cost constraints, to purge the personal account information of an account that is closed or terminated. In no case shall a transportation agency maintain personal information more than four years and six months after the date an account is closed or terminated.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as authorized in paragraphs (2) and (3), a transportation agency may make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant. Absent a provision in the search warrant to the contrary, the law enforcement agency shall immediately, but in any event within no more than five days, notify the person that the person’s records have been obtained and shall provide the person with a copy of the search
warrant and the identity of the law enforcement agency or peace officer to whom the records were provided.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This section does not prohibit a peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, when conducting a criminal or traffic collision investigation, from obtaining personally identifiable information of a person if the officer has good cause to believe that a delay in obtaining this information by seeking a search warrant would cause an adverse result, as defined in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (a) of Section 1524.2 of the Penal Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This section does not prohibit a transportation agency that employs an electronic toll collection system from providing the date, time, and location of a vehicle license plate read captured by the system to a peace officer, as defined in Section 830.1 or 830.2 of the Penal Code,
in response to an alert pursuant to Section 8594, 8594.5, 8594.10, 8594.11, 8594.13, 8594.14, or 8594.15 of the Government Code containing a license plate number of a vehicle.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section does not prohibit a transportation agency in subdivision (a) from providing aggregated traveler information derived from collective data that relates to a group or category of persons from which personally identifiable information has been removed.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section does not prohibit a transportation agency, with respect to an electronic toll collection system, from providing the license plate number of an intermodal chassis to the owner of the chassis for purposes of locating the driver of the chassis in the event the driver fails to pay a toll.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section, with respect to an electronic toll collection system, does not
prohibit a transportation agency from sharing data with another transportation agency solely to comply with interoperability specifications and standards adopted pursuant to Section 27565 regarding electronic toll collection devices and technologies. A third-party vendor may not use personally identifiable information obtained under this subdivision for a purpose other than described in this subdivision.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Subdivision (d) shall not prohibit a transportation agency, or its designee, from performing financial and accounting functions such as billing, account settlement, enforcement, or other financial activities required to operate and manage the electronic toll collection system or transit fare collection system. This section, with respect to electronic transit fare collection systems, does not prohibit the sharing of data between transportation agencies for the purpose of interoperability between those agencies. A third-party vendor may not
use personally identifiable information obtained under this subdivision for a purpose other than as described in this subdivision.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
This section does not prohibit a transportation agency from communicating, either directly or through a contracted third-party vendor, to subscribers of an electronic toll collection system or an electronic transit fare collection system about products and services offered by, the agency, a business partner, or the entity with which it contracts for the system, using personally identifiable information limited to the subscriber’s name, address, and email address, provided that the transportation agency has received the subscriber’s express written consent to receive the communications.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
A transportation agency may not use a nonsubscriber’s personally identifiable information obtained using an electronic toll collection or electronic transit fare
collection system to market products or services to that nonsubscriber. This subdivision shall not apply to toll-related products or services contained in a notice of toll evasion issued pursuant to Section 23302 of the Vehicle Code.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
For purposes of this section, “transportation agency” means the Department of Transportation, the Bay Area Toll Authority, any entity operating a toll bridge, toll lane, or toll highway within the state, any entity administering an electronic transit fare collection system and any transit operator participating in that system, or any entity under contract with any of the above entities.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
For purposes of this section, “electronic toll collection system” is a system where a transponder, camera-based vehicle identification system, or other electronic medium is used to deduct payment of a toll from a subscriber’s account or to establish an
obligation to pay a toll, and “electronic transit fare collection system” means a system for issuing an electronic transit pass that enables a transit passenger subscriber to use the transit systems of one or more participating transit operators without having to pay individual fares, where fares are instead deducted from the subscriber’s account as loaded onto the electronic transit pass.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
For purposes of this section, “person” means any person who subscribes to an electronic toll collection or electronic transit fare collection system or any person who uses a toll bridge, toll lane, or toll road that employs an electronic toll collection system.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
For purposes of this section, “personally identifiable information” means any information that identifies or describes a person, including, but not limited to, travel pattern data, address, telephone number, email address, license
plate number, photograph, bank account information, or credit card number. For purposes of this section, with respect to electronic transit fare collection systems, “personally identifiable information” does not include photographic or video footage.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
For purposes of this section, “interoperability” means the sharing of data, including personally identifiable information, across multiple transportation agencies for the sole purpose of creating an integrated transit fare payment system, integrated toll payment system, or both.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to any other remedies provided by law, a person whose personally identifiable information has been knowingly sold or otherwise provided in violation of this section may bring an action to recover either actual damages or two thousand five hundred dollars ($2,500) for each individual violation, whichever is greater,
and may also recover reasonable costs and attorney’s fees.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A person whose personally identifiable information has been knowingly sold or otherwise provided three or more times in violation of this section may bring an action to recover either actual damages or four thousand dollars ($4,000) for each individual violation, whichever is greater, and may also recover reasonable costs and attorney’s fees.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
Nothing in subdivisions (c) and (d) shall preclude compliance with a court order or settlement agreement that has been approved on or before April 25, 2010.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
A transportation agency that employs an electronic toll collection or electronic transit fare collection system may impose an administrative fee on persons who use those systems in an amount sufficient to cover the cost of implementing this
section.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_57A1B50E-866B-4524-92A7-C031880EC93E">
<ns0:Num>SEC. 183.</ns0:Num>
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Section 679 of the
<ns0:DocName>Unemployment Insurance Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_830F3A43-5732-480A-8938-7AD9E5D71630">
<ns0:Num>679.</ns0:Num>
<ns0:LawSectionVersion id="id_D6C298B5-CFEE-4266-A942-8C74BBB1EDC5">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding Sections 606.5 and 678, for the purposes of this code, “employer” means any employing unit that is a motion picture payroll services company that pays and controls the payment of wages of a motion picture production worker for services either to a motion picture production company or to an allied motion picture services company, and files a timely statement of its intent to be the employer of motion picture production workers pursuant to subdivision (b).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding Sections 606.5 and 678 and paragraph (1), solely for the purpose of remitting employment taxes under this code, and any related obligations arising therefrom under this code, including, but not limited to, this division and Division 6 (commencing with
Section 13000), a loan-out company is the employer of the employee-owners or members who are engaged by the loan-out company to provide services to a motion picture production company or an allied motion picture services company.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this code, and consistent with paragraph (2), neither a loan-out company nor an individual whose services are provided by a loan-out company shall be considered an employee of the motion picture payroll services company.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Any employing unit meeting the requirements of a motion picture payroll services company that intends to be treated as an employer of motion picture production workers pursuant to subdivision (a) shall file a statement with the department that declares its intent to be the employer of motion picture production workers, pursuant to this section, within 15 days after first paying wages to
the workers. The statement shall include identification of each affiliated entity.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any employing unit operating as a motion picture payroll services company as of January 1, 2007, that intends to be treated as an employer of motion picture production workers pursuant to this section, shall file a statement with the department that declares its intent to be the employer of motion picture production workers, pursuant to this section, by January 15, 2007. The statement shall include identification of each affiliated entity.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any motion picture payroll company that quits business shall:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Within 10 days of quitting business:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
File with the director a final return and report of wages of its workers, as required by Section 1116.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
File all statements required by this subdivision.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Forty-five days in advance of quitting business, notify each motion picture production company and allied motion picture services company, with respect to which they have been treated as the employer of the motion picture production workers, of its intent to quit business.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The director may prevent a motion picture payroll services company that fails to file a timely statement from being treated as an employer of motion picture production workers, for a period not to exceed the period for which the statement is required.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Any statement filed by a motion picture payroll services company pursuant to this subdivision shall be applied to each affiliated entity of the motion picture payroll
services company in existence at the time the statement is filed.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For each rating period beginning on or after January 1, 2007, in which an employer operating as a motion picture payroll services company obtains or attempts to obtain a more favorable rate of contributions under this section in a manner that is due to deliberate ignorance, reckless disregard, fraud, intent to evade, misrepresentation, or willful nondisclosure, the director shall assign the maximum contribution rate plus 2 percent for each applicable rating period, the current rating period, and the subsequent rating period. Contributions paid in excess of the maximum rate under this section shall not be credited to the employing unit’s reserve account.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On and after January 1, 2007, whenever a motion picture payroll services company creates or acquires a motion picture payroll
services company, or acquires substantially all of the assets of a motion picture payroll services company, the created or acquired motion picture payroll services company shall:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Constitute a separate employing unit, notwithstanding Sections 135.1 and 135.2.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Have its reserve account and rate of contributions determined in accordance with subdivision (e).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Notify the department of the entity being created or acquired and the nature of its affiliation to that entity.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department may promulgate regulations requiring a motion picture payroll services company, prior to the creation or acquisition of a motion picture payroll services company that will be an affiliated entity, to seek the approval of the department to apply this section to
the created or acquired entity.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
When a motion picture payroll services company transfers all or part of its business or payroll to another motion picture payroll services company the reserve account attributable to the transferor shall be transferred to the transferee motion picture payroll services company, and the transferee’s rate of contribution shall be determined in accordance with Section 1052. The transferee shall notify the department within 15 days of the transfer of the business or payroll.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Affiliated entity” means any one or more motion picture payroll services company or companies that are united by factors of common ownership, management, or control as prescribed by Section 1061.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Allied
motion picture services company” means any person engaged in an industry closely allied with, and whose work is integral to, a motion picture production company in the development, production, or postproduction of a motion picture, excluding the distribution of the completed motion picture and any activity occurring thereafter, and who hires from the same pool of craft and guild or union workers, actors, or extras as a motion picture production company.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Loan-out company” means a corporation, or limited liability company that is classified as a corporation for federal income tax purposes, the principal activity of which is the performance of personal services for a motion picture production company or allied motion picture services company, provided that those services are substantially performed by an employee of the corporation who owns, on any day during the taxable year, more than 10 percent of the outstanding stock of the
corporation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Motion picture” means a motion picture of any type, including, but not limited to, a theatrical motion picture, a television production, a television commercial, or a music video, regardless of its theme or the technology used in its production or distribution.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Motion picture payroll services company” means any employing unit that directly or through its affiliated entities meets all of the following criteria:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Contractually provides the services of motion picture production workers to a motion picture production company or to an allied motion picture services company, or provides payments to a loan-out company as directed by a motion picture production company or an allied motion picture services company.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Is a signatory to a collective bargaining agreement for one or more of its clients.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Controls the payment of wages to the motion picture production workers and pays those wages from its own account or accounts.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Is contractually obligated to pay wages to the motion picture production workers without regard to payment or reimbursement by the motion picture production company or allied motion picture services company.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
At least 80 percent of the wages paid by the motion picture payroll services company each calendar year are paid to workers associated between contracts with motion picture production companies and motion picture payroll services companies.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the director determines that any employing unit is operating as a
motion picture payroll services company but is failing to comply with any of the provisions of subparagraph (A), the employing unit is subject to determination of the employer-employee relationship pursuant to this code. When the director’s ruling becomes final, the director may preclude the employing unit from being classified as a motion picture payroll services company pursuant to this section for up to three years from the date of the determination.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Motion picture production company” means any employing unit engaged in the development, production, and postproduction of a motion picture, excluding the distribution of the completed motion picture and any activities occurring thereafter.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Motion picture production worker” means an individual who provides services to a motion picture production company or allied motion picture services company and who, with regard to
those services, is reported under this part as an employee by the motion picture payroll services company. An individual who has been reported as an employee by the motion picture payroll services company, without regard to the individual’s status as an employee or independent contractor, shall be the employee of the motion picture payroll services company for the purposes of this code throughout the contractual period with the motion picture payroll services company.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Wages” shall have the same meaning given the term in Article 2 (commencing with Section 926) of Chapter 4, and shall include residual payments.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If the director determines that an entity does not meet any requirement of this section, the director shall give notice of its determination to that entity pursuant to Section 1206. The notice shall contain a statement of the facts and circumstances upon which the
determination was made. The entity so noticed shall have the right to petition for review of the director’s determination within 30 days of the notice, as provided in Section 1222.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The director shall prescribe the form and manner of the statements and information required to be filed or reported by this section.
</html:p>
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</ns0:LawSection>
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<ns0:BillSection id="id_EC3F46DD-F45F-4C98-8545-29598B94C20B">
<ns0:Num>SEC. 184.</ns0:Num>
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Section 9250.14 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_ACF3F4D6-BF76-492D-8269-D0383090D49E">
<ns0:Num>9250.14.</ns0:Num>
<ns0:LawSectionVersion id="id_1F04A8D6-1B29-412A-A26A-E580266B2E29">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to any other fees specified in this code and the Revenue and Taxation Code, upon the adoption of a resolution by any county board of supervisors, a fee of one dollar ($1) shall be paid at the time of registration or renewal of registration of every vehicle, except vehicles described in subdivision (a) of Section 5014.1, registered to an address within that county except those expressly exempted from payment of registration fees. The fees, after deduction of the administrative costs incurred by the department in carrying out this section, shall be paid quarterly to the Controller.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If a county has adopted a resolution to impose a one-dollar ($1) fee pursuant to paragraph (1), the county may
increase the fee specified in paragraph (1) to two dollars ($2) in the same manner as the imposition of the initial fee pursuant to paragraph (1). The two dollars ($2) shall be paid at the time of registration or renewal of registration of a vehicle, and quarterly to the Controller, as provided in paragraph (1).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If a county has not adopted a resolution to impose a one-dollar ($1) fee pursuant to paragraph (1), the county may instead adopt a fee of two dollars ($2) in the manner prescribed in paragraph (1).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A resolution to impose a fee of two dollars ($2) pursuant to subparagraph (A) or (B) shall be submitted to the department at least six months before the operative date of the fee increase.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In addition to the service fee imposed pursuant to paragraph (1), and upon the implementation of the permanent
trailer identification plate program, and as part of the Commercial Vehicle Registration Act of 2001 (Chapter 861 of the Statutes of 2000), all commercial motor vehicles subject to Section 9400.1 registered to an owner with an address in the county that established a service authority under this section, shall pay an additional service fee of two dollars ($2).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If a county imposes a service fee of two dollars ($2) by adopting a resolution pursuant to subparagraph (A) or (B) of paragraph (2), the fee specified in paragraph (3) shall be increased to four dollars ($4). The four dollars ($4) shall be paid at the time of registration or renewal of registration of a vehicle, and quarterly to the Controller as provided in paragraph (1).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A resolution to increase the additional service fee from two dollars ($2) to four dollars ($4) pursuant to subparagraph
(A) or (B) of paragraph (2) shall be submitted to the department at least six months before the operative date of the fee increase.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding Section 13340 of the Government Code, the moneys paid to the Controller are continuously appropriated, without regard to fiscal years, for the administrative costs of the Controller, and for disbursement by the Controller to each county that has adopted a resolution pursuant to subdivision (a), based upon the number of vehicles registered, or whose registration is renewed, to an address within that county.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as otherwise provided in this subdivision, moneys allocated to a county pursuant to subdivision (b) shall be expended exclusively to fund programs that enhance the capacity of local police and prosecutors to deter, investigate, and prosecute vehicle theft crimes. In any county with a
population of 250,000 or less, the moneys shall be expended exclusively for those vehicle theft crime programs and for the prosecution of crimes involving driving while under the influence of alcohol or drugs, or both, in violation of Section 23152 or 23153, or vehicular manslaughter in violation of Section 191.5 of the Penal Code or subdivision (c) of Section 192 of the Penal Code, or any combination of those crimes.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, “vehicle theft crimes” means the theft of a vehicle, unlawful taking of a vehicle, burglary of a vehicle, or theft of vehicle parts or components.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The moneys collected pursuant to this section shall not be expended to offset a reduction in any other source of funds, nor for any purpose not authorized under this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Any funds received by a county before
January 1, 2000, pursuant to this section, that are not expended to deter, investigate, or prosecute crimes pursuant to subdivision (c) shall be returned to the Controller, for deposit in the Motor Vehicle Account in the State Transportation Fund. Those funds received by a county shall be expended in accordance with this section.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Each county that adopts a resolution under subdivision (a) shall submit, on or before the 13th day following the end of each quarter, a quarterly expenditure and activity report to the designated statewide Vehicle Theft Investigation and Apprehension Coordinator in the Department of the California Highway Patrol.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A county that imposes a fee under subdivision (a) shall issue a fiscal year-end report to the Controller on or before November 30 of each year. The report shall include a detailed accounting of the funds received and expended in the
immediately preceding fiscal year, including, at a minimum, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The amount of funds received and expended by the county under subdivision (b) for the immediately preceding fiscal year.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The total expenditures by the county under subdivision (c) for the immediately preceding fiscal year.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Details of expenditures made by the county under subdivision (c), including salaries and expenses, purchase of equipment and supplies, and any other expenditures made listed by type with an explanatory comment.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A summary of vehicle theft abatement activities and other vehicle theft programs funded by the fees collected pursuant to this section.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The total number of stolen
vehicles recovered and the value of those vehicles during the immediately preceding fiscal year.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The total number of vehicles stolen during the immediately preceding fiscal year as compared to the fiscal year before the immediately preceding fiscal year.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Any additional, unexpended fee revenues received under subdivision (b) for the county for the immediately preceding fiscal year.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A county that imposes a fee under subdivision (a) shall post the report described in subdivision (g) on its internet website.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Each county that fails to submit the report required pursuant to subdivision (g) by November 30 of each year shall have the fee suspended by the Controller for one year, commencing on July 1 following the Controller’s determination that
a county has failed to submit the report.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before January 1 of each year, the Controller shall provide to the Department of the California Highway Patrol copies of the year-end reports submitted by the counties under subdivision (g) and, in consultation with the Department of the California Highway Patrol, shall review the fiscal year-end reports submitted by each county pursuant to subdivision (g) to determine if fee revenues are being utilized in a manner consistent with this section. If the Controller determines that the use of the fee revenues is not consistent with this section, the Controller shall consult with the participating counties’ designated regional coordinators. If the Controller determines that use of the fee revenues is still not consistent with this section, the authority to collect the fee by that county shall be suspended for one year.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the Controller determines that a county has not submitted a fiscal year-end report as required in subdivision (g), the authorization to collect the service fee shall be suspended for one year pursuant to subdivision (i).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the Controller determines that a fee shall be suspended for a county, the Controller shall inform the Department of Motor Vehicles on or before February 1 of each year that the authority to collect a fee for that county is suspended.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
On or before January 1 of each year, the Controller shall prepare and post on the Controller’s internet website a revenue and expenditure summary for each participating county that includes all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The total revenues received by each county.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The total
expenditures by each county.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The unexpended revenues for each county.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
For the purposes of this section, a county-designated regional coordinator is that agency designated by the participating county’s board of supervisors as the agency in control of its countywide vehicle theft apprehension program.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_F33D9889-F8FE-4BBC-A006-FDD25EEC488D">
<ns0:Num>SEC. 185.</ns0:Num>
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Section 21214.7 of the
<ns0:DocName>Vehicle Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_95533651-3026-4D4E-AA81-52041AADDB54">
<ns0:Num>21214.7.</ns0:Num>
<ns0:LawSectionVersion id="id_F69368A4-69A5-47AE-AB23-8A55AD23A9FC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This section shall be known, and may be cited, as the San Diego Electric Bicycle Safety Pilot Program.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A local authority within the County of San Diego, or the County of San Diego in unincorporated areas, may, by ordinance or resolution, prohibit a person under 12 years of age from operating a class 1 or 2 electric bicycle.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A violation of an ordinance or resolution adopted pursuant to this section shall be punishable as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For the first 60 days after the prohibition comes into effect, a warning notice.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
After the first 60
days, a violation of the ordinance or resolution shall be an infraction punishable by a fine of twenty-five dollars ($25).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A record of the action shall not be transmitted to the court and a fee shall not be imposed upon a citation for this infraction if the parent or legal guardian of the person who violated the prohibition delivers proof to the issuing agency within 120 days after the citation was issued that the person has completed an electric bicycle safety and training program pursuant to Section 894 of the Streets and Highways Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If an unemancipated minor violates an ordinance or resolution adopted pursuant to this section, a parent or legal guardian with control or custody of the minor shall be jointly and severally liable with the minor for the amount of a fine imposed pursuant to this subdivision.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If an ordinance or resolution is adopted pursuant to this section, the county shall, by January 1, 2028, submit a report to the Legislature that includes all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The total number of traffic stops initiated for a violation of the ordinance or resolution adopted pursuant to this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The results of those traffic stops, including whether a warning or citation was issued, property was seized, or an arrest was made.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The number of times a person was stopped for allegedly operating a class 1 or class 2 electric bicycle while under 12 years of age but was found to be over the age limit.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If a warning or citation was issued, a description of the warning or the violation cited.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
If an arrest or traffic stop was made, the offense cited by the officer for the arrest or traffic stop and the perceived race or ethnicity, gender, and approximate age of the person stopped, provided that the identification of these characteristics is solely based on the observation and perception of the peace officer who initiated the traffic stop.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The actions taken by a peace officer during a traffic stop, including, but not limited to, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Whether the peace officer asked for consent to search the person and, if so, whether consent was provided.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Whether the peace officer searched the person or property and, if so, the basis for the search and the type of contraband or evidence discovered.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Whether the peace officer seized property and, if so, the type of property that was seized and the basis for seizing the property.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The number of times a person opted to complete, and did complete, the training course in lieu of paying the fine.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The number of times that a person under 12 years of age was operating an electric bicycle and was involved in a crash that resulted in a permanent, serious injury, as defined in Section 20001, or a fatality in the six months prior to the adoption of the ordinance or resolution, the cause of the crash, and the class of the electric bicycle that was being operated at the time of the crash.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The number of times that a person under 12 years of age was operating an electric bicycle and was involved in a
crash that resulted in a permanent, serious injury, as defined in Section 20001, or a fatality after the adoption of the ordinance or resolution, the cause of the crash, and the class of the electric bicycle that was being operated at the time of the crash.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A local authority shall administer a public information campaign for at least 30 calendar days prior to the enactment of an ordinance or resolution adopted pursuant to this section, which shall include public announcements in major media outlets and press releases.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_BA102AC8-B3B5-46F3-8908-55BEC782A713">
<ns0:Num>SEC. 186.</ns0:Num>
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Section 73510 of the
<ns0:DocName>Water Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5B28CCD0-783D-40E2-AC17-0C561065273A">
<ns0:Num>73510.</ns0:Num>
<ns0:LawSectionVersion id="id_C9D0FF62-58F6-476E-99E8-8055D052CF17">
<ns0:Content>
<html:p>Notwithstanding Section 116500 of the Health and Safety Code, the State Water Resources Control Board shall ensure that the bay area regional water system is operated in compliance with the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12 of Division 104 of the Health and Safety Code) and the guidelines established by the United States Environmental Protection Agency for the purposes of administering the comparable provisions of the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.).</html:p>
</ns0:Content>
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</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_F6837CF7-E0B3-4D05-A8D7-AC083EEBD8D3">
<ns0:Num>SEC. 187.</ns0:Num>
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Section 361.31 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_B7609C25-B93A-4E90-83A6-D963D7BF0017">
<ns0:Num>361.31.</ns0:Num>
<ns0:LawSectionVersion id="id_E92E0266-B32D-443E-BB2D-01E05A54A736">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If an Indian child is removed from the physical custody of their parents or Indian custodian pursuant to Section 361, the child’s placement shall comply with this section. The placement shall be analyzed each time there is a change in placement.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Any foster care or guardianship placement of an Indian child, or any emergency removal of a child who is known to be, or if there is reason to know that the child is, an Indian child shall be in the least restrictive setting that most approximates a family situation and in which the child’s special needs, if any, may be met. The child shall also be placed within reasonable proximity to the child’s home, taking into account any special needs of the child. Preference shall be given to the child’s placement with one of
the following, in descending priority order:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A member of the child’s extended family, as defined in subdivision (c) of Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A foster home licensed, approved, or specified by the child’s Indian tribe.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An Indian foster home licensed or approved by an authorized non-Indian licensing authority.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
An institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child’s needs.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In any adoptive placement of an Indian child, preference shall be given to a placement with one of the following, in
descending priority order:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A member of the child’s extended family, as defined in subdivision (c) of Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Other members or citizens of the child’s Indian tribe.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Another Indian family.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding the placement preferences listed in subdivisions (b) and (c), if a different order of placement preference is established by the child’s Indian tribe, the court shall give full faith and credit to the preference established by the tribe, as they would to the laws of another state under the United States Constitution, and the agency effecting the placement shall follow that order of preference, so long as the placement is the least
restrictive setting appropriate to the particular needs of the child as provided in subdivision (b).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Where appropriate, the placement preference of the Indian child, if of sufficient age, or parent shall be considered. In applying the preferences, a consenting parent’s request for anonymity shall also be given weight by the court or agency effecting the placement.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The prevailing social and cultural standards of the Indian community in which the parent or extended family members of an Indian child reside, or with which the parent or extended family members maintain social and cultural ties, or the prevailing social and cultural standards of the Indian child’s tribe shall be applied in meeting the placement preferences under this section. A determination of the applicable prevailing social and cultural standards may be confirmed by the Indian child’s tribe or by the
testimony or other documented support of a qualified expert witness, as defined in subdivision (c) of Section 224.6, who is knowledgeable regarding the social and cultural standards of the Indian community.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Any person, county welfare agency, or probation department involved in the placement of an Indian child shall conduct a diligent search for placements that meet the placement preferences and use the services of the Indian child’s tribe, whenever available through the tribe, in seeking to secure placement within the order of placement preference established in this section and in the supervision of the placement. The responsibility for seeking a placement consistent with subdivision (b), (c), and (d) shall remain with the person, county welfare agency, or probation department seeking the placement.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If a party asserts that good cause not to follow the placement
preferences exists, the reason for that assertion shall be stated orally on the record or provided in writing to the parties to the Indian child custody proceeding and the court.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The party seeking departure from the placement preferences shall bear the burden of proving by clear and convincing evidence that there is good cause to depart from the placement preferences.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
A state court’s determination of good cause to depart from the placement preferences shall be made on the record or in writing and shall be based on one or more of the following considerations:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The request of one or both of the Indian child’s parents, if they attest that they have reviewed the placement options, if any, that comply with the order of preference.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The request
of the child, if the child is of sufficient age and capacity to understand the decision that is being made.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The presence of a sibling attachment that can be maintained only through a particular placement.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The extraordinary physical, mental, or emotional needs of the Indian child, including specialized treatment services that may be unavailable in the community where families who meet the placement preferences live.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The unavailability of a suitable placement after a determination by the court that a diligent search was conducted. For purposes of this paragraph, the standard for determining whether a placement is unavailable shall conform to the prevailing social and cultural standards of the Indian community in which the Indian child’s parent or extended family resides or with which the Indian child’s
parent or extended family members maintain social and cultural ties.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
A placement shall not depart from the preferences based on the socioeconomic status of any placement relative to another placement.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
A placement shall not depart from the preferences based solely on ordinary bonding or attachment that flowed from time spent in a nonpreferred placement that was made in violation of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.).
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
A record of each foster care placement or adoptive placement of an Indian child shall be maintained in perpetuity by the State Department of Social Services. The record shall document the active efforts to comply with the applicable order of preference specified in this section, and shall be made available within 14 days of a request by the child’s
tribe.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_20E7F309-4842-4702-BEFC-FAC1C5707C83">
<ns0:Num>SEC. 188.</ns0:Num>
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Section 706.6 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_25FD49D5-24E7-48C0-A3B4-79DA11F3E4D9">
<ns0:Num>706.6.</ns0:Num>
<ns0:LawSectionVersion id="id_BC5783F6-DA1B-491E-8AA5-557D82DF8470">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Services to minors are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For the purposes of this section, “child and family team” has the same meaning as in paragraph (4) of subdivision (a) of Section 16501.
</html:p>
<html:p>
(2)
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In its development of the case plan, the probation agency shall consider and document any recommendations of the child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
</html:p>
<html:p>
(c)
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A case plan prepared as required by Section 706.5 shall be submitted to the court. It shall either be attached to the social study or incorporated as a separate section within the social study. The case plan shall include, but not be limited to, the following information:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A description of the circumstances that resulted in the minor being placed under the supervision of the probation department and in foster care.
</html:p>
<html:p>
(2)
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Documentation of the preplacement assessment of the minor’s and family’s strengths and service needs showing that preventive services have been provided, and that reasonable efforts to prevent out-of-home placement have been made. The assessment shall include the type of placement best equipped to meet those needs.
</html:p>
<html:p>
(3)
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(A)
<html:span class="EnSpace"/>
A description of the type of home or institution in which the minor is to be placed, and the reasons for that placement decision, including a discussion of the safety and appropriateness of the placement, including the recommendations of the child and family team, if available.
</html:p>
<html:p>
(B)
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An appropriate placement is a placement in the least restrictive, most family-like environment that promotes normal childhood experiences, in closest proximity to the minor’s home, that meets the minor’s best interests and special needs.
</html:p>
<html:p>
(4)
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Effective January 1, 2010, to ensure the educational stability of the child while in foster care, both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Information providing assurances that the placement agency has taken into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
</html:p>
<html:p>
(B)
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Information providing assurances that the placement agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement, or, if remaining in that school is not in the best interests of the child, that the placement agency and the local educational agency are to provide immediate and appropriate enrollment in a new school and provide all of the child’s educational
records to the new school.
</html:p>
<html:p>
(5)
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Specific time-limited goals and related activities designed to enable the safe return of the minor to the minor’s home, or in the event that return to the minor’s home is not possible, activities designed to result in permanent placement or emancipation. Specific responsibility for carrying out the planned activities shall be assigned to one or more of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The probation department.
</html:p>
<html:p>
(B)
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The minor’s parent or parents or legal guardian or guardians, as applicable.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The minor.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The foster parents or licensed agency providing foster care.
</html:p>
<html:p>
(6)
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The projected date of completion of
the case plan objectives and the date services will be terminated.
</html:p>
<html:p>
(7)
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(A)
<html:span class="EnSpace"/>
Scheduled visits between the minor and the minor’s family and an explanation if no visits are made.
</html:p>
<html:p>
(B)
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Whether the child has other siblings, and, if any siblings exist, all of the following:
</html:p>
<html:p>
(i)
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The nature of the relationship between the child and the child’s siblings.
</html:p>
<html:p>
(ii)
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The appropriateness of developing or maintaining the sibling relationships under Section 16002.
</html:p>
<html:p>
(iii)
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If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
</html:p>
<html:p>
(iv)
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If the siblings are not placed together, all of the following:
</html:p>
<html:p>
(I)
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The frequency and nature of the visits between the siblings.
</html:p>
<html:p>
(II)
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If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
If there are visits between the siblings, a description of the location and length of the visits.
</html:p>
<html:p>
(IV)
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Any plan to increase visitation between the siblings.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The impact of the sibling relationships on the child’s placement and
planning for legal permanence.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The continuing need to suspend sibling interaction, if applicable, under subdivision (c) of Section 16002.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The factors the court may consider in making a determination regarding the nature of the child’s sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with the child’s sibling, as applicable, and whether ongoing contact is in the child’s best emotional interests.
</html:p>
<html:p>
(8)
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(A)
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When placement is made in a resource family home, short-term residential therapeutic program, or other children’s residential facility that is either a
substantial distance from the home of the minor’s parent or legal guardian or out of state, the case plan shall specify the reasons why the placement is the most appropriate and is in the best interest of the minor.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
When an out-of-state residential facility placement is recommended or made, the case plan shall comply with Section 727.1 of this code and Section 7911.1 of the Family Code. In addition, the case plan shall include documentation that the county placing agency has satisfied Section 16010.9. The case plan also shall address what in-state services or facilities were used or considered and why they were not recommended.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
If applicable, efforts to make it possible to place siblings together, unless it has been determined that placement together is not in the best interest of one or more siblings.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
A
schedule of visits between the minor and the probation officer, including a monthly visitation schedule for those children placed in short-term residential therapeutic programs or out-of-state residential facilities, as defined in subdivision (b) of Section 7910 of the Family Code.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Health and education information about the minor, school records, immunizations, known medical problems, and any known medications the minor may be taking, names and addresses of the minor’s health and educational providers; the minor’s grade level performance; assurances that the minor’s placement in foster care takes into account proximity to the school in which the minor was enrolled at the time of placement; and other relevant health and educational information.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
When out-of-home services are used and the goal is reunification, the case plan shall describe the services that were provided to
prevent removal of the minor from the home, those services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For a permanency planning hearing, an updated recommendation for a permanent plan for the minor. The identified permanent plan for a minor under 16 years of age shall be to return home, adoption, legal guardianship, or placement with a fit and willing relative. The case plan shall identify any barriers to achieving legal permanence and the steps the agency will take to address those barriers.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If, after considering reunification, adoptive placement, legal guardianship, or permanent placement with a fit and willing relative the probation officer recommends placement in a planned permanent living arrangement for a minor 16 years of age or older, the
case plan shall include documentation of a compelling reason or reasons why termination of parental rights is not in the minor’s best interest. For purposes of this subdivision, a “compelling reason” shall have the same meaning as in subdivision (c) of Section 727.3. The case plan shall also identify the intensive and ongoing efforts to return the minor to the home of the parent, place the minor for adoption, establish a legal guardianship, or place the minor with a fit and willing relative, as appropriate. Efforts shall include the use of technology, including social media, to find biological family members of the minor.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
For each review hearing, an updated description of the services that have been provided to the minor under the plan and an evaluation of the appropriateness and effectiveness of those services.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
A statement that the parent or legal guardian and the minor
have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation of why the parent, legal guardian, or minor was not able to participate or sign the case plan.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
For a minor in out-of-home care who is 14 years of age or older, a written description of the programs and services, which will help the minor prepare for the transition from foster care to successful adulthood.
</html:p>
<html:p>
(17)
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On and after the date required by paragraph (9) of subdivision (h) of Section 11461:
</html:p>
<html:p>
(A)
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The minor’s tier, if applicable, as determined by the IP-CANS assessment for purposes of the Tiered Rate Structure under subdivision (h) of Section 11461.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If applicable, the
plan to meet the minor’s immediate needs, as defined in paragraph (2) of subdivision (c) of Section 16562, using funding made available for that purpose.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The strengths building activities the minor is engaged in, or desires to be engaged in, a brief description of the strengths building goals identified in the IP-CANS, and the Spending Plan Report, as defined in subdivision (c) of Section 16565, for a minor eligible for the Strengths Building Child and Family Determination Program established in Section 16565.
</html:p>
<html:p>
(d)
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The following shall apply:
</html:p>
<html:p>
(1)
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The agency selecting a placement shall consider, in order of priority:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Placement with relatives, nonrelated extended family members, and tribal members.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Foster family homes and certified homes or resource families of foster family agencies.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Treatment and intensive treatment certified homes or resource families of foster family agencies, or multidimensional treatment foster homes or therapeutic foster care homes.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Group care placements in the following order:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Short-term residential therapeutic programs.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Group homes vendored by a regional center.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Community treatment facilities.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Out-of-state residential facilities as authorized by subdivision (b) of Section 727.1.
</html:p>
<html:p>
(2)
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In
an Indian child custody proceeding as defined in subdivision (d) of Section 224.1, the placement shall comply with the placement preferences set forth in Section 361.31.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Although the placement options shall be considered in the preferential order specified in paragraph (1), the placement of a child may be with any of these placement settings in order to ensure the selection of a safe placement setting that is in the child’s best interests and meets the child’s special needs.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A minor may be placed into a community care facility licensed as a short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400, provided the case plan indicates that the placement is for the purposes of providing short-term, specialized, intensive, and trauma-informed treatment for the minor, the case plan specifies the need for, nature of, and
anticipated duration of this treatment, and the case plan includes transitioning the minor to a less restrictive environment and the projected timeline by which the minor will be transitioned to a less restrictive environment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
On and after October 1, 2021, within 30 days of the minor’s placement in a short-term residential therapeutic program, and, on and after July 1, 2022, within 30 days of the minor’s placement in a community treatment facility, the case plan shall document all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The reasonable and good faith effort by the probation officer to identify and include all required individuals in the child and family team.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
All contact information for members of the child and family team, as well as contact information for other relatives and nonrelative extended family members who are not
part of the child and family team.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Evidence that meetings of the child and family team, including the meetings related to the determination required under Section 4096, are held at a time and place convenient for the family.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
If reunification is the goal, evidence that the parent from whom the minor or nonminor dependent was removed provided input on the members of the child and family team.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Evidence that the determination required under Section 4096 was conducted in conjunction with the child and family team.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The placement preferences of the minor or nonminor dependent and the child and family team relative to the determination and, if the placement preferences of the minor or nonminor dependent or the child and family team are not
the placement setting recommended by the qualified individual conducting the determination, the reasons why the preferences of the team or minor or nonminor dependent were not recommended.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Following the court review required pursuant to Section 727.12, the case plan shall document the court’s approval or disapproval of the placement.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
When the minor or nonminor dependent has been placed in a short-term residential therapeutic program or a community treatment facility for more than 12 consecutive months or 18 nonconsecutive months, or, in the case of a minor who has not attained 13 years of age, for more than 6 consecutive or nonconsecutive months, the case plan shall include both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Documentation of the information submitted to the court pursuant to subparagraph (B) of paragraph (1) of
subdivision (c) of Section 706.5.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Documentation that the chief probation officer of the county probation department, or their designee, has approved the continued placement of the minor or nonminor dependent in the setting.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
On and after October 1, 2021, prior to discharge from a short-term residential therapeutic program, and, on and after July 1, 2022, prior to discharge from a community treatment facility, the case plan shall include a description of the type of in-home or institution-based services to encourage the safety, stability, and appropriateness of the next placement, including the recommendations of the child and family team, if available.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A plan, developed in collaboration with the short-term residential therapeutic program or community treatment facility, as
applicable, for the provision of discharge planning and family-based aftercare support pursuant to Section 4096.6.
</html:p>
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<ns0:BillSection id="id_B5A8B526-F05B-450A-99AB-C8126C194CC7">
<ns0:Num>SEC. 189.</ns0:Num>
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Section 4095 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_DCFEDF3A-4A42-4C66-A766-D19786602126">
<ns0:Num>4095.</ns0:Num>
<ns0:LawSectionVersion id="id_682E070D-B5E6-4F6C-A590-BFCBD6352A2F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is the intent of the Legislature that essential and culturally relevant mental health assessment, case management, and treatment services be available to wards of the court and dependent children of the court placed out of home or who are at risk of requiring out-of-home care. This can be best achieved at the community level through the active collaboration of county social service, probation, education, mental health agencies, and foster care providers.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Therefore, using the Children’s Mental Health Services Act (Part 4 (commencing with Section 5850) of Division 5) as a guideline, the State Department of Health Care Services, in consultation with the County Behavioral Health Directors Association of California, the State Department of Social Services, the
County Welfare Directors Association of California, the Chief Probation Officers of California, and foster care providers, shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
By July 1, 1994, develop an individualized mental health treatment needs assessment protocol for wards of the court and dependent children of the court.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Define supplemental services to be made available to the target population, including, but not limited to, services defined in Article 4 (commencing with Section 540) of Title 9 of the California Code of Regulations as of January 1, 1994, family therapy, prevocational services, and crisis support activities.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Establish statewide standardized rates for the various types of services defined by the department in accordance with paragraph (2), and provided pursuant to this section. The rates shall be designed
to reduce the impact of competition for scarce treatment resources on the cost and availability of care. The rates shall be implemented only when the state provides funding for the services described in this section.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
By January 1, 1994, to the extent state funds are available to implement this section, establish, by regulation, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Definitions of priority ranking of subsets of the court wards and dependents target population.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A procedure to certify the mental health programs.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Only those individuals within the target population as defined in regulation and determined to be eligible for services as a result of a mental health treatment needs assessment may receive services pursuant to this
section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Allocation of funds appropriated for the purposes of this section shall be based on the number of wards and dependents and may be adjusted in subsequent fiscal years to reflect costs.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The counties shall be held harmless for failure to provide any assessment, case management, and treatment services to those children identified in need of services for whom there is no funding.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The State Department of Health Care Services shall make information available to the Legislature, on request, on the service populations provided mental health treatment services pursuant to this section, the types and costs of services provided, and the number of children identified in need of treatment services who did not receive the services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The information required by paragraph (1) may include information on need, cost, and service impact experience from the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Family preservation pilot programs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Pilot programs implemented under the former Children’s Mental Health Services Act (former Chapter 6.8 (commencing with Section 5565.10) of Part 1 of Division 5).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Programs implemented under Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code and Section 11401.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
County experience in the implementation of Section 4096.
</html:p>
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<ns0:BillSection id="id_E148B68C-7F1A-40A0-BF67-093A9ECEA89B">
<ns0:Num>SEC. 190.</ns0:Num>
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Section 5404 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_C9A80947-C23E-4A5D-A90F-F80092EA540E">
<ns0:Num>5404.</ns0:Num>
<ns0:LawSectionVersion id="id_2D8B4A84-138C-4F19-A564-2E4A97DC27AE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Counties may designate facilities to provide evaluation and treatment in accordance with Article 1 (commencing with Section 5150) of Chapter 2 of this part, and intensive treatment in accordance with Article 4 (commencing with Section 5250) to Article 4.7 (commencing with Section 5270.10), inclusive, and Article 6 (commencing with Section 5300) of Chapter 2 of this part. Designated facilities shall meet those designation requirements duly established by the State Department of Health Care Services. Subject to requirements duly established by the State Department of Health Care Services, counties may designate appropriate facilities, that are not hospitals or clinics.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The State Department of Health Care Services shall approve county designation of facilities
to provide the types of treatment described in subdivision (a).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
All regulations relating to the approval of facilities designated by the county in accordance with this part, heretofore adopted by the State Department of Mental Health, or a successor, shall remain in effect and shall be fully enforceable by the State Department of Health Care Services with respect to the designation of any facility or program required to be approved to provide the types of treatment described in subdivision (a), unless and until readopted, amended, or repealed by the State Department of Health Care Services. The State Department of Health Care Services shall succeed to and be vested with all duties, powers, purposes, functions, responsibilities, and jurisdiction of the State Department of Mental Health, or a successor, as they relate to approval of facilities to provide the types of treatment described in subdivision (a).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The State Department of Health Care Services shall, in consultation with the County Behavioral Health Directors Association of California, provider representatives, substance use treatment representatives, patients’ rights advocates, disability rights advocates, and other relevant stakeholders, establish updated regulations for the purpose of developing designation requirements for facilities who are admitting and treating persons involuntarily pursuant to this part. At a minimum, the regulations shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Minimum substance use disorder related service requirements with sufficient substance use disorder staff to maintain appropriate substance use disorder only and cooccurring disorder programs, treatment setting, services, and safety measures, based on the individual patient’s substance use disorder needs.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Standards for offering medications for addiction treatment (MAT) or an effective referral process in place with narcotic treatment programs, community health centers, or other MAT providers.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Length of stay standards consistent with evidence-based care for substance use disorders.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Discharge planning for substance use disorder services, consistent with existing requirements.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Privacy and data sharing requirements, including, but not limited to, developing guidance and tools to facilitate data sharing for care coordination and discharge purposes.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The process for transitioning and assisting designated facilities to meet updated regulatory requirements, including, but not limited
to, providing substance use disorder services.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Systems of public accountability and oversight that include, but are not limited to, readiness to meet, and ongoing maintenance of, required standards for staffing, facilities, and care established pursuant to this section.
</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 State Department of Health Care Services may implement, interpret, or make specific this section, in whole or in part, by means of plan or county letters, information notices, plan or provider bulletins, or other similar instructions, until the time regulations are adopted no later than December 31, 2027.
</html:p>
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<ns0:BillSection id="id_381088DE-0662-46B9-8424-595019E11678">
<ns0:Num>SEC. 191.</ns0:Num>
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Section 5610 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
, as added by Section 25 of Chapter 790 of the Statutes of 2023, is amended to read:
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<ns0:Num>5610.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each county behavioral health system shall comply with reporting requirements developed by the State Department of Health Care Services, in consultation with the California Behavioral Health Planning Council and the Behavioral Health Services Oversight and Accountability Commission, which shall be uniform and simplified.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall review existing data requirements to eliminate unnecessary requirements and consolidate requirements that are necessary.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
These requirements shall provide comparability between counties in reports.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department and the California
Health and Human Services Agency shall develop, in consultation with the Performance Outcome Committee and the California Behavioral Health Planning Council, pursuant to Section 5611, as well as the Behavioral Health Services Oversight and Accountability Commission, uniform definitions and formats for a statewide, nonduplicative, client-based information system that includes all information necessary to meet federal mental health grant requirements, state and federal Medicaid reporting requirements, and other state requirements established by law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The data system, including performance outcome measures reported pursuant to Section 5613, shall be developed by July 1, 1992.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Unless determined necessary by the department to comply with federal law and regulations, the data system developed pursuant to subdivision (b) shall not be more costly than that in place during the
1990–91 fiscal year.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall develop unique client identifiers that permit development of client-specific cost and outcome measures and related research and analysis.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department’s collection and use of client information, and the development and use of client identifiers, shall be consistent with clients’ constitutional and statutory rights to privacy and confidentiality.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Data reported to the department may include name and other personal identifiers.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
That information is confidential and subject to Section 5328 and any other state and federal law regarding confidential client information.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Personal
client identifiers reported to the department shall be protected to ensure confidentiality during transmission and storage through encryption and other appropriate means.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Information reported to the department may be shared with local public behavioral health agencies submitting records for the same person.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The information described in this paragraph is subject to Section 5328.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
All client information reported to the department pursuant to Chapter 2 (commencing with Section 4030) of Part 1 of Division 4 and Sections 5328 to 5772, inclusive, Chapter 8.9 (commencing with Section 14700), and any other state and federal law regarding reporting requirements, consistent with Section 5328, shall not be used for purposes other than those purposes expressly stated in the reporting
requirements referred to in this subdivision.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department may adopt emergency regulations to implement this section in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of emergency regulations to implement this section that are filed with the Office of Administrative Law within one year of the date on which the act that added this subdivision took effect shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare and shall remain in effect for no more than 180 days.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall become operative on July 1, 2026, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary
election.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_5F33E1DA-99CF-4BDB-B788-D2F0773D5A47">
<ns0:Num>SEC. 192.</ns0:Num>
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The heading of Chapter 6.5 (commencing with Section 9320) of Division 8.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended and renumbered to read:
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<ns0:Fragment>
<ns0:LawHeading id="id_FC7F1042-AA46-472F-941E-B0E2C7F7A58A" type="CHAPTER">
<ns0:Num>4.3.</ns0:Num>
<ns0:LawHeadingVersion id="id_D70CCD2A-C29A-4180-B198-0774A42B3EA1">
<ns0:LawHeadingText>Senior Legal Services</ns0:LawHeadingText>
</ns0:LawHeadingVersion>
</ns0:LawHeading>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_97243EE8-277E-4A44-BA8C-25C98A698745">
<ns0:Num>SEC. 193.</ns0:Num>
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Section 10492.2 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_CC5F08DB-B1BA-4FA8-9632-7B53A435E0F6">
<ns0:Num>10492.2.</ns0:Num>
<ns0:LawSectionVersion id="id_AA120261-9E32-468A-8CC4-B8C86429BC9E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The State Department of Social Services, in consultation with the State Department of Education, shall convene a public workgroup to provide recommendations to the State Department of Social Services for the development of the Framework, the Equity Tool, and recommended uses of the Equity Tool for early childhood investments and whole child resources to address racial and economic inequities for California’s youngest children.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The workgroup shall include parents and families from historically underserved communities and shall include, but not be limited to, other stakeholders that bring insight to support the whole child, which may include practitioners, experts, researchers, or advocates in childcare and development, physical and
mental health, childhood adversity, family support and engagement, community safety, economic well-being, and built environments, representatives from First 5 California and local First 5 commissions, representatives of duly designated collective bargaining agents of family childcare home providers, and representatives from resource and referral agencies, local planning councils, and county offices of education. Workgroup members shall reflect the racial, ethnic, linguistic, and economic diversities of the State of California and represent the interests of individuals who are Black, Latinx, and Indigenous, people of color, multilingual communities, LGBTQIA+ families, children with disabilities, and families from socioeconomically disadvantaged communities that have been disproportionately marginalized. The workgroup shall provide updates to the Early Childhood Policy Council to ensure that the council is informed on the workgroup’s recommendations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The workgroup is subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
On or before January 1, 2025, with input from the workgroup, the State Department of Social Services shall finalize and present the Framework, the Equity Tool, and recommended uses of the Equity Tool to the Legislature. The Framework and the Equity Tool shall be used to build on the existing strengths of communities and support them to address their critical needs of young children.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The State Department of Social Services shall publish the tool for public use, including the data and methodology, on the department’s internet website.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_B944F873-829C-481C-9A48-517EB64B6078">
<ns0:Num>SEC. 194.</ns0:Num>
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Section 14149.95 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_BC6BF880-01B6-453D-8249-EEC9C355D55E">
<ns0:Num>14149.95.</ns0:Num>
<ns0:LawSectionVersion id="id_52622654-1843-4024-8BF0-0789CC398C45">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall prepare written informational materials that effectively explain and clarify the scope and nature of early and periodic screening, diagnostic, and treatment (EPSDT) services that are available under the Medi-Cal program. The informational materials shall use clear and nontechnical language.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The informational materials shall include, but not be limited to, the information required in Section 441.56(a) of Title 42 of the Code of Federal Regulations or its successor.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The informational materials shall include content designed for youth, for purposes of delivery of that content to the beneficiaries described in paragraph (2) of subdivision
(d).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department may standardize the informational materials for use by the department and Medi-Cal managed care plans, as deemed appropriate by the department to implement this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall, in consultation with stakeholders, regularly review the informational materials to ensure that the materials are up to date.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To ensure that the informational materials use clear and nontechnical language that effectively informs Medi-Cal beneficiaries, the department shall test the quality, clarity, and cultural concordance of translations of the informational materials with Medi-Cal beneficiaries.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A Medi-Cal managed care plan shall provide to the respective beneficiary who is
eligible for EPSDT services, or to the parent or other authorized representative of that beneficiary, as applicable, the informational materials described in this section within a maximum number of calendar days, as specified by the department, after that beneficiary’s enrollment in a managed care plan and annually thereafter for beneficiaries who continue to be enrolled with the same Medi-Cal managed care plan. For beneficiaries in fee-for-service Medi-Cal, the department or its representative shall provide to the respective beneficiary who is eligible for EPSDT services, or to the parent or other authorized representative of that beneficiary, as applicable, the informational materials described in this section within 60 calendar days after that beneficiary’s initial Medi-Cal eligibility determination and annually thereafter, for beneficiaries who continue to be enrolled in fee-for-service Medi-Cal.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department or the Medi-Cal managed
care plan, as applicable, shall provide the content designed for youth, as described in paragraph (2) of subdivision (b), to a beneficiary who is 12 years of age or older but under 21 years of age, in accordance with the schedule described in paragraph (1).
</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"/>
“EPSDT services” means services covered under subdivision (v) of Section 14132 and that meet the standards set forth in Section 1396d(r) of Title 42 of the United States Code.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
In addition to the screening, vision, dental, and hearing services described in Section 1396d(r)(1)-(4) of Title 42 of the United States Code, EPSDT services include such other necessary health care, diagnostic services, treatment, and other measures described in Section 1396d(a) of Title 42 of the United States Code
to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not those services are covered under the Medi-Cal State plan, in accordance with Section 1396d(r)(5) of Title 42 of the United States Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
EPSDT services also include all age-specific assessments and services listed under the most current periodicity schedule by the American Academy of Pediatrics (AAP) and Bright Futures, and any other medically necessary assessments and services that exceed those listed by AAP and Bright Futures.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A service is “medically necessary” if it meets the applicable medical necessity standards set forth in Sections 14059.5 and 14184.402.
</html:p>
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<ns0:BillSection id="id_377CEB62-EEEA-4792-921F-46811BAA9705">
<ns0:Num>SEC. 195.</ns0:Num>
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Section 16501.35 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_3BD2C1C3-7A0E-40DC-9992-BF66F223EB96">
<ns0:Num>16501.35.</ns0:Num>
<ns0:LawSectionVersion id="id_03F4B7B5-8992-4279-878A-F2B9F6CFE3CC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
County child welfare agencies and probation departments shall implement policies and procedures that require social workers and probation officers to do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Identify children receiving child welfare services, including dependents or wards in foster care, nonminor dependents, and youth receiving services pursuant to Section 677 of Title 42 of the United States Code, who are, or are at risk of becoming, victims of commercial sexual exploitation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Document individuals identified pursuant to paragraph (1) in the statewide child welfare information system and any other agency record as determined by the county.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Determine appropriate services for the child or youth identified pursuant to paragraph (1).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Receive relevant training in the identification, documentation, and determination of appropriate services for any child or youth identified in paragraph (1).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
County child welfare agencies and probation departments shall develop and implement specific protocols to expeditiously locate any child or nonminor dependent missing from foster care. At a minimum, these policies shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Describe the efforts used by county child welfare or probation staff to expeditiously locate any child or nonminor dependent missing from foster care, including, but not limited to, the timeframe for reporting missing youth, the individuals or entities entitled to notice that a youth is missing, any
required initial and ongoing efforts to locate youth, and plans to return youth to placement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Require the social worker or probation officer to do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Determine the primary factors that contributed to the child or nonminor dependent running away or otherwise being absent from care.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Respond to factors identified in subparagraph (A) in subsequent placements, to the extent possible.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Determine the child’s or nonminor dependent’s experiences while absent from care.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Determine whether the child or nonminor dependent is a possible victim of commercial sexual exploitation.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Document the
activities and information described in subparagraphs (A) to (D), inclusive, for federal reporting purposes, consistent with instructions from the department.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Provide notice immediately, but in no case later than 24 hours from receipt of information that the child or nonminor dependent is missing from foster care, to all of the following parties:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The child’s or nonminor dependent’s parents or Indian custodians, unless parental notification has been limited or terminated by the court.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The child’s or nonminor dependent’s legal guardians, unless guardian notification has been limited or terminated by the court.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The attorneys for the parents, legal guardians, or Indian custodians unless notification of the parents, guardians, or Indian
custodians has been limited or terminated by the court.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The child’s or nonminor dependent’s attorney appointed pursuant to subdivision (c) of Section 317, or Section 634.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The child’s or nonminor dependent’s Court-Appointed Special Advocate, if one has been appointed.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The court of jurisdiction.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
The child’s or nonminor dependent’s tribe or tribal representative, if the child or nonminor dependent is, or may be, an Indian child, as defined in Section 224.1.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
Any known sibling of the child or nonminor dependent who is 10 years of age or older and adjudged to be a dependent child of the juvenile court, if such notice would not be contrary to the safety and well-being
of that sibling. Notice to siblings shall be provided in a trauma-informed manner.
</html:p>
<html:p>
(ix)
<html:span class="EnSpace"/>
The local law enforcement agency, including, if applicable, any tribal law enforcement agency for the child’s tribe in the case of an Indian child, as defined in Section 224.1.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Notices issued pursuant to subparagraph (F) shall include contact information for an appropriate social worker or probation officer within the agency issuing the notice.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this section, “missing from foster care” means when the whereabouts of a child subject to an order of foster care placement are unknown to the county child welfare agency or probation department, or when the county child welfare agency or probation department has located a child subject to an order of foster care placement in a location not
approved by the court that may pose a risk to the child, taking into account the age, intelligence, mental functioning, and physical condition of the child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Paragraph (1) shall only apply to a nonminor dependent if, based on the totality of the circumstances, the county child welfare agency or probation department suspects that the nonminor dependent did not voluntarily leave foster care or is at risk of substantial harm.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In consultation with stakeholders, including, but not limited to, the County Welfare Directors Association of California, the Chief Probation Officers of California, former foster youth, and child advocacy organizations, the department shall, no later than January 1, 2020, develop model policies, procedures, and protocols to assist the counties to comply with this section. In addition, the department shall consult with the State Department of Education,
the State Department of Health Care Services, state and local law enforcement, and agencies with experience serving children and youth at risk of commercial sexual exploitation in the development of the model policies and procedures described in subdivision (a).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this section through all-county letters or similar instructions until regulations are adopted.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_2881C136-B338-46A7-890C-64EDCBEAD121">
<ns0:Num>SEC. 196.</ns0:Num>
<ns0:ActionLine action="IS_REPEALED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'26.'%5D)" ns3:label="fractionType: LAW_HEADING||commencingWith: 25004">
The heading of Division 26 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is repealed.
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<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_FAE6FB54-8C22-4F9E-9C6B-302C63E37C2F">
<ns0:Num>SEC. 197.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:statutes1919:CHP191900526:caml#xpointer(%2Fcaml%3AMeasureDoc%2Fcaml%3ABill%2Fcaml%3ABillSection%5Bcaml%3ANum%3D'SECTION%201.'%5D)" ns3:label="fractionType: BILL_SECTION">Section 1 of Chapter 526 of the Statutes of 1919, as amended by Section 1 of Chapter 107 of the Statutes of 2024, is amended to read:</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_53921E04-D93B-462E-8512-E1197933AE79">
<ns0:Num>Sec.1.</ns0:Num>
<ns0:LawSectionVersion id="id_2C635E5B-FD2A-4C2B-91DD-BA5263F36D2C">
<ns0:Content>
<html:p>There is hereby granted to the County of Orange and to its successors all of the right, title, and interest of the State of California held by said state by virtue of its sovereignty in and to all that portion of the tidelands and submerged lands, whether filled or unfilled, bordering upon and under Newport Bay in the said County of Orange, that were outside of the corporate limits of the City of Newport Beach, a municipal corporation, on July 25, 1919, the same to be forever held by said county and by its successors in trust for the uses and purposes and upon the following express conditions:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
That said lands shall be used by said county and its successors for purposes there is a general statewide interest in, as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For the establishment, improvement, and conduct of a public harbor, and for the construction, maintenance, and operation thereon of wharves, docks, piers, slips, quays, ways, and streets, and other utilities, structures, and appliances necessary or convenient for the promotion or accommodation of commerce and navigation, provided that any use of any portion of the lands described in subdivision (a) of Section 2 shall be permitted only if the use is compatible and does not unreasonably interfere with the use of any portion of said lands for one of the purposes set forth in paragraph (3).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the establishment, improvement, and conduct of public bathing beaches, public marinas, public aquatic playgrounds, and similar recreational facilities open to the general public, and for the construction, reconstruction, repair, maintenance, and operation of all works, buildings, facilities,
utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any uses, provided that any use of any portion of the lands described in subdivision (a) of Section 2 shall be permitted only if the use is compatible and does not unreasonably interfere with the use of any portion of said lands for one of the purposes set forth in paragraph (3).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For the preservation, maintenance, and enhancement of said lands in their natural state and the reestablishment of the natural state of said lands so that they may serve as ecological units for scientific study, as open space and as environments that provide food and habitat for birds and marine life, and that favorably affect the scenery and climate of the area.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Except as otherwise provided in this section, said county or its successors shall not, at any time, grant, convey, give, or
alienate said lands, or any part thereof, to any individual, firm, or corporation for any purposes whatever, provided that said county or its successors may grant franchises thereon for a period not exceeding 66 years for wharves and other public uses and purposes, and may lease said lands or any part thereof for a period not exceeding 66 years for purposes consistent with the trust permitting that said lands are held by the State of California, and with the uses specified in this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Said lands shall be improved without expense to the state, provided, however, that nothing contained in this act shall preclude expenditures for the development of said lands for any public purpose not inconsistent with commerce, navigation, and fishery, by the state, or any board, agency, or commission thereof, nor by the county of any funds received for these purposes from the state or any board, agency, or commission thereof.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In the management, conduct, operation, and control of said lands or any improvements, betterments, or structures thereon, the county or its successors shall make no discrimination in rates, tolls, or charges for any use or service in connection therewith.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The State of California shall have the right to use without charge any transportation, landing or storage improvements, betterments, or structures constructed upon said lands for any vessel or other watercraft or railroad owned or operated by the State of California.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
There is hereby reserved to the people of the State of California the right to fish in the waters on said lands with the right of convenient access to said water over said lands for said purpose, and these rights shall be subject to the rules and regulations as are necessary for the
accomplishment of the uses specified in subdivision (a).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
There is hereby excepted and reserved in the State of California all deposits of minerals, including oil and gas, in said lands, and to the State of California, the right to prospect for, mine, and remove deposits from said lands, provided, however, that the prospecting, mining, and removal shall not unreasonably interfere with the use of the lands granted herein for the purposes set forth in paragraph (3) of subdivision (a).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Within 90 days of the effective date of the amendment of this section at the 1975–76 Regular Session of the Legislature, the county shall grant to the State of California, acting by and through the State Lands Commission, such portions of said lands as are located within the parcel of property described in subdivision (a) of Section 2, for the establishment, and improvement and conduct of an
ecological reserve, or wildlife refuge, or both, and other compatible uses by the Department of Fish and Wildlife, provided, however, that if at any time the Department of Fish and Wildlife no longer uses the portions of the lands so granted by the county to the State Lands Commission for that purpose, the lands so granted shall revert to the county to be held pursuant to the provisions of this grant. Forthwith upon receipt of the grant from the county to the State Lands Commission, the State Lands Commission shall lease the lands so granted to the Department of Fish and Wildlife. The public benefit shall be the sole consideration to be received by the State Lands Commission from the Department of Fish and Wildlife for said lease. Any and all income received by the Department of Fish and Wildlife from the lands so leased shall be used only in connection with the department’s improvement and administration of the leased lands. For purposes of this subdivision, the term “ecological reserve” means the same as
defined in Sections 1580 to 1584, inclusive, of the Fish and Game Code.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The county may grant to the City of Newport Beach, a municipal corporation, that portion of said lands described in subdivision (b) of Section 2 (presently known as North Star Beach) for the establishment, improvement, and conduct of a public beach and related public facilities, provided, however, that if at any time the City of Newport Beach no longer uses said portion of said lands so granted by the county to the City of Newport Beach for that purpose, the lands so granted shall revert to the county to be held pursuant to the provisions of this grant. The use of any lands conveyed by the county pursuant to the provisions of this subdivision shall be compatible and not unreasonably interfere with any use of adjacent lands in accordance with paragraph (3) of subdivision (a) and subdivision (h).
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The
provisions of Section 6359 of the Public Resources Code shall not be applicable to this amendment of the grant to the county.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The county shall establish a separate tidelands trust fund or funds in a manner as may be approved by the State Lands Commission and the county shall deposit in the fund or funds all moneys received directly from, or indirectly attributable to, the granted tidelands in the county.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Notwithstanding any other law, the county, acting either alone or jointly with another local or state agency, may use revenues accruing from or out of the use of the granted tidelands for any or all of the purposes set forth in this act.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
The revenues may be deposited in one or more reserve funds for use in accordance with the terms and conditions set forth in this act.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
As to the accumulation and expenditure of revenues for any single capital improvement on the granted lands involving an amount in excess of two hundred fifty thousand dollars ($250,000) in the aggregate, the county shall file with the State Lands Commission a detailed description of the capital improvement not less than 90 days before the time of any disbursement therefor or in connection therewith, excepting preliminary planning. The State Lands Commission may, within 90 days after the time of the filing, determine and notify the county that the capital improvement is not in the statewide interest and benefit or is not authorized by the provisions of subdivision (l). The State Lands Commission may request the opinion of the Attorney General on the matter, and if it does so, a copy of the opinion shall be delivered to the county with the notice of its determination. In the event the State Lands Commission notifies the county that the capital
improvement is not authorized, the county shall not disburse any revenue for or in connection with the capital improvement, unless and until it is determined to be authorized by a final order or judgment of a court of competent jurisdiction. The county is authorized to bring suit against the state for the purpose of securing an order or adjudication, and the suit shall have priority over all other civil matters. Service shall be made upon the Executive Officer of the State Lands Commission and the Attorney General, and the Attorney General shall defend the state in the suit. If judgment be given against the state in the suit, no costs shall be recovered against it.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
At the end of every third fiscal year, beginning June 30, 1977, that portion of the county tideland trust revenues in excess of two hundred fifty thousand dollars ($250,000) remaining after current and accrued operating costs and expenditures directly
related to the operation or maintenance of tideland trust activities have been made shall be deemed excess revenues, provided that any funds deposited in a reserve fund for future capital expenditures or any funds used to retire bond issues for the improvement or operation of the granted lands shall not be deemed excess revenue. Capital improvements of the granted lands for purposes authorized by this act, including improvements that may be paid for by the county from revenues within the lands to be conveyed to the state pursuant to this act, may be considered as expenditures for the purposes of determining net revenues, provided, however, that if made after the effective date of this act they may be so considered only if made in accordance with subdivision (n).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The excess revenue, as determined pursuant to subdivision (n), shall be divided as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Eighty-five percent
to the General Fund in the State Treasury.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Fifteen percent to the county to be deposited in the trust fund and used for any purpose authorized by subdivision (l).
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
The State Lands Commission, at the request of the county, shall grant an extension of time, not to exceed 30 calendar days, for filing any report or statement required by this act that was not filed due to mistake or inadvertence.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
In the event that the county fails or refuses to file with the State Lands Commission any report, statement, or document required by any provision of this act, or any extension period granted pursuant to this act, or fails or refuses to carry out the terms of this act, the Attorney General shall, upon the request of the State Lands Commission, bring judicial proceedings for correction and enforcement as are
appropriate, and shall act to protect any improvements to, or assets situated upon, the granted lands or diverted therefrom. The State Lands Commission shall notify the Chief Clerk of the Assembly and the Secretary of the Senate within 30 days of the occurrence of any failure or refusal and of actions taken as a result thereof.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
The State Lands Commission shall, from time to time, recommend to the Legislature amendments as it may deem necessary in the terms and conditions of this act.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
The State Lands Commission shall, from time to time, institute a formal inquiry to determine that the terms and conditions of this act, and amendments thereto, have been complied with in good faith.
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
The State Lands Commission shall, on or before December 31 of each year, report to the Chief Clerk of the Assembly and to the
Secretary of the Senate the full details of any transaction or condition reported to the commission pursuant to this act that it deems in probable conflict with the requirements of this act, or with any other provision of law.
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
The Attorney General, on request by resolution of either house of the Legislature, or upon formal request of the State Lands Commission made only after a noticed public hearing where the grantee has been given an opportunity to fully express any disagreement with the commission’s findings or to describe any extenuating circumstances causing the violation, shall bring an action in the Superior Court in the County of Orange to declare that the grant under which the county holds the tidelands and submerged lands is revoked for gross and willful violation of the provisions of this act or other legislative enactment, or to compel compliance with the terms and conditions of the grant and any other provision of law,
including, but not limited to, this act.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The county shall cause to be made and filed with the State Lands Division, annually, a detailed statement of receipts and expenditures by it of all rents, revenues, issues, and profits in any manner hereafter arising from the granted lands or any improvements, betterments, or structures thereon. The Department of Fish and Wildlife and City of Newport Beach, in lieu of the county, shall establish funds, make deposits, and make statements as to any lands conveyed to said department and city pursuant to subdivisions (h) and (i).
</html:p>
<html:p>
(w)
<html:span class="EnSpace"/>
The provisions of Sections 6701 to 6706, inclusive, of the Public Resources Code shall be applicable to this section.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_AA9D299C-3874-47DF-A4EE-DE9FD228F6CC">
<ns0:Num>SEC. 198.</ns0:Num>
<ns0:Content>
<html:p>Any section of any act enacted by the Legislature during the 2025 calendar year that takes effect on or before January 1, 2026, 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>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>
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