Sen. Loni Hancock

Existing law authorizes the State Energy Resources Conservation and Development Commission (Energy Commission) to designate transmission corridors and establishes various procedures for the designation. This bill would authorize the Energy Commission to designate an area as a sustainable energy zone suitable for the construction or operation of renewable energy projects, as defined, and would require the Energy Commission to identify zones where projects can be built that are consistent with the strategic plan for the state's electric transmission grid. The bill would require the Energy Commission, by January 1, 2012, to report to the Legislature regarding the designation of sustainable energy zones.

Existing law authorizes 2 or more public agencies, by agreement, to jointly exercise common powers. Existing law also establishes the San Francisco Bay Restoration Authority to raise and allocate resources for the restoration, enhancement, protection, and enjoyment of wetlands and wildlife habitats in the San Francisco Bay. This bill would establish, until January 1, 2030, the Bay Area Disaster Recovery Planning Council to create a long-term regional recovery plan, to be implemented before and after an earthquake or other disaster occurs in the bay area, by cooperating with various stakeholders in the bay area, including, but not limited to, the cities, counties, special districts, school districts, emergency managers, hospitals, members of the public, private businesses, and nongovernmental organizations. The bill would impose specific duties on the Association of Bay Area Governments, thereby imposing 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 requires the collection of fees for issuing marriage licenses and for confidential marriage licenses. Existing law requires the collection of a fee in addition to the basic fee for the issuance of a marriage license and for the issuance of an authorization for the performance of marriages without a license, in the amount of $23. Existing law requires the additional $23 fee to be collected by the county clerk for deposit into county domestic violence shelter-based programs special funds. Existing law requires fees collected in the special funds to be disbursed to approved domestic violence shelter-based programs that meet certain requirements on a yearly or more frequent basis. This bill would authorize a county board of supervisors to authorize an increase of the above-described fee from $23 to $33. Existing law provides that proposed or existing domestic violence shelter-based programs that meet the aforementioned requirements shall receive funding from the county domestic violence shelter-based programs special funds. This bill would, instead, provide that only existing domestic violence shelter-based programs that meet the requirements shall receive funding. Existing law allows specified local jurisdictions to retain fees received at the time of issuance of a marriage license in excess of the $23 fee. This bill would add Sonoma County as a jurisdiction to whom this provision applies. Existing law requires the money in the special funds to be disbursed using a request for qualification (RFQ) process. This bill would require the RFQ process to involve a determination of whether a domestic violence shelter-based program meets the aforementioned requirements. If a domestic violence shelter-based program meets those requirements, the bill would provide that the program has successfully completed the RFQ process. The bill would provide that an RFQ process shall not be construed to mean a competitive bidding process. Existing law authorizes a county to establish a program for reducing the incidence of domestic violence in the county by establishing or funding domestic violence shelter-based programs that meet the aforementioned requirements. Existing law authorizes geographically adjacent counties to combine their respective domestic violence shelter-based programs funds in order to establish one or more domestic violence shelter-based programs, in order to provide services to the clients of each county that combines its funds with another county. This bill would provide that a county may only fund a domestic violence shelter-based program that is located outside of the county if the funding county is funding all domestic violence shelter-based programs located within its borders that meet the aforementioned requirements and the program located outside of the funding county provides services to residents of the funding county.

Existing law establishes the Career Technical Education Facilities Program as a part of the Leroy F. Greene School Facilities Act of 1998 for the purpose of providing funding to qualifying local educational agencies for constructing new facilities or reconfiguring existing facilities, including purchasing equipment with an average useful life expectancy of at least 10 years, to enhance educational opportunities for pupils in existing high schools. This bill would require school facilities constructed or modernized with specified bond funds set aside for career technical education purposes to be used for career technical education purposes for a minimum of 5 years. The governing board of an applicant school district would be required to adopt a resolution stating the intent to use those facilities for career technical education purposes and provide certification regarding that use during the first year of occupation. The bill would authorize the governing board of a school district to seek a waiver of the career technical education use requirement from the State Allocation Board if the facility or educational program of the school district changes during the initial 5 years of use and would specify criteria by which to evaluate the waiver request. This bill would require the governing board of school districts with projects approved by the board, as specified, to meet the evaluation criteria. The bill would encourage school districts applying for a career technical education grant to include teachers of career technical education and members of the local career technical education advisory committee in the design and planning process. The bill would authorize up to 25% of the funds provided for equipment to be used for the purchase of items or equipment with a life expectancy of at least 5 years.

Existing law requires the adopted course of study for grades 1 to 6, inclusive, and for grades 7 to 12, inclusive, to offer courses in specified areas of study, including mathematics and science. This bill would set forth various findings and declarations of the Legislature relating to science, technology, engineering, and mathematics (STEM) education. The bill would define STEM education as courses or a sequence of courses that prepare pupils for occupations and careers that require technically sophisticated skills, including the application of mathematical and scientific skills and concepts, as specified, and would express the Legislature's intent that the Superintendent of Public Instruction allocate funds designated for STEM education consistent with the definitions set forth in the bill.

Existing law requires the governing board of each regional occupational center or program, on or before July 1, 2010, to ensure that at least 90% of all state-funded courses offered by the center or program, in occupational areas in which both the program or center and the community college offer instruction, are part of occupational course sequences that target comprehensive skills. Existing law additionally requires, as a condition of receiving federal funds provided under the Carl D. Perkins Vocational and Applied Technology Education Act of 1998, and to the extent permitted under federal law, that school districts, regional occupational centers or programs, and community college districts comply with specified requirements relating to the development of course sequences. This bill would additionally require, commencing with the 2012–13 fiscal year, as a condition of receiving federal funds provided under the Carl D. Perkins Vocational and Applied Technology Education Act of 1998, and to the extent permitted under federal law, that school districts, regional occupational centers or programs, and community college districts demonstrate that at least one-half of the course sequences offered are linked to high priority workforce needs in the career sectors identified by the Labor and Workforce Development Agency or the Labor Market Information Division of the Employment Development Department for the state of California, for the economic region established by the state where the regional occupational center or program, community college district, or school district is located, or for the county where the regional occupational center or program, community college district, or school district is located. The bill would encourage school districts, regional occupational centers or programs, and community college districts to work with local workforce investment boards and the Labor Market Information Division of the Employment Development Department in the identification of career sectors of high priority.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. Under existing law, children in juvenile facilities are ineligible to receive Medi-Cal benefits. This bill would, subject to the receipt of federal financial participation, provide that Medi-Cal benefits may be provided to individuals awaiting adjudication in county juvenile detention facilities if an individual is eligible to receive Medi-Cal benefits at the time he or she is admitted to the detention facility, or the individual is subsequently determined to be eligible for Medi-Cal benefits, and the county agrees to pay the state's share of Medi-Cal expenditures and the state's administrative costs for the above-described benefits. This bill would provide that the individual would have his or her Medi-Cal benefits continued until the date of the individual's adjudication. This bill would provide that the above-described provisions shall be implemented only if, to the extent that, and on the date that the department receives written confirmation from the federal Centers for Medicare and Medicaid Services that federal financial participation is available and the Director of Health Care Services executes a declaration stating that implementing the above-described provisions will not jeopardize federal funding, as specified. The bill would require the director to cease implementing the bill under prescribed circumstances.

Existing law requires the State Department of Public Health to provide breast cancer and cervical cancer screening services to eligible low-income individuals under a federal grant made under the federal Centers for Disease Control and Prevention breast and cervical cancer early detection program. Funding for these services is provided by a combination of federal and state moneys. Existing law requires these services to be provided at the level of funding budgeted from state and other resources during the fiscal year in which the Legislature has appropriated funds to the department for this purpose. This bill would, insofar as consistent with federal law and without jeopardizing federal funding, require the department to provide breast cancer screening and diagnostic services to individuals of any age who are exhibiting symptoms, with a physician's recommendation, and individuals 40 years of age or older, provided the individual otherwise meets the state eligibility requirements. This bill would appropriate an unspecified amount to the department for the breast and cervical cancer early detection program.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. Under existing law, children in juvenile facilities are ineligible to receive Medi-Cal benefits. This bill would, subject to the receipt of federal financial participation, provide that Medi-Cal benefits shall be provided to individuals awaiting adjudication in Alameda County Juvenile Hall if an individual is eligible to receive Medi-Cal benefits at the time he or she is admitted to Alameda County Juvenile Hall, or the individual is subsequently determined to be eligible for Medi-Cal benefits, and Alameda County agrees to pay the state's share of Medi-Cal expenditures and the state's administrative costs for the above-described benefits. This bill would provide that the individual would have his or her Medi-Cal benefits continued until the date of the individual's adjudication. This bill would provide that the above-described provisions shall be implemented only if, to the extent that, and on the date that the department receives written confirmation from the federal Centers for Medicare and Medicaid Services that federal financial participation is available and the Director of Health Care Services executes a declaration stating that implementing the above-described provisions will not jeopardize federal funding, as specified. The bill would require the director to cease implementing the bill under prescribed circumstances. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Alameda.

(1) Existing law requires that a person, 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 a prescribed affidavit, is exempt from paying nonresident tuition at the California Community Colleges and the California State University. This bill would enact the California Dream Act of 2010. The bill, as of July 1, 2011, would exempt a person who has attended, for 3 or more years, at least one of which shall have been in a high school, and graduated from, secondary school in California from paying nonresident tuition at the California Community Colleges and the California State University. Under the bill, persons attending and graduating from California technical schools and adult schools, as well as high schools, would be included within the scope of this provision. (2) The Donahoe Higher Education Act sets forth, among other things, the missions and functions of California's public and independent segments of higher education, and their respective institutions of higher education. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make a provision applicable. In any action in which a state court finds that a specified law, or any similar provision adopted by the regents, is unlawful, existing law authorizes the court to order the administering entity that is the subject of the lawsuit to terminate any waiver awarded under that statute or action, as equitable relief, prohibits the award of money damages, tuition refund or waiver, or other retroactive relief, and provides that the California Community Colleges, the California State University, and the University of California are immune from the imposition of any award of money damages, tuition refund or waiver, or other retroactive relief in a lawsuit. This bill would amend the Donahoe Higher Education Act, as of July 1, 2011, to require the Trustees of the California State University and the Board of Governors of the California Community Colleges, and to request the regents, to establish procedures and forms that enable persons who are exempt from paying nonresident tuition under the provision described in (1) above, or who meet equivalent requirements adopted by the regents, to apply for, and participate in, all student aid programs administered by these segments to the full extent permitted by federal law, except as provided. This provision would apply to the University of California only if the regents, by appropriate resolution, act to make it applicable. If a state court finds that this provision, or a similar provision adopted by the regents, is unlawful, this bill would provide that the same limitations described above would apply. This bill would further provide that, on and after January 1, 2011, a student attending the California State University, the California Community Colleges, or the University of California who is exempt from paying nonresident tuition under the provision described above would be eligible to receive a scholarship derived from nonstate funds received, for the purpose of scholarships, by the segment at which he or she is a student. Existing federal law requires that a state may provide that an alien who is not lawfully present in the United States is eligible for any state or local public benefit for which that alien would otherwise be ineligible under a specified federal law only through enactment of a state law that affirmatively provides for that eligibility. This bill would find and declare that the amendments to the Donahoe Higher Education Act described above are state laws within the meaning of this federal provision. (3) Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction, for prescribed fees, at community college campuses throughout the state. Existing law authorizes the waiver of these fees for, among others, students who are eligible under income standards established by the board of governors. This bill, as of July 1, 2011, would require community college districts to waive the fees of persons who are exempt from nonresident tuition under the provision described in (1) above, and who otherwise qualify for a waiver under this provision, under regulations and procedures adopted by the board of governors. Because the bill would impose new duties on community college districts with respect to determining eligibility for fee waivers, the bill would constitute a state-mandated local program. (4) 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.