California Bills

(1) Under existing law, the State Department of Public Health licenses and regulates clinical laboratories and certain clinical laboratory personnel performing clinical laboratory tests or examinations, subject to certain exceptions. Existing law requires a clinical laboratory to perform all clinical laboratory tests or examinations classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) in conformity with the manufacturer's instructions. Existing law requires a clinical laboratory that performs tests or examinations that are not classified as waived under CLIA to establish and maintain a quality control program that meets specified CLIA standards. This bill would provide that the quality control program may include the clinical laboratory's use of an alternative quality testing procedure recognized by the Centers for Medicare and Medicaid Services, including equivalent quality control procedures or an Individual Quality Control Plan, as specified. (2) Existing federal law, the federal Patient Protection and Affordable Care Act (PPACA) , enacts various health care coverage market reforms that took effect January 1, 2014. Among other things, PPACA requires each state, by January 1, 2014, to establish an American Health Benefit Exchange that facilitates the purchase of qualified health plans by qualified individuals and qualified small employers. Existing state law establishes the California Health Benefit Exchange (the Exchange) within state government for the purpose of facilitating the enrollment of qualified individuals and qualified small employers in qualified health plans, and specifies the powers and duties of the board governing the Exchange. Among other things, existing law grants the board the authority to standardize products to be offered through the Exchange, and requires the board to establish and use a competitive process to select participating carriers and any other contractors, as specified. This bill would require any product standardized by the board to be discussed by the board during at least one properly noticed board meeting prior to the board meeting at which the board adopts the standardized products. The bill would require the board to adopt a Health Benefit Exchange Contracting Manual incorporating procurement and contracting policies and procedures that shall be followed by the Exchange, as specified. The bill would also exempt any regulations adopted, amended, or repealed by the board to implement these provisions from the Administrative Procedure Act. (3) Existing law authorizes the board of the Exchange to adopt emergency regulations until January 1, 2016. Existing law prohibits the Office of Administrative Law from repealing any emergency regulations adopted until revised or repealed by the board, except that existing law also requires any emergency regulation adopted by the board to be repealed by operation of law, except as specified. Existing law allows more than 2 readoptions of those emergency regulations until January 1, 2017, and allows the emergency regulations adopted by the board to remain in effect for 2 years, as specified. This bill would extend the authority of the board of the Exchange to adopt emergency regulations until January 1, 2017. The bill would delete the prohibition against the office from repealing any emergency regulation of the board, but would continue to require any emergency regulation adopted by the board to be repealed by operation of law, except as specified. The bill would instead authorize the board to allow more than 2 readoptions of those emergency regulations until January 1, 2020, and would allow the emergency regulations adopted by the board to instead remain in effect for 3 years, as specified. (4) Existing law provides for the licensure and regulation of health care facilities, including skilled nursing facilities and long-term health care facilities, as defined, by the State Department of Public Health. Existing law imposes specified fees for the licensure of skilled nursing facilities. This bill would require the fees for the licensure of skilled nursing facilities to be increased in a specified manner to generate moneys for expenditure by the California Department of Aging for purposes of its Long Term Care Ombudsman Program for work related to investigating complaints against skilled nursing facilities and increasing visits to those facilities. (5) Existing law requires the State Department of Public Health to follow specified procedures when the department receives a written or oral complaint about a long-term health care facility, as specified, including investigation procedures. Existing law requires the issuance of a citation under specified provisions to be served upon a facility within 3 working days of a final determination, unless a licensee agrees to an extension of time. This bill would make changes to those investigation procedures, as specified, including, but not limited to, changing the time period for investigation of a complaint and authorizing an extension of that time period under extenuating circumstances. The bill would instead require a citation issued under those provisions to be served within 30 days of a final determination or completion of a complaint investigation, as specified. The bill would make conforming changes to a reporting requirement. Existing law requires the State Department of Public Health, when it receives a complaint or report involving a general acute care hospital, acute psychiatric hospital, or special hospital, that indicates an ongoing threat of imminent danger of death or serious bodily harm, to complete an investigation of the complaint or report within 45 days. If the department fails to meet those requirements, this bill would require the department to document the extenuating circumstances leading to the failure to meet the 45-day time period, and to provide written notice to the facility and the complainant of the extenuating circumstances and an anticipated completion date. (6) Existing law requires the State Department of Health Care Services to perform various health functions, including providing for breast and cervical cancer screening and treatment for low-income individuals, prostate cancer screening and treatment for low-income and uninsured men, and specified family planning services. This bill would require, with regard to the above health care programs, providers, or the enrolling entity, as applicable, to make available to all applicants and beneficiaries prior to, or concurrent with, enrollment, information on the manner in which to apply for insurance affordability programs, in a manner determined by the department. The information provided would be required to include the manner in which applications can be submitted for insurance affordability programs, information about the open enrollment periods for the Exchange, and the continuous enrollment aspect of the Medi-Cal program. (7) Existing law creates the Food Safety Fund, as a special fund, and requires all moneys collected by the State Department of Public Health, pursuant to specified authority, to be deposited in the fund, for use by the department, upon appropriation by the Legislature, for the purposes of providing funds necessary to carry out and implement, among other things, inspection provisions relating to food, licensing, inspection, enforcement, and specified provisions relating to water. This bill would require moneys awarded to the department pursuant to court orders or settlements for the use of food safety-related activities to be deposited in the fund for those same health and safety purposes. (8) Existing law authorizes a public entity that receives General Fund money from the State Department of Public Health for HIV prevention and education to use that money to support clean needle and syringe exchange programs authorized pursuant to law. Existing law requires several conditions to be met for the use of funds in this manner, such as the amount used not exceeding 7.5% of the total amount of General Fund money received for HIV prevention and education. This bill would authorize the State Department of Public Health to purchase sterile hypodermic needles and syringes, and other supplies, for distribution to syringe exchange programs, for the purpose of reducing the spread of HIV, hepatitis C, and other potentially deadly blood-borne pathogens. (9) Existing law requires the State Public Health Officer to establish, and authorizes him or her to administer, a program to provide drug treatments to persons infected with HIV, to the extent that state and federal funds are appropriated. Existing law makes a person financially eligible to receive services under this program if his or her adjusted gross income does not exceed $50,000 per year, and as specified. Existing law establishes a payment schedule to determine the payment obligation of a person receiving drugs under the program, except as specified. Existing law requires the State Department of Public Health and the Franchise Tax Board to exchange prescribed information in order to verify financial eligibility under the program. Existing law provides that this information constitutes confidential public health records, as specified. This bill would instead make a person financially eligible to receive services under the program if his or her modified adjusted gross income, as defined, does not exceed 500% of the federal poverty level, as defined, per year based on family size and household income, as defined. The bill would make conforming changes to the provisions that establish a payment schedule and that require the department and the board to exchange information for purposes of determining eligibility. (10) Existing law establishes various programs relating to treatment of persons with the human immunodeficiency virus (HIV) and the acquired immune deficiency syndrome (AIDS) . Under existing law, the Office of AIDS, State Department of Public Health, is responsible for coordinating state programs, services, and activities relating to HIV and AIDS, and AIDS-related conditions. This bill would require the State Department of Public Health, upon an appropriation in the annual Budget Act, to establish the Pre-Exposure Prophylaxis (PrEP) Navigator Services Program, under which the department shall provide for specified activities relating to, among other things, oversight of the program and funding for community-based organizations and local health departments to provide outreach and education services to populations affected by HIV. (11) Existing law requires the State Department of Public Health to make available protocols and guidelines developed by the National Institutes of Health, the University of California at San Francisco, and California legislative advisory committees on hepatitis C for educating physicians and health professionals and training community service professionals and training community service providers on the most recent scientific and medical information on hepatitis C detection, transmission, diagnosis, treatment, and therapeutic decisionmaking. This bill would establish a 3-year Hepatitis C Linkage to Care demonstration pilot project to allow for innovative, evidence-based approaches to provide outreach, hepatitis C screening, and linkage to, and retention in, quality health care for the most vulnerable and underserved individuals living with, or at high risk for, hepatitis C viral infection. The bill would, upon appropriation, require the department to award funding to community-based organizations or local health jurisdictions to operate demonstration pilot projects, as specified. (12) Existing law requires the governing board of a county to establish a community child health and disability prevention program for the purpose of providing early and periodic evaluation of the health status of children in the county. The program plan is required to include screening and evaluation for each child, including referrals to a dentist participating in the Medi-Cal program for all children 3 years of age and older who are eligible for Medi-Cal. This bill would, instead, require the program plan to include referrals to a dentist for all children eligible for the Medi-Cal program one year of age and older. Because the bill would require expansion of the county program plan, it would create a state-mandated local program. (13) Existing law requires the State Department of Public Health to establish a program for the development, provision, and evaluation of genetic disease testing. Existing law requires the department to charge a fee to all payers for certain genetic disease screening tests and activities. Existing law requires fees charged for prenatal screening and followup services provided to persons enrolled in the Medi-Cal program, health care service plan enrollees, or persons covered by health insurance policies, to be paid in full and deposited in the Genetic Disease Testing Fund or the Birth Defects Monitoring Program Fund, as prescribed, subject to all terms and conditions of each enrollee's or insured's health care service plan or insurance coverage, including, but not limited to, applicable copayments and deductibles. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law also provides for the regulation of health insurers by the Department of Insurance. Under existing law, a group or individual health care service plan contract, with designated exceptions, or a health insurer is required to include coverage for the statewide Expanded Alpha Feto Protein (AFP) genetic testing program. This bill would prohibit coverage by a health care service plan or health insurer for these genetic testing services from being subject to copayment, coinsurance, deductible, or any other form of cost sharing. The services would be paid according to the fee amounts set under the department's genetic disease testing programs and applicable regulations. The bill also would make various technical and conforming changes. Because existing law makes a willful violation of the provisions relating to health care services plans a crime, by expanding the definition of this crime, the bill would impose a state-mandated local program. (14) Under existing law, a health care service plan and a health insurer are required to offer a standard benefit plan, as specified, under which health care service plans and insurers are required to continue to provide coverage under the same terms and conditions prescribed under a previously authorized pilot program. Under existing law, the State Department of Health Care Services is responsible for paying the costs of the coverage, completing periodic reconciliation reports with health care service plans and insurers, and adopting appropriate regulations. Existing law requires the department to complete reconciliation with a health care service program or insurer for a given reporting period within 6 months after receiving the plan's or insurer's conciliation report. Existing law establishes the California Major Risk Medical Insurance Program (MRMIP) , which is administered by the department, operative July 1, 2014. Under existing law, MRMIP provides major risk medical coverage to certain categories of individuals who have been rejected for coverage by at least one private health plan, and meet other program requirements. Existing law specifies the powers and duties of the department with respect to MRMIP. Existing law creates the Major Risk Medical Insurance Fund as a continuously appropriated fund for purposes of funding services under MRMIP and the standard benefit plans described above. This bill would extend the time within which the department is required to complete reconciliation with plans and insurers, to 18 months after receiving the conciliation report. The bill would authorize the department to implement these provisions in a specified manner. The bill would also establish procedures that would apply under circumstances in which the department and a health care service plan or health insurer have not agreed to a final reconciliation of the amount to be expended from the Major Risk Medical Insurance Fund or to be reimbursed to the fund for the purposes described above, including provisions relating to the payment of interest or the negotiation of payment plans, as specified. (15) Existing law establishes the Office of Problem and Pathological Gambling within the State Department of Public Health. Under existing law, the office is responsible for developing programs for problem gambling prevention and treatment services for California residents. Existing law defines the terms "pathological gambling disorder" and "problem gambling" for these purposes. This bill would rename that office the Office of Problem Gambling and would substitute the term "gambling disorder," as defined, for the terms "pathological gambling disorder" and "problem gambling." The bill would, among other things, additionally authorize the gambling disorder prevention and treatment programs to provide services to an affected individual, which the bill would define as a person who experiences adverse psychiatric or physical impacts due to another person's gambling disorder. The bill would also authorize the treatment program to include research and training components, as specified. (16) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. The federal Medicaid Program provisions prohibit payment to a state for medical assistance furnished to an alien who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. This bill would extend eligibility for full-scope Medi-Cal benefits to individuals under 19 years of age who do not have, or are unable to establish, satisfactory immigration status. The bill would direct the State Department of Health Care Services to seek any necessary federal approvals to obtain federal financial participation for these services, and would require that these services be provided with state-only funds only if federal financial participation is not available. Because counties are required to make Medi-Cal eligibility determinations and this bill would expand Medi-Cal eligibility, the bill would impose a state-mandated local program. (17) Existing law, until July 1, 2015, requires the department to retain or delegate the authority to perform Medi-Cal eligibility determinations as set forth in specified provisions related to electronic determination of eligibility. This bill would delete the repeal date, and would thereby extend the operation of those provisions indefinitely. (18) Existing law authorizes certain ground emergency medical transportation providers to receive supplemental Medi-Cal reimbursement in addition to the rate of payment that the provider would otherwise receive for those services. Existing law specifies the manner in which the supplemental reimbursement is calculated, and requires the nonfederal share of the supplemental reimbursement to be paid only with funds from specified governmental entities. This bill would require the State Department of Health Care Services to develop a modified supplemental reimbursement program that would seek to increase the reimbursement to an eligible provider, as specified. The bill would provide that the department shall not implement the modified program unless it determines that the modified program would likely result in an overall increase to the supplemental reimbursement available under existing law, and the department receives all necessary federal approvals. (19) Existing law requires, except as otherwise provided, Medi-Cal provider payments and payments for specified non-Medi-Cal programs to be reduced by 10% for dates of service on and after June 1, 2011, and requires payments to Medi-Cal managed health care plans to be reduced by the actuarial equivalent amount of the payment reductions for fee-for-service Medi-Cal benefits, as specified. This bill would exempt from the application of those reductions dental services and applicable ancillary services for dates of service on or after July 1, 2015, or the effective date of any necessary federal approvals, whichever is later. The bill would also exempt from the application of those reductions payments to dental managed care plans for contract amendments or change orders effective on or after July 1, 2015, or the effective date of any necessary federal approvals, whichever is later. (20) Existing law authorizes the State Department of Health Care Services, subject to federal approval, to create a Health Home Program for Medi-Cal enrollees with chronic conditions, as prescribed, as authorized under federal law. This bill would create the Health Home Program Account in the Special Deposit Fund within the State Treasury in order to collect and allocate non-General Fund public or private grant funds, to be expended upon allocation by the Legislature, for the purposes of implementing the Health Home Program. The bill would appropriate $50,000,000 from the Health Home Program Account to the State Department of Health Care Services for the purposes of implementing the Health Home Program. (21) Existing law requires Medi-Cal beneficiaries to make set copayments for specified services and, upon federal approval, existing law revises these copayment rates and makes other related changes, as specified. This bill would delete the revised copayment rate provisions and would make a conforming change. (22) Under existing law, the Legislature finds and declares that linking appropriate funding for county Medi-Cal administrative operations, including annual cost-of-doing-business adjustments, with performance standards will give counties the incentive to meet the performance standards and enable them to continue to do the work they do on behalf of the state. Existing law provides that it is the intent of the Legislature to provide appropriate funding to the counties for the effectual administration of the Medi-Cal program, except for specified fiscal years in regard to any cost-of-doing-business adjustment. This bill would additionally provide that it is the intent of the Legislature to not appropriate funds for the cost-of-doing-business adjustment for the 2015–16 fiscal year. (23) One of the methods by which Medi-Cal services are provided is pursuant to contracts with various types of managed care health plans. Existing federal law provides for the federal Medicare Program, which is a public health insurance program for persons who are 65 years of age or older and specified persons with disabilities who are under 65 years of age. Existing law requires the State Department of Health Care Services to seek federal approval pursuant to a Medicare or Medicaid demonstration project or waiver, or a combination thereof, to establish a demonstration project, known as the Coordinated Care Initiative, that enables beneficiaries who are dually eligible for the Medi-Cal program and the Medicare Program to receive a continuum of services that maximizes access to, and coordination of, benefits between these programs. Existing law requires that Medi-Cal beneficiaries who have dual eligibility in the Medi-Cal and Medicare programs be assigned as mandatory enrollees into managed care health plans in counties participating in the demonstration project, and requires, beginning January 1, 2015, or 19 months after commencement of beneficiary enrollment into managed care, whichever is later, all Medi-Cal long-term services and supports, which includes Multipurpose Senior Services Program (MSSP) services, to be covered under managed care health contracts and only available through managed care health plans to beneficiaries residing in counties participating in the Coordinated Care Initiative. This bill would extend the transition date MSSP services are required to be a Medi-Cal benefit only available through managed care health plans to no later than December 31, 2017, or on the date managed care health plans and MSSP providers jointly satisfy the readiness criteria developed by the department, and would make additional conforming changes. The bill would require the department to notify the appropriate fiscal and policy committees of the Legislature of its intent to transition MSSP services to managed care health plans at least 30 days before this transition occurs. The bill would require the department and the California Department of Aging, in consultation with specified entities, to develop readiness criteria, as specified. The bill would require the department to evaluate the readiness of the managed care health plans and MSSP providers to commence the transition of MSSP services to managed care health plans. (24) Existing law requires the State Department of Health Care Services to accept contributions by private foundations in the amount of at least $14,000,000 for purposes of making Medi-Cal in-person enrollment assistance payments to eligible entities and persons, as specified, and in the amount of at least $12,500,000 to provide allocations for the management and funding of Medi-Cal outreach and enrollment activities, as specified. Existing law requires the department to seek federal matching funds for those purposes. Existing law establishes the Healthcare Outreach and Medi-Cal Enrollment Account in the Special Deposit Fund within the State Treasury in order to collect and allocate these funds, as specified. This bill would require the department to make the in-person enrollment assistance payments described above for submitted applications received through June 30, 2015, that result in approved applications. Once all of those payments have been made, the bill would require the department to allocate any remaining funds accepted pursuant to the in-person enrollment assistance payment provisions to counties to be used for the Medi-Cal outreach and enrollment activities described above. The bill would require those remaining funds that are allocated to those counties to be distributed to community-based organizations providing enrollment assistance to prospective Medi-Cal enrollees, as specified. The bill would authorize those counties to retain a specified amount for administrative costs. The bill would require the department to make an initial allocation to counties for these funds no later than January 1, 2016, and the final allocation no later than June 30, 2016. The bill would make the in-person enrollment assistance provisions inoperative on a specified date. (25) Existing law establishes the California Health Benefit Exchange within state government and specifies the powers and duties of the executive board governing the Exchange. Existing law requires the board to undertake outreach and enrollment activities that seek to assist enrollees and potential enrollees with enrolling in the Exchange, and requires the board to inform individuals of eligibility requirements for the Medi-Cal program, the Healthy Families Program, or any applicable state or local public program, and, if through screening of the application by the Exchange, the Exchange determines that an individual is eligible for of those programs, to enroll that individual in the program. Existing law requires the department to accept specified contributions by private foundations for purposes of making payments to entities and persons for Medi-Cal in-person enrollment assistance and renewal assistance, and to provide allocations for the management and funding of Medi-Cal outreach and enrollment plans, as specified. Existing law further requires the State Department of Health Care Services to immediately seek an equal amount of federal matching funds. Existing law appropriates specified funds to the department from the Healthcare Outreach and Medi-Cal Enrollment Account for the purposes described above, which are available for encumbrance or expenditure until June 30, 2016, and December 31, 2016, as specified. This bill would make the requirement that the State Department of Health Care Services accept the private foundation funding for outreach and enrollment grants inoperative on June 30, 2018. The bill would extend the availability of amounts previously appropriated from the Healthcare Outreach and Medi-Cal Enrollment Account and the Federal Trust Fund to June 30, 2018, thereby making an appropriation. (26) This bill would require, upon an appropriation of funds by the Legislature for this purpose, the State Department of Health Care Services to provide a grant to health benefit plans that meet certain criteria for purposes of funding health care coverage for agricultural employees and dependents, as specified. (27) This bill, for the 2015–16 fiscal year and upon appropriation of funds by the Legislature for this purpose, would require the State Department of Health Care Services to provide a grant to LifeLong Medical Care, a federally qualified health center in Contra Costa County, to be used to support LifeLong Medical Care. (28) Existing law, the Budget Act of 2013, appropriates $142,000,000 to the California Health Facilities Financing Authority (CHFFA) for mental health wellness grants. Existing law, the Budget Act of 2013, authorizes these funds to be available for encumbrance or expenditure until June 30, 2016. This bill would authorize CHFFA to use up to $3,000,000 of these funds, if unencumbered, to develop peer respite sites. The bill would require any grant awards authorized by CHFFA for peer respite sites to be used to expand local resources for the development, capital, equipment acquisition, and applicable program startup or expansion costs to increase bed capacity for peer respite support services. The bill would authorize CHFFA to adopt emergency regulations relating to grants for peer respite sites in accordance with the Administrative Procedure Act. (29) This bill would require the Office of System Integration to report to the Legislature by April 1, 2017, on the feasibility, benefits, costs, and risks of installing the Modified Adjusted Gross Income (MAGI) Eligibility Decision Engine in one, two, or all of the Statewide Automated Welfare System consortia systems. (30) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (31) This bill would make legislative findings and declarations as to the necessity of a special statute for LifeLong Medical Care and Contra Costa County. (32) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (33) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

This measure would declare June 1, 2015, as Disneyland Day in recognition of the 60th anniversary of Disneyland.

Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing federal law authorizes the state to obtain waivers for home- and community-based services. Existing law authorizes the department to seek an increase in the scope of these waivers, in order to enable additional nursing facility residents to transition into the community, subject to implementation of these amended waivers upon obtaining federal financial participation, and to the extent it can demonstrate fiscal neutrality within the overall department budget. This bill would authorize the department to seek additional increases in the scope of the home- and community-based Nursing Facility/Acute Hospital Waiver. The bill would require the department to, by February 1, 2016, apply for an additional 5,000 slots, to be added in the 2016–17 fiscal year, beyond those currently authorized for the waiver.

This measure would urge the United States Department of Labor and the Congress of the United States to investigate alleged misuse of the H1-B Visa program.

(1) Existing law establishes the Department of the California Highway Patrol, which is under the control of a civil executive officer, known as the Commissioner of the California Highway Patrol. Under existing law, the commissioner is required to, among other things, enforce all laws regulating the operation of vehicles and the use of the highways, except as provided. This bill would require, on or before January 1, 2016, the department to develop a plan for implementing a body-worn camera pilot program. The bill would require that plan to examine, among other things, the minimum specifications for body-worn cameras to be utilized in a body-worn camera program, best practices for officer review of recorded body-worn camera data, and best practices for sharing recorded body-worn camera data internally and externally. (2) Existing law designates official state holidays, including Native American Day. Existing law makes those state holidays, with certain exceptions, judicial holidays. This bill would additionally exclude Native American Day from the list of judicial holidays. (3) Existing law establishes in the State Treasury the Local Revenue Fund 2011, a continuously appropriated fund, and requires that its funds be allocated exclusively for public safety services, as defined. Existing law creates the Enhancing Law Enforcement Activities Subaccount in that fund and further creates the Enhancing Law Enforcement Activities Growth Special Account in that subaccount. Existing law requires each county to establish in the county treasury various corresponding subaccounts and special accounts for the receipt of funds allocated to a county for specified local law enforcement purposes. Existing law allocates specified funds on August 25 of each year from the Enhancing Law Enforcement Activities Growth Special Account to the corresponding subaccount at the county level, including the following: 27.08% for purposes that include jail construction and operation and criminal prosecution; 27.08% to implement multiagency juvenile justice plans; and 7.44% to counties that operate juvenile camps and ranches, based on the number of beds in each camp. Existing law allocates these funds to counties pursuant to a schedule provided by the Department of Finance for these purposes. This bill would delete the requirement that the funds be allocated on August 25 of each year and would make other technical changes. (4) Existing law establishes in each county treasury a Supplemental Law Enforcement Services Account (SLESA) and requires the county auditor to allocate moneys in the SLESA in a prescribed manner to counties and cities located within the county for the purpose of funding specified public safety programs. Existing law requires a local agency that receives SLESA moneys to expend or encumber those moneys no later than June 30 of the fiscal year following receipt. Existing law requires a local agency that does not meet that requirement to remit unspent SLESA moneys for deposit in the County Enhancing Law Enforcement Activities Subaccount. This bill would, beginning July 1, 2015, eliminate the deadline for a local agency to expend or encumber SLESA moneys. This bill would require the county auditor to redirect unspent SLESA moneys that were remitted after July 1, 2012, to the County Enhancing Law Enforcement Activities Subaccount to the agency that remitted the moneys, as specified. (5) Existing law, until July 1, 2015, imposes a supplemental fee of $40 for filing first papers in certain civil proceedings, subject to reduction if the amount of the General Fund appropriation to the Trial Court Trust Fund is decreased from the amount appropriated in the 2013–14 fiscal year. This bill would extend the operation of the supplemental fee until July 1, 2018. (6) Existing law, until July 1, 2015, requires a $1,000 fee to be paid on behalf of all plaintiffs, and by each defendant, intervenor, respondent, or adverse party to a civil action that is designated or determined to be a complex case. On and after July 1, 2015, existing law requires a fee of $550 to be paid under those circumstances. Existing law, until July 1, 2015, imposes a limitation of $18,000 on the total amount of complex fees collected from all defendants, intervenors, respondents, or other adverse parties appearing in a complex case. On and after July 1, 2015, existing law imposes a limitation of $10,000 on the amount of the fee required to be paid in those circumstances. This bill would extend the operation of the $1,000 complex case fee and the $18,000 total fee limitation to July 1, 2018, thereby extending that higher fee rate and limitation by 3 years. (7) Under existing law, the uniform fee for filing any specified motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is $60 until July 1, 2015, at which time that fee is reduced to $40. This bill would extend the operation of the $60 filing fee to July 1, 2018, thereby extending that higher fee by 3 years. (8) Existing law, the California Community Corrections Performance Incentives Act of 2009, authorizes each county to establish a Community Corrections Performance Incentives Fund, and authorizes the state to annually allocate moneys into a State Community Corrections Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities. Existing law requires the Director of Finance, in consultation with specified other entities, to calculate a baseline probation failure rate, which is the average number of adult felony probationers sent to state prison during the 2006 to 2008 calendar years, as a percentage of the weighted average of the population of adult felony probationers during the same period. Existing law requires the Director of Finance, in consultation with those entities, to calculate, on a yearly basis, a statewide probation failure rate, and a probation rate for each county, based on the percentage of adult felony probationers sent to state prison or to a county jail as a percentage of the average statewide or county adult felony probation population, respectively, as specified. Existing law requires the Director of Finance, in consultation with those entities, to estimate the number of adult felony probationers each county successfully prevented from being incarcerated, based on each county's probation failure rate and the county's baseline probation failure rate, taking into account specified changes in each county's adult felony probation caseload, as specified. This bill would recast those requirements to eliminate the requirement that the director calculate a baseline probation failure rate. The bill would require the director to calculate the statewide probation failure rate and the probation failure rate for a county based only on the total number of adult felony probationers sent to state prison. The bill would require the director to estimate the number of adult felony probationers, felons on mandatory supervision, and felons on postrelease community supervision successfully prevented from being incarcerated in state prison, based only on a county's probation failure rate, mandatory supervision failure rate, and postrelease community supervision failure rate. The bill would also require the director to calculate a combined statewide return to prison rate and a combined individual county return to prison rate, as specified. (9) Existing law requires the Director of Finance, in consultation with specified other entities, to develop a revised formula for performance incentive funding related to the act that takes into account changes to the eligibility of some felony probationers for revocation to the state prison that results from implementation of the 2011 Public Safety Realignment, for the purpose of providing incentive funding for a county probation department that is successful in reducing postrelease community supervision and mandatory supervision failure rates. Existing law requires the director and those entities to calculate a probation failure reduction incentive payment under a tier-based system based on a county's probation failure rate, as specified. This bill would eliminate the tier-based system described above and would recast the calculation of the probation failure reduction incentive payment as a statewide performance payment that is calculated as a specified percentage of the highest year of funding that a county received from the California Community Corrections Performance Incentives Grant Program from the 2011–12 fiscal year to the 2014–15 fiscal year, inclusive. The bill would provide that the percentage used to calculate the statewide performance incentive payment for a county shall be based on that county's return to prison rate, as specified. (10) Existing law requires the Director of Finance, in consultation with specified other entities, to calculate a high performance grant payment, as specified, for the purpose of providing performance-based funding for a county that demonstrates a high success rate with reducing recidivism among adult felony probationers. This bill would eliminate the high performance grant payment described above, and would instead require the director to calculate a yearly county performance incentive payment that is based on the estimated number of felons on probation, subject to mandatory supervision, and subject to postrelease community supervision that were successfully prevented from being incarcerated in state prison, multiplied by 35% of the cost to incarcerate a felony prison offender in a contract prison facility. (11) Existing law requires the Department of Finance to distribute the moneys remaining in the State Community Corrections Performance Incentives Fund after the calculation and award of the probation failure reduction incentive payments and high performance grant payments described above to qualifying counties. This bill would eliminate the requirement of distribution of those moneys, and instead require the Department of Finance to increase to a total of no more than $200,000 the award of a county's statewide performance incentive payment and county performance incentive payment if that county's payment totals less than $200,000. The bill would further require the Department of Finance to adjust the award amount, up to $200,000 per county, to counties that did not receive a statewide performance incentive payment and county performance incentive payment. By increasing the amount of funds that a county may receive from the continuously appropriated State Community Corrections Performance Incentives Fund, the bill would make an appropriation. The bill would require counties to provide specified information to the Judicial Council in order to receive these increases in award amounts. (12) Existing law requires the Administrative Office of the Courts, in consultation with specified other entities, to provide a quarterly statistical report to the Department of Finance that includes specified information, including the number of felons who had their postrelease community supervision revoked and were sent to a county jail for that revocation. This bill would instead require the Judicial Council to provide the quarterly statistical information. The bill would provide that the information related to felons on postrelease community supervision who had their postrelease community supervision revoked and were sent to a county jail shall not include felons who are subject to flash incarceration, as specified. (13) Existing law authorizes each county to establish a Community Corrections Performance Incentives Fund, and authorizes the state to annually allocate moneys into a State Community Corrections Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities. Existing law creates the Recidivism Reduction Fund in the State Treasury to be available upon appropriation by the Legislature for activities designed to reduce the state's prison population, and authorizes funds available in the Recidivism Reduction Fund to be transferred to the State Community Corrections Performance Incentives Fund. Existing law, upon agreement to accept funding from the Recidivism Reduction Fund, requires a county board of supervisors, in collaboration with the county's Community Corrections Partnership, to develop, administer, and collect and submit data to the Board of State and Community Corrections regarding a competitive grant program intended to fund community recidivism and crime reduction services, including, but not limited to, delinquency prevention, homelessness prevention, and reentry services. Existing law requires the funding to be allocated to counties from the Budget Act of 2014 by the State Controller's Office according to a specified allocation schedule. Existing law requires that any funds not encumbered with a community recidivism and crime reduction service provider one year after allocation of grant funds to counties immediately revert to the state General Fund. This bill would enact a revised schedule allocating funds to counties from the Budget Act of 2015 that would reduce each allocation by 50%. The bill would also delete the requirement that any funds not encumbered with a community recidivism and crime reduction service provider one year after allocation of grant funds to counties immediately revert to the state General Fund. The bill would require any funds in the Recidivism Reduction Fund that are not encumbered by June 30, 2016, to revert to the General Fund upon order of the Department of Justice. The bill would also abolish the Recidivism Reduction Fund once all funds encumbered in the fund are liquidated. (14) Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and by which the defendant receives treatment, including, if applicable, antipsychotic medication, with the goal of returning the defendant to competency. Existing law requires that the court order the defendant to be delivered to a treatment facility, and, until January 1, 2016, defines "treatment facility" to include a county jail for these purposes. Existing law, until January 1, 2016, authorizes certain medications to be provided to a defendant in a county jail if he or she is mentally incompetent and unable to provide informed consent due to a mental disorder. Existing law, until January 1, 2016, limits to 6 months the maximum period of time a defendant may be treated in a treatment facility. This bill would delete that January 1, 2016, repeal date, thereby extending the operation of these provisions indefinitely. (15) If a mentally incompetent defendant is sent to a county jail for treatment, existing law requires the State Department of State Hospitals to provide treatment at the county jail treatment facility and to reimburse the county jail treatment facility for the reasonable cost of the bed during treatment. This bill would, upon approval by the State Department of State Hospitals and an appropriation in the Budget Act, authorize the county jail treatment facility to provide restoration of competency services and would allow the department to reimburse the county for these services and the reasonable costs of any necessary medical treatment not provided within the county jail treatment facility. This bill would, if the county jail is used as a treatment facility, require the county to provide for transportation of the defendant to the county jail treatment facility unless otherwise agreed to by the State Department of State Hospitals and the facility. This bill would require the State Department of State Hospitals and a county jail treatment facility, if found to be comparatively at fault for any claim, action, loss, or damage which results from their obligations, to indemnify the other to the extent of their comparative fault. (16) Existing law establishes the Department of Corrections and Rehabilitation to oversee the state prison system. Existing law requires the department to develop policies related to contraband interdiction efforts for individuals entering department facilities. This bill would require those policies to ensure visitors are informed further potential search or visitation options and to consider the use of full-body scanners. The bill would further require that the department, after 2 years of implementation of the policies it creates pursuant to this bill, conduct an evaluation of the policy. (17) Existing law establishes the Commission on Correction Peace Officer Standards and Training (the CPOST) within the Department of Corrections and Rehabilitation. Existing law requires the executive board of the CPOST to be comprised of 6 voting members, 3 appointed by the department and 3 appointed by the Governor. Existing law requires that one of the department's appointees represent the Division of Juvenile Facilities. Existing law requires each appointing authority to appoint an alternate for each regular member it appoints, and requires the alternate to possess the same qualifications as the regular member and to substitute for, and vote in place of, the regular member whenever he or she is absent. Existing law requires the CPOST to appoint an executive director. This bill would instead, commencing July 1, 2015, require that one of the department's appointees represent the Division of Juvenile Justice or the Division of Rehabilitative Programs within the department. The bill would instead require alternate members to possess the same qualifications as a regular member and to substitute for, and vote in place of, a regular member who was appointed by the same appointing authority whenever that regular member is absent. The bill would delete the requirement that the CPOST appoint an executive director. The bill would require the CPOST executive board to seek advice from national experts, including university and college institutions and correctional associations, on issues pertaining to adult corrections, juvenile justice, and the training of the Department of Corrections and Rehabilitation staff that are relevant to its mission. (18) Existing law, until January 1, 2017, allows the Department of Corrections and Rehabilitation to use a training academy established for the California City Correctional Center. This bill would extend that provision indefinitely. (19) Existing law requires the Department of Corrections and Rehabilitation to provide 16 weeks of training to each correctional peace officer cadet prior to his or her assignment to a post or position as a correctional peace officer. If an agreement is reached between the department and the bargaining unit for the correction peace officers, existing law allows the department, with the approval of the CPOST, to have cadets sworn in as correctional peace officers upon completion of 12 weeks of training and complete the final 4 weeks of training at the institution where the cadet is assigned to a post or position. This bill would, commencing July 1, 2015, require the department to instead provide 480 hours of training to each correctional peace officer cadet. The bill would require the CPOST to determine the on-the-job training requirements for correctional peace officers. (20) Existing law requires a county to establish a one-time amnesty program for fines and bail due on or before January 1, 2009, for certain infraction or misdemeanor violations of the Vehicle Code and the Penal Code. Existing law allows a person owing a fine or bail that was eligible for amnesty under this program to pay to the superior or juvenile court 50% of the total fine or bail, as defined, which is required to be accepted by the court in full satisfaction of the delinquent fine or bail. Under existing law, the amnesty program was required to accept these payments from January 1, 2012, until June 30, 2012. This bill would require a county to establish a similar amnesty program for fines and bail initially due on or before January 1, 2013, to be conducted in accordance with guidelines adopted by the Judicial Council. The bill would require the program to accept payments between October 1, 2015, to March 31, 2017, inclusive, and would authorize a participant to receive an additional reduction in his or her repayment amount if the participant certifies, under penalty of perjury, that he or she receives specified public assistance programs or that his or her monthly income is 125% or less of the current poverty guidelines. By requiring each county to establish and operate an amnesty program, and by expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would, following the transfer to the Judicial Council of the first $250,000 received, increase the percentage of specified penalties to be deposited in the Peace Officers' Training Fund and the Corrections Training Fund, which are continuously appropriated funds. By increasing the amount of money deposited into continuously appropriated funds, this bill would make an appropriation. (21) Existing law requires the Department of Corrections and Rehabilitation to close the California Rehabilitation Center located in Norco, California, no later than December 31, 2016, or 6 months after the construction of 3 Level II dorm facilities, whichever is earlier. Existing law suspends this requirement pending a review by the Department of Finance and the Department of Corrections and Rehabilitation that determines the facility can be closed. This bill would require the Department of Finance and the Department of Corrections and Rehabilitation to release a report that provides an updated comprehensive plan for the state prison system, including a permanent solution to the decaying infrastructure of the California Rehabilitation Center. The bill would require the report to be submitted with the Governor's 2016–17 Budget to the Assembly Committee on Appropriations, the Assembly Committee on Budget, the Senate Committee on Appropriations, the Senate Committee on Budget and Fiscal Review, and the Joint Legislative Budget Committee. (22) Existing law establishes the State Department of Developmental Services and sets forth its powers and duties relating to the administration of state developmental centers. Existing law establishes the State Department of State Hospitals and sets forth its powers and duties relating to the administration of state hospitals. Existing law establishes the Office of Law Enforcement Support within the California Health and Human Services Agency for the purpose of improving and providing oversight of various law enforcement activities within the State Department of Developmental Services and the State Department of State Hospitals. This bill would require the Office of Law Enforcement Support to investigate specified incidents at a developmental center or state hospital, including any incident that involves developmental center or state hospital law enforcement personnel and that meets certain criteria. The bill would also provide that the Office of Law Enforcement Support be responsible for contemporaneous oversight of specified investigations by the State Department of State Hospitals and the State Department of Developmental Service. The bill would require reports written upon completion of that review to be confidential. The bill would require the Office of Law Enforcement Support to issue regular reports, no less than semiannually, summarizing the investigations it conducted and its oversight of investigations, as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (23) Existing law generally requires the nontreatment costs of trials and hearings related to persons confined in a state hospital to be paid by the state to the county where the trial or hearing was had, except that existing law requires the county of commitment to pay these costs if the hearing is for an order seeking the involuntary treatment with psychotropic medication of a person confined in a state hospital as a condition of parole who is subject to an order for continued treatment beyond his or her period of parole. This bill would additionally require the county of commitment to pay the county where the proceeding is held for the nontreatment costs associated with any hearing for an order seeking involuntary treatment with psychotropic medication of a person confined in a state hospital after being found not guilty by reason of insanity. (24) Existing law establishes state hospitals for the care, treatment, and education of mentally disordered persons, which are under the jurisdiction of the State Department of State Hospitals. Commencing July 1, 2015, and subject to available funding, existing law authorizes the department to establish and maintain pilot enhanced treatment programs (ETPs) , for the treatment of patients who are at high risk of most dangerous behavior, and when safe treatment is not possible in a standard treatment environment. This bill would require the department, at least 60 days prior to implementing an ETP, to submit written draft policies and procedures that will guide the operation of the ETP, including, but not limited to, admittance criteria, staffing levels, services to be provided to patients, a transition planning process, and training requirements to the appropriate policy committees of the Legislature and to the Joint Legislative Budget Committee. (25) Existing law, in the Budget Act of 2014, appropriates $15,000,000 for the establishment or ongoing operation and staffing of programs known to reduce recidivism and enhance public safety by means of a competitive grant program developed and administered by the Judicial Council. Existing law, the Budget Act of 2014, authorizes these funds to be expended until June 30, 2017, after which any unexpended funds revert to the General Fund. This bill would allow these funds to be encumbered, in addition to being expended, until June 30, 2017, thereby making an appropriation. (26) Existing law, in the Budget Act of 2014, appropriates $28,000,000 for local assistance to the Board of State and Community Corrections. This bill would reappropriate these funds for the purposes specified in the above appropriation and make the funds available for encumbrance or expenditure until June 30, 2016, except that the bill would make the balance of a $900,000 appropriation to administer the mentally ill offender crime reduction grant available for encumbrance or expenditure until June 30, 2017, thereby making an appropriation. (27) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (28) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (29) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

The California Constitution establishes the Public Utilities Commission (PUC) with jurisdiction over all public utilities, authorizes the PUC to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process, and authorizes the PUC to fix the rates and establish rules for public utilities, subject to control by the Legislature. The Public Utilities Act provides that the office of the PUC shall be in the City and County of San Francisco, requires that the PUC hold its sessions at least once in each calendar month in the City and County of San Francisco, and authorizes the PUC to also meet at those other times and places as may be expedient and necessary for the proper performance of its duties. This bill would require that the PUC hold its sessions at least once in each calendar month in the City and County of San Francisco or the City of Sacramento. The Public Utilities Act authorizes the PUC to appoint an attorney for the PUC who holds that office at the pleasure of the PUC. The act requires the PUC's attorney to commence, prosecute, and expedite the final determination of all actions and proceedings directed or authorized by the president, except as otherwise directed or authorized by vote of the PUC, to advise the PUC and each commissioner in regard to all matters in connection with the powers and duties of the PUC or a commissioner, when requested, and generally to perform all duties and services as attorney to the PUC that the president, or vote of the PUC, may require of him or her. This bill would require the PUC to notify the Joint Legislative Budget Committee when it enters into a contract for outside legal counsel to represent the PUC in any criminal investigation at an expense exceeding $1,000,000 and to provide a copy of the contract to that committee within 10 days of it being approved by the Department of General Services. Existing law provides that upon request made in writing to a public entity, that public entity may, in its discretion, defend or indemnify or defend and indemnify any witness who has testified on behalf of the public entity in any criminal, civil, or administrative action, except as specified. This bill would prohibit the PUC from including in a contract for outside legal counsel terms providing for the representation in any criminal matter of individual employees except as provided in the above-described law. The bill would require the PUC to supply the Joint Legislative Budget Committee with a copy of the contract to represent an individual employee in a criminal investigation pursuant to the above-described law within 10 days of the date the contract is approved by the Department of General Services. The Public Utilities Act establishes an independent Office of Ratepayer Advocates within the PUC to represent the interests of public utility customers and subscribers, with the goal of obtaining the lowest possible rate for service consistent with reliable and safe service levels. Existing law requires the director of the office to develop a budget for the office that is submitted to the Department of Finance for final approval. Existing law authorizes the director of the office to appoint a lead attorney to represent the office and requires the lead attorney to obtain adequate legal personnel for the work to be conducted by the office from the PUC's attorney and requires the PUC's attorney to timely and appropriately fulfill all requests for legal personnel made by the lead attorney for the office, provided the office has sufficient moneys and positions in its budget for the services requested. Existing law requires the PUC to develop appropriate procedures to ensure that the existence of the office does not create a conflict of roles for any employee. This bill would delete the requirement that the lead attorney obtain adequate legal personnel for the work to be conducted by the office from the PUC's attorney and the requirement that the PUC's attorney timely and appropriately fulfill all requests for legal personnel made by the lead attorney for the office. The bill would require the PUC to coordinate with the office in developing appropriate procedures to ensure that the existence of the office does not create a conflict of roles for any employee. Existing law requires the PUC to submit to the Joint Legislative Budget Committee reports on all sources and amount of funding and actual and proposed expenditures for various activities. This bill would require the Department of Finance, on a semiannual basis, to provide the Joint Legislative Budget Commission a written notification of any redirection of funds and positions within the PUC, including any loaning of staff to other state agencies or departments. The bill would require the California Research Bureau to conduct a review of the organization of the PUC to ensure that the PUC is the best governmental entity to direct, regulate, and oversee specified public utility sectors. Existing decisions of the PUC establish the California Hub for Energy Efficiency Financing, or CHEEF, program, a 2-year pilot program administered by the California Alternative Energy and Advanced Transportation Financing Authority and funded through charges collected by specified electrical corporations and gas corporations from their ratepayers. The bill would require the commission to report to the relevant policy and fiscal committees of the Legislature on the outcomes of the CHEEF program and would prohibit the PUC from approving any extension of the program sooner than 30 days after making its report. Existing law places various duties upon the PUC with respect to distributed generation and requires each electrical corporation, as defined, to submit to the PUC for its approval a distribution resources plan proposal to identify optimal locations for the deployment of distributed resources, as defined. Pursuant to existing law, the PUC has established operational and metering requirements for a generation facility to be interconnected to an electrical corporation's distribution grid. This bill would require the PUC, by April 1, 2016, to establish an expedited distribution grid interconnection dispute resolution process, as specified, with the goal of resolving disputes over interconnection applications within the jurisdiction of the PUC in no more than 60 days from the time the dispute is formally brought to the PUC. Decisions of the PUC adopted the California Solar Initiative administered by electrical corporations and subject to the PUC's supervision. Existing law requires the PUC and the State Energy Resources Conservation and Development Commission (Energy Commission) to undertake certain steps in implementing the California Solar Initiative and requires the PUC to ensure that the total cost over the duration of the program does not exceed $3,550,800,000. Existing law specifies that the financial components of the California Solar Initiative include the New Solar Homes Partnership Program, which is administered by the Energy Commission. Existing law requires the program to be funded by charges in the amount of $400,000,000 collected from customers of the state's 3 largest electrical corporations. If moneys from the Renewable Resource Trust Fund for the program are exhausted, existing law authorizes the PUC, upon notification by the Energy Commission, to require those electrical corporations to continue the administration of the program pursuant to the guidelines established by the Energy Commission for the program until the $400,000,000 monetary limit is reached. Existing law authorizes the PUC to determine if a 3rd party, including the Energy Commission, should administer the electrical corporations' continuation of the program. Existing law makes the New Solar Homes Partnership Program inoperative on June 1, 2018, and requires any funding made available be encumbered no later than June 1, 2018, and disbursed no later than December 31, 2021. If the PUC determines that the Energy Commission should be the 3rd-party administrator for the New Solar Homes Partnership Program, this bill would require that any additional moneys made available to fund the New Solar Homes Partnership Program be deposited into the Emerging Renewable Resources Account of the Renewable Resource Trust Fund and used for this purpose. Existing law authorizes the Department of Finance to furnish services, or provide work for, any other state agency as requested by the Legislature and authorizes the department to charge an amount sufficient to recover the cost of furnishing services or the work performed. This bill would require the Office of State Audits and Evaluations within the Department of Finance to assess the degree to which each activity and position related to the energy responsibilities of the PUC supports the core mission of the PUC and to make recommendations as to how resources might be better allocated to achieve the core mission objectives of the PUC. The bill would require the office, by April 1, 2016, to submit a report to the Legislature on the assessment. The bill would require the PUC to reimburse the department for the costs incurred by the office upon request by the department. The bill would appropriate $5,000,000 to the PUC for the support of the PUC. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

(1) The California Constitution provides that the civil service includes every officer and employee in the state except as otherwise provided in the Constitution, and existing statutory law, the State Civil Service Act, prescribes a comprehensive civil service personnel system for the state. The act grants eligibility for promotional civil service examinations and career executive assignment examinations to persons who meet certain requirements and minimum qualifications and who are employed by the Legislature, persons who are retired from the United States armed forces, honorably discharged from active military duty with a service-connected disability, or honorably discharged from active duty, or persons who were employees of the executive branch in exempt positions. This bill would revise eligibility standards applicable to people who were employed by the Legislature, people who retired or were discharged from the armed forces, and people who were formerly employed in exempt, executive branch positions, as described above, to permit them, upon request, to obtain civil service appointment list eligibility by taking promotional exams or career executive exams for which they meet minimum qualifications, as specified. The bill would eliminate the requirement that an employee or veteran, in this context, select only one promotional examination in which to compete when multiple examinations are given. Among other things, the bill would also remove a time limit on this eligibility granted to specified former employees of the Legislature and employees of the executive branch in exempt positions. (2) Existing law generally requires that appointments to vacant positions be made by lists. Existing law requires, with specified exceptions, that an appointing power receive the names and addresses of the three persons highest on a promotional employment list for the class in which a position belongs, and if there are fewer than three names, as specified, additional names are provided from the various lists next lower in order of preference. Existing law prescribes requirements for providing names to an appointing power for positions designated as management and specifies a method of ranking eligible candidates in this context. Existing law prescribes requirements for providing names to an appointing power for positions designated as supervisory and not professional, scientific, or administrative, and that are not examined for on an open basis, and specifies a method of ranking eligible candidates in this context. Existing law requires an appointing power to fill a position from the names of the persons provided. This bill would repeal these provisions and make conforming changes. (3) Existing law provides for career executive assignments to encourage the development for well-qualified executives and requires the State Personnel Board to establish, by a rule, a system of merit personnel administration specifically suited to the selection and placement of executive personnel. The State Civil Service Act defines career executive. Existing law requires the State Personnel Board, by rule, to provide that employees whose appointments to career executive assignments are terminated to be reinstated to civil service positions, as specified, at their option. This bill would revise the definition of career executive to eliminate the requirement that the person have permanent status in the civil service. This bill would provide that various provisions relating to personnel examinations don't apply to career executive assignments unless provided for by rule, as specified. The bill would grant reinstatement rights to employees who at the time of appointment to a career executive assignment were not employed by the state but who had previously worked for it and had gained permanent civil service status. The bill would grant an employee who at the time of his or her appointment to a career executive assignment was from outside civil service the right to defer examination for any open eligible list, as specified, in existence at the time of the termination of the career executive assignment for which he or she meets the minimum qualifications of the class to which appointment is sought. The bill would require, in this regard, that related experience gained in a career executive assignment be considered state civil service experience in a comparable class, as specified. The bill would make an appropriation from the General Fund of $300,000 to the Department of Finance for the purpose of funding the posting on the department's Internet Web site of all budget requests included as part of the Governor's Budget. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

The Budget Act of 2015 made appropriations for the support of state government for the 2015–16 fiscal year. This bill would amend the Budget Act of 2015 by revising items of appropriation and making other changes. This bill would declare that it is to take effect immediately as a Budget Bill.

(1) Existing law prohibits a person, firm, corporation, or association that is a nongovernmental entity and contracts to perform public health and safety labor or services for a public agency from displaying on a vehicle a logo of the public agency that reasonably could be interpreted or construed as implying that the labor or services are being provided by employees of the public agency, unless the vehicle conspicuously displays a specified statement. Existing law similarly prohibits a person or employee of that entity from wearing a uniform bearing a logo of the public agency that reasonably could be interpreted or construed as making that implication, unless the uniform conspicuously displays the logo and specific additional information. Existing law defines "public health and safety labor or services" to include emergency medical services. This bill would revise that definition to include prehospital emergency medical services. (2) Existing law divides the state into agricultural districts, and provides for the management of these districts by district agricultural associations. Existing law excludes district agricultural associations from preparing or submitting any written report to the Governor, the Legislature, or a state agency, except as specified. This bill would require a district agricultural association to annually report its real property information to the Department of General Services, as specified. (3) Existing law, relating to the California Victim Compensation and Government Claims Board, cross-references an item code number used in administering the annual Budget Act. This bill would make a technical amendment to update the cross-reference to use the current item code number. (4) Existing law requires the State Architect to establish a certified access specialist program (CASp) and authorizes the State Architect to require applicants to pay specified fees to meet the costs of administering the program. Existing law imposes, on and after January 1, 2013, and until December 31, 2018, an additional state fee of $1 on any applicant, as specified, and divides the moneys received between the local entity that collected the moneys and the Division of the State Architect, pursuant to specified percentages. Existing law requires a local entity collecting the additional fee and the Division of the State Architect to each make an annual report to the Legislature and to the chairs of specified committees. Under existing law, a local entity is required to include in the report moneys spent to increase CASp services and to fund programs to facilitate compliance. This bill would require a local entity collecting the additional fee to instead report to the Division of the State Architect, and would expand the information required in the report to include activities undertaken to increase CASp services and to facilitate accessibility compliance. The bill would also require the Division of the State Architect to include in its report to the Legislature the total fees collected by each city, county, or city and county. By revising and expanding the duties of local governments with respect to the reporting of CASp fees, this bill would impose a state-mandated local program. (5) The California Emergency Services Act requires the Governor to coordinate the State Emergency Plan and any programs necessary for the mitigation of the effects of an emergency in this state, as specified. The act authorizes the Governor, with advice of the Office of Emergency Services, to divide the state into mutual aid regions for the more effective application, administration, and coordination of mutual aid and other emergency-related activities. This bill would require the Office of Emergency Services to coordinate response and recovery operations in each mutual aid region. The bill would require the office, in consultation with relevant local and state agencies, to develop and adopt a state fire service and rescue emergency mutual aid plan that would be an annex to the State Emergency Plan. (6) Existing law establishes the Railroad Accident Prevention and Immediate Deployment Force in the California Environmental Protection Agency and designates the force as being responsible for providing immediate onsite response capability in the event of a large-scale release of toxic materials resulting from a surface transportation accident. Existing law requires the agency to develop a state railroad accident prevention and immediate deployment plan, in consultation with specified state entities, other potentially affected state, local, or federal agencies, and affected businesses. Existing law requires the Office of Emergency Services to serve as the central point in state government for the emergency reporting of spills, unauthorized releases, or other accidental releases of hazardous materials and to coordinate the notification of the appropriate state and local administering agencies that may be required to respond to those spills, unauthorized releases, or other accidental releases. This bill would create the Regional Railroad Accident Preparedness and Immediate Response Force in the office, consisting of specified representatives, and would designate this force as being responsible for providing regional and onsite response capabilities in the event of a release of hazardous materials from a railcar or a railroad accident involving a railcar designated to transport hazardous material commodities, as specified. The bill would require the office, in consultation with specified entities, to develop a state regional railroad accident preparedness and immediate response plan that would be an annex to the State Emergency Plan. The bill would require the force and the Office of Spill Prevention and Response to coordinate in their respective authorities and responsibilities to avoid any duplication of effort, ensure cooperation, and promote the sharing of information regarding the risk of discharge of petroleum by rail into state waters. This bill would require the Director of Emergency Services to establish a schedule of fees to be paid by a person owning any of the 25 most hazardous material commodities that are transported by rail in California. The bill would require that the fees be fair, as required by the federal Hazardous Materials Transportation Act, and state the intent of the Legislature that the schedule of fees reflect the proportionate risks to both the public safety and the environment resulting from a release of hazardous materials and the expense of preparing to respond to those risks. The bill would authorize the director to exempt from the fee a shipment of hazardous materials that meets certain criteria and prohibit the collection of fees in excess of the reasonable regulatory costs to the state. The bill would require the director to consider adjusting the fee not less frequently than every 3 years. The bill would require the director to create an industry advisory committee to advise the director on setting the fee and other policy matters. The bill would also require every person who operates a railroad that transports hazardous materials by railcar to register with the board and to remit the fees to the board pursuant to the Fee Collection Procedures Law. The bill would create the Regional Railroad Accident Preparedness and Immediate Response Fund in the State Treasury and would require that all revenues, interest, penalties, and other amounts collected pursuant to the bill's requirements be deposited into the fund, less refunds and reimbursement to the board for expenses incurred in the administration and collection of the fee. The bill would require that moneys in the fund, upon appropriation by the Legislature, be used by the director for specified purposes. The bill would provide the director with the authority to collect an amount in fees that does not exceed specified amounts for specified calendar years. The bill would require the director to contract with the Department of Finance for the preparation of a detailed report on the financial basis and programmatic effectiveness of the plan and fund. The bill would require the director, on or before January 1, 2019, and every 3 years thereafter, to submit the report to the Governor and the Legislature. The Fee Collection Procedures Law makes a violation of any provision of the law, or of certain requirements imposed by the board pursuant to the law, a crime. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose a state-mandated local program. (7) Existing law provides that a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services or for effecting or maintaining other specified felonies is guilty of the crime of human trafficking. Existing law creates the Office of Emergency Services in the Office of the Governor, under the supervision of the Director of Emergency Services, and commits to it the responsibility for the state's emergency and disaster services, as specified. This bill would create the Human Trafficking Victims Assistance Fund and require money in the fund to be used by the Office of Emergency Services for the distribution of grants, as specified, to qualified nonprofit organizations, as defined, providing services to victims of human trafficking and for reimbursement of costs incurred by the office in distributing these grants. (8) Existing law requires the Department of General Services to dispose of surplus state real property in a specified manner. Existing law requires a local agency or nonprofit affordable housing sponsor, in order to be considered as a potential priority buyer of surplus state real property, to notify the department of its interest in surplus state real property within 90 days of the department posting on its Internet Web site the notice of availability of the surplus state real property. This bill would require the department to notify the chairpersons of the fiscal committees of the Legislature within 30 days of the expiration of the 90 day timeframe if no local agency or nonprofit affordable housing sponsor informs the department of its interest in acquiring the property within that period. (9) Existing law authorizes the Controller, until June 30, 2015, to procure, modify, and implement a new human resource management system that meets the needs of a modern state government, known as the 21st Century Project. This bill would extend that authorization for one year, until June 30, 2016. (10) The Financial Integrity and State Manager's Accountability Act of 1983 requires state agency heads to be responsible for the establishment and maintenance of systems of internal accounting and administrative controls and makes legislative findings and declarations in this regard. The act requires a system of internal accounting and administrative control to include specific elements, including, but not limited to, a system of authorization and recordkeeping procedures adequate to provide effective accounting control over assets, liabilities, revenues, and expenditures. The act requires a state agency head to conduct a biennial review and report the results to the Legislature, California State Auditor, Controller, Treasurer, Attorney General, Governor, and Director of Finance. This bill would rename the act as the State Leadership Accountability Act and consolidate certain terminology in the act under the terms "agency head" and "state agency." This bill would modify the meaning of "internal control" to include, among other elements, 5 specified components. This bill would eliminate the requirement of submitting a biennial report to the Treasurer, Attorney General, and Governor, and additionally require submission to the Secretary of Government Operations. (11) Existing law establishes the Missing Children Reward Fund, a continuously appropriated fund in the State Treasury, and authorizes the California Victim Compensation and Government Claims Board to make cash rewards from that fund to persons providing information leading to the location of any child listed in the missing children registry, as provided. This bill would abolish the continuously appropriated Missing Children Reward Fund and transfer any remaining balance to the Restitution Fund, a continuously appropriated fund. This bill would require the board to instead make the cash rewards from the Restitution Fund. This bill would also make a technical amendment to these provisions. (12) Existing law authorizes the Treasurer to deposit specified assets in his or her custody into the Federal Home Loan Bank of San Francisco or the Federal Reserve Bank of San Francisco, or a branch thereof. This bill would, instead, authorize deposit into the Federal Home Loan Bank of San Francisco or any federal reserve bank, or a branch thereof, and would make conforming changes. Existing law requires that banks, savings and loan associations, and credit unions deposit specified securities with the Treasurer in order to be eligible to receive and retain demand or time deposits of state funds, including, but not limited to, specified letters of credit issued by the Federal Home Loan Bank of San Francisco. The bill would authorize an eligible bank headquartered outside of the state to submit letters of credit drawn on its regional federal home loan bank. (13) The California Constitution requires the state, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, to provide a subvention of funds to reimburse the local government, with specified exceptions. This bill would require the Department of Finance, in collaboration with the Secretary of State and the Legislative Analyst's Office, to convene a working group to evaluate alternatives for funding elections-related state mandates, and would require the Department of Finance to submit to the Legislature a report that summarizes the findings of the working group, including recommendations to the Legislature. This bill would also require the Department of Finance to conduct a survey of county election officials during years in which a statewide general election is held to determine whether or not counties are carrying out the requirements set forth in specified state mandates relating to elections, and would require the Department of Finance to report the results of the survey to the Legislature, as provided. (14) Existing law establishes the Department of Human Resources in state government to operate the state civil service system pursuant to Article VII of the California Constitution, the Government Code, the merit principle, and applicable rules duly adopted by the State Personnel Board. Existing law requires that civil service positions be filled by appointment, except as provided. Existing law, among other things, requires the department to propose legislation, as part of the 2015–16 fiscal year budget proposal submitted to the Legislature in January 2015, to establish the state's policy regarding the use of additional appointments for state employees. This bill would define the term "additional appointment," would require an additional appointment to comply with state civil service laws and rules, and would require the department to adopt policies to advise state agencies regarding the procedures and appropriate use of additional appointments. (15) The Public Employees Retirement Law (PERL) creates the Public Employees' Retirement System, which provides pension and other benefits to members of the system and prescribes conditions for service after retirement. The PERL permits a retired person to serve as an elective officer without reinstatement from retirement or loss or interruption of benefits, provided that his or her retirement allowance is suspended to the extent that the allowance is based on service in that elective office. The PERL also permits a person retired for disability to serve without reinstatement if the person is below the mandatory age for retirement for persons in the job in which the person will serve and he or she is not disabled for that employment. In this circumstance, the PERL prohibits service in a position from which the person retired or a position in the same member classification and requires reduction of the person's disability retirement pension during the employment to an amount that, when added to his or her compensation, equals the maximum compensation earnable by a person holding the position that he or she held at retirement. Effective on and after January 1, 2013, the California Public Employees' Pension Reform Act of 2013 (PEPRA) establishes various limits on retirement benefits generally applicable to specified public employee retirement systems and, among other things, prescribes limits on service after retirement without reinstatement that prevail over the provisions in PERL described above. This bill would reenact the provisions regarding service after retirement in the PERL described above, to apply on and after the effective date of PEPRA. (16) Existing law, the Electronic Recording Delivery Act of 2004, authorizes a county recorder, upon approval by resolution of the board of supervisors and system certification by the Attorney General, to establish an electronic recording delivery system for the delivery for recording of specified digitized and digital electronic records, subject to specified conditions, including system certification, regulation, and oversight by the Attorney General. Existing law requires participating counties to pay for the direct cost of regulation and oversight by the Attorney General, and authorizes those counties to impose fees to cover those costs. Existing law also authorizes the Attorney General to charge a fee directly to a vendor seeking approval of software and other services as part of an electronic recording delivery system. Fees paid to the Attorney General under these provisions are deposited in the Electronic Recording Authorization Account, which is in the Special Deposit Fund and is continuously appropriated to the Attorney General for these purposes. This bill would redesignate the Electronic Recording Authorization Account in the Special Deposit Fund as the Electronic Recording Authorization Fund in the State Treasury. (17) Existing law establishes the Naturalization Services Program, administered within the Department of Community Services and Development, to fund community-based organizations in assisting legal permanent residents in obtaining citizenship. This bill would establish the Statewide Director of Immigrant Integration in the Governor's Office of Planning and Research, appointed by the Governor, for the purpose of developing a comprehensive statewide report on programs and services that serve immigrants and programs and services currently managed by a state agency or department to support California immigrants. The bill would require the report to be submitted to the Governor and Legislature, on or before January 1, 2016. The bill would further require the office on or before July 10, 2017, to develop an online clearinghouse of immigrant services, resources, and programs. The bill would additionally require the director to monitor the implementation of statewide laws and regulations that serve immigrants. The bill would also create the Immigration Integration Fund, would authorize the fund to be funded by public and private donations, and would require those donations to be used, as specified. (18) Existing law requires the Department of Housing and Community Development to provide rental-related subsidies to persons rendered homeless, or at risk of becoming homeless, due to unemployment, underemployment, or other economic hardship resulting from the state of emergency proclaimed by the Governor based on drought conditions. Existing law authorizes the department to administer the housing rental-related subsidies or contract with qualified local government agencies or nonprofit organizations to administer the program. Existing law establishes the Housing Rehabilitation Loan Fund and continuously appropriates moneys in the fund for specified purposes. This bill would authorize the department to provide temporary assistance for persons moving out of a housing unit due to a lack of potable water resulting from the state of emergency proclaimed by the Governor relating to drought conditions if the person has exhausted all reasonable attempts to find a potable water source and the housing unit is served by a private well or water utility with fewer than 15 connections that is running out of potable water due to drought conditions. The bill would authorize the department to administer the housing assistance or contract with qualified local government agencies or nonprofit organizations to administer the assistance. The bill would require the department to adopt guidelines to implement these provisions and exempt the department from the rulemaking provisions of the Administrative Procedure Act, as specified. The bill would repeal these provisions as of June 30, 2017. The bill would also authorize the use of moneys in the Housing Rehabilitation Loan Fund, to the extent made available by the Legislature for the purpose of the above-described housing relocation program. This bill would require funds for these purposes that are not encumbered on or before June 30, 2017, to revert to the General Fund. By expanding the authorized use of a continuously appropriated fund, the bill would make an appropriation. (19) Existing law authorizes the Director of Housing and Community Development to contract with local public and private nonprofit agencies to provide housing services, including shelter, education, sanitation, and day care services, for migrant agricultural workers, through the development, construction, reconstruction, rehabilitation, or operation of a migrant farm labor center. Existing law requires the department to make the Office of Migrant Services centers available for rent by persons or families experiencing economic hardships as a result of the drought. This bill would require the department to additionally make the Office of Migrant Services centers available for rent by persons or families rendered homeless or at risk of becoming homeless as a result of the drought. (20) Existing law establishes the California Earthquake Authority, administered by the Insurance Commissioner, and authorizes the authority to transact insurance in this state as necessary to, among other things, create and maintain, in collaboration or jointly with subdivisions and programs of local, state, and federal governments and with other national programs, programs and activities that mitigate seismic risks, for the benefit of homeowners and other property owners. Existing law establishes the Earthquake Loss Mitigation Fund, a subaccount of the California Earthquake Authority Fund, a continuously appropriated fund. Existing law authorizes the authority to apply money in the Earthquake Loss Mitigation Fund to supply grants and loans or loan guarantees to dwelling owners who wish to retrofit their homes to protect against earthquake damage, as specified. This bill would recognize the existence of the California Residential Mitigation Program (CRMP) , a joint powers authority created in 2012 by agreement between the California Earthquake Authority and the Office of Emergency Services. The bill would require the CRMP to implement a grant program and to give a grant to a qualifying owner of a single-family residential structure to defray the owner's cost of seismic retrofit work to the structure, as specified. The bill would also require the CRMP to implement a grant program and, on or after July 1, 2017, authorize it to give a grant to a qualifying owner of a residential structure that contains between 2 and 10 dwelling units to defray the owner's cost of seismic retrofit work to the structure, as specified. This bill would require the governing board of the CRMP, after providing notice and opportunity for public review and comment, to adopt policies and procedures necessary to implement the grant programs, to establish eligibility criteria for participation in the grant programs, and to establish criteria for determining the amount of a grant awarded under the grant programs. Existing law, the Personal Income Tax Law and the Corporation Tax Law, provide for various exclusions from gross income in determining tax liability. This bill would, for taxable years beginning on or after January 1, 2016, exclude from gross income an amount received as a loan, loan forgiveness, grant, credit, rebate, voucher, or incentive from the California Residential Mitigation Program or the California Earthquake Authority to assist a residential property owner or occupant with expenses or obligations incurred for earthquake loss mitigation, as defined. (21) Under existing law, the Occupational Safety and Health Act of 1973, the Division of Occupational Safety and Health investigates complaints that a workplace is not safe, and may issue orders necessary to ensure employee safety. The act requires the division to investigate a complaint as soon as possible, but not later than 3 working days after receipt of a complaint charging a serious violation, as specified, and not later than 14 calendar days after receipt of a complaint charging a nonserious violation. Existing law requires the division to maintain the capability to receive and act upon complaints at all times. This bill would require the division to prioritize investigations of reports of accidents involving death or serious injury or illness and complaints that allege a serious violation over investigations of complaints that allege a nonserious violation. (22) Existing law requires the Division of Occupational Safety and Health to cause the inspection of all public conveyances, including elevators, dumbwaiters, and escalators, at least once a year. Existing law authorizes the division to fix and collect fees to cover the actual costs of having the inspection performed by a division safety engineer, and the costs related to regulatory development. Existing law requires these fees to be set forth in regulations and to be deposited in the Elevator Safety Account in the General Fund. This bill would, for the 2015–16 fiscal year, suspend the fee for the annual and biennial inspection of conveyances on a one-time basis. It would, for the 2016–17 fiscal year and for every fiscal year thereafter, authorize the Director of Industrial Relations, upon concurrence of the Department of Finance to suspend or reduce this fee on a one-time basis in order to reduce the amount of moneys in the Elevator Safety Account. The bill would exempt the suspension or reduction of the fee from the Administrative Procedure Act. (23) Existing law generally requires state agencies to obtain at least 3 competitive bids for each contract. Under existing law, this requirement does not apply under certain circumstances, including, among others, when the contract is with another state agency, a local governmental entity, an auxiliary organization of the California State University, an auxiliary organization of a California community college, a foundation organized to support the Board of Governors of the California Community Colleges, or an auxiliary organization of the Student Aid Commission, as provided. This bill, until January 1, 2019, would additionally authorize a specified contract between the Office of Planning and Research, the Regents of the University of California, or an auxiliary organization of the California State University to include a subcontract that is not subject to certain competitive bidding requirements, as provided. (24) Existing law requires the Franchise Tax Board to collect certain delinquencies related to vehicles, including, but not limited to, registration fees, transfer fees, and parking violation penalties, as though the delinquencies are taxes, as specified. This bill would, on or after the effective date of the bill, additionally require the board to collect unpaid tolls, toll evasion penalties, and related administrative or service fees as though they are taxes. (25) The Emergency Telephone Users Surcharge Act generally imposes a surcharge on amounts paid by every person in the state for intrastate telephone service to provide revenues sufficient to fund "911" emergency telephone system costs, and requires the Office of Emergency Services to annually determine the surcharge rate. Commencing with the calculation made October 1, 2015, existing law requires the office to compute the charges applicable to the intrastate portion of prepaid mobile telephony services, as provided. The Prepaid Mobile Telephony Service Surcharge Collection Act establishes a prepaid MTS surcharge, as defined, based upon a percentage of the sales price of each retail transaction that occurs in this state for prepaid mobile telephony services, as defined, that is imposed in lieu of any charges imposed pursuant to the Emergency Telephone Users Surcharge Act and specified Public Utility Commission surcharges. That act requires the prepaid MTS surcharge to be annually calculated by the State Board of Equalization by November 1 of each year, commencing November 1, 2015, by using the emergency telephone user surcharge rate reported by the office and specified Public Utility Commission surcharges. The Emergency Telephone Users Surcharge Act requires the office to notify the board of the emergency telephone user surcharge rate and the emergency telephone user surcharge rate applicable to prepaid mobile telephony services by October 15 of each year. This bill would instead require the office to notify the board of the emergency telephone user surcharge rate by October 1. (26) The Emergency Telephone Users Surcharge Act requires, immediately upon notification by the office and fixing the surcharge rate, the board to notify by mail every registered service supplier of the new rate. This bill would instead require the board to notify every registered service supplier of the new rate by a means, or means determined by the State Board of Equalization, that may include, but is not limited to, mail, electronic mail, or Internet Web site postings. (27) The Prepaid Mobile Telephony Service Surcharge Collection Act requires, on and after January 1, 2016, and before January 1, 2020, the prepaid MTS surcharge imposed by that act on a prepaid consumer to be collected by a seller from each prepaid consumer at the time of each retail transaction in this state. This bill would, commencing January 1, 2017, exempt a seller, other than a direct seller, with de minimis sales of prepaid mobile telephony services of less than $15,000 during the previous calendar year from collecting the prepaid MTS surcharge, and would require the Department of Finance to annually review and adjust that de minimis sales threshold, as provided. (28) The Prepaid Mobile Telephony Service Surcharge Collection Act creates the Prepaid Mobile Telephony Services Surcharge Fund in the State Treasury, and creates the Prepaid MTS 911 Account and the Prepaid MTS PUC Account in that fund. That act requires the portion of the prepaid MTS surcharge that is for the emergency telephone users surcharge, which are remitted to the board, to be deposited into the Prepaid MTS 911 Account, and those deposited moneys to be transferred to the State Emergency Telephone Number Account in the General Fund. That act also requires that portion of the prepaid MTS surcharge that is for the Public Utilities Commission surcharges, which are remitted to the board, to be deposited into the Prepaid MTS PUC Account, and those deposited moneys to be allocated and transferred to the respective universal service funds. This bill would specify that amounts transferred to the State Emergency Telephone Number Account are required to be appropriated pursuant to the Emergency Telephone Users Surcharge Act. This bill would require the Public Utilities Commission to allocate the moneys deposited into the Prepaid MTS PUC Account to the respective universal service funds and to the Public Utilities Commission Utilities Reimbursement Account and to report to the Controller on its allocation of those funds, as specified. This bill would authorize the Director of Finance to approve a short-term loan in the 2015–16 fiscal year from the General Fund to the Prepaid Mobile Telephony Services Surcharge Fund to provide adequate cashflow for expenses incurred by the board in the administration and collection of the prepaid MTS surcharge. (29) The Prepaid Mobile Telephony Service Surcharge Collection Act requires direct sellers to remit the prepaid portion of the prepaid MTS surcharge that is for the emergency telephone users surcharge to the board in accordance with the Emergency Telephone Users Surcharge Act and to remit the portion of the prepaid MTS surcharge that is for the Public Utilities Commission surcharges to the Public Utilities Commission. This bill would specify that those remitted amounts to the commission are required to be deposited into the respective universal services funds and the Public Utilities Commission Utilities Reimbursement Account, and that the remitted amounts to the board are required to be deposited into the State Emergency Telephone Number Account. (30) The Local Prepaid Mobile Telephony Services Collection Act, on and after January 1, 2016, and before January 1, 2020, suspends the authority of a city, county, or city and county, including any charter city, county, or city and county, to impose a utility user tax on the consumption of prepaid communications service and any charge that applies to prepaid mobile telephony service, on access to communication services or access to local "911" emergency telephone systems, and instead requires those taxes and charges to be applied during that period under any ordinance to be at specified rates. The act requires these local charges imposed by a city, county, or a city and county, on prepaid mobile telephony services to be collected from the prepaid consumer by a seller at the same time and in the same manner as the prepaid MTS surcharge is collected under the Prepaid Mobile Telephony Service Surcharge Collection Act, as specified. Existing law requires all local charges collected to be deposited in the Local Charges for Prepaid Mobile Telephony Services Fund, and transmitted to the city, county, or a city and county, as provided. This bill would, commencing January 1, 2017, exempt a seller, other than a direct seller, with de minimis sales of prepaid mobile telephony services of less than $15,000 during the previous calendar year from collecting the local charges, and would require the Department of Finance to annually review and adjust that de minimis sales threshold, as provided. This bill would authorize the Director of Finance to approve a short-term loan in the 2015–16 fiscal year from the General Fund to the Local Charges for Prepaid Mobile Telephony Services Fund to provide adequate cashflow for expenses incurred by the board in the administration and collection of the local charges. (31) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. (32) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

(1) The Public Employees' Medical and Hospital Care Act (PEMHCA) , which is administered by the Board of Administration of the Public Employees' Retirement System, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their families. PEMHCA defines "family member" for these purposes. PEMHCA authorizes the board to contract with carriers offering health benefit plans and prohibits employees, annuitants, and their family members who are eligible for Medicare, as specified, from enrolling in a basic health benefit plan. PEMHCA requires the board to make certain notifications and reports to the Legislature in connection with health benefit plans offered pursuant to its provisions. This bill would clarify the definition of family for the purposes of PEMHCA by specifically excluding former spouses and former domestic partners. The bill would require the employing office, as specified, of a state employee or state annuitant, pursuant to standards established by the Department of Human Resources, to possess documentation verifying eligibility of an employee's family member prior to the enrollment of a family member in a health benefit plan and to verify continued eligibility pursuant to a specified schedule. The bill would prohibit the board from granting further exceptions to the rule against enrolling in employees, annuitants, and their family members who are eligible for Medicare, as specified, in a basic health benefit plan. The bill would revise the entities to which the board is required to provide notification of approval of proposed benefit and premium readjustments to exclude the Legislature as a whole and to instead require provision of an initial estimate of proposed changes in writing to the Joint Legislative Budget Committee, the chairpersons of the committees and subcommittees in each house of the Legislature that consider the Public Employees' Retirement System's budget and activities, the State Controller, the Director of Finance, and the Legislative Analyst. The bill would specify the latest date that this notification may take place. The bill would require the board to provide a specified, detailed report to the Legislature and the Director of Finance annually, on November 1, regarding the health benefit plans it provides. (2) PEMHCA establishes the Annuitants' Health Care Coverage Fund, which is continuously appropriated for the purpose of prefunding of health care coverage for annuitants, including administrative costs. PEMHCA defines "prefunding" for these purposes. This bill would prohibit the use of certain state funds in the Annuitants' Health Care Coverage Fund for the payment of benefits until the earlier of 2 specified dates. The bill would revise the definition of prefunding to include employee as well as employer payments and to provide that payments may fund the actuarially determined normal costs of postemployment health care benefits. By providing a new funding source for a continuously appropriated fund, this bill would make an appropriation. (3) Existing law prescribes the duties of the Controller, which generally regard supervision of the fiscal concerns of the state. Existing law requires the Controller to abolish a state position that is vacant for 6 consecutive monthly pay periods on the following July 1, and permits the Director of Finance to authorize reestablishment of a position abolished pursuant to this authority under certain conditions. Among other things, existing law requires the Controller to reestablish a position abolished pursuant to this authority if the director of the department in which that position existed prior to abolishment makes a certification by August 15, as specified. This bill would repeal the provisions pertaining to vacant positions described above. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

(1) Existing law authorizes the Director of General Services, with the consent of the State Department of Developmental Services, to lease up to 60 acres located within the grounds of Fairview Developmental Center for a period of up to 55 years, for the purpose of developing affordable housing for the employees of, and transitional housing for patient-clients of, Fairview Developmental Center. This bill would additionally authorize the Director of General Services, with the consent of the Director of Developmental Services, to lease up to 20 acres located within the grounds of Fairview Developmental Center for a period of up to 55 years, at a price that will permit the development of affordable housing for people with developmental disabilities. The bill would require the proceeds of this housing project and the housing project described above to be deposited in Department of Developmental Services Trust Fund, which the bill would create. The bill would require that money in the fund be used, upon appropriation by the Legislature, to provide housing and transitional services for people with developmental disabilities, and would require that any funds not needed to support individuals with developmental disabilities be transferred to the General Fund. (2) Under existing law, the State Department of Public Health licenses and regulates various types of health facilities, including specified facilities for people with developmental disabilities. Under existing law the State Department of Social Services licenses community care facilities, including adult residential facilities or group homes that serve persons with developmental disabilities. Existing law authorizes a licensee of certain facilities to utilize secured perimeters, as defined. Existing law requires a person's individual program planning team to meet annually and determine that placement in a facility with secured perimeters is appropriate. These facilities are required to serve no more than 15 residents and be eligible for, and serve clients eligible for, federal Medicaid funding. This bill would remove the requirement that facilities with secured perimeters be eligible for, and serve clients eligible for, Medicaid funding. The bill would also limit the facilities to serving no more than 6 residents, except as specified. This bill would require the individual program planning team to meet every 90 days after admission of an individual to a facility with secured perimeters to determine the appropriateness of the placement. This bill would prohibit the state from authorizing more than a combined total of 150 beds statewide in facilities with secured perimeters. (3) Existing law vests in the State Department of Developmental Services jurisdiction over state hospitals, referred to as developmental centers, for the provision of residential care to individuals with developmental disabilities. Existing law requires the department, when closing a developmental center, to comply with procedural requirements that include the submission of a detailed plan to the Legislature. Existing law specifies required information to be included in a plan, including the fiscal impact of the closure, the impact on residents and their families, and anticipated alternative placements for residents. This bill would require the department to submit to the Legislature, on or before October 1, 2015, a plan or plans to close one or more developmental centers, as specified. The bill would provide that implementation of that plan would be contingent upon legislative approval of the plan as part of the legislative budget process during the 2016–17 Regular Session of the Legislature. The bill would require the department, following approval of a closure plan, to provide quarterly briefings to specified legislative staff on progress related to the plan, as specified. Existing law limits the total number of developmental center residents in the secure treatment facility at Porterville Developmental Center to 230, including residents receiving services in the Porterville Developmental Center transition treatment program. Existing law prohibits the admission of a person to a developmental center except under certain circumstances, including when the person is a juvenile committed by a court to the secure treatment program at Porterville Developmental Center. This bill would instead authorize an individual to be admitted to the secure treatment facility at Porterville Developmental Center only when specified conditions are satisfied, including, among others, that the individual is at least 18 years of age. The bill would also provide that an individual may be admitted to the transitional treatment facility at Porterville Developmental Center when specified conditions are satisfied, and would prohibit the placement of an individual in the transitional treatment program for longer than necessary to procure a less restrictive placement. The bill would require the department to report to the Legislature on or before March 1, 2016, regarding transitional program residents who are placed in the program for more than one year. This bill would declare the intent of the Legislature that General Fund savings derived from the closure of developmental centers benefit persons with developmental disabilities living in the community. The bill would require the department to display annually in its budget estimates specified information related to the downsizing or closure of developmental centers, as specified. (4) Under existing law, the Lanterman Developmental Disabilities Services Act, the department is responsible for providing various services and supports to persons with developmental disabilities, and for ensuring the appropriateness and quality of those services and supports. Existing law authorizes the department to contract with regional centers to provide these services and supports. Existing law requires a regional center to develop an individual program plan for a person who, following intake and assessment, is found to be eligible for regional center services. Existing law specifies requirements related to the process of developing an individual program plan. Existing law requires a regional center to complete a plan within 60 days of the completion of the assessment. This bill would require a regional center to offer, and upon request provide, a written copy of the individual program plan to the consumer of services or other specified individuals in a threshold language, as defined, within 45 days of the request. Existing law requires the department and regional centers to annually collaborate to compile specified data relating to purchase of service authorization, utilization, and expenditure by each regional center. Existing law requires each regional center to annually report to the department regarding the regional center's implementation of these requirements. This bill would require the department and regional centers to include in that data the number of instances when a written copy of an individual program plan is provided at the request of the consumer or other specified individuals in a language other than a threshold language, as defined, and that written copy was provided more than 60 days after the request. The bill would require the department to consult with stakeholders to achieve specified objectives related to reducing disparities and promoting equity in connection with providing the services and supports described above, and to report progress on those objectives to the Legislature during the 2016–17 annual legislative budget subcommittee hearing process. Existing law also requires the department to establish a statewide specialized resource service to reduce reliance on out-of-state placements, developmental centers, and mental health facilities for which federal funding is not available. Existing law requires the department to also annually provide to the fiscal and appropriate policy committees of the Legislature information on efforts to serve those consumers, as specified. This bill would require the department and each institution for mental disease that has admitted a regional center consumer to report annually to the contractor for regional center clients' rights advocacy services, information related to those consumers served. The bill would also expand the information the department is required to report to the policy committees and the contractor, as specified. Existing law requires that contracts entered into with regional centers include annual performance objectives, including annual performance objectives that are specific, measurable, and designed to, among other things, develop services and supports identified as necessary to meet identified needs. This bill would include measuring progress in reducing disparities and improving equity in purchase of service expenditures in those annual performance objectives. (5) Existing law prohibits a regional center from purchasing new residential services from, or placing a consumer in, institutions for mental disease, regardless of the availability of federal funding. Existing law provides that the prohibition does not apply to emergencies, as determined by the regional center, and as otherwise specified. Under those circumstances, existing law requires the regional center to complete a comprehensive assessment, as specified. This bill would require an institution for mental disease that receives placement of a regional center consumer from another entity to inform the regional center of the placement, as specified. After notice is provided to the regional center, the bill would require the regional center to complete an assessment. (6) Existing law sets forth the department's and the regional center's authority to establish provider rates. Existing law prohibits certain provider rate increases, but authorizes increases to those rates as necessary to adjust employee wages to meet the state minimum wage law. Existing law generally provides that employees who, on or after July 1, 2015, work in California for 30 or more days within a year are entitled to a specified number of paid sick days. This bill would authorize adjustment in prescribed provider rates commencing July 1, 2015, if the adjustment is necessary to implement the requirement that employees be provided paid sick days. (7) Existing law requires the department to establish a pilot program, until January 1, 2020, for the operation of up to 6 enhanced behavioral supports homes for adults and children with developmental disabilities who need intensive services and supports due to challenging behaviors that cannot be managed in a community setting without the availability of enhanced behavioral services and supports. This bill would delete the restriction on the number of enhanced behavioral supports homes that the department may approve as part of the pilot project. (8) Existing law requires the department, contingent upon approval of federal funding, to establish and implement a state Self-Determination Program, as defined, that would be available in every regional center catchment area to provide participants and their families, within an individual budget, increased flexibility and choice, and greater control over decisions, resources, and needed and desired services and supports to implement their IPP, in accordance with prescribed requirements. The statewide program would be phased in over 3 years, serving up to 2,500 regional center consumers during the phase-in period, and thereafter, available on a voluntary basis to all eligible regional center consumers. Existing law requires the department to annually provide specified information to the appropriate policy and fiscal committees of the Legislature, including the number and characteristics of participants, by regional center. This bill would authorize the Department of Finance to approve, as specified, an increase to the number of consumers served by the Self-Determination Program before the end of the 3-year phase-in period. The bill would specify that following the phase-in period, the regional center consumers that the program is made available to would include residents in developmental centers who are moving to the community, and would require that the annual information provided by the department to the appropriate policy and fiscal committees of the Legislature include the number of participants who entered the program upon movement from a developmental center. (9) Existing law establishes the In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing federal law, the Fair Labor Standards Act (FLSA) , and regulations promulgated under the FLSA, generally require that an employee covered by the act receive overtime pay for hours worked in excess of 40 hours in a workweek at a rate not less than 112 times the employee's regular rate of pay, unless specifically exempted. The bill would require the department, when federal FLSA regulations regarding payment of overtime compensation are implemented in the state, to consult with specified entities to evaluate the impact of those regulations on consumers and providers of supported living services, in-home respite services, and personal assistants to persons with developmental disabilities. The bill would require the department to report on the progress of that evaluation and specified resulting actions or recommendations to the Legislature during the 2016–17 legislative budget subcommittee hearing process. (10) This bill would appropriate $61,554,000 from the General Fund to the department to fund expenditures for services provided by regional centers, as specified. The bill would provide that those funds shall be available for encumbrance and expenditure until June 30, 2016. (11) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.