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passed · California · Assembly Jan 12, 2016

AB 253: Mental health.

Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Fund to fund various county mental health programs, and establishes the Mental Health Services Oversight and Accountability Commission, which consists of 16 members, to oversee the administration of various parts of the act. Existing law authorizes the act to be amended by a 23 vote of the Legislature if the amendments are consistent with, and further the purposes of, the act. This bill would expand the commission by 2 additional members who each have specified mental health knowledge and experience, to be appointed by the Governor. By amending the provisions of the Mental Health Services Act, this bill requires a 23 vote of the Legislature. Existing law, the Veterans Housing and Homeless Prevention Bond Act of 2014 (bond act) , an initiative measure enacted by the voters as Proposition 41 at the June 3, 2014, primary election, authorized $600 million in bonds to provide multifamily housing to low-income veterans and supportive housing for homeless veterans, through the Veterans Housing and Homeless Prevention Act of 2014. Existing law, the Veterans Housing and Homeless Prevention Act of 2014, provides for the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable transitional housing, affordable rental housing, and related facilities for veterans and their families to allow veterans to access and maintain housing stability. Existing law requires the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs, to work collaboratively for those purposes. This bill would require those departments to give a preference to applicants for funding pursuant to the bond act for supportive housing projects when the applicant can demonstrate a multiyear commitment of Mental Health Services Act funding for the applicant's housing project funding plan. Existing law requires county mental health plans, whether administered by public or private entities, to be governed by specified guidelines, including, among other things, providing for culturally competent and age-appropriate services, to the extent feasible. Existing law requires a mental health plan to have a cultural competence plan with specified components. This bill would require the Department of Health Care Services to post the cultural competence plan component of each county mental health plan on a dedicated Internet Web page within 30 days of the department receiving the plan and to notify the appropriate fiscal and policy committees of the Legislature when the plan is available on the Internet Web page. The bill would declare that the amendments to the provisions of the Mental Health Services Act are consistent with, and further the purposes of, that act.
Roger Hernández (D)
passed · California · Assembly Sep 11, 2015

AB 131: State public employment.

(1) Existing law provides that a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act. This bill would approve provisions of memoranda of understanding entered into between the state employer and Professional Engineers in California Government, State Bargaining Unit 9, and the California Association of Professional Scientists, State Bargaining Unit 10, that require the expenditure of funds, and would provide that these provisions will become effective even if these provisions are approved by the Legislature in legislation other than the annual Budget Act. The bill would prohibit provisions of the memoranda of understanding approved by the bill that require the expenditure of funds from taking effect unless funds for those provisions are specifically appropriated by the Legislature. The bill would require the state employer and the affected employee organization to meet and confer to renegotiate the affected provisions if funds for those provisions are not specifically appropriated by the Legislature. The bill would appropriate to the Controller from the General Fund, unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the memoranda of understanding described above if the Budget Act is not enacted on or before July 1 in the 2016–17 or 2017–18 fiscal years, as specified. (2) 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. (3) 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. (4) 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. (5) The Public Employees' Medical and Hospital Care Act (PEMHCA) , which is administered by the Board of Administration of the Public Employees' Retirement System, prescribes methods for calculating the state employer contribution for postemployment health care benefits for eligible retired public employees and their families and for the vesting of these benefits. PEMHCA requires the employer contribution for an employee or annuitant who is in employment or retired from state service, to be adjusted by the Legislature in the annual Budget Act, as specified. PEMHCA prescribes different ways of calculating the employer contributions for employees and annuitants depending on date of hire, years of service, and bargaining unit. This bill, for state employees who are first employed and become members of the retirement system on or after January 1, 2016, and are represented by State Bargaining Unit 9 or 10, as specified, would limit the employer contribution for annuitants to 80% of the weighted average of the health benefit plan premiums for an active employee enrolled for self-alone, during the benefit year to which the formula is applied, for the 4 health benefit plans with the largest state civil service enrollment, as specified. The bill would similarly limit the employer contribution for an enrolled family member of an annuitant to 80% of the weighted average of the additional premiums required for enrollment of those family members during the benefit year to which the formula is applied. The bill would similarly limit employer contributions for annuitants enrolled in Medicare health benefit plans. (6) PEMHCA requires state employees to have a specified number of years of state service, depending on hiring date and other factors, before they may receive any portion of the employer contribution payable for annuitants for postretirement health benefits and increases the percentage they may receive based upon additional years of service. This bill would prohibit state employees who are first employed and become members of the retirement system on or after January 1, 2016, and are represented by State Bargaining Unit 9 or 10, as specified, from receiving any portion of the employer contribution payable for annuitants unless the person is credited with at least 15 years of state service at the time of retirement. The bill would prescribe the percentage of the employer contribution payable for postretirement health benefits for an employee based on the number of completed years of credited state service at retirement, with 50% after 15 credited years of service, and 100% after 25 or more years of service. (7) PEMHCA requires that an employee or annuitant who is enrolled in, or whose family member is enrolled in, a Medicare health benefit plan be paid the amount of the Medicare Part B premiums, as specified, and prohibits this payment from exceeding the difference between the maximum employer contribution and the amount contributed by the employer toward the cost of premiums for the health benefit plan in which the employee or annuitant and his or her family members are enrolled. This bill would prohibit application of this requirement to state employees who are first employed and become members of the retirement system on or after January 1, 2016, and are represented by State Bargaining Unit 9 or 10, as specified. (8) PEMHCA establishes the Public Employees' Contingency Reserve Fund for the purpose of funding health benefits and funding administrative expenses. 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 require the state and employees of State Bargaining Unit 9 or 10 to prefund retiree health care with the goal of reaching a 50% cost sharing of normal costs by July 1, 2019. The bill would prescribed schedules of contribution percentages in this regard for state and these employees, based upon bargaining unit, with the moneys to be deposited in the Annuitants' Health Care Coverage Fund. By depositing new revenue in a continuously appropriated fund, this bill would make an appropriation. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
passed · California · Assembly Sep 11, 2015

AB 127: State government.

(1) Existing law provides for the salaries of the chairperson and commissioners of the Board of Parole Hearings and the chairperson and members of the Occupational Safety and Health Appeals Board, and limits increases to those salaries by, among other restrictions, prohibiting a salary increase exceeding the percentage of the general increase in the salary rates and ranges for classifications provided during that fiscal year for state employees designated as managerial. This bill would instead authorize the Department of Human Resources to set and adjust, as needed, the annual compensation of these state officers based on specified factors. The bill would prohibit compensation for these state officers from exceeding 125% of the compensation recommended to be paid to the Governor by the California Citizens Compensation Commission, and would require the department to notify the Legislature of the compensation level implemented within 30 days of the effective date of the proposed compensation adjustment. (2) The Public Employees' Medical and Hospital Care Act requires, among other things, the Board of Administration of the Public Employees' Retirement System to report to the Legislature and the Director of Finance, on November 1, 2015, and annually thereafter, on specific components of the health benefits program. This bill would remove the requirement for the board to report on November 1, 2015, and instead require the board to report beginning on November 1, 2016, and annually thereafter. (3) Existing law established the California Health Benefit Exchange to be governed by an executive board consisting of 5 members who are residents of California. Existing law requires the board to establish and use a competitive process to select participating carriers and any other contractors, and exempts any contract entered into pursuant to these provisions from the State Contract Act. This bill would make a nonsubstantive change to this provision. (4) Existing law requires a county board of supervisors, upon an agreement to accept specified funding, to develop and administer a competitive grant program in collaboration with the county's Community Corrections Partnership to fund community recidivism and crime reduction services. Existing law allocates funding to counties from the Budget Act of 2015 pursuant to a specified allocation schedule for this purpose and requires the board of supervisors to grant the funds to community recidivism and crime reduction service providers, as defined. Based on the population of the county, existing law limits the maximum amount of funds that may be awarded to a service provider to between $10,000 and $100,000, and further limits the total amount of grants that may be awarded to a single provider by all counties to $100,000. This bill would make the above-specified limitation on the maximum amount that may be awarded to a service provider applicable to each Budget Act allocation. (5) The Personal Income Tax Law and the Corporation Tax Law provide for various exclusions from the calculation of gross income in determining tax liability, and specifically exclude from that calculation, for taxable years beginning on or after July 1, 2015, 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 relating to earthquake loss mitigation. These existing laws define "earthquake loss mitigation" as an activity that reduces seismic risks to a residential structure or its contents, or both, and define a "residential structure" by reference to another law, relating to policies of residential property insurance. This bill would remove the reference to a loan from the listing of excluded items, and revise the definition of "residential structure" to also include a residential building of not fewer than 2, but not more than 10, dwelling units. (6) The bill would make an appropriation from the State Department of Public Health Licensing and Certification Program Fund of $400,000 to the Long-Term Care Ombudsman Program for the purposes of Program 3900-Supportive Services, as specified in the Budget Act of 2015. (7) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
passed · California · Assembly Sep 11, 2015

AB 123: Budget Act of 2015.

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.
passed · California · Assembly Sep 11, 2015

AB 110: Public Resources.

(1) Existing law regulates real property acquired and operated by the state as wildlife management areas, and requires the Department of Fish and Wildlife, when income is directly derived from that real property, as provided, to annually pay to the county in which the property is located an amount equal to the county taxes levied upon the property at the time it was transferred to the state. Existing law further requires the department to pay the assessments levied upon the property by any irrigation, drainage, or reclamation district, and requires all of those payments to be made from funds available to the department. This bill would authorize, instead of require, the department to make these payments and only from funds appropriated to the department for those purposes. The bill would also prohibit allocations of these moneys to a school district, community college district, or a county superintendent of schools. (2) Existing law authorizes the California Science Center to enter into a site lease with the California Science Center Foundation, a California nonprofit public benefit corporation, with the approval of the Natural Resources Agency, the Department of Finance, and the Department of General Services, for the purpose of the foundation developing, constructing, equipping, furnishing, and funding the project known as Phase II of the California Science Center. This bill would further authorize the California Science Center to enter into one or more agreements or leases with the California Science Center Foundation, with the approval of the Natural Resources Agency, the Department of Finance, and the Department of General Services, for the purpose of developing, designing, constructing, equipping, furnishing, operating, and funding the project known as the Phase III Project of the California Science Center. This bill would require the agreements or leases to include specific provisions that include, among others, provisions that the foundation agrees to indemnify, defend, and save harmless the state from any and all claims and losses arising out of the design and construction of the Phase III Project, the entire design and construction cost of the Phase III Project would be the sole responsibility of the foundation, and the foundation would develop the Phase III Project in a manner that is consistent with the state's climate change goals, as specified. (3) Existing law establishes the Repatriation Oversight Commission, comprised of 10 members, with specified duties relating to the process of repatriation of human remains or cultural items to the appropriate California Native American tribes. Existing law establishes the Native American Heritage Commission and vests the commission with specified powers and duties. This bill would abolish the Repatriation Oversight Commission and require the Native American Heritage Commission to assume its duties and responsibilities, as provided, and would make conforming changes. (4) Existing law requires various entities, including the State Fire Marshal, to seize certain prohibited fireworks. Existing law requires the State Fire Marshal to dispose of the fireworks in a manner prescribed by the State Fire Marshal. This bill would, until January 1, 2016, instead require seized fireworks to be managed by the State Fire Marshal, would require the State Fire Marshall to contract with a federal permitted hazardous waste hauler for the hauling and disposal of seized illegal and dangerous fireworks, and would require the State Fire Marshall to store fireworks determined not to be hazardous, as provided. Existing law authorizes the State Fire Marshal to dispose of dangerous fireworks after specified requirements are satisfied, including that a random sampling of the dangerous fireworks has been taken. Existing law requires the State Fire Marshal to acquire and use statewide mobile dangerous fireworks destruction units to collect and destroy seized dangerous fireworks from local and state agencies. This bill would, until January 1, 2016, make those sampling and destruction provisions inoperative. (5) The existing Hazardous Waste Control Law requires materials that require special handling, as defined, to be removed from major appliances in which they are contained before the crushing, baling, shredding, sawing, shearing apart, disposal, or other processing of the appliance in a manner that could result in the release or prevent the removal of those materials. Existing law prohibits a person who is not a certified appliance recycler from removing materials that require special handling from major appliances and imposes specified requirements regarding transporting, delivering, or selling discarded major appliances to a scrap recycling facility. Existing law establishes the Toxic Substances Control Account in the General Fund. Existing law authorizes the moneys deposited in the account to be appropriated to the Department of Toxic Substances Control for specified purposes, including the administration and implementation of activities of the department related to pollution prevention and technology development authorized pursuant to the Hazardous Waste Control Law, and the department's expenses for staff to perform oversight of investigations and characterizations, among other things. This bill would, commencing July 1, 2015, and until June 30, 2018, authorize moneys in the Toxic Substances Control Account to be appropriated to the department for the administration and implementation of the Hazardous Waste Control Law as it applies to metal recycling facilities, as defined. The bill would, commencing July 1, 2015, and until June 30, 2017, also authorize moneys in the Toxic Substances Control Account to be appropriated to the department for review of the department's enforcement of the Hazardous Waste Control Law. Existing law requires the California Environmental Protection Agency, and the offices, boards, and departments within the agency, to institute quality government programs, as defined, to achieve increased levels of environmental protection and the public's satisfaction through improving the quality, efficiency, and cost-effectiveness of the state programs that implement and enforce state and federal environmental protection statutes. Existing law requires the agency, and each board, department, and office within the agency, to submit a biennial report to the Governor and Legislature on the extent to which these agencies have attained their performance objectives, and on their continuous quality improvement efforts. This bill would establish the assistant director for environmental justice in the department with specified duties. This bill would also, until January 1, 2018, create an independent review panel within the department, comprising three members, to advise the department on issues related to the department's reporting obligations, make recommendations for improving the department's programs, advise the department on increasing levels of environmental protection in the department's programs, and report to the Governor and the Legislature, as provided. (6) Existing law creates the enhanced fleet modernization program to provide compensation for the retirement of passenger vehicles and light-duty and medium-duty trucks that are high polluters. Existing law creates the Enhanced Fleet Modernization Subaccount, with the moneys in the subaccount available, upon appropriation by the Legislature, to the Department of Consumer Affairs and the Bureau of Automotive Repair to establish and implement the enhanced fleet modernization program. This bill would additionally authorize the moneys in the Enhanced Fleet Modernization Subaccount to be available, upon appropriation, to the State Air Resources Board to implement and administer the enhanced fleet modernization program. (7) Existing law generally prohibits the state, or a county, city, district, or other political subdivision, or any public officer or body acting in its official capacity on behalf of any of those entities, from being required to pay any fee for the performance of an official service. Existing law exempts from this provision any fee or charge for official services required pursuant to specified provisions of law relating to water use or water quality, including the fees charged to public water systems under the California Safe Drinking Water Act. This bill would specifically exempt from that provision any fee or charge required pursuant to other provisions of law relating to water use and water quality, including the Safe Drinking Water State Revolving Fund Law of 1997 and provisions relating to cross-connections of water users, water treatment devices, and operator certification of water treatment plants and water distribution systems. (8) The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various duties and responsibilities for the regulation and control of drinking water in the state. The act requires a public water system serving 1,000 or more service connections, and any public water system that treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption, to reimburse the state board for the state board's actual costs of conducting specified mandated activities that relate to that specific public water system. The act requires the state board to submit an invoice to the public water system according to specified provisions. The act requires a public water system serving fewer than 1,000 service connections to pay an annual drinking water operating fee to the state board, as specified, for the state board's costs of conducting specified mandated activities relating to public water systems. The act authorizes the state board to increase this annual drinking water operating fee according to specified procedures. The act also requires a public water system serving less than 1,000 service connections applying for a domestic water supply permit to pay a permit application processing fee to the state board. The act requires a public water system under the jurisdiction of a local primacy agency to pay the above-described fees to the local primacy agency in lieu of the state board. This bill would, on and after July 1, 2016, require the state board to adopt, by regulation, a fee schedule, to be paid annually by each public water system for the purpose of reimbursing the state board for specified activities. The bill would, on and after July 1, 2016, prohibit the reimbursement from exceeding the state board's cost of conducting the activities, as specified. The bill would require the state board to set the total amount of revenue collected through the fee schedule to be equal to the amount appropriated by the Legislature in the annual Budget Act from the Safe Drinking Water Account for expenditure for the administration of the act. The bill would require the state board to review and revise the fee schedule each fiscal year, as necessary, and, if the state board determines that the amount of revenue collected during the preceding year was greater than, or less than, the amounts appropriated by the Legislature, the bill would authorize the state board to further adjust the fees. The bill would require the state board to adopt regulations subsequent to the initial regulations as emergency regulations. This bill would allow the emergency regulations to include provisions relating to the administration and collection of fees and would require that any emergency regulations adopted by the state board, or adjustments to the annual fees, not be subject to review by the Office of Administrative Law and remain in effect until revised by the state board. The bill would require a public water system under the jurisdiction of a local primacy agency to pay these fees to the local primacy agency in lieu of the state board. The act also generally requires each public water system to reimburse the state board for actual costs incurred by the state board for specified enforcement activities related to that water system and, for a public water system serving less than 1,000 service connections, restricts the maximum reimbursement to specified amounts. Under the act, the state board is not entitled to these enforcement costs if either a court or the state board determines that the enforcement activities were in error. The act imposes similar provisions upon a public water system under the jurisdiction of a local primacy agency. This bill would delete the maximum reimbursement limitation for public water systems serving less than 1,000 service connections. The bill would require that payment of the invoice for reimbursement costs be made within 90 days of the date of the invoice, with a 10% late penalty, and would authorize the state board or local primacy agency to waive payment of all or any part of the invoice or penalty. The act requires the state board to adopt primary drinking water standards for contaminants in drinking water and requires the Office of Environmental Health Hazard Assessment to prepare and publish an assessment of the risks to public health posed by each contaminant for which the state board proposes a primary drinking water standard. The act requires the risk assessment to contain an estimate of the level of the contaminant in drinking water that is not anticipated to cause or contribute to adverse health effects, or that does not pose a significant risk to health, known as the public health goal for the contaminant. The act authorizes any person, within 15 calendar days of completion of a specified public workshop on a risk assessment, to request the office to submit the risk assessment to external scientific peer review before the risk assessment's publication, as specified. The act requires the office to submit the risk assessment to external scientific peer review if the person requesting the peer review agrees to fully reimburse the office for the costs associated with conducting the external scientific peer review. This bill would delete the provision authorizing a person to request the office to submit the risk assessment to external scientific peer review and would instead require external scientific for peer review of the risk assessment pursuant to specified provisions of law. (9) The Surface Mining and Reclamation Act of 1975 governs surface mining operations and the reclamation of mined lands. Existing law requires the first $2,000,000 of certain moneys from mining activities on federal lands disbursed by the United States each fiscal year to be deposited in the Surface Mining and Reclamation Account in the General Fund, which is authorized to be expended, upon appropriation by the Legislature, for the purposes of that act. This bill instead would require moneys from mining activities on federal lands disbursed by the United States each fiscal year to be deposited in the account in an amount equal to the appropriation for the Surface Mining and Reclamation Act of 1975 contained in the annual Budget Act for that fiscal year. (10) The federal Safe Drinking Water Act regulates certain wells as Class II wells, as defined. Under existing federal law, the authority to regulate Class II wells in California is delegated to the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation. Under existing law, the division implements the Underground Injection Control Program pursuant to this federal delegation. The federal act prohibits certain well activities that affect underground sources of drinking water, unless those sources are located in an exempted aquifer. Existing federal law authorizes a state delegated with the responsibility of regulating Class II wells to propose that an aquifer or a portion of an aquifer be an exempted aquifer and authorizes the United States Environmental Protection Agency (USEPA) to approve the proposal if the aquifer or a portion of the aquifer meets certain criteria. This bill would require the division, prior to proposing an aquifer or a portion of an aquifer for exemption, to consult with the State Water Resources Control Board and the appropriate regional water quality control board concerning conformity of the proposal with certain requirements. If the division and the state board concur that the exemption proposal may merit consideration by the USEPA, the bill would require those agencies to provide a public comment period on the proposal and to jointly conduct a public hearing. If, after the review of public comments, those agencies concur that the exemption proposal merits consideration by the USEPA, the bill would require the division to submit the exemption proposal to that federal agency. The bill, until March 1, 2019, would also require the division to notify the relevant policy committees of the Legislature before submitting the exemption proposal to USEPA. This bill would require the Department of Conservation and the State Water Resources Control Board, by January 30, 2016, and every 6 months thereafter, until March 1, 2019, to provide to the fiscal and relevant policy committees of the Legislature certain reports regarding the implementation of the Underground Injection Control Program. The bill would require the state board, by January 30, 2016, and every 6 months thereafter, until March 1, 2019, to post on its Internet Web site a report on the status of the regulation of oil field produced water ponds within each region of the regional water quality control boards. This bill would also require the Secretary for Environmental Protection and the Secretary of the Natural Resources Agency to appoint an independent review panel to evaluate the Underground Injection Control Program and to make recommendations on how improve the effectiveness of the program. (11) Existing law imposes, among other things, an annual charge upon each person operating or owning an interest in an oil or gas well, with respect to the production of the well, which charge is payable to the Treasurer for deposit into the Oil, Gas, and Geothermal Administrative Fund. Existing law requires that moneys from charges levied, assessed, and collected upon the properties of every person operating or owning an interest in the production of a well be used exclusively, upon appropriation, for the support and maintenance of the Department of Conservation, which is charged with the supervision of oil and gas operations. This bill would additionally authorize the use of those moneys for the support of the State Water Resources Control Board and the regional water quality control boards for their activities related to oil and gas operations that may affect water resources. (12) Existing law establishes the California Environmental Protection Program, which provides funding for identifiable projects and programs of state agencies and others that have a clearly defined benefit to the people of the state and have one or more specified environmental protection purposes including, among other things, pollution control, the acquisition of land for natural areas or ecological reserves, and the purchase of real property consisting of sensitive natural areas for the state park system and for local and regional parks. Existing law authorizes the issuance of environmental license plates, as defined, for vehicles, upon application and payment of certain fees, and requires that specified revenues derived from those fees be deposited in the California Environmental License Plate Fund in the State Treasury and used, upon appropriation, for program purposes. This bill would additionally authorize the moneys in the fund to be used, upon appropriation, for deferred maintenance projects at state parks. This bill would require the Natural Resources Agency, no later than October 1, 2015, in collaboration with the relevant policy committees of the Senate and the Assembly, to convene a working group to review and make recommendations regarding legislative and other action that may be necessary to adjust the priorities for the expenditure of moneys from the Environmental License Plate Fund. (13) Existing law authorizes the Department of Parks and Recreation to receive and accept in the name of the people of the state any gift, dedication, devise, grant, or other conveyance of title to or any interest in real property and to be added or used in connection with the state park system and to receive and accept gifts, donations, contributions, or bequests of money and personal property to be used for state park purposes, subject to the approval of the Director of Finance, except as provided. This bill would, authorize the department to receive and accept conditional gifts or bequests of money valued at $100,000 or less without the approval of the director, but would require the department to annually report those gifts or bequests of money to the Department of Finance. (14) The Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission and requires it to certify sufficient sites and related facilities that are required to provide a supply of electricity sufficient to accommodate projected demand for power statewide. Existing law requires that a person who submits an application to the commission for a proposed generating facility submit with the application a fee of $250,000, plus $500 per megawatt of gross generating capacity, not to exceed $750,000, as adjusted for inflation. This bill would require that a person who submits a petition to amend an existing project that previously received certification to submit with the petition a fee of $5,000. The bill would require the commission to conduct a full accounting of the actual cost of processing the petition to amend, for which the project owner would be required to reimburse the commission, with total fees owed by the project owner pursuant to each petition to amend not to exceed $750,000, as adjusted for inflation. The bill would delete a requirement that the commission report specified information to the Legislature by July 1, 2012. (15) Existing law establishes the Energy Efficient State Property Revolving Fund, a continuously appropriated fund, administered by the Department of General Services for loans for projects on state-owned buildings and facilities to achieve greater long-term energy efficiency, energy conservation, and energy cost and use avoidance. Existing law, for the 2009–10 fiscal year, transfers $25,000,000 from moneys received by the State Energy Resources Conservation and Development Commission from the federal American Recovery and Reinvestment Act of 2009. Existing law establishes the State Energy Conservation Assistance Account administered by the commission for grants and loans to local government and public institutions for projects to maximize energy savings in existing and planned buildings or facilities. Existing law authorizes the commission to augment funding for grants and loans from federal funds, including the federal American Recovery and Reinvestment Act of 2009. Existing law requires the establishment of a separate subaccount in the State Energy Conservation Assistance Account to track the award and repayment of loans from federal funds. Existing law establishes the Clean and Renewable Energy Business Financing Revolving Loan Program and authorizes the commission to use funds available to the commission from the federal American Recovery and Reinvestment Act of 2009 (federal moneys) to provide low interest loans to California clean and renewable energy manufacturing businesses. This bill would require the commission to transfer, as specified, to the Energy Efficient State Property Revolving Fund repayments of, and accrued interest on, loans funded by those federal moneys and made from to the State Energy Conservation Assistance Account or pursuant to the Clean and Renewable Energy Business Financing Revolving Loan Program. Because the moneys transferred would be used for a new purpose, this bill would make an appropriation. (16) Existing law requires the California-Mexico Border Relations Council to coordinate activities of state agencies that are related to cross-border programs, initiatives, projects, and partnerships that exist within state government, to improve the effectiveness of state and local efforts that are of concern between California and Mexico, and to identify and recommend to the Legislature changes necessary to achieve this goal. Existing law requires the council to annually submit a report to the Legislature on its activities. This bill would also require the council to establish the Border Region Solid Waste Working Group to develop and coordinate long-term solutions to address and remediate problems associated with waste tires, solid waste, and excessive sedimentation along the border, as specified, and would require the council to identify and recommend to the Legislature changes in law necessary to achieve these goals. The California Tire Recycling Act requires the Department of Resources Recycling and Recovery to administer a tire recycling program, and imposes a California tire fee on a new tire purchased in the state. The revenue generated from the fee is deposited in the California Tire Recycling Management Fund for expenditure, upon appropriation by the Legislature, for programs related to waste tires, including border region activities. Under the act, border region activities include the development of a waste tire abatement plan and the development of projects in Mexico in the California-Mexico border region, including education, infrastructure, mitigation, cleanup, prevention, reuse, and recycling projects that address the movement of used tires from California to Mexico that are eventually disposed of in California. This bill would instead specify that border region activities include the development of a waste tire abatement plan, in coordination with the California-Mexico Border Relations Council, which may also provide for the abatement of solid waste. The bill would instead provide that border region activities include the development of projects in Mexico in the California-Mexico border region that address the movement of used tires from California to Mexico, and support the cleanup of illegally disposed waste tires and solid waste along the border that could negatively impact California's environment. This bill would appropriate $300,000 from the California Tire Recycling Management Fund to the California Environmental Protection Agency to support the California-Mexico Relations Council. (17) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. Existing law requires every electric utility, as defined, to develop a standard contract or tariff providing for net energy metering, as defined, and to make this contract or tariff available to eligible customer-generators, as defined, upon request for generation by a renewable electrical generation facility, as defined. This bill would include as an eligible customer-generator, a United States Armed Forces base or facility, as defined, if the base or facility uses a renewable electrical generation facility, or a combination of those facilities, that is located on premises owned, leased, or rented by the base or facility, is interconnected and operates in parallel with the electrical grid, is intended primarily to offset part or all of the base or facility's own electrical requirements, and has a generating capacity that does not exceed the lesser of 12 megawatts or one megawatt greater than the minimum load of the base or facility over the prior 36 months. Existing law requires that every electric utility ensure that requests for an interconnection agreement from an eligible customer-generator are processed in a time period not to exceed 30 working days from the date it receives a completed application form from the eligible customer-generator for an interconnection agreement. This bill would require that an electrical corporation be afforded a prudent but necessary time, as determined by the executive director of the commission, to study the impacts of a request for interconnection of a renewable electrical generation facility with a capacity of greater than one megawatt that is located on a United States Armed Forces base or facility. If the study reveals the need for upgrades to the transmission or distribution system arising solely from the interconnection, this bill would require that the electrical corporation be afforded the time necessary to complete those upgrades before the interconnection and that the costs of those upgrades be borne by the a United States Armed Forces base or facility. The bill would require an electrical corporation to make a tariff, to be approved by the commission, available pursuant to the above requirements for a United States Armed Forces base or facility by November 1, 2015. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because these provisions require action by the commission to implement its requirements, a violation of these provisions would impose a state-mandated local program by creating a new crime. (18) Decisions of the Public Utilities Commission adopted the California Solar Initiative administered by electrical corporations and subject to the Public Utilities Commission's supervision. Existing law requires the Public Utilities Commission and State Energy Resources Conservation and Development Commission to undertake certain steps in implementing the California Solar Initiative and requires the Public Utilities Commission 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 State Energy Resources Conservation and Development 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 Public Utilities Commission, upon notification by the State Energy Resources Conservation and Development Commission, to require those electrical corporations to continue the administration of the program pursuant to the guidelines established by the State Energy Resources Conservation and Development Commission for the program until the $400,000,000 monetary limit is reached. Existing law authorizes an electrical corporation to elect to have a 3rd party, including the State Energy Resources Conservation and Development Commission, administer the electrical corporation's continuation of the program. This bill would make the New Solar Homes Partnership Program inoperative on June 1, 2018. If the Public Utilities Commission requires the continuation of the program pursuant to the above authorization, the bill would authorize the Public Utilities Commission to determine whether a third party, including the State Energy Resources Conservation and Development Commission should implement the continuation of the program and would require any funding made available to be encumbered no later than June 1, 2018, and disbursed no later than December 31, 2021. (19) Existing law requires a person who digs, bores, or drills a water well, cathodic protection well, or a monitoring well, or abandons or destroys a well, or deepens or reperforates a well, to file a report of completion with the Department of Water Resources. Existing law prohibits those reports from being made available to the public, except under certain circumstances. This bill would instead require these reports to be made available to governmental agencies and to the public, upon request, as prescribed. The bill would authorize the department to charge a fee for the provision of a report to the public that does not exceed the reasonable costs to the department of providing the report. (20) The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, a measure approved by the voters at the March 5, 2002, statewide general election, authorizes, for the purposes of financing certain acquisition and development projects, the issuance of bonds in the amount of $2,600,000,000. Of that amount, the act requires $832,500,000 be available for appropriation for specified local assistance programs and requires that any grant funds that have been appropriated pursuant to these provisions, but have not been expended before July 1, 2011, be reverted back to the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund. The act requires reverted funds be available for appropriation by the Legislature for the specified local assistance programs. This bill would make available, of the funds that have been reverted to the fund and upon appropriation, $10,000,000 for outdoor environmental education and recreation programs, consistent with the above-described local assistance programs. (21) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (22) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
passed · California · Assembly Sep 11, 2015

AB 1397: Community colleges: California Community Colleges Fair Accreditation Act of 2015.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law specifies the duties of the board of governors, including, among other duties, establishing minimum standards for the formation of community colleges and districts. Under existing regulatory authority, the board of governors requires each community college to be accredited. Existing law requires the accrediting agency for the community colleges to report to the appropriate policy and budget subcommittees of the Legislature upon the issuance of a decision that affects the accreditation status of a community college and to report, on a biannual basis, any accreditation policy changes that affect the accreditation process or status for a community college. This bill would enact the California Community Colleges Fair Accreditation Act of 2015. The act would require that an appropriate percentage of each visiting accreditation team from the accrediting agency for the California Community Colleges be composed of academics, as defined. The bill would prohibit persons with conflicts of interest, as defined, from serving on a visiting accreditation team. The bill would require the accrediting agency to conduct meetings of its decisionmaking body to ensure the ability of members of the public to attend those meetings. The bill would require the accrediting agency to post the agenda of the meetings of its decisionmaking body on its Internet Web site, and to mail that agenda to specified officers of affected institutions, no less than 30 days before a public meeting of that body. The bill would require the accrediting agency to preserve all documents generated during an accreditation-related review, as specified. The bill would authorize the shortening of the time periods required by the bill with respect to certain actions of the agency only pursuant to a written declaration made, under penalty of perjury, by the chief executive officer of the agency, as specified. The bill would authorize an institution to submit an appeal of a decision by the accrediting agency to subject that institution to a sanction of probation or a more serious sanction. The bill would require a member of a panel that would hear one of these appeals to file a specified disclosure form under penalty of perjury. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Phil Ting (D) · 8 co-sponsors
passed · California · Assembly Sep 11, 2015

AB 106: Human services.

(1) Under existing law, the parents of a minor child are responsible for supporting the child. Existing law establishes the Department of Child Support Services, which administers all federal and state laws and regulations relating to child support enforcement obligations. Existing law requires each county to maintain a local child support agency that has responsibility for promptly and effectively enforcing child support obligations. Existing law also establishes within the state's child support program a quality assurance and performance improvement program. Existing law provides that the 10 counties with the best performance standards shall receive an additional 5% of the state's share of those counties' collections that are used to reduce or repay aid that is paid under the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Existing law requires these additional funds received by a county to be used for specified child support-related activities. Existing law suspends the payment of this additional 5% for the 2002–03 to 2014–15 fiscal years, inclusive. This bill would extend the suspension of the additional 5% payments through the 2016–17 fiscal year. (2) Under existing law, the State Department of Social Services regulates the licensure and operation of community care facilities, residential care facilities for the elderly, child day care centers, and family day care homes. Existing law provides that these facilities, except for foster family homes, are subject to unannounced visits by the department at least once every 5 years. Existing law requires the department to conduct an annual unannounced visit under specified circumstances, including when a license is on probation, and to conduct annual unannounced visits of no less than 20% of the facilities, other than foster family homes, that are not subject to an inspection under those specified circumstances. This bill would increase the frequency of inspections of those care facilities licensed by the State Department of Social Services, as specified. The bill would also require the department, as it implements the first stage of the multiyear proposal to increase the inspection frequency of facilities licensed, as specified, to update the Legislature frequently, and no later than April 1, 2016, for the first update, regarding the implementation of the multiyear proposal, as specified. (3) Existing law requires the State Department of Social Services, before issuing a license or special permit to any person to operate or manage a community care facility or a day care facility, to secure from an appropriate law enforcement agency a criminal record regarding the applicant and specified other persons, including those who will reside in the facility and employees and volunteers who have contact with the clients or children, as specified. Existing law generally prohibits the Department of Justice or the State Department of Social Services from charging a fee for fingerprinting or obtaining the criminal record of an applicant for a license or special permit to operate a community care facility providing nonmedical board, room, and care for 6 or fewer children, an applicant to operate or manage a day care facility that will serve 6 or fewer children, or an applicant for a family day care license, as specified. Existing law suspends the operation of that prohibition against charging a fee, however, through the 2014–15 fiscal year. This bill would extend through the 2016–17 fiscal year the suspension of the prohibition against charging a fee for fingerprinting or obtaining a criminal record pursuant to the provisions described above, thereby permitting those departments to charge a fee for those services. (4) Under existing law, taxpayers are allowed to contribute amounts in excess of their personal income tax liability in support of the California Senior Legislature Fund, which is used to fund the sessions of the California Senior Legislature. Existing law, until January 1, 2015, authorized taxpayers to contribute amounts in excess of their tax liability in support of the California Fund for Senior Citizens, which was used to support those sessions. Existing law requires that funds for the California Senior Legislature be allocated from the now obsolete California Fund for Senior Citizens. This bill would instead require that funds for the California Senior Legislature be allocated from the California Senior Legislature Fund, which the bill would designate as the successor fund of the California Fund for Senior Citizens. The bill would require that all assets, liabilities, revenues, and expenditures of the California Fund for Senior Citizens be transferred to the California Senior Legislature Fund, and that all references in state law to the California Fund for Senior Citizens be construed to refer to the California Senior Legislature Fund. (5) Under existing law, the information obtained in the administration of the Unemployment Insurance Code is for the exclusive use and information of the Director of Employment Development in the discharge of his or her duties and is not open to the public. However, existing law requires the director to permit the use of the information for specified purposes, including, among others, to enable federal, state, and local government agencies to verify or determine eligibility for an applicant or recipient of specified public social services, and allows the director to require reimbursement for direct costs incurred. This bill would require the director to permit the use of any information in his or her possession to enable federal, state, or local government departments or agencies, or their contracted agencies, subject to federal law, to evaluate, research, or forecast the effectiveness of public social services programs, as specified, when the evaluation, research, or forecast is directly connected with, and limited to, the administration of those public social services programs. The bill would also make technical, nonsubstantive changes. (6) Existing federal law provides for the allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the CalWORKs program under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Under existing law, an otherwise qualified individual convicted of any of certain felonies that have as an element the possession, use, or distribution of a controlled substance, as defined, is eligible to receive CalWORKs benefits, except as specified. This bill would make a conforming change by deleting certain reporting requirements regarding those types of convictions with respect to eligibility for the CalWORKs program. (7) Existing law authorizes a county to provide housing supports, including financial assistance and housing stabilization and relocation services, to CalWORKs recipients who are experiencing homelessness or housing instability that would be a barrier to self-sufficiency or child well-being. Under existing law, the State Department of Social Services is required to allocate funds to a county that meets certain criteria for the purpose of funding these housing supports. This bill would authorize a county to continue to provide housing supports to a person who has been discontinued from CalWORKs because he or she no longer meets specified income eligibility requirements. (8) Existing law groups families into assistance units for purposes of determining eligibility and computing the amount of aid payment under CalWORKs. Existing law requires, as a condition of eligibility for assistance under the CalWORKs program, the applicant or recipient to assign to the county any rights to support from any other person the applicant or recipient may have on his or her own behalf, or on behalf of any other family member for whom the applicant or recipient is applying for or receiving aid, only with respect to support that accrues during the period of time that the applicant is receiving assistance under the program, and to cooperate with efforts to establish paternity of a child of the applicant and to establish, modify, or enforce a support order, as specified. Existing law also requires sanctions to be imposed if an individual fails to comply with program requirements. This bill would exempt applicants for or recipients of CalWORKs benefits from the requirements that they assign to the county any rights to support, and that they cooperate with efforts to establish paternity of a child of the applicant and to establish, modify, or enforce a support order, if all eligible adults in the assistance unit have been subject to sanctions for at least 12 consecutive months for failing to comply with CalWORKs requirements. By imposing additional administrative duties on local officers, the bill would impose a state-mandated local program. (9) Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Under existing law, a child is eligible for AFDC-FC if he or she is placed in the approved home of a relative and is otherwise eligible for federal financial participation in the AFDC-FC payment, as specified. Existing law establishes the Approved Relative Caregiver Funding Option Program, in counties that choose to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. Existing law requires counties to pay an approved relative caregiver a per child per month rate in this case if the county has opted in and the child placed in the home meets specified requirements. Existing law appropriates for these purposes $30,000,000 from the General Fund each calendar year, as cumulatively adjusted annually by the California Necessities Index (CNI) , as specified. This bill would provide that a child eligible for the Approved Relative Caregiver Funding Option Program shall not be subject to certain requirements of CalWORKs, except as specified. This bill would require, among other things, that any income or benefit received by an eligible child or an approved relative caregiver on behalf of the eligible child that would be offset against the basic rate paid to a foster care provider, as specified, be offset from any funds, other than CalWORKs funds, paid to the approved relative caregiver, and would require counties to recoup overpayment in the program using the standards and processes for overpayment recoupment that are applicable to overpayments to an approved home of a relative, as specified. The bill would revise the funding provisions for the Approved Relative Caregiver Funding Option Program, including appropriating from the General Fund the sum of $15,000,000 for the period of January 1, 2015, to June 30, 2015, inclusive, and the amount of $30,000,000, with specified adjustments, for the period of July 1, 2015 to June 30, 2016, inclusive. For every 12-month period thereafter, the bill would require an amount calculated pursuant to a specified formula to be appropriated to fund the Approved Relative Caregiver Funding Option Program, as prescribed. (10) Existing federal law, the Homeland Security Act of 2002, empowers the Director of the Office of Refugee Resettlement of the United States Department of Health and Human Services with functions under the immigration laws of the United States with respect to the care of unaccompanied alien children, as defined, including, but not limited to, coordinating and implementing the care and placement of unaccompanied alien children who are in federal custody by reason of their immigration status, including developing a plan to be submitted to Congress on how to ensure that qualified and independent legal counsel is timely appointed to represent the interests of each child, as provided. Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state. Existing law requires that the contracts awarded meet certain conditions. Existing policy of the United States Department of Homeland Security, Deferred Action for Childhood Arrivals (DACA) , and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) , provides that certain persons who do not have legal status in the United States and who meet specified guidelines may apply for deferred action on removal from the United States, as specified. Commencing January 1, 2016, this bill would require the State Department of Social Services, subject to the availability of funding, to provide grants to qualified organizations, as specified, to be used to provide persons living in California with specified services, including services to assist with the application process for initial or renewal requests of deferred action under the DACA and DAPA policies, and to provide legal training and technical assistance to other qualified organizations. The bill would also require the department, subject to the availability of funding, to provide grants to qualified organizations to provide free education and outreach information, services, and materials about DACA, DAPA, naturalization, or other immigration remedies. The bill would require the department to update the Legislature in the course of budget hearings on specified information, including the timelines for implementation of these provisions and the participating organizations awarded contracts or grants. (11) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, and under which qualified low-income persons receive health care services. Existing law requires the Department of Child Support Services to provide payments to the local child support agency of $50 per case for obtaining 3rd-party health coverage or insurance of Medi-Cal beneficiaries, to the extent that funds are appropriated in the Budget Act. Under existing law, these payments are suspended for the 2003–04 to 2014–15 fiscal years, inclusive. This bill would extend the suspension of the above-described payments to local child support agencies through the 2016–17 fiscal year. (12) Existing law requires each county welfare department to establish and support a system of protective services to elderly and dependent adults who may be subjected to neglect, abuse, or exploitation, or who are unable to protect their own interests. This bill would require the State Department of Social Services to establish one full-time position that reports to the director to assist counties with specified functions in the operation of their adult protective services system, including developing recommended program goals, performance measures, and outcomes for the system. (13) Existing law provides for the allocation of funds appropriated from the continuously appropriated Local Revenue Fund for the distribution of sales tax and motor vehicle license fee moneys to local agencies for the administration of various social service programs. The Local Revenue Fund is divided into various accounts and subaccounts, including the Vehicle License Fee Growth Account, the Sales Tax Growth Account, and the Sales Tax Account, which includes the Mental Health Subaccount, the Social Services Subaccount, and the Family Support Subaccount, among other subaccounts. This bill would, on and after August 1, 2015, add the County Medical Services Program Subaccount to the Sales Tax Account. The bill would create various new subaccounts in the Vehicle License Fee Account. The bill would also create the County Medical Services Program Growth Subaccount and the General Growth Subaccount in the Vehicle License Fee Growth Account. (14) Existing law provides for the deposit of sales tax proceeds from revenues deposited to the credit of the Local Revenue Fund into specified subaccounts of the Sales Tax Account. Existing law requires the Controller to deposit into the Sales Tax Growth Account certain remaining unallocated excess sales tax revenues. Existing law requires the Controller to transfer funds from the Social Services Subaccount to the Health Subaccount in an amount not to exceed one billion dollars in any fiscal year, as specified. This bill would, for the 2015–16 fiscal year, and each fiscal year thereafter, include the County Medical Services Program Subaccount among those subaccounts for deposit of sales tax proceeds, as specified, and would provide for the remaining unallocated excess sales tax revenues to be deposited after that allocation. The bill would restrict the one-billion-dollar limit for fund transfers between the Social Services Subaccount and the Health Subaccount to the 2014–15 fiscal year. The bill would also require the Controller to make monthly deposits of vehicle license fee proceeds, from revenues deposited to the credit of the Local Revenue Fund, to various subaccounts of the Vehicle License Fee Account. The bill would provide that any excess vehicle license fee revenues would be deposited in the Vehicle License Fee Growth Account of the Local Revenue Fund. (15) Existing law requires the Controller to deposit specified amounts to the County Medical Services Subaccount in lieu of depositing those amounts into the County Medical Services Program Account of the County Health Services Fund, upon request of the County Medical Services Program Governing Board. Existing law also provides for the allocation of funds to eligible jurisdictions with a poverty-population shortfall if deposits into certain subaccounts in the Sales Tax Growth Account are not sufficient to eliminate poverty-population shortfalls, as calculated by the Department of Finance. This bill would delete those provisions. (16) Existing law requires the Controller to allocate funds from the General Growth Subaccount in the Sales Tax Growth Account to the Mental Health Account of each county, city, or city and county based on a schedule provided by the Department of Finance, to allocate a specified percentage of the total General Growth Subaccount to the Health Account, and to allocate the remaining funds to the Child Poverty and Family Supplemental Support Subaccount in the Sales Tax Account. This bill would continue the allocation to the local Mental Health Accounts, but would instead require the Controller to allocate that specified percentage of the General Growth Subaccount to the health account of each county, city, or city and county based on a schedule provided by the Department of Finance, and to allocate the remaining funds to the family support account of each county or city and county, as specified. (17) Existing law requires a county or city, as a condition of the deposit of funds from the Sales Tax Account of the Local Revenue Fund into the local health and welfare trust fund account of that county or city, to deposit general purpose revenues into that account pursuant to a specified schedule, and to take additional financial actions, as specified. Similarly, a county, city, or city and county is required, as a condition of the deposit of Sales Tax Growth Account funds into the local health and welfare trust fund account, to deposit local matching funds into that account, as specified. This bill would delete those additional financial action and matching fund requirements. This bill would make related, conforming, and other technical changes. By revising the allocation of moneys that are continuously appropriated from the Local Revenue Fund, this bill would make an appropriation. (18) Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP) , known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law requires the State Department of Social Services to redetermine recipient eligibility and grant amounts under CalFresh on a semiannual basis, using prospective budgeting, and to prospectively determine the benefit amount that a recipient is entitled to receive for each month of the semiannual reporting period. Existing law requires counties, for individuals who are also Medi-Cal beneficiaries, to seek to align the timing of the semiannual reports with the reports required by the Medi-Cal program. This bill would make that requirement inapplicable to CalFresh households in which all adult members are elderly or disabled members, as defined, and in which the household has no earned income. This bill would also state the intent of the Legislature to eliminate change reporting, as defined, and to assign certification periods for CalFresh households that are the maximum allowed under federal law. (19) Existing law requires the State Department of Social Services to implement an intensive treatment foster care program in each county that applies for and receives the department's approval for an intensive treatment foster care program rate. Existing law establishes a standard rate schedule of service and rate levels and, until June 30, 2015, an interim schedule of modified service and rate levels. Existing law requires counties and cities and counties to pay 100% of the nonfederal costs of these intensive foster care programs. This bill would extend the operation of the interim schedule of modified service and rate levels until December 31, 2016. The bill would also require that the amount paid to a certified foster parent under an intensive treatment foster care program be adjusted on July 1, 2015, and on July 1, 2016, by an amount equal to the California Necessities Index. To the extent that this bill would increase the cost to counties and cities and counties of these intensive treatment foster care programs, this bill would impose a state-mandated local program. (20) The bill would authorize the State Department of Social Services to implement specified provisions of the bill through all-county letters or similar instructions and would require the department to adopt emergency regulations implementing these provisions no later than January 1, 2017. (21) 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. (22) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
passed · California · Assembly Sep 11, 2015

AB 107: Personal income taxes: earned income credit.

The Personal Income Tax Law allows various credits against the taxes imposed by that law, including certain credits that are allowed in modified conformity to credits allowed by federal income tax laws. Federal income tax laws allow a refundable earned income tax credit for certain low-income individuals who have earned income and who meet certain other requirements. This bill, for taxable years beginning on or after January 1, 2015, in modified conformity with federal income tax laws, would allow an earned income credit against personal income tax, and a payment in excess of that amount, to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law as determined by the earned income tax credit adjustment factor as set forth in the annual Budget Act. Existing law requires any bill authorizing a new personal income tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements, as provided. To measure whether the earned income credit achieves its intended purpose, this bill would require the Franchise Tax Board to annually prepare a specified written report and to provide that report to specified legislative committees. Existing law establishes the continuously appropriated Tax Relief and Refund Account, and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account. By authorizing new payments from that account for amounts in excess of personal income tax liabilities, this bill would make an appropriation. The Personal Income Tax Law imposes taxes based upon taxable income and also imposes interest and penalties with regard to those taxes under specified circumstances, including a penalty for the underpayment of estimated tax. Existing law provides no addition to tax shall be imposed to the extent that the underpayment was created or increased by any law that is chaptered during and operative for the taxable year of the underpayment. This bill would provide that addition to tax shall not be imposed if the applicable percentage for the earned income tax credit for the taxable year was less than the applicable percentage for that credit for the preceding taxable year and would impose a penalty, in conformity with federal law, for failure to be diligent in determining eligibility for the earned income tax credit, as specified. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
passed · California · Assembly Sep 11, 2015

AB 115: Water.

(1) Existing law, the California Safe Drinking Water Act, provides for the operation of public water systems, and imposes on the State Water Resources Control Board various responsibilities and duties. Existing law requires the state board to conduct research, studies, and demonstration projects relating to the provision of a dependable, safe supply of drinking water, to adopt regulations to implement the California Safe Drinking Water Act, and to enforce provisions of the federal Safe Drinking Water Act. Existing law prohibits a person from operating a public water system unless the person first submits an application to the state board and receives a permit issued by the state board, as specified. This bill would authorize the state board to order consolidation with a receiving water system where a public water system, or a state small water system within a disadvantaged community, consistently fails to provide an adequate supply of safe drinking water. This bill would authorize the state board to order the extension of service to an area that does not have access to an adequate supply of safe drinking water so long as the extension of service is an interim extension of service in preparation for consolidation. The bill would require the state board, prior to ordering consolidation or extension of service, to conduct an initial public meeting and a public hearing and to make specified findings. The bill would limit the liability of a consolidated water system, wholesaler, or any other agency in the chain of distribution that delivers water to a consolidated water system, as specified. (2) Existing law, the California Environmental Quality Act (CEQA) , requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts certain projects from its requirements. This bill would, until January 1, 2017, or a specified date, whichever is earlier, exempt from CEQA certain groundwater replenishment projects. This bill would, until July 1, 2017, exempt from CEQA the development and approval of building standards by state agencies for recycled water systems. This bill would, with specified exceptions and until July 1, 2017, or a specified date, whichever is later, exempt from CEQA the adoption of an ordinance to impose stricter conditions on the issuance of well permits or changes in the intensity of land use that would increase demand on groundwater. (3) The California Constitution declares that the general welfare of the state requires that the water resources of the state be put to beneficial use to the fullest extent of which they are capable, and that the right to the use of water does not extend to the waste or unreasonable use, method of use, or method of diversion of water. Existing law requires the state board to take all appropriate proceedings or actions to prevent waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion of water in this state. Existing law states the intent of the Legislature that the state take vigorous action to enforce the terms and conditions of permits, licenses, certifications, and registrations to appropriate water, to enforce state board orders and decisions, and to prevent the unlawful diversion of water. This bill would, commencing January 1, 2016, require a person who diverts 10 acre-feet of water per year or more under a permit or license to install and maintain a device or employ a method capable of measuring the rate of direct diversion, rate of collection to storage, and rate of withdrawal or release from storage, as specified, and with certain exceptions. This bill would require the permittee or licensee to maintain a record of all diversion monitoring and the total amount of water diverted and submit these records to the state board, as prescribed. This bill would require a person who diverts water under a registration, permit, or license to report to the state board, at least annually. This bill would authorize the state board to adopt regulations requiring measurement and reporting of water diversion and use by specified persons and would require that the initial regulations be adopted as emergency regulations and that these emergency regulations remain in effect until revised by the state board. This bill would exempt from CEQA the adoption of the initial regulations by the state board. (4) Existing law authorizes a person or entity in violation of a term or condition of a permit, license, certificate, or registration issued by, an order adopted by, or certain emergency regulations adopted by, the state board to be civilly liable for an amount not to exceed $500 for each day in which the violation occurs. This bill would expand this civil liability to any violation of any regulation adopted by the state board. Existing law makes this civil liability applicable only in a critically dry year immediately preceded by 2 or more consecutive below normal, dry, or critically dry years or during a period for which the Governor has issued a proclamation of a state of emergency based on drought conditions. This bill would eliminate this requirement. (5) Existing law, with certain exceptions, requires each person who diverts water after December 31, 1965, to file with the state board a statement of diversion and use, and to include specified information. Existing law requires supplemental statements of diversion and use to be filed at 3-year intervals prior to July 1 of the year next succeeding the end of each interval, and requires, if there is a change in the name or address of the person diverting water, a supplemental statement be filed with the state board that includes the change. Existing law provides that the making of a material misstatement in connection with these provisions is a misdemeanor punishable as prescribed. This bill would require supplemental statements of diversion and use to be filed annually prior to July 1, as provided. By expanding the definition of a crime, this bill would impose a state-mandated local program. Existing law requires each statement of diversion and use, on and after January 1, 2012, to include monthly records of water diversions using best available technologies and best professional practices. Existing law prohibits this requirement from being construed to require the implementation of technologies or practices by a person who provides to the state board documentation demonstrating that the implementation of those practices is not locally cost effective. This bill would require each statement to include at least monthly records of water diversions and would eliminate the above-described prohibition. (6) Under existing law, emergency regulations of the state board are not subject to review by the Office of Administrative Law if the state board adopts findings that the emergency regulations are adopted to prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water to promote wastewater reclamation, or to promote water conservation, and that the emergency regulations are adopted in response to conditions which exist, or are threatened, in a critically dry year immediately preceded by 2 or more consecutive dry or critically dry years. Under existing law, a person who violates an emergency regulation adopted by the state board pursuant to these provisions or violates certain cease and desist orders relating to the enforcement of water rights may be liable for specified amounts. Revenues generated from these penalties are deposited into the Water Rights Fund, which are available, upon appropriation, for specified purposes. This bill would require that a civil liability imposed for a violation of an emergency conservation regulation, as defined, that is adopted pursuant to these provisions, or a violation of a cease and desist order of that emergency conservation regulation, be deposited, and separately accounted for, in the Water Rights Fund. The bill would require those funds to be available, upon appropriation by the Legislature, for water conservation activities and programs. (7) Existing law authorizes any public entity, as defined, that supplies water at retail or wholesale for the benefit of persons within the service area or area of jurisdiction of the public entity to, by ordinance or resolution, adopt and enforce a water conservation program to reduce the quantity of water used for the purpose of conserving the water supplies of the public entity. Existing law provides that a violation of a requirement of a water conservation program is a misdemeanor punishable by imprisonment in the county jail for not more than 30 days, or by fine not exceeding $1,000, or both. This bill would provide that a court or public entity may hold a person civilly liable in an amount not to exceed $10,000 for a violation of a water conservation program ordinance or resolution, or certain emergency regulations adopted by the state board. This bill would prohibit the civil liability assessed by a court or public entity for the first violation by a residential water user from exceeding $1,000, except as specified. This bill would provide that commencing on the 31st day after the public entity has notified the person of the violation, the person additionally may be civilly liable for an amount not to exceed $10,000 plus $500 for each additional day on which the violation continues. This bill would require civil liability imposed pursuant to these provisions to be paid to the public entity and to be expended solely for the purposes of the water conservation program. In addition to these remedies, this bill would authorize a public entity to enforce water use limitations by a volumetric penalty in an amount established by the public entity. (8) Existing law, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program. The act requires each state agency that receives an appropriation from the funding made available by the act to administer a competitive grant or loan program under the act's provisions to develop and adopt project solicitation and evaluation guidelines before disbursing the grants or loans. The act requires the Secretary of the Natural Resources Agency to publish and post on the Natural Resources Agency's Internet Web site a list of expenditures pursuant to the act not less than annually, as prescribed, and to post on that Internet Web site the guidelines submitted by state agencies and the secretary's verification that the guidelines are consistent with applicable statutes and the purposes of the act. This bill would require the secretary to post on the Natural Resources Agency's Internet Web site information on changes to project timelines and project spending, in order to facilitate oversight of funding and projects. The act requires each state agency that receives an appropriation of funding made available by the act to be responsible for establishing metrics of success and reporting the status of projects and all uses of the funding on the state's bond accountability Internet Web site. This bill would require each state agency that receives an appropriation of funding made available by the act to evaluate the outcomes of projects, report this evaluation on the state's bond accountability Internet Web site, and to hold a grantee of funds accountable for completing projects funded by the act on time and within scope. (9) The bond act provides that the sum of $810,000,000 is to be available, upon appropriation by the Legislature, for expenditures on, and competitive grants and loans to, projects that are included in and implemented in an adopted integrated regional water management plan and respond to climate change and contribute to regional water security. The bond act authorizes the use of $100,000,000 of those funds for direct expenditures, and for grants and loans, for certain water conservation and water use efficiency plans, projects, and programs. Existing law establishes the CalConserve Water Use Efficiency Revolving Fund and provides that the moneys in the fund are available to the Department of Water Resources, upon appropriation by the Legislature, for the purpose of water use efficiency projects. Existing law requires moneys in the fund to be used for purposes that include, but are not limited to, at or below market interest rate loans to local agencies, as defined, and permits the department to enter into agreements with local agencies that provide water or recycled water service to provide loans. Existing law transferred to the fund the sum of $10,000,000 of the proceeds of these bonds for water conservation and water use efficiency projects and programs to achieve urban water use targets. Existing law requires the department to use $5,000,000 for a pilot project for local agencies to provide water efficiency upgrades to eligible residents and requires the department to use the other $5,000,000 for local agencies to provide low-interest loans to customers to finance the installation of onsite improvements to repair or replace, as necessary, cracked or leaking water pipes to conserve water. This bill would appropriate the sum of $10,000,000 available in the fund from the proceeds of the bond act for the purpose of these provisions. (10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (11) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
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