California Bills

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

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

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

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

(1) Existing law provides for the attendance of apprentices at local educational agencies, defined to mean a school district or county office of education, and community colleges under vocational education program standards that are established with the participation of the State Department of Education, the Chancellor of the California Community Colleges, and the Division of Apprenticeship Standards of the Department of Industrial Relations. Existing law requires the chancellor to allocate the hours for instruction related and supplemental to on-the-job training, to be paid from funds appropriated by the Legislature directly to participating local educational agencies and community colleges that contract with apprenticeship programs. This bill would require the chancellor to notify participating local educational agencies and community colleges of the initial allocation of related and supplemental hours within 30 days of the enactment of the annual Budget Act. The bill would require the chancellor to report certain information relating to allocated hours to the California Apprenticeship Council within 30 days of each apportionment period for each participating local educational agency and community college. (2) Existing law authorizes various career technical education programs, including regional occupational centers and programs, specialized secondary programs, partnership academies, and agricultural career technical education programs. The bill would authorize the Superintendent of Public Instruction to certify, by name, each regional occupational center or program, county office of education, or adult education program that provides a program of training to prepare adult students for gainful employment in a recognized occupation, to legally authorize the center, program, or office to provide an educational program beyond secondary education, as specified. (3) Existing law exempts certain students of the California State University and the California Community Colleges from paying nonresident tuition. This bill would provide that, effective for academic terms beginning after July 1, 2015, a student enrolled at a campus of the California Community Colleges or the California State University who resides in California, meets the definition of "covered individual" under a specified federal statute, and is eligible for education benefits under either of 2 specified federal "GI Bill" programs, is exempt from paying nonresident tuition and any other fees exclusively applicable to nonresident students at that campus. The bill would provide that a student who qualifies under this bill for an exemption from paying nonresident tuition and other fees exclusively applicable to nonresident students would be exempt from paying nonresident tuition and these other fees for each academic term for which he or she enrolls while he or she is continuously enrolled, as defined, at the campus he or she attends. To the extent that this provision would create new duties for community college districts, it would constitute a state-mandated local program. The bill would authorize a community college district to report the attendance of a student who is exempt from nonresident tuition and other fees under this bill for apportionment purposes. (4) The Cal Grant Program establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. Existing law establishes the maximum tuition award amount for each Cal Grant A and B award for new recipient students attending private nonprofit postsecondary educational institutions at $9,084 for the 2014–15 award year and $8,056 for the 2015–16 award year and each award year thereafter. This bill would increase the maximum tuition award amount for Cal Grant A and B for new recipients at private nonprofit postsecondary educational institutions to $9,084 for the 2015–16 and 2016–17 award year. (5) Under existing law, the Cal Grant Program requires, among other things, that a total of 22,500 Competitive Cal Grant A and B awards be granted annually. This bill would instead, commencing with the 2015–16 academic year, require that a total of 25,750 Competitive Cal Grant A and B awards be granted annually. The bill would also make conforming changes and delete an obsolete provision. (6) Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs available to students attending all segments of postsecondary education. The programs administered by the commission include the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program and the Middle Class Scholarship Program. The Middle Class Scholarship Program provides that, subject to an available and sufficient appropriation, commencing with the 2014–15 academic year, an undergraduate student enrolled at the University of California or the California State University, and meeting certain requirements, is eligible for a scholarship award that, combined with other federal, state, and institutionally administered grants and fee waivers, is for an amount of up to 40% of the systemwide tuition and fees. Under existing law, a student receiving an award under the Middle Class Scholarship Program is required to have an annual household income that does not exceed $150,000, satisfy specified requirements for a Cal Grant award, be a California resident or exempt from paying nonresident tuition, file specified financial aid forms, timely apply for publicly funded student financial aid for which he or she is eligible, maintain at least a 2.0 grade point average, be pursuing his or her first undergraduate baccalaureate degree or be enrolled in a specified professional teacher preparation program, and be enrolled at least parttime. This bill would require that a student meet these requirements each academic year, to the satisfaction of the commission, to be eligible for an award under the Middle Class Scholarship Program. The bill would provide that $150,000 maximum annual household income amount would be adjusted, beginning in 2016–17 academic year, for changes in the cost of living, as defined. The bill, beginning with awards distributed for the 2015–16 academic year, would prohibit a student from receiving an award under the program if that student's household asset level exceeds $150,000, as adjusted, beginning in the 2016–17 academic year, for changes in the cost of living. The bill would provide that a scholarship awarded under the Middle Class Scholarship Program can be renewed, as specified. (7) Existing law requires specified amounts to be transferred, upon order of the Director of Finance, from the General Fund to the Middle Class Scholarship Fund each fiscal year commencing with the 2014–15 fiscal year. Existing law appropriates these funds to the Student Aid Commission for allocation pursuant to the Middle Class Scholarship Program. Existing law provides that, upon order of the Director of Finance, if the May Revision projects a deficit for the next fiscal year, the amounts specified for transfer may be reduced by up to 33% and, beginning with the 2016–17 fiscal year, and each year thereafter, to an amount greater than or equal to $200,000,000. This bill would reduce the amounts specified for transfer to the Middle Class Scholarship Fund for the 2015–16, 2016–17, and 2017–18 fiscal years from $152,000,000 to $82,000,000, from $228,000,000 to $116,000,000, and from $305,000,000 to $159,000,000, respectively, subject to a further 33% reduction as specified above, and would express the Legislature's intent that any savings realized in this regard be used to support higher education. (8) This bill would require funds appropriated to the board of governors for the Foster Care Education Program to be used for foster parent and relative/kinship care provider education, as specified. (9) Existing law establishes various student equity-related programs, including the Student Success and Basic Skills Students program, the Student Financial Aid Administration program, the Student Success and Support Program, and the Telecommunications and Technology Infrastructure program. This bill would require the Chancellor of the California Community Colleges to submit reports to the Department of Finance and the Legislature, by December 31 of each fiscal year, on the use of funds appropriated in the Budget Act for the prior fiscal year for the Student Success and Basic Skills Students program, the Student Financial Aid Administration program, the technical assistance provided to community college districts pursuant to the Student Success and Support Program, and the Telecommunications and Technology Infrastructure program, as specified. (10) Existing law requires the Board of Governors of the California Community Colleges to develop criteria and standards, in accordance with specified statewide minimum requirements, for the purposes of making the annual budget request for the California Community Colleges to the Governor and the Legislature, and allocating state general apportionment revenues. Those statewide minimum requirements include, among other things, a requirement that the calculations of each community college district's revenue level for each fiscal year be based on specified criteria, with revenue adjustments being made for increases or decreases in attendance and for other specified reasons. This bill, if the annual budget act identifies funds appropriated to do so, would require the chancellor to adjust the budget request formula, as specified. (11) The Schools and Local Public Safety Protection Act of 2012, an initiative measure approved by the voters at the November 6, 2012, statewide general election, among other things, increased certain tax rates and deposited the revenues from those increases in tax into the Education Protection Account. The act provides that all moneys in the Education Protection Account are continuously appropriated for the support of school districts, county offices of education, charter schools, and community college districts, and requires 11% of the moneys appropriated to be allocated quarterly by the Board of Governors of the California Community Colleges to community college districts to provide general purpose funding to community college districts, as specified. The act requires that allocation to be offset by certain amounts, provided that no community college district receives less than $100 per full-time equivalent student. This bill would require an amount to be determined by the Director of Finance to be appropriated, on or before June 30 of each fiscal year, from the General Fund to the Board of Governors of the California Community Colleges if the revenues distributed to community college districts that are intended to offset the Education Protection Account allocation are less than the estimated amount reflected in the Budget Act for that year. If the revenues distributed to community college districts that are intended to offset the Education Protection Account allocation exceed the estimated amount reflected in the Budget Act for that fiscal year, the bill would require the Director of Finance to reduce a specified item of that Budget Act that appropriates funds to the board of governors by the excess amount. (12) This bill would require an amount to be determined by the Director of Finance to be appropriated, on or before June 30 of each fiscal year from the General Fund to the Board of Governors of the California Community Colleges if specified redevelopment-related revenues distributed to community college districts are less than the estimated amount reflected in the Budget Act for that fiscal year. If the specified redevelopment-related revenues distributed to community college districts exceed the estimated amount reflected in the Budget Act for that fiscal year, the bill would require the Director of Finance to reduce a specified item of that Budget Act that appropriates funds to the board of governors by the excess amount. (13) Existing law, until June 30, 2015, establishes the Career Technical Education Pathways Program, which requires the Chancellor of the California Community Colleges and the Superintendent of Public Instruction to assist economic and workforce regional development centers and consortia, community colleges, middle schools, high schools, and regional occupational centers and programs to improve linkages and career technical education pathways between high schools and community colleges, as specified. This bill would continue the operation of the program until July 1, 2016, and would appropriate $48,000,000 for the support of the program. (14) 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 authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. This bill would establish a financial and professional development grant funding program, which would authorize the governing board of a community college district to apply to the Chancellor of the California Community Colleges for, and would require the chancellor to distribute, multiyear financial and professional development grant funding upon appropriation of funds for that purpose for community colleges within the district to adopt or expand the use of evidence-based models of academic assessment and placement, remediation, and student support that accelerate the progress of underprepared students toward achieving postsecondary educational and career goals. The bill would require community colleges that receive these grants to report specified information to the chancellor's office on program outcomes. The bill would make the chancellor's office responsible for administering the grant program and distributing and monitoring awards to recipient community college districts, developing application criteria, administrative guidelines, and other requirements for purposes of administering the grant program, and providing the information submitted by community college districts to the Legislative Analyst's Office. The bill would require the Legislative Analyst's Office to report to the Legislature on the progress of the grant program in achieving its prescribed purpose, as specified. This bill would appropriate the sum of $60,000,000 from the General Fund to the Chancellor of the California Community Colleges for allocation to community college districts under the financial grant and professional development funding program described above. (15) Under existing law, the Board of Governors of the California Community Colleges appoints a Chancellor of the California Community Colleges to serve as the chief executive officer of the segment. This bill would require the chancellor to solicit, from community college districts that choose to apply for a grant under this bill, applications seeking funding for plans to provide instruction in basic skills to students enrolled, or who will enroll at, California State University campuses. The bill would specify information that would be included in these applications. The bill would require the chancellor to award grants of $2,000,000 each to 5 of the applicant community college districts in accordance with specified criteria. The bill would require, no later than April 1, 2017, that, based on specified data provided by the districts that received the grants, the chancellor, following consultation with the Chancellor of the California State University, report to the Legislature, the Legislative Analyst's Office, and the Department of Finance on the effectiveness of the plans in delivering instruction in basic skills to the targeted students. The bill would appropriate $10,000,000 from the General Fund to the Chancellor of the California Community Colleges for allocation to community college districts under the bill. (16) Existing law authorizes the California State University to pledge its annual General Fund support appropriation, less certain amounts, to secure the payment of its debt obligations issued by the trustees pursuant to the State University Revenue Bond Act of 1947. Existing law authorizes the California State University to fund debt service for capital expenditures, as defined, from its General Fund support appropriation, as specified. Existing law prohibits the California State University from using its General Fund support appropriation to fund certain capital expenditures and certain capital outlay projects before obtaining approval from the Department of Finance pursuant to specified procedures. Under existing law, if the California State University plans to use any of its support appropriation in the annual budget for the subsequent fiscal year for certain capital expenditures or for certain capital outlay projects, the California State University is required to simultaneously submit, on or before September 1, 10 months before the commencement of that fiscal year, a report to specified committees of the Legislature and the Department of Finance. This bill instead would require the California State University, if the university plans to use any authorized moneys for the subsequent fiscal year for those capital expenditures or capital outlay projects, to simultaneously submit, on or before September 1, 10 months before the commencement of that fiscal year, a preliminary report to specified committees and subcommittees of the Legislature and the Department of Finance. The bill would require the California State University to submit a final report, on or before December 1, to those same entities, as specified. This bill would, commencing with the 2014–15 fiscal year, authorize the California State University to use its support appropriation in the annual budget for the capital expenditures and capital outlay projects identified in the resolution approved by the Trustees of the California State University on January 28, 2015, titled "Approval to Issue Trustees of the California State University, Systemwide Revenue Bonds and Related Debt Instruments for Systemwide Infrastructure Improvement Projects (RFIN 01-15-04) ," thereby making an appropriation. This bill would, commencing with the 2015–16 fiscal year, authorize the California State University to use its support appropriation in the annual budget for the capital expenditures and capital outlay projects identified in the "2015–2016 CSU/State Funded Capital Outlay Program" referenced in the resolution approved by the Trustees of the California State University on November 13, 2014, titled "Approval of the 2015–2016 Capital Outlay Program and the 2015–2016 through 2019–2020 Five-Year Capital Improvement Program (RCPBG 11-14-17) ." (17) Under existing law, the University of California is established, under the administration of the Regents of the University of California, as one of the segments of public postsecondary education in this state. The University of California provides instruction to students at campuses in Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz. Existing law authorizes the University of California to issue revenue bonds, secured by a specified pledge of revenues. Existing law authorizes the University of California to pledge its annual General Fund support appropriation, less certain amounts, to secure the payment of its general revenue bonds or commercial paper associated with the general revenue bond program. Existing law authorizes the University of California to fund debt service for capital expenditures, as defined, from its General Fund support appropriation, as specified. This bill would authorize the University of California to also pledge its annual General Fund support appropriation to secure payment for availability payments, as defined, lease payments, installment payments, and other similar or related payments. The bill would authorize the university to make availability payments, lease payments, installment payments, and other similar or related payments from its annual General Fund support appropriation, as specified. The bill would, for capital expenditures related to the Merced 2020 Project, provide that the University of California may proceed with capital expenditures or capital outlay projects only if all work traditionally performed by persons with University of California Service Unit (SX) job classifications is performed only by employees of the University of California. The bill would also make conforming changes. (18) Existing law, the California Private Postsecondary Education Act of 2009, provides, among other things, for student protections and regulatory oversight of private postsecondary institutions in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. The act exempts specified institutions, including an independent institution of higher education that is accredited by the Accrediting Commission for Senior Colleges and Universities, Western Association of Schools and Colleges, or the Accrediting Commission for Community and Junior Colleges, Western Association of Schools and Colleges, from its provisions, and is repealed on January 1, 2017. This bill would, among other things, authorize an independent institution of higher education that is exempt from the act as accredited by one of these accrediting agencies to execute a contract with the bureau for the bureau to review and, as appropriate, act on complaints concerning the institution. (19) Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes the Cal Grant A and B Entitlement awards, the California Community College Transfer Cal Grant Entitlement awards, the Competitive Cal Grant A and B awards, the Cal Grant C awards, and the Cal Grant T awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. Under the Cal Grant B Entitlement Program, awards may be made for access costs, defined as living expenses and expenses for transportation, supplies, and books, in an amount not to exceed $1,551 annually, as adjusted in the annual Budget Act. Existing law requires the Treasurer to certify the amount of moneys available in an academic year from the College Access Tax Credit Fund for distribution, and provides that an amount determined by the Student Aid Commission is available for expenditure from this fund, upon appropriation to the commission by the Legislature in the annual Budget Act, for distribution to students to supplement Cal Grant B access cost awards to bring those students' total annual awards for access costs to not more than $5,000, and for the commission's related administrative costs. This bill would instead provide that the moneys deposited in the College Access Tax Credit Fund would be continuously appropriated to the commission for the purpose of making those awards. (20) The Personal Income Tax Law and the Corporation Tax Law, for taxable years beginning on or after January 1, 2014, and before January 1, 2017, allow a credit equal to a certain percentage of a contribution to the College Access Tax Credit Fund for specified education purposes, as provided. Existing law specifies that the aggregate amount of credit that may be allocated under both laws shall not exceed $500,000,000 for each calendar year, as specified, and requires the California Educational Facilities Authority to perform certain duties with regard to allocating and certifying the tax credits allowed under these provisions. Existing state constitutional law governing insurance taxation imposes an annual tax on the gross premiums of an insurer, as defined, doing business in this state at specified rates. This bill, for taxable years beginning on or after January 1, 2017, and before January 1, 2018, would establish similar credits under the Personal Income Tax Law, the Corporation Tax Law, and the law governing insurance taxation, which would allow a credit equal to a certain percentage of a contribution to the College Access Tax Credit Fund. The bill would limit the aggregate amount of these new credits to be allocated from exceeding a total of $500,000,000 for that year, as specified, and would require the California Educational Facilities Authority to perform certain duties in order to allocate and certify these new credits. (21) The Personal Income Tax Law and the Corporation Tax Law provide for an alternative minimum tax and provide that, except for specified credits, no credit shall reduce the regular tax, as defined, below the tentative minimum tax. Existing state constitutional law prohibits the Legislature from making any gift, or authorizing the making of any gift, of any public money or thing of value to any individual, municipal or other corporation. This bill, for taxable years beginning on or after January 1, 2014, would add to those specified credits, the credit for contributions to the College Access Tax Credit Fund and would make legislative findings and declarations regarding the statewide public purpose served by these provisions. (22) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the 3 segments of public postsecondary education in this state. The Master Plan for Higher Education in California, originally prepared in 1959, set forth, among other things, the basic goals and functions of these segments. This bill would require the Legislative Analyst's Office to conduct a study, including specified analyses, to assess the need for new campuses of the California State University or the University of California. The bill would require these 2 segments to provide data needed by the Legislative Analyst's Office to meet the requirements of this bill upon that office's request. The bill would require the Legislative Analyst's Office to submit to the Legislature and the Department of Finance: a report relating to the California State University and containing the data and analysis required by the bill on or before January 1, 2017; and a report relating to the University of California and containing the data and analysis required by the bill on or before January 1, 2018. (23) The Budget Act of 2012 appropriated $4,750,000 from the 2006 University Capital Outlay Bond Fund for a classroom and academic office building on the campus of the University of California, Merced. The Budget Act of 2013 authorized moneys appropriated to the University of California from the General Fund to be used to fund the construction phase of that classroom and academic office building. This bill would authorize the University of California to use any project savings from the 2012 appropriation referenced above for the construction phase of the classroom and academic office building at the University of California, Merced. The bill would also provide that the unencumbered balance of the funds appropriated for that building in the 2012 appropriation referenced above would be available for encumbrance until June 30, 2016. These provisions would constitute an appropriation. (24) This bill would appropriate the sum of $48,000,000 from the General Fund to the Chancellor of the California Community Colleges for allocation to community college districts to provide funding for specified purposes relating to facilities, hazardous substances response, architectural barrier removal, seismic retrofit projects, instructional equipment and library materials, and water conservation projects, as specified. The bill would require the chancellor to allocate funds to community college districts on the basis of actual reported full-time equivalent students, except as provided. The bill would authorize the chancellor to establish guidelines for the use of the moneys allocated. (25) Existing law authorizes the Board of Governors of the California Community Colleges, in consultation with the California State University and the University of California, to establish a statewide baccalaureate degree pilot program at not more than 15 community college districts, with one baccalaureate degree program each, to be determined by the Chancellor of the California Community Colleges and approved by the board of governors. This bill would appropriate the sum of $6,000,000 from the General Fund to the Chancellor of the California Community Colleges for allocation to community college districts to support the implementation of the baccalaureate degree pilot program. The bill would authorize the use of these funds to support professional development activities. (26) This bill would appropriate the sum of $1,000,000 from the General Fund for use pursuant to legislation enacted in the first year of the 2015–16 Regular Session of the Legislature related to a study of those eligible for admission to the University of California and the California State University. (27) The Budget Act of 2014 made appropriations for the support of state government for the 2014–15 fiscal year. This bill would amend the Budget Act of 2014 by making an additional appropriation of $23,000,000 from the General Fund for the Awards for Innovation in Higher Education program. (28) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. (29) Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution, as specified. (30) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations, as defined. If the commission finds after a hearing that the rules, practices, equipment, appliances, facilities, or service of any public utility, or of the methods of manufacture, distribution, transmission, storage, or supply employed by the public utility, are unjust, unreasonable, unsafe, improper, inadequate, or insufficient, the Public Utilities Act requires that the commission determine and, by order or rule, fix the rules, practices, equipment, appliances, facilities, service, or methods to be observed, furnished, constructed, enforced, or employed. The Public Utilities Act requires the commission to prescribe rules for the performance of any service or the furnishing of any commodity of the character furnished or supplied by any public utility and, on proper demand and tender of rates, require the public utility to furnish the commodity or render the service within the time and upon the conditions provided in the rules adopted by the commission. This bill would, on and after the filing of an electrical corporation's or gas corporation's general rate case application, require that electrical corporation or gas corporation, except as provided, to utilize employees of that corporation for any work associated with the design, engineering, and operation of its nuclear, electrical, and gas infrastructure, including all computer and information technology systems, unless the utility files a request to contract to utilize persons who will replace those employees with the commission as a part of the utility's general rate case application. The bill would require that the request be a separate stand-alone section that is not embedded in the general requested staffing change proposals. The bill would require the utility to demonstrate that the work can be performed safely and securely, and without jeopardizing the security of its nuclear, electrical, and gas infrastructure. The bill would require the commission to evaluate the utility's proposal. The bill would require the commission to issue a written decision to approve or deny the request as part of the general rate case proceeding. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. Existing law provides for the transfer of housing assets and functions previously performed by the dissolved redevelopment agency to one of several specified public entities. Existing law authorizes the successor housing entity to designate the use of, and commit, proceeds from indebtedness that was issued for affordable housing purposes prior to January 1, 2011, and was backed by the Low and Moderate Income Housing Fund. This bill would instead authorize a successor housing entity to designate the use of, and commit, proceeds from indebtedness that was issued for affordable housing purposes prior to June 28, 2011, and would require the proceeds from bonds issued between January 1, 2011, and June 28, 2011, to be used only for projects meeting certain requirements established in this bill for projects, to be funded by successor agencies generally, from proceeds of bonds issued during the same period. Existing law authorizes the Department of Finance to issue a finding of completion to a successor agency that completes a due diligence review and meets other requirements. Upon receiving a finding of completion, a successor agency is authorized to expend excess bond proceeds derived from bonds issued on or before December 31, 2010, in a manner consistent with the original bond covenants. The bill would expand this authorization to include the expenditure of excess bond proceeds derived from bonds issued on or before June 28, 2011, and would require proceeds derived from bonds issued between January 1, 2011, and June 28, 2011, to be used by successor agencies only for projects meeting certain requirements. The bill would additionally require the refinance of bonds issued between January 1, 2011 and June 28, 2011, if proceeds derived from those bonds can be used for projects meeting specified criteria, as specified.

(1) The California Constitution provides for the delegation to the Fish and Game Commission of powers relating to the protection and propagation of fish and game. Existing statutory law delegates to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibia, and reptiles in accordance with prescribed laws. Under existing law, the Department of Fish and Wildlife exercises various functions with regard to the taking of fish and game. Under existing law, a city or county has no authority to regulate fish and game except that a city or county may adopt an ordinance that incidentally affects fishing and hunting for the protection of public health and safety. This bill would provide that the state fully occupies the field of the taking and possession of fish and game. The bill would provide that unless otherwise authorized by the Fish and Game Code, other state law, or federal law, the commission and the department are the only entities that may adopt or promulgate regulations regarding the taking or possession of fish and game on any lands or waters within the state. (2) Existing law requires the commission, when adopting certain regulations relating to the taking or possession of resident game birds, game mammals, and fur-bearing mammals, to consider populations, habitat, food supplies, the welfare of individual animals, and other pertinent facts and testimony. This bill would require the commission to consider these factors when adopting certain regulations relating to the taking or possession of fish, amphibians, and reptiles. The bill would also require the commission to consider public health and safety when adopting these regulations. (3) Existing law makes it unlawful for a person to intentionally discharge a firearm or release an arrow or crossbow bolt over or across a public road or other established way open to the public in an unsafe and reckless manner. Existing law makes a violation of this provision a misdemeanor. This bill would delete the "reckless" element from that provision. Because the bill would expand the definition of a crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law establishes the segments of the public postsecondary education system in the state, including the University of California administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, and the California Community Colleges administered by the Board of Governors of the California Community Colleges. Existing law provides that a student, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year, and who, if he or she is an alien without lawful immigration status, has filed an affidavit, as specified, is exempt from paying nonresident tuition at the California Community Colleges and the California State University. This bill would encourage the California Community Colleges, the California State University, and the University of California to designate a Dream Resource Liaison on each of their campuses, as specified, to assist certain students by streamlining access to all available financial aid and academic opportunities for those students. The bill would encourage the governing board of each school district and each county office of education that maintains any of grades 9 to 12, inclusive, to have a Dream Resource Liaison at each of their respective campuses that includes any of those grades. The bill would authorize Dream Resource Centers to offer support services, including, but not necessarily limited to, state and institutional financial aid assistance, academic counseling, peer support services, psychological counseling, referral services, and legal services. The bill would encourage each campus of the California Community Colleges and the California State University to ensure that it has a staff person designated as a Dream Resource Liaison who is knowledgeable in available financial aid, services, and academic opportunities for all students meeting specified requirements, including undocumented students. This bill would authorize the trustees, the board of governors, and the regents to seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in the creation and operation of Dream Resource Centers for their respective systems.